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Posts from the ‘Case Law Updates’ Category

27
Mar
Worried female psychiatrist speaking to client

Mental Health Professionals Now Subject to Expanding Tort Liability

The Washington Supreme Court recently extended psychiatrists’ duty to people harmed by their client even if the client never mentioned a threat.

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21
Mar
Gavel and scale

Court of Appeals Distinguishes Legal Malpractice and Breach of Fiduciary Duty

Division I of the Court of Appeals in Paulsell v. Gaffney, 2016 WL 7470061 (Wn. App. Dec. 19, 2016) (unpublished), recently underscored the differences between claims for legal malpractice and breach of fiduciary duty that can arise from the same set of facts.

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21
Feb

U.S. District Court Highlights Importance of Defining the Decision-Maker

Abstract depiction of a scale and gavel
A recent U.S. District Court decision highlights why it’s important to define the client decision-maker, especially for small corporations.

Abstract depiction of a scale and gavelA recent decision from the U.S. District Court in Seattle highlights why it’s important to define the client decision-maker, especially when dealing with small, closely held corporations (Kische USA LLC v. Simsek, 2016 WL 7212534, W.D. Wash. Dec. 13, 2016, unpublished). In this case, charges were brought by the owner of a retail clothing firm against two former employees who had left to start a rival apparel business. The suit claimed that one of the employees, identified as the chief executive manager, had transferred a registered trademark from the plaintiff to the new firm. The plaintiff also sued the company’s outside lawyer who had assisted with the transfer for legal malpractice and breach of fiduciary duty. Read more »

20
Dec

The Latest NWLawyer is Out and Packed with Good Reads

Cover of the Dec/Jan NWLawyer
Have you seen the latest NWLawyer? Here’s what’s in the December/January issue. Get a quick read on these features.

Cover of Dec/Jan NWLawyerHave you seen the latest NWLawyer? Here’s what’s in the December/January issue. Get a quick read on these features, or check out the full issue now. Read more »

23
Nov

What to Do When You Can’t Find Your Client

Lost client flyer
What if you can’t contact your client and a deadline is near? Should you act to protect them, even if they can’t be reached?

lost client flyerEvery so often the ethics line takes a call from a member who is worried because they can’t contact their client and a deadline is near. Should they act to protect their client, even if they can’t reach them? What if the statute of limitations is approaching? If they don’t file suit, the client could be extremely prejudiced, but all efforts to contact the client by phone, email and mail brought dead ends. While I can’t give members legal advice, I can walk them through the rules that cover this situation. Read more »