Wash. R. for Enforcement of Lawyer Conduct 8.9

(a) Request for Authorization To Initiate Guardianship Proceedings. A hearing

officer, the Chair, Association counsel, the respondent, or respondent’s counsel may request that

a review committee authorize the filing of a petition for a limited guardianship of a respondent.

(b) Notice. The person requesting authority to file the guardianship petition must give

notice to the parties at the time of the request. The party not making the request shall be given a

reasonable opportunity, under the facts and circumstances of the case, to respond before the

Review Committee renders its decision. The Association and the respondent may submit

declarations or affidavits relevant to the Review Committee’s decision.

(c) Review Committee Determination. The review committee may authorize the filing of

a petition for the appointment of a limited guardian when the review committee reasonably

believes that grounds for such an appointment exist under RCW 11.88.010(2). The review

committee may require the respondent to submit to any necessary examinations or evaluations

and may retain independent counsel to assist in the investigation and the filing of any petition.

(d) Action for Limited Guardianship.

(1) Upon authorization of a review committee, the petitioning party may file a petition in

any Superior Court seeking a limited guardian to act regarding the respondent’s license or any

disciplinary or disability investigation or proceeding.

(2) Notwithstanding any other statutory qualifications, any guardian or guardian ad litem

appointed pursuant to a petition filed under this rule must be a lawyer qualified to maintain and

protect the information protected by RPC 1.6 or RPC 1.9 of the respondent’s clients.

(3) Upon application to the Superior Court, the respondent may have the matter moved to

the county where the respondent is domiciled or maintains an office or another county as

authorized by law.

(4) The guardianship proceedings must be sealed to the extent necessary to protect

information protected by RPC 1.6 or RPC 1.9 of the respondent’s clients or on any other basis

found by the Superior Court.

(5) The costs of any guardianship proceeding are paid out of the guardianship estate, except

if the guardianship estate is indigent, the Association pays the costs.