Wash. Admission & Prac. R. 9

(a) Purpose. Supervised professional practice plays an important role in the development

of competent lawyers and expands the capacity of the Bar to provide quality legal services while

protecting the interests of clients and the justice system. This rule authorizes supervised

professional practice by qualified law students, enrolled law clerks, and recent graduates of

approved law schools when they are licensed pursuant to this rule to engage in the limited

practice of law as “Licensed Legal Interns.” The license granted pursuant to this rule is a limited

license, based in part on recognition of the role practice experience plays in developing the

competence of aspiring lawyers and in part on the fact that the Licensed Legal Intern will be

supervised by an experienced lawyer. Persons granted such a limited license and their

supervising lawyers must comply with the obligations and limitations set forth in these rules.

(b) Eligibility. To be eligible to apply to be a Licensed Legal Intern, an applicant must

have arranged to be supervised by a qualifying lawyer and:

(1) Be a student duly enrolled and in good academic standing in a J.D. program at an

approved law school who has:

(A) successfully completed not less than two-thirds of a law school’s prescribed 3-year

course of study or five-eighths of a law school’s prescribed 4-year course of study, and

(B) obtained the written approval of the law school’s dean or a person designated by such

dean and a certification by the dean or designee that the applicant has met the educational

requirements; or

(2) Be an enrolled law clerk who:

(A) is certified by Bar staff to be in compliance with the provisions of APR 6 and to have

successfully completed not less than five-eighths of the law clerk program’s prescribed 4-year

course of study; and

(B) has the written approval of the primary tutor; or

(3) Be a J.D. graduate of an approved law school who has not been admitted to the practice

of law in any state or territory of the United States or the District of Columbia, provided that the

application is made within nine months of graduation; or

(4) Have completed the APR 6 law clerk program and not been admitted to the practice of

law in any state or territory of the United States or the District of Columbia, provided that the

application is made within nine months of the completion of the APR 6 law clerk program; or

(5) Be a graduate of an approved law school with an LL.M. that meets the requirements in

APR 3(b)(4) and who qualifies under APR 3(b)(4) to take the Washington lawyer bar

examination and who has not been admitted to the practice of law in any state or territory of the

United States or the District of Columbia, provided that the application is made within nine

months of graduation.

(c) Qualifications To Be a Supervising Lawyer. Except in the sections regarding the

application for issuance of a limited license pursuant to this rule, references in this rule to

“supervising lawyer” include both the supervising lawyer named in the application materials and

on the Licensed Legal Intern identification card, and any other lawyer from the supervising

lawyer’s office who meets the qualifications of a supervising lawyer and who performs the duties

of a supervising lawyer. A supervising lawyer must be an active lawyer member in good

standing of the Bar, who has been actively engaged in the practice of law in the State of

Washington or in any state or territory of the United States or the District of Columbia for at least

the 3 years immediately preceding the date of the application, who has not been disbarred or

subject to a disciplinary suspension in any jurisdiction within the previous 10 years and does not

have a disciplinary proceeding pending or imminent, and who has not received a disciplinary

sanction of any kind within the previous 3 years.

(d) Application. The applicant must submit an application in a form and manner

prescribed by the Bar.

(1) The applicant and the supervising lawyer must fully and accurately complete the

application, and they have a continuing duty to correct and update the information on the

application while it is pending and during the term of the limited license. Every applicant and

supervising lawyer must cooperate in good faith with any investigation by promptly furnishing

written or oral explanations, documents, releases, authorizations, or other information reasonably

required by the Bar. Failure to cooperate fully or to appear as directed or to furnish additional

information as required shall be sufficient reason for the Bar to recommend denial or termination

of the license.

(2) The application must include:

(A) all requested information about the applicant and the Supervising Lawyer;

(B) the required certification from the law school (or confirmation from the Bar, for APR 6

Law Clerks) that the applicant has the required educational qualifications; and

(C) certifications in writing under oath by the applicant and the supervising lawyer(s) that

they have read, are familiar with, and will abide by this rule and the Rules of Professional

Conduct.

