Updated: Nov. 1, 2024

 

When a licensed legal professional lacks the mental or physical capacity to practice law, the professional’s license may be transferred to Disability Inactive status. Disability Inactive status is described in the WSBA Bylaws in Article III. Sec. B.2. and in Title 8 of the Washington Supreme Court Rules for Enforcement of Lawyer Conduct (ELC), Rules for Enforcement of LLLT Conduct (ELLLTC) and Rules for Enforcement of LPO Conduct (ELPOC). While on disability inactive status, a licensed legal professional is not permitted to practice law, is not required to pay license fees, and is not required to meet MCLE requirements.

Determination of Incapacity to Practice Law

The requirements for a determination of incapacity to practice law are set forth in Title 8 of the ELC, ELLLTC, and ELPOC. A licensed legal professional can be determined to be incapable of practicing law as follows:

  1. The licensed legal professional is found to be incapacitated during a disability proceeding under ELC/ELLLTC/ELPOC 8.3. 
  2. As required under ELC/ELLLTC/ELPOC 8.1., a court order was entered demonstrating the licensed legal professional:
  • was found to be incapable of assisting in their own defense in a criminal action;
  • was acquitted of crime based on insanity;
  • had a guardian appointed for their person or estate on a finding of incompetency; or
  • was found to be mentally incapable of conducting the practice of law in any other jurisdiction.

If you know of an order involving a licensed legal professional as described in item 2 above, please provide that information to the WSBA Regulatory Services Department at statuschanges@wsba.org.

Concern About Another Licensed Legal Professional

If you have concerns about  a licensed legal professional's capacity to practice law, there are several options available as resources.

  1. You may contact or refer the individual to the WSBA  Member Wellness Program.
  2. You may refer the licensed legal professional to Status Changes to determine what other status options are available.
  3. You may file a grievance with the WSBA, which may investigate the individual’s capacity to practice law.

Return to Active Status and Removal of Incapacity

To return to Active status from Disability Inactive status, a licensed legal professional must petition for a transfer to Active status and show that the incapacity to practice law has been removed. See ELC/ELLLTC/ELPOC 8.8.

Your Own Disability or Significant Health Condition

If a disability or significant health condition is expected to prevent you from practicing law for a significant time period, and you are unable to maintain an active license, one option is to transfer to inactive status. While on inactive status you are not permitted to use your license to practice law and you are not required to report MCLE credits. You can then request an exemption of the $200 inactive license fee under the WSBA Bylaws Article III Section I.6, which provides:

The Executive Director may grant an exemption from payment of the annual license fee by any Inactive member who is experiencing a significant health condition that is either (1) the reason for the member transferring to inactive status, or (2) preventing the member from returning to active status. A request must be submitted on or before February 1st of the year for which the exemption is requested. Inactive license fee exemptions under this section are for one calendar year only. An exemption request under this section can be submitted annually. Denial of an exemption request is not appealable. Supporting documentation may be requested. 

When the significant health condition is no longer preventing you from practicing law, you will be able to return to active status just like any other member returning to active from inactive status.

Having your license on inactive status with the inactive license fee exemption is not the same as disability inactive status.  Other options include transferring to inactive status without the license fee exemption, transferring to honorary status if applicable criteria are met, transferring to pro bono status if you are able to provide volunteer legal services through a qualified legal services provider, or resigning your membership with the WSBA.  For information about these status options, please see wsba.org/statuschanges.

Any discrepancy or conflict between the information provided here and the rules and regulations set by the Washington Supreme Court, or the Bylaws and policies of the Washington State Bar Association, is unintentional and will be resolved in favor of strict compliance with the rules, regulations, Bylaws and policies.