Summary

JurisdictionWashington

Chapter Details


A. State Materials

1. Court Rules

a. RPC

RPC 1.2 (scope of representation and allocation of authority)
RPC 1.13 (organization as client)
RPC 1.14 (client with diminished capacity)
RPC 1.16 (declining or terminating representation)
RPC 1.18 (prospective clients)

b. Civil Rules

CR 2A (stipulations)
CR 71 (withdrawal by attorney)

c. Other Rules

CrR 3.1(e) (withdrawal)
RAP 18.3 (withdrawal)

2. Statutes

RCW 2.44.010 (authority of attorney)
RCW 2.44.020 (appearance without authority)
RCW 2.44.030 (production of authority to act)
RCW 2.44.040 (change of attorneys)
RCW 2.44.050 (notice of change and substitution)
RCW 2.44.060 (death or removal of attorney)
RCW 60.40.010 (attorney liens)

B. Key Differences Between Washington RPC and ABA MRPC

1. Language Added to ABA MRPC

RPC 1.13(e), (h) (new)
RPC 1.16(a), (a)(1)
RPC 1.18(b), (c), (e) (new)

2. Revisions to ABA Comments

RPC 1.14 cmt. [4]
RPC 1.18 cmts. [2], [5]

3. Reserved/Not Adopted ABA Comments

RPC 1.18 cmt. [5]

4. Additional Washington Comments

RPC 1.2 Wash. cmt. [14]
RPC 1.13 Wash. cmt. [15]
RPC 1.18 Wash. cmts. [10]-[13]

SUMMARY OF CONTENTS

I.Identifying the Client
II.Forming the Attorney-Client Relationship
III.RPC 1.2
A.RPC 1.2(a): Allocation of Decision-Making Responsibility
B.RPC 1.2(b): The Principle of Neutrality
C.RPC 1.2(c): Limiting the Objectives of the Representation
D.RPC 1.2(d): Counseling or Assisting a Client to Commit a Criminal or Fraudulent Act
E.RPC 1.2(f): Misrepresentations of Authority
IV.RPC 1.14: Representing a Client with Diminished Capacity
V.RPC 1.16: Terminating the Attorney-Client Relationship
A.Mandatory Withdrawal
1.Discharge by Client
2.Threatened Violation of RPC or Other Law
B.Permissive Withdrawal
1.Criminal or Fraudulent Behavior by Client
2.Client Fails to Fulfill an Obligation to the Lawyer or Presents an Unreasonable Financial Burden
3.Objectives Are
...

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