Cover of April/May 2021 Bar News depicting a cow

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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Lady Justice

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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Law books and a phrenology head

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 The decision was “unpublished” under General Rule 14.1, but is instructive nonetheless—both for its illumination of this comparatively “unplumbed” area of conflicts law and as an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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Cover of Dec-Jan 2019 NWLawyer

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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Cover of NWLawyer in the grass

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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Illustration of four attorneys

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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Digital law and justice graphic with document, gavel, and scale icons

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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Legal marijuana sign in Seattle's Belltown neighborhood.

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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Illustration of a lawyer flying over a cityscape holding a giant envelope

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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Law books

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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