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Search results for 'Mark Fucile'

28
Nov
A wingtip shoe about to slip on a banana peel.

Idaho Soon to Require Malpractice Insurance

For Washington lawyers who are also licensed in Idaho, the Idaho Supreme Court recently amended its licensing rule to soon require malpractice insurance for lawyers in private practice.

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4
Oct

Supreme Court Holds Order Allowing Withdrawal Precludes Subsequent Malpractice Claim Over the Withdrawal

The cogs of law.
State Supreme Court held recently that a court order permitting withdrawal under CR 71 precludes a malpractice claim over the withdrawal.

The cogs of law graphicThe Washington Supreme Court held recently in Schibel v. Eymann, ___ Wn.2d ___, ___ P.3d ___, 2017 WL 3382278 (Aug. 3, 2017), that a court order permitting withdrawal under CR 71 precludes a subsequent malpractice claim over the withdrawal. Read more »

28
Aug

Court of Appeals Rules on Authority of Insurance Defense Counsel

A client and attorney
Appeals court addresses an insurance defense counsel’s authority when the counsel had no contact with the insured throughout litigation.

A client and attorneyDivision II of the Court of Appeals recently addressed the authority of insurance defense counsel in an unusual scenario: where defense counsel had no contact with the insured throughout the course of the litigation involved. Kruger-Willis v. Hoffenburg, 198 Wn. App. 408, 393 P.3d 844 (2017), arose out of an automobile accident. The defendant drove a truck into the plaintiff’s parked car. The defendant’s insurer paid for the property damage involved, but then the plaintiff sued the defendant for the diminished value of the vehicle. The defendant prevailed at trial, and the trial court awarded the defendant $11,490 in fees and costs. In the course of litigating the fee award, defense counsel admitted that he had never had any contact with the defendant. Read more »

7
Aug

Court of Appeals Underscores Significance of Written Fee Agreement

A man and female attorney signing a document
A recent decision by Division I of the Washington Court of Appeals highlights the importance of a written fee agreement.

A man and female attorney signing a documentA recent decision by Division I of the Washington Court of Appeals highlights the importance of a written fee agreement. Davis Wright Tremaine LLP v. Peterson, 2017 WL 1593009 (Wn. App. May 1, 2017) (unpublished), was a fee collection case by a law firm against a client. The law firm had represented the client in commercial litigation before withdrawing. After the underlying case resolved, the law firm sued the client for unpaid fees and related expenses that the law firm had advanced. Read more »

19
Jul

Court of Appeals Discusses Implied Waiver of Privilege When Claiming Attorney Fees as Damages

books on the table and classes and the bottom shelf
Division I of the Court of Appeals recently discussed implied waiver of the attorney-client privilege when claiming attorney fees as damages.

books on the table and classes and the bottom shelfDivision I of the Court of Appeals recently discussed implied waiver of the attorney-client privilege when claiming attorney fees as damages. Bellevue Farm Owners Association v. Stevens, ___ Wn. App. ___, ___ P.3d ___, 2017 WL 1293482 (2017), was on discretionary review. The underlying litigation involved the development of waterfront property and included a counterclaim for abuse of process. The damages asserted under the counterclaim were solely attorney fees and related costs.The counterclaim defendant sought discovery of billing records relating to the attorney fees and costs claimed. Following an order at the trial court requiring production, the counterclaimant requested — and was granted — discretionary review. At the Court of Appeals, the defendant argued that the counterclaimant had impliedly waived privilege by claiming the attorney fees and associated costs as damages. The counterclaimant, in turn, contended that implied waiver only applied to legal malpractice claims. Read more »