The following was excerpted from an article that will appear in a future issue of NWLawyer. The author was also recently interviewed for the “What’s Next” newsletter on LAW.COM, which you can read here. The client shows his lawyer a video he says he took on his cell phone. It shows the defendant saying things […]
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The Washington Supreme Court recently announced a zero-tolerance approach to sexual harassment in places of public accommodation. In Floeting v. Group Health, Inc., No. 95205-1., issued Jan. 31, the Court responded to the case of a patient who alleged he was sexually harassed repeatedly by a hospital employee and sued the hospital under Washington Law […]
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In a C-SPAN interview last September, Justice Ruth Bader Ginsburg addressed a topic that most might not expect: implicit bias in a symphony orchestra. Justice Ginsburg related the story of a famous male music critic who bragged that he could tell the difference between male and female musicians—but when the musicians played behind a curtain, […]
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The WSBA Committee on Professional Ethics recently released a new advisory opinion No. 201803 to address the contours of contacting government employees under Washington Rule of Professional Conduct 4.2. The rule generally prohibits communication with a person whom the contacting lawyer “knows to be represented by another lawyer in the matter[.]” Under Wright v. Group […]
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The WSBA Committee on Professional Ethics recently released advisory opinion No. 201802 addressing “quadripartite” relationships. “Tripartite” relationships among an insurer, the insured, and defense counsel have been delineated extensively in both court decisions and advisory opinions. “Quadripartite” relationships, by contrast, are a fairly new development and remain comparatively unplumbed. The term generally describes situations where […]
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After voters approved Initiative 502 in November 2012 permitting and regulating “recreational” marijuana, questions immediately arose regarding the extent to which lawyers could advise and assist clients in state-authorized marijuana businesses. Washington RPC 1.2(d), like its ABA Model Rule counterpart, generally permits lawyers to advise clients on the legality of proposed conduct but prohibits lawyers […]
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A recent decision from the U.S. District Court in Seattle highlights the importance of “non-engagement” letters: a letter or other communication to a non-client involved in the background context of a representation telling the non-client that the lawyer is not representing the non-client. Smartek21, LLC v. VisiKard, Inc., 2018 WL 5024031 (W.D. Wash. Oct. 17, […]
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In a case of first impression in Washington, the Supreme Court recently held that the double jeopardy provisions of the United States and Washington Constitutions do not apply to lawyer discipline proceedings. In re Waechter, ___ Wn.2d ___, 419 P.3d 827, 2018 WL 2977072 (June 14, 2018), involved a lawyer who had allegedly converted client […]
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A recent decision by Division III of the Washington Court of Appeals illustrates the importance of confirming whether or not you have taken on a client at an initial meeting. Fechner v. Volyn, ___ Wn. App. ___, 418 P.3d 120, 2018 WL 2307703 (May 22, 2018), was painted against the backdrop of a medical malpractice […]
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Ethics guru Mark Fucile analyzes a Court of Appeals decision to overturn a lower court’s ruling for contempt against a defendant’s former counsel. Division I of the Washington Court of Appeals recently addressed a subpoena duces tecum to former counsel in State v. Rogers, ___ Wn. App. ___, 414 P.3d 1143, 2018 WL 1602957 (2018). […]
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