(3) Full payment of any required fees must be submitted with the application. The fees

shall be set by the Board of Governors subject to approval by the Supreme Court.

(4) Bar staff shall review all applications to determine whether the applicant and the

supervising lawyer have the necessary qualifications, and whether the applicant possesses the

requisite good moral character and fitness to engage in the limited practice of law provided for in

this rule. Bar staff may investigate any information contained in or issues raised by the

application that reflect on the factors contained in APR 21(a), and any application that reflects

one or more of the factors set forth in APR 21 shall be referred to Bar Counsel for review.

(5) Bar Counsel may conduct such further investigation as appears necessary, and may refer

to the Character and Fitness Board for hearing any applicant about whom there is a substantial

question whether the applicant possesses the requisite good moral character and fitness to

practice law as defined in APR 20. Such hearing shall be conducted as provided in APR 20-24.3.

Bar Counsel may require any disclosures and conditions of the applicant and supervising lawyer

that appear reasonably necessary to safeguard against unethical conduct by the applicant during

the term of the limited license. No decision regarding the good moral character and fitness to

practice of an applicant made in connection with an application for licensing pursuant to this rule

is binding on the Bar or Character and Fitness Board at the time an applicant applies for

admission to practice law and membership in the Bar, and such issues may be reinvestigated and

reconsidered by Bar staff, Bar Counsel, and the Character and Fitness Board.

(6) The Supreme Court shall issue or refuse the issuance of a limited license for a Licensed

Legal Intern. The Supreme Court’s decision shall be forwarded to the Bar, which shall inform

the applicant of the decision.

(7) Upon Supreme Court approval of an applicant, the Bar shall deliver to the supervising

lawyer, with a copy to the applicant, a confirmation of approval by the Supreme Court and a

Licensed Legal Intern identification card. An applicant must not perform the duties of a Licensed

Legal Intern before receiving the confirmation and identification card.

(8) Once an application is accepted and approved and a license is issued, a Licensed Legal

Intern is subject to the Rules of Professional Conduct and the Rules for Enforcement of Lawyer

Conduct and to all other laws and rules governing lawyers admitted to the Bar of this state, and is

personally responsible for all services performed as a Licensed Legal Intern. Any conduct by a

Licensed Legal Intern that would subject a lawyer admitted to practice law in this state to

discipline may result in the Bar taking action on the Licensed Legal Intern’s license, including

termination of the Licensed Legal Intern’s license or requiring disclosures by or condition on the

Licensed Legal Intern and supervising lawyer that may appear reasonably necessary to safeguard

against unethical conduct by the Licensed Legal Intern during the term of the limited license.

(9) A Licensed Legal Intern may have up to two supervising lawyers in different offices at

one time. A Licensed Legal Intern may submit an application for approval to add a supervising

lawyer in another office or to change supervising lawyers any time within the term of the limited

license. When a Licensed Legal Intern applies to add a concurrent supervising lawyer in another

office, the Intern must notify both the current supervising lawyer and the proposed new

supervising lawyer in writing about the application, and both the current and the new supervising

lawyer must approve the addition and certify that such concurrent supervision will not create a

conflict of interest for the Licensed Legal Intern. The qualifications of the new supervising

lawyer will be reviewed by Bar staff who may approve or deny the supervisor. The Licensed

Legal Intern will be notified of approval or denial of the new supervising lawyer as described

above and must not perform the duties of a licensed legal intern before receiving a new

confirmation containing notification of approval and a new identification card.

(e) Scope of Practice, Prohibitions, and Limitations. In addition to generally being

permitted to perform any duties that do not constitute the practice of law as defined in GR 24, a

Licensed Legal Intern shall be authorized to engage in the limited practice of law only as

authorized by the provisions of this rule.

