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Contact: Contact Kristin Weber at 202/887-8255, kweber@halt.org
HALT—An Organization of Americans for Legal Reform has called on the state of Washington to implement stronger protections for legal consumers in its ethics rules for lawyers. HALT, a legal consumer watchdog, urged the Supreme Court of Washington to strengthen the rules of professional conduct. In particular, the group called for clarification and more specific guidance regarding effective lawyer-client communication.
"Washington's proposed set of changes to its ethics rules make consumer needs a priority by requiring effective communication between attorneys and clients and by permitting innovations such as unbundled legal service," stated HALT Associate Counsel Suzanne M. Blonder. "We are confident that the Supreme Court of Washington will seriously consider additional reforms that will improve accountability and access to our civil justice system."
Filing comments with the court Friday in support of several proposed amendments to the ethics code, HALT also suggested amendments to rules that are critically important to legal consumers. HALT urged the Washington Supreme Court to require written fee agreements and to prohibit value-based billing in probate cases, while also suggesting changes to the language of the rules to reduce ambiguity that could lead to client harm. Washington's proposals to amend the rules came in response to the American Bar Association's revision of its Model Rules of Professional Responsibility in 2000.
HALT pointed out that while the new proposals recommend that lawyers specify their fees in writing, the rules should go a step further and require written fee agreements. By putting these agreements in writing, HALT told the Court, clients will be able to more fully anticipate expenses and case developments. In addition, written agreements reduce the number of fee disputes that regularly come before the Washington State Bar Association's fee arbitration program.
During this period of reflection and analysis, HALT recommended that the Court consider requiring lawyers to carry professional liability insurance. Because Washington's attorney discipline system does not reimburse consumers and the state's client protection fund only awards clients when an attorney has defrauded them, a legal malpractice lawsuit is often a consumer's only means of compensation. But a malpractice suit is worthless, HALT told the Court, if a lawyer is insolvent and is not covered by insurance.
Pointing to Oregon's system of mandatory malpractice insurance, HALT stated, "During this period of reanalysis and reform, Washington has the opportunity to follow the model of its neighbor from the north and require licensed attorneys to carry professional liability insurance. This will give Washington consumers greater peace of mind when working with a lawyer and will allow the Court to fulfill its mission of protecting the state's client population."
Founded in 1978, HALT—An Organization of Americans for Legal Reform is a nonpartisan, nonprofit public interest organization. HALT pursues an aggressive education and advocacy program that challenges the legal establishment to improve access, increase accountability and reduce costs in the civil justice system.
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