November 25, 2008

WA: new RPC 1.8 (m) - the air up there, state bar version

Yodelling Llama and I went to the same CLE, and both were a bit chagrined to learn that most contracts for conflict defender services in this state are now considered unethical:

Now, I suspect this result of RPC 1.8(m) is an unintended consequence of poor drafting, and no one should really be too worried about losing his license just by getting paid to provide indigent defense services...

...because as p.d.'s we truly do not have enough to watch out for already. At the CLE, this rule was referred to as something along the lines of, "public policy preference posing as professional responsibility requirement" (fine sentiment though it may be).