(1) A Licensed Legal Intern may engage in the following activities without the presence of

the supervising lawyer:

(A) Advise or negotiate on behalf of a person referred to the Licensed Legal Intern by the

supervising lawyer;

(B) Prepare correspondence containing legal advice to clients or negotiating on behalf of

clients, pleadings, motions, briefs, or other documents. All such correspondence, pleadings,

motions, and briefs must be reviewed and signed by the supervising lawyer, as well as any other

documents requiring the signature of a lawyer. On any correspondence or legal document signed

by the Licensed Legal Intern, the Licensed Legal Intern’s signature shall be followed by the title

“Licensed Legal Intern” and the Licensed Legal Intern’s identification number;

(C) Present to the court ex parte and agreed orders signed by the supervising lawyer, except

as otherwise provided in these rules;

(D) After a reasonable period of in-court supervision or supervision while practicing before

an administrative agency, which shall include participating with the supervising lawyer in at least

one proceeding of the type involved before the same tribunal and being observed by the

supervising lawyer while handling one additional proceeding of the same type before the same

tribunal:

(i) Represent the State or the respondent in juvenile court in misdemeanor and gross

misdemeanor cases;

(ii) Try hearings, nonjury trials, or jury trials, in courts of limited jurisdiction;

(iii) Represent a client in any administrative adjudicative proceeding for which nonlawyer

representation is not otherwise permitted.

(2) In any proceeding in which a Licensed Legal Intern appears before the court, the

Licensed Legal Intern must advise the court of the Intern’s status and the name of the Intern’s

supervising lawyer.

(3) A Licensed Legal Intern may participate in Superior Court and Court of Appeals

proceedings, including depositions, only in the presence of the supervising lawyer or another

lawyer from the same office.

(4) A Licensed Legal Intern must not receive payment directly from a client for the Intern’s

services. A Licensed Legal Intern may be paid for services by the Intern’s employer, and the

employer may charge for the services provided by the Licensed Legal Intern as may be

appropriate.

(5) A Licensed Legal Intern must not try any motion or case or negotiate for or on behalf of

any client unless the client is notified in advance of the status as a Licensed Legal Intern and of

the identity and contact information of the Licensed Legal Intern’s supervising lawyer.

(6) A Licensed Legal Intern must not perform any of the actions permitted by this rule on

behalf of or under the supervision of any lawyer other than the supervising lawyer or another

lawyer employed in the same office who is qualified for such supervision under this rule.

(7) For purposes of the attorney-client privilege, a Licensed Legal Intern shall be

considered a subordinate of the lawyer providing supervision for the Intern.

(f) Additional Obligations of Supervising Lawyer. Agreeing to serve as the supervising

lawyer for a Licensed Legal Intern imposes certain additional obligations on the supervising

lawyer. The failure of a supervising lawyer to comply with the duties set forth in this rule shall be

grounds for disciplinary action pursuant to the Rules for Enforcement of Lawyer Conduct. In

addition to the duties stated or implied above, the supervising lawyer:

(1) must provide training to all Licensed Legal Interns supervised by the supervising

lawyer, regarding the Rules of Professional Conduct and how they relate to the limited practice

of the Licensed Legal Intern. Such training may be waived if the supervising lawyer otherwise

determines that the Licensed Legal Intern has previously received such training and the

supervising lawyer deems such training sufficient for the limited practice that will be supervised;

(2) must direct, supervise, and review all of the work of the Licensed Legal Intern and shall

assume personal professional responsibility for any work undertaken by the Licensed Legal

Intern while under the lawyer’s supervision;

(3) must ensure that all clients to be represented by the Licensed Legal Intern are informed

of the intern’s status as a Licensed Legal Intern in advance of the representation;

(4) must review and sign all correspondence providing legal advice to clients and all

pleadings, motions, briefs, and other documents prepared by the Licensed Legal Intern and

ensure that they comply with the requirements of this rule, and must sign the document if it is

prepared for presentation to a court;

(5) must take reasonable steps to ensure that the Licensed Legal Intern is adequately

prepared and knowledgeable enough to be able to handle any assigned matters performed outside

the supervising lawyer’s presence, but need not be present in the room while the Licensed Legal

Intern is performing such duties unless such presence is specifically required by this rule;

