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Search results for 'Mark Fucile'

5
Jun
A gavel in a courtroom.

Appeals Court Considers Prosecutor’s Subpoena for Letter Held by Former Defense Counsel

Ethics guru Mark Fucile analyzes a Court of Appeals decision to overturn a lower court ruling of contempt after a criminal defendant’s former counsel refused to comply with a prosecutor’s subpoena to obtain the defendant’s handwritten apology to his victim.

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10
May

Oh, Those Dreaded Words: ‘Can I Get Your Advice on Something?’

A family enjoying dinner and conversation.
Just as I lifted the fork to my open mouth, I heard the words that every attorney dreads most: “Can I get your advice on something?”

A family enjoying dinner and conversation.When it comes to Thanksgiving mac and cheese, my mother is basically Marie Curie. Four cheeses, added at four different times, melted at four different temperatures until the crispy top snaps like a potato chip. I wait all year for this.

So naturally I’d been watching what I was eating all day in preparation. I scooped a cheesy pile onto my plate along with other delectable fare, made a bee-line for the couch, and settled in to stuff my face. Read more »

11
Apr

Court of Appeals: Claiming Attorney Fees as Damages Waives Privilege

Abstract depiction of a scale and gavel
Attorney-client privilege is waived when claiming attorney fees for the work involved as damages, a Court of Appeals rules.

Abstract depiction of a scale and gavelDivision I of the Washington Court of Appeals held recently that the attorney-client privilege is waived when claiming attorney fees for the work involved as damages in a subsequent legal malpractice case. Leen v. Defoe, 2018 WL 582448 (Wn. App. Jan. 29, 2018) (unpublished), arose against the backdrop of a commercial transaction. The plaintiffs had hired the defendant law firm to represent them in negotiating the sale of a business. Read more »

23
Mar

Court of Appeals Interprets ‘Proceeds’ Attached by Attorney Lien in Dissolution Case

Gavel and Benjamins

Division I of the Washington Court of Appeals recently interpreted the term “proceeds” to which an attorney lien attached in a dissolution case. Matter of Marriage of Shulikov, 2017 WL 3476783 (Wn. App. Aug. 14, 2017) (unpublished), involved a dissolution case that had settled in trial court. The resolution involved payments of maintenance and child support by the husband to the wife and a separate property settlement under which the husband made monthly payments to the wife for her share of the couple’s business. The wife’s attorney withdrew following the resolution and filed a lien for fees. In light of the lien, the husband paid the amounts due under the property settlement into the court. Represented by new counsel, the wife challenged her former lawyer’s lien over the funds the husband had deposited into the court.

The trial court concluded that the funds involved were not subject to the lien. The Court of Appeals, however, concluded that the property settlement funds were “proceeds” capable of being attached by the lien and reversed.

Gavel and BenjaminsDivision I of the Washington Court of Appeals recently interpreted the term “proceeds” to which an attorney lien attached in a dissolution case. Matter of Marriage of Shulikov, 2017 WL 3476783 (Wn. App. Aug. 14, 2017) (unpublished), involved a dissolution case that had settled in trial court. The resolution involved payments of maintenance and child support by the husband to the wife and a separate property settlement under which the husband made monthly payments to the wife for her share of the couple’s business. The wife’s attorney withdrew following the resolution and filed a lien for fees. In light of the lien, the husband paid the amounts due under the property settlement into the court. Represented by new counsel, the wife challenged her former lawyer’s lien over the funds the husband had deposited into the court.

The trial court concluded that the funds involved were not subject to the lien. The Court of Appeals, however, concluded that the property settlement funds were “proceeds” capable of being attached by the lien and reversed. Read more »

2
Mar

Supreme Court Approves RPC Amendments on Imputed Conflicts

path to success
The Supreme Court recently approved Rules of Professional Conduct amendments addressing imputed conflicts for public defenders.

The Washington Supreme Court recently approved a package of related Rules of Professional Conduct (RPC) amendments addressing imputed conflicts for public defenders. “Imputed” conflicts are those shared by all law practitioners working in a single firm. Some public defenders are government employees while others work for law firms or nonprofits. Read more »