Consumer Protection – NWSidebar

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What Lawyers Should Know About the Evolution of Estate Planning and Client Expectations

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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How Legal Name Changes Affect the Patent Application Process

There are many reasons why an inventor might undergo a legal name change, whether as part of a marriage or divorce, as part of a gender transition, or out of a desire for a name that better reflects the inventor’s sense of self. Even though name changes are handed through state-level legal procedures, the United States Patent and Trademark Office (USPTO) has specific rules about using legal names that can result in costly delays or even an abandoned or invalidated patent if not followed. With the patent application process often taking several years, consistency of inventor naming and compliance with state-level rules about legal names is important to avoid issues down the road.

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Federal Court Finds No Personal Jurisdiction Over Out-of-State Attorney

The federal district court in Tacoma recently concluded that it did not have personal jurisdiction over a Mississippi attorney and his law firm who handled matters in Louisiana and Virginia for a Washington client. Bullis v. Farrell, 2022 WL 656204 (W.D. Wash. Mar. 4, 2022) (unpublished), involved claims for legal malpractice, breach of fiduciary duty, and violation of the Washington Consumer Protection Act by a Washington resident living in Dupont against a lawyer and his firm officed in Jackson, Mississippi. The claims arose out of lawsuits the lawyer handled for the client in Louisiana and Virginia. Neither of those involved conduct in Washington and the lawyer was not licensed in Washington.

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The Federal Government’s Focus on Debt Collection Post-COVID

When the pandemic began early last year, the government extended aid to families and businesses everywhere. Funding was provided, payments were deferred, and many people were temporarily spared from facing eviction. Now that the workforce is beginning to restabilize, creditors and other institutions that are owed a balance from individuals are pushing harder for repayment. In many places rent moratoriums have expired, allowing landlords the right to evict for nonpayment. Many people are being forced to prioritize payments to bring down either their consumer debt or medical debt, and it is not uncommon for them to prioritize their mortgage or rent payments over a credit card bill.

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What Renters Should Know About Tenant Right to Counsel and Eviction Law in Washington

For more than a year since the COVID-19 pandemic, Washington renters who have been unable to pay their rent have at least been safe from being evicted. As of this writing, bills for that unpaid rent will come due July 1 for tens of thousands of Washingtonians. However, changes to Washington’s landlord-tenant law have created new protections to help people avoid evictions, mediate disputes with landlords, and guarantee that certain renters have free legal representation. On April 22, Gov. Jay Inslee signed into law Senate Bill 5160. Originally sponsored by state Sen. Patty Kuderer, D-Bellevue, the legislation adds a number of tenant protections such as “providing for legal representation in eviction cases, establishing an eviction resolution pilot program for nonpayment of rent cases, and authorizing landlord access to certain rental assistance programs,” according to the final bill report.

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Passing Art to Future Generations

When I think of putting together my will, I think of who will get my stuff. You know, the stuff that is all over the walls, jewelry, or knick knacks and paddy whacks. Curiously, wills do not necessarily contain detailed paragraphs about who will inherit each of these things of ours. Items of this nature, […]

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What Many Still Don’t Know About Domestic Worker Rights in Seattle

n July 2018, the Seattle City Council passed an ordinance granting domestic workers—such as house cleaners, nannies, gardeners, and home attendants—basic worker rights that they have long been excluded from. This municipal ordinance has proven to be a model for other cities and will help shape the future of labor laws on a national scale.

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Eviction Resolution Program Gears Up as Washington’s Eviction Moratorium Nears Expiration

There’s a phrase you’ll hear a lot when you talk to people involved with Washington’s new Eviction Resolution Program (ERP): it’s a win-win-win. It’s a win for landlords who can recoup lost earnings from renters. It’s a win for courts ill equipped to handle what is expected to be an unprecedented crush of unlawful detainer cases (evictions). More than anything, it’s a win for the public, giving vulnerable renters desperately needed support with some of their basic survival needs as the COVID-19 pandemic continues to disrupt daily life.

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ReportFraud.FTC.gov: New Consumer Fraud-Reporting Tool

On Oct. 22, the Federal Trade Commission (FTC) launched ReportFraud.FTC.gov, a new consumer-friendly fraud-reporting portal. Consumers can report anything from government imposter scams to phony weight-loss claims, abusive debt collection, and deceptive auto sales, along with all sorts of unwanted phone calls, text messages, and emails. And the FTC wants to hear about them all! Please help us spread the word and keep Washingtonians safe from scams.

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How to Find a Lawyer Using WSBA’s Legal Directory

Recently, the Washington State Bar Association updated our Legal Directory — a searchable database of every legal professional in the state of Washington—to make it easier to use and with a few expanded features to provide additional information when you’re researching a lawyer. Read on to learn how to use the Legal Directory to find a lawyer and how to access additional resources to get connected with affordable legal help.

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MiChance Dunlap-Gittens’ Ordinance Will Help Protect Kids from Coercive Police Tactics

This new law attempts to protect vulnerable youth by requiring law enforcement to connect a youth to a public defender after the youth has been Mirandized but before the youth waives their right to remain silent or talk to an attorney. Public defender Katie Hurley explains.

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How to Manage a Personal Injury Claim and Bankruptcy

A personal injury claim may or may not be protected if you file for bankruptcy and will depend on several factors discussed below. Often, consumers thinking about filing for bankruptcy have suffered some sort of personal injury or have been involved in an accident. This could be due to a loss of wages or the accumulation of various medical debts.

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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.