Consumer Protection

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

In April, I was invited to speak to Washington State Bar Association members on the community resources offered by Area Agencies on Aging. (If you missed it, you can watch the Elder Law Spring CLE here.) When working with clients who have social and economic issues, it’s important to know that you don’t have to […]

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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” (executive, administrative, and professional) overtime exemptions. If and when it is fully implemented by 2026, the rule will directly affect 250,000 Washington workers, according to L&I […]

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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.

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Court of Appeals Reiterates No CPA Claims for Asserted Malpractice Alone

Since the Washington Supreme Court’s decision in Short v. Demopolis, 103 Wn.2d 52, 691 P.2d 163 (1984), the business aspects of law practice have been subject to the Consumer Protection Act, RCW Chapter 19.86. The CPA generally prohibits “unfair or deceptive acts or practices” in “trade or commerce” under RCW 19.86.020. Remedies under RCW 19.86.090 […]

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Is Your Cellphone Subject to Public Records Act Disclosure?

The Washington Supreme Court on Aug. 17, 2015, issued its ruling in Nissen v. Pierce County, which ruled that the personal cellphone of a public employee, if used to conduct public business, is now subject to disclosure under the state’s Public Records Act.