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Updated Advisory Opinion on Ethical Practices of the Virtual and Hybrid Law Office

Over the last five years, many lawyers began the transition to remote work—then the pandemic added even more coal to the fire. Accelerated adoption of remote and hybrid work, however, did not mean there haven’t been questions about how to do so properly. The Committee on Professional Ethics recently released a new and improved advisory opinion which answers many questions about practicing in a remote or hybrid law office. “Ethical Practices of the Virtual or Hybrid Law Office” updates an opinion first published in 2016 and adds many topics relevant to today’s practice.

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Municipal Mayhem and More inside the March Issue of Bar News

It’s March, and for many it’s the month that only means one thing: a competition to rank the best courthouses in the state of Washington. Also, there’s some sort of sporting event.
Unlike other March-themed competitions, the WSBA’s Municipal Mayhem doesn’t take place on the court, but is a battle literally about the court(s). This battle of bureaucracy, this clash of courthouses, indeed this joust for justice will be left to WSBA members to determine, once and for all (and probably for the first time), which county hosts the courtiest courthouse. Of course, those aren’t the actual criteria upon which we will name the winner. You can find out all about the competition, how to fill out a bracket, and ways you can help your favorite courthouse shine by reading the cover story of the latest issue of Washington State Bar News.

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Timing is Everything: Motion to Withdraw With Pending Summary Judgment Denied

A recent decision by the federal court in Seattle underscored that when attempting to withdraw from litigation, timing can be critical. In 3M Company v. AIME LLC, 2023 WL 1863517 (W.D. Wash. Feb. 9, 2023) (unpublished), the defendants’ out-of-state lead attorney and their local counsel both moved to withdraw. Both cited a variety of grounds supporting their motions—many of which would ordinarily be sufficient under the “withdrawal rule,” RPC 1.16. Although many of their reasons had existed for a substantial period, the lawyers waited until the plaintiff’s motion for summary judgment was pending to seek court permission to withdraw. Given the timing, the court denied their motions.

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Stressed Out? Meet Adely Ruiz, WSBA’s New Member Wellness Counselor

Recently, the WSBA Member Wellness Program grew a little larger with the addition of Clinical & Outreach Lead Adely Ruiz, MSW, LSWAIC. Ruiz comes to the WSBA via the Sound – Belltown community mental health facility, where she worked with a vulnerable low-income population. She provided cognitive behavioral therapy that included mental health diagnosis and treatment, guiding clients with harm-reduction techniques, treating substance use disorders, and providing direction on accessing medication management services.

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Supreme Court Examines Right to Counsel Involving Non-WA-Licensed Defender

The Sixth Amendment guarantees “the assistance of counsel” to criminal defendants. Most post-conviction relief cases addressing this issue focus on whether counsel was “ineffective.” On unusual facts, the Washington Supreme Court recently examined the question of whether a lawyer not licensed in Washington but actively licensed in Idaho met the Sixth Amendment’s right to counsel. In a 5-4 decision, the Supreme Court found that the constitutional requirement was satisfied.

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Court of Appeals Addresses Receipt of Inadvertently Produced Privileged Documents

Division III of the Washington Court of Appeals in Spokane recently surveyed the duties under both the Rules of Professional Conduct and the Superior Court Civil Rules when a lawyer receives what reasonably appears to be a litigation opponent’s inadvertently produced privileged documents. Hur v. Lloyd & Williams, LLC, involved a contract dispute. In responding to the defendant’s document production request, the plaintiff produced over 1,000 pages of emails electronically. The plaintiff’s counsel redacted privileged information from the documents produced and provided a notice regarding the grounds for the redactions with the production rather than a privilege log.

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ESGs and ABCs in the February Bar News

A little over one year ago, the Harvard Business Review said that “virtually all of the world’s largest companies now issue a sustainability report and set goals; more than 2,000 companies have set a science-based carbon target; and about one-third of Europe’s largest public companies have pledged to reach net zero by 2050.” In other words, ESG is now the standard. But, of course, what the hell is ESG? Seattle-based attorney and sustainability consultant Nicole DeNamur explains in the newest issue of Washington State Bar News that ESG—which stands for Environmental, Social, and Governance—describes data and reporting that is steadily gaining in market demand and federal regulatory oversight.

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Washington’s 2023 Legislative Session: What’s in Store at the WSBA

The 2023 session of the Washington State Legislature began with lawmakers returning to Olympia for the first in-person session in two years. Legislators will consider a variety of issues this year. However, a primary focus of the 120-day “long” session is to pass a state budget for the next two years. The first day of session was Jan. 9 and it will continue through April 23. Between now and then the Senate and House of Representatives have important dates ahead of them.