Wash. R. for Enforcement of Lawyer Conduct 5.5

(a) Procedure. Before filing a formal complaint, disciplinary counsel may issue a

subpoena for a deposition or to obtain documents without a deposition. To the extent possible,

CR 30 or 31 applies to depositions under this rule, however the respondent need not be given

notice of a subpoena.

(b) Subpoenas. Disciplinary counsel may issue subpoenas to compel the respondent’s or a

witness’s attendance, and/or the production of books, documents, or other evidence, at a

deposition or without a deposition. CR 45 governs subpoenas under this rule, but the notice

required by CR 45(b)(2) need not be given. Subpoenas may be enforced under rule 4.7.

(c) Challenges. Challenges by non-lawyers to subpoenas under this rule may be made to

the chief hearing officer, who may issue a protective order under ELC 3.2(e).

(d) Cooperation. Every lawyer must promptly respond to subpoenas and requests and

inquiries from disciplinary counsel, subject to the provisions of ELC 5.3 and rule 5.4.

(e) Objections by Lawyers.

(1) To protect confidential client information, or for other good cause shown, a lawyer may

object to an investigative subpoena or a disciplinary counsel request or inquiry during a

deposition under this rule. An objection must be in writing or on the record and is reviewed by

motion as provided in ELC 5.6.

(2) A timely objection suspends any duty to respond to the subpoena or to a request or

inquiry under this rule until a ruling has been made under ELC 5.6. An objection to a subpoena

is timely if made prior to the date specified for production or the date of the deposition. An

objection to a request or inquiry under this rule is timely if made in response to the request or

inquiry during the course of the deposition.