The Washington Court of Appeals recently ruled on attorney-client privilege in receivership cases, affirming that a receiver can control a corporation’s privilege. In the Matter of Elcon Corporation, the court held the receiver can compel the production of privileged emails from Elcon, consistent with RCW 7.60.060(1)(c) and bankruptcy precedent.
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Estate plans are often drafted years, or even decades, before they take effect. During that time, a beneficiary’s life and circumstances can change dramatically and so estate planning drafting must be flexible. Someone who was once fully capable of managing an inheritance may later face cognitive decline, disability, or another form of incapacity. Without built-in […]
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The Washington Court of Appeals upheld the disqualification of a law firm in Day v. Tacoma RV Center due to a conflict of interest arising from a lateral hire. The court found that the cases were nearly identical, emphasizing the necessity of proper screening to prevent such conflicts in legal practice.
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The federal district court in Seattle recently highlighted a key procedural requirement for most disqualification motions based on asserted former client conflicts: The party bringing the motion must show that they were, in fact, a former client of the lawyer or law firm targeted. Thompson v. Seattle Public Schools, 2025 WL 2654650 (W.D. Wash. Aug. […]
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Over the past generation, law firms have developed internal ethics and risk management structures. Courts recognize attorney-client privilege for internal communications but allow exceptions, like the fiduciary exception, when client interests conflict. A recent Spokane decision clarified that this exception does not apply to post-representation fee disputes, distinguishing it from prior rulings.
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The Washington Court of Appeals recently upheld the litigation privilege in Valve Corporation v. Bucher Law, allowing law firms to dismiss claims of tortious interference and abuse of process after representing clients against Valve. The court found the firms’ communications were related to judicial proceedings and addressed matters of public concern under UPEPA.
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The Alaska Supreme Court recently affirmed the dismissal of claims for legal malpractice and negligence brought by an estate beneficiary against the attorney for a prior personal representative. Guerra v. Wallace, 542 P.3 654 (Alaska 2024), involved a deceased entrepreneur’s estate that had “languished in probate for years.” Eventually, the personal representative was removed and […]
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Estate planning has evolved from a document-centric, standardized practice to a comprehensive, personalized approach. Clients now expect holistic, tailored solutions, open communication, and technology integration. Technology aids in customization, client education, and document automation. Washington attorneys can benefit from tools like Agile Estate Planning to enhance efficiency and client satisfaction.
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In reaction to court cases that, in the eyes of lawmakers, interpreted the statute too narrowly, Washington’s Legislature passed a bill this year, SB 5935, to expand the application of the noncompetition statute. As background, prior to amendment, the 2020 law (Chapter 49.62 RCW on Noncompetition Covenants) provides that: The amendments effective June 6, 2024, […]
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The federal district court in Seattle recently denied a disqualification motion based on the lawyer-witness rule, RPC 3.7. Arrowood Indemnity Company v. Thompson, 2024 WL 115509 (W.D. Wash. Jan. 10, 2024) (unpublished), is a declaratory judgment proceeding in which the plaintiff insurer argues it has no duty to pay a settlement of an underlying claim […]
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Whether home ownership is divided by a court or agreed to in settlement, the decision over how to assign its value and divide the dollars is not the only consideration that matters. Post-divorce, there are often problems that could have been assessed and possibly dealt with earlier. Settlements and court orders can include instructions and […]
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Division I of the Washington Court of Appeals recently relied on a law firm’s “end of engagement” letter to a former client in dismissing a claim by the former client against the firm as time-barred. The law firm in Lagow v. Hagens Berman Sobol Shapiro LLP, 2023 WL 7490078 (Wn. App. Nov. 13, 2023) (unpublished), […]
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In a case of first impression in Washington, Division I of the Court of Appeals recently found that a separation clause in a law firm employment agreement—allocating fees in cases handled at the firm but collected after a lawyer-employee left—did not constitute an impermissible non-compete under RPC 5.6(a).
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The federal district court in Seattle recently issued a rare decision disqualifying in-house counsel from participating in a case that involved the lawyer’s corporate employer. Docklight Brands, Inc. v. Tilray, Inc. and High Park Holdings, Ltd., 2023 WL 5279309 (W.D. Wash. Aug. 16, 2023), is a dispute over a licensing agreement. The litigants were formerly related affiliates within the same overall corporate group before a restructuring split the plaintiff from the defendants. Although separated, they later entered into the licensing agreement that became the focal point of the litigation.
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“Welcome to my rabbit hole, Colin,” Ali Hohman said, “where dreams go to die.” Hohman is mostly joking—mostly. She’s the director of legal services for the Washington Defender Association (WDA), where much of her recent work has been focused on issues arising from the Washington Supreme Court’s earth-shattering decision in State v. Blake. In 2021, a court majority ruled that Washington’s strict liability drug possession statute is unconstitutional. That ruling was like dropping a thermonuclear bomb on almost a half-century of felony drug policy. It immediately prompted hurried statements from law enforcement agencies, a stop-gap measure by the Legislature in 2021, and a renewed legislative correction earlier this year that required a special session to finalize.
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In late June, Division I of the Washington Court of Appeals issued a comparatively rare decision on the “litigation privilege.”
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