Legal scale in an empty courtroom, black and white photo.

Court of Appeals Discusses Elected Prosecutor Conflicts

Division III of the Washington State Court of Appeals recently, in a split decision, drew from a 1988 death penalty case to refine the determination for when a prosecutor’s client conflict might extend to the office as a whole. State v. Nickels, ___ Wn. App. 2d___, 434 P.3d 535, 2019 WL 479494 (Feb. 7, 2019) […]

Read More…
Marionettes on video screen

‘Deepfakes’: A New Challenge for Trial Courts

The following was excerpted from an article that will appear in a future issue of NWLawyer. The author was also recently interviewed for the “What’s Next” newsletter on LAW.COM, which you can read here. The client shows his lawyer a video he says he took on his cell phone. It shows the defendant saying things […]

Read More…
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 […]

Read More…
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, […]

Read More…
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 […]

Read More…