Consumer Protection – NWSidebar

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Fine Print: Federal District Court Distinguishes Disciplinary and Malpractice Defense in Coverage Decision

Professional liability policies for lawyers and law firms often distinguish between disciplinary and malpractice defense. Some don’t cover disciplinary defense or, if they do, include a much lower coverage limit. A recent decision from the U.S. District Court for the Western District of Washington underscored the practical impact of the distinction between disciplinary and malpractice coverage.

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Disability, History, and Law, Part 2: The ADA, the Internet, and the Next 30 Years

Historically, most accessibility lawsuits concern inaccessible physical public accommodations. In recent years, the Americans With Disabilities Act (ADA)—which was passed 30 years ago this week—has brought the fight for civil rights to the internet.

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Disability, History, and Law, Part 1: Celebrating 30 Years of the ADA

This year marks the 30th anniversary of the ADA. The passage of the ADA was a major milestone in the fight for civil rights of people with disabilities. People with disabilities banded together and forced Congress to pass legislation.

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Eviction Predictions: A Roadmap for Landlord-Tenant Law in Washington

Past experience informs us that the predicted eviction onslaught will more likely be a steady inundation of evictions on the civil dockets. Nonetheless, landlord-tenant practitioners and the courts will be navigating a rapidly evolving area of law. Here’s what you should know.

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Unemployment, Civil Legal Aid, and the COVID-19 Crisis

If the economic shock caused by the COVID-19 pandemic was the earthquake, the mounting claims of unemployment and other legal issues are the coming tsunami.

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Beware of Coronavirus Scams, Says Washington AG

We’ve seen it time and time again: Scammers preying on fear and panic. It’s an old and, sadly, often effective trick. When individuals are emotional, they’re more likely to go against their better judgment.

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Are You Prepared for a Pandemic?

COVID-19, especially in Washington state, poses a threat on the legal profession and the world. We dive into the current circumstances and look at ways to prepare for pandemic.

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Taming the Skies: What’s on the Itinerary for Service Animals and Airlines

Jonathan Ko dives into the USDOT’s recently proposed changes to regulations for service animals on commercial flights. Spoiler: pigs actually wouldn’t fly.

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3 Community Resources Every Elder Law Lawyer and Their Clients Should Know About

When working with clients who have social and economic issues, it’s important to know that you don’t have to navigate solutions alone.

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A New Standard for Overtime in Washington? State Looks to Expand Overtime Eligibility

The Washington Department of Labor & Industries (L&I) recently filed a proposed rule that would dramatically increase the minimum salary required for employees to qualify for the white collar overtime exemptions.

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Prescription Restriction: How Washington is Addressing Opioid Addiction

There is no shortage of alarming statistics when it comes to opioids. More people died from opioid overdoses in 2017, two per day, in Washington than in traffic fatalities.

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A Short Guide to Workplace Medical Leave Laws

If you are a lawyer practicing with small-to-large businesses and corporations, you should know something about employment-related medical leave laws. Federal, state, and municipal laws apply to your business clients and employees. Some laws apply to almost every employer and some to just larger employers.

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Navigating Inherent Bias in Social Security Law

In a perfect world, there’d be less need for the safety nets of Social Security, and no one who warranted disability would be denied because of administrative or subjective biases. This world isn’t perfect, though, and biases exist to the point where a whole industry has been formed to get unduly denied and disabled Americans […]

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Court of Appeals Rules on Authority of Insurance Defense Counsel

Division II of the Court of Appeals recently addressed the authority of insurance defense counsel in an unusual scenario: where defense counsel had no contact with the insured throughout the course of the litigation involved. Kruger-Willis v. Hoffenburg, 198 Wn. App. 408, 393 P.3d 844 (2017), arose out of an automobile accident. The defendant drove […]

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Court of Appeals Discusses Lawyer Web Advertising under the Consumer Protection Act

Since Short v. Demopolis, 103 Wn.2d 52, 691 P.2d 163 (1984), the business aspects of law practice have been subject to the Washington Consumer Protection Act. RCW 19.86.020 prohibits “[u]nfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce[.]” RCW 19.86.090, in turn, creates a private […]

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Watch Out for Scams Spoofing or Targeting Attorneys

Recently, the WSBA has received several reports of scams either “spoofing” (pretending to be, or be from attorneys) or targeting attorneys. Some scams use an attorney’s or firm’s identity to extort money from victims, while others are sending ransomware directly to the attorneys.