Ethics – NWSidebar

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 […]

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3 Questions We Frequently Answer on the Ethics Line

At the WSBA Ethics Line, we take calