Search Results for “Mark Fucile”

The Top 10 Most Popular NWSidebar Articles in 2019

As the hub for voices of Washington’s legal community, the content on this blog is as varied as WSBA members themselves.

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Home on the Range and a Home of Our Own in Latest Bar News

For many, dairy farms will bring to mind pleasant imagery of placid cows nibbling grass and farmworkers ambling in the pre-dawn hours with stool and milking bucket in hand. In reality, the job of a dairy farmworker involves handling sometimes dangerous fully grown cows, machinery that can lead to injury or death, and long hours in a risky environment. These are some of the reasons why dairy farmworkers fought and won the right to overtime pay after the landmark Washington Supreme Court decision Martinez-Cuevas v. DeRuyter Bros. In the newest issue of Washington State Bar News, Marc Lampson breaks down the court’s decision and provides a detailed history of dairy farming to explain how this battle for overtime pay and worker safety on dairy farms came about.

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Risk Management by the Numbers – New ABA Study on Malpractice Claims

Approximately every four years since 1985, the American Bar Association has published a “Profile of Legal Malpractice Claims.” Plaintiffs’ personal injury and family law are the most frequent source of claims, according to the latest profile. Although the Profile does not correlate the severity of claims by practice area, the Profile’s “anecdotal observations” section suggests that business and commercial law have traditionally been higher-risk areas on this score.

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Alaska Bar Opines on Representing Parties and Witnesses in the Same Case

Should you represent a witness in the same case in which you are representing a party? Mark Fucile examines Alaska Bar Association’s opinion.

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Idaho Supreme Court Allows Fee Disgorgement for Breach of Fiduciary Duty

In a case of first impression, the Idaho Supreme Court recently held that fee disgorgement is available as a remedy against a lawyer for breach of fiduciary duty even if there are no resulting damages.

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Court of Appeals Issues Rare Decision on Revoking Consent to Conflict Waiver

Earlier this year, Division I of the Washington Court of Appeals issued a decision touching on an area of the Rules of Professional Conduct (RPC) that is rarely litigated: revoking consent to conflict waivers. The decision was “unpublished” under General Rule 14.1, but is instructive nonetheless—both for its illumination of this comparatively “unplumbed” area of conflicts law and as an illustration of the result.

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Farewells and Celebrations in the Latest NWLawyer

The WSBA literally would not function without the hundreds upon hundreds of dedicated volunteers who often work behind the scenes to keep the legal profession on a path of progression. Serving selflessly in everything from committees to boards to sections, WSBA volunteers are the propulsive force behind issues that touch the lives of lawyers, LPOs, […]

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Leading Criminal Justice Reform with LEAD in the November NWLawyer

In the November issue of NWLawyer we meet Lisa Daugaard, a 2019 MacArthur fellow who is reforming the criminal justice system. And we take a trip around the world in nine ways with WSBA members sharing their experiences practicing law from the Czech Republic to Nigeria and beyond.

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The Hottest Legal News in the Summer Issue of NWLawyer

From corner to corner, Washington state is a geographic and geologic smorgasbord encompassing densely packed forest and glacial-carved craggy mountain peaks, copper-colored grasslands and scrubby deserts, crushed urban jungles and placid fertile hills. And Washington’s legal community is equally varied in what they love about where they work, from folks looking to escape the perpetually […]

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New WSBA Advisory Opinion on ‘Quadripartite’ Relationships

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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Statewide Electronic Filing is on the Way to Washington Courts

The Administrative Office of the Courts (AOC) will soon begin rolling out a new electronic system for case management and electronic filing (e-filing) for Washington’s district and municipal courts and probation offices. The AOC is trying to spread the word about the e-filing component of its Courts of Limited Jurisdiction Case Management System (CLJ-CMS) project, also known as Odyssey File & Serve (OFS).

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New Marijuana-Related Amendments to Rules of Professional Conduct

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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Oregon Lawyer Disciplined Over Rebuttals of Negative Online Reviews

An Oregon lawyer was recently suspended over the content of his responses to negative online reviews.

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U.S. District Court Highlights Importance of ‘Non-Engagement’ Letters

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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Supreme Court Holds No Double Jeopardy for Lawyer Discipline

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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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’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). […]