(6) must supervise no more than:

(a) one Licensed Legal Intern at any one time if the supervising lawyer is in private practice

not otherwise described below;

(b) four Licensed Legal Interns at any one time if the supervising lawyer is employed by a

recognized institution of legal aid, legal assistance, public defense, or similar programs

furnishing legal assistance to indigents, or by the legal departments of a state, county, or

municipality; or

(c) 10 Licensed Legal Interns at any one time if the supervising lawyer is a full-time clinical

supervising lawyer or a member of the faculty of an approved law school for a clinical course

offered by the law school where such course has been approved by its dean and is directed by a

member of its faculty and is conducted within institutions or legal departments described in the

section above or within the law school, provided that a supervising lawyer attends all adversarial

proceedings conducted by the legal interns;

(7) must meet with the Licensed Legal Intern, in person or by telephone, a minimum of one

time per week, to review cases being handled and to provide feedback on performance, to

provide additional guidance and instruction, and to answer questions or issues raised by the

Licensed Legal Intern;

(8) must inform the Bar staff promptly if circumstances arise that cause the supervising

lawyer to have concern about the good moral character or fitness to practice of a Licensed Legal

Intern supervised by that lawyer, and cooperate in any investigation that may follow such a

report;

(9) may terminate supervision of a Licensed Legal Intern under this rule at any time, with or

without good cause, and must promptly notify the Bar staff of the effective date of the

termination and the reasons for the termination;

(10) may be terminated as a supervising lawyer at the discretion of the Bar, and when so

terminated, must take steps to ensure that any Licensed Legal Intern previously supervised by the

supervising lawyer ceases to perform duties or hold him/herself out as though supervised by the

supervising lawyer.

(g) Additional Obligations and Limitations. The following additional general

obligations and limitations apply:

(1) A judge or administrative hearing officer may exclude a Licensed Legal Intern from

active participation in a case in the interest of orderly administration of justice or for the

protection of a litigant or witness. In such case, a continuance shall be granted to secure the

attendance of the supervising lawyer, who must assume personal responsibility for that matter.

(2) A Licensed Legal Intern or the supervising lawyer must notify the Bar staff promptly if

the supervising lawyer named on a Licensed Legal Intern’s identification card terminates

supervision of the Licensed Legal Intern, and such Licensed Legal Intern is prohibited from

performing any of the actions described in these rules unless and until a change of supervising

lawyer has been approved and a new identification card issued.

(h) Term of Limited License. A limited license issued pursuant to this rule shall be valid,

unless it is revoked or supervision is terminated, for a period of not more than 30 consecutive

months, and in no case will it be valid if it has been more than 18 months since the Licensed

Legal Intern graduated from law school or completed the APR 6 Law Clerk program.

(1) The approval given to a law student by the law school dean or the dean’s designee or to

a law clerk by the tutor may be withdrawn at any time by delivering notice to that effect to the

Bar, and must be withdrawn if the student ceases to be duly enrolled as a student prior to

graduation, takes a leave of absence from the law school or from the clinical program for which

the limited license was issued, or ceases to be in good academic standing, or if the APR 6 law

clerk ceases to comply with APR 6. When the approval is withdrawn, the Licensed Legal

Intern’s license must be terminated promptly.

(2) A limited license is granted at the sufferance of the Supreme Court and may be revoked

at any time upon the court’s own motion, or upon the motion of the Bar, in either case with or

without cause.

(3) A Licensed Legal Intern must immediately cease performing any services under this

rule and must cease holding themself out as a Licensed Legal Intern upon:

(A) the termination for any reason of the Intern’s limited license under this rule;

(B) the termination of the supervision for any reason or the upon the resignation of the

Intern’s supervising lawyer;

(C) the suspension or termination by the Bar of the supervising lawyer’s status as a

supervising lawyer;

(D) the withdrawal of approval of the Intern pursuant to this rule; or

(E) the failure of the supervising lawyer to maintain qualification to be a supervising lawyer

under the terms of this rule.