The “actual innocence” requirement in legal malpractice claims against criminal defense attorneys necessitates plaintiffs to prove they did not commit the crime linked to alleged negligence. Jurisdictions like Washington, Alaska, and Oregon have their variations, complicating malpractice lawsuits. Recent cases reveal nuances that could shape future interpretations and applications of this requirement.
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A recent Advisory Opinion clarifies that a purchasing lawyer cannot use the selling lawyer’s name in their firm name after buying a law practice. This prohibition, rooted in professional conduct rules, aims to prevent misleading communications about lawyers’ affiliations, ensuring transparency and protecting clients’ understanding. Ethical compliance is emphasized.
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Artificial intelligence is reshaping the legal field, prompting the need for lawyers to address ethical considerations outlined in Advisory Opinion 202505. Key duties include competence, diligence, confidentiality, communication, candor, supervision, and reasonable billing. As AI evolves, lawyers must remain informed and prioritize client interests while ensuring ethical responsibility.
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Lawyers are creatively utilizing TikTok, specifically through the #LawTok hashtag, to share legal insights and connect with audiences, transforming legal education by providing accessible information. Additionally, the Washington State Bar News features Law Rocks Seattle, a musical event for legal professionals, showcasing their talents while supporting charitable causes.
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The Washington Court of Appeals recently ruled on attorney-client privilege in receivership cases, affirming that a receiver can control a corporation’s privilege. In the Matter of Elcon Corporation, the court held the receiver can compel the production of privileged emails from Elcon, consistent with RCW 7.60.060(1)(c) and bankruptcy precedent.
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The year 2025 has been marked by dramatic events and societal shifts, including environmental disasters and emerging technologies. NWSidebar highlighted key legal topics such as ethics in reporting client data, the implications of AI in law, and issues surrounding hiring in public defense. These discussions reflect the evolving landscape of legal practice amidst broader societal changes.
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A federal district court in Seattle examined malpractice claims against Limited Practice Officers (LPOs) under Washington law. In Sadr v. Oney, the court ruled that while the LPO used approved forms, it was not subject to attorney standards of care, differentiating it from past cases. This decision contributes to limited jurisprudence on LPO malpractice.
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Estate plans are often drafted years, or even decades, before they take effect. During that time, a beneficiary’s life and circumstances can change dramatically and so estate planning drafting must be flexible. Someone who was once fully capable of managing an inheritance may later face cognitive decline, disability, or another form of incapacity. Without built-in […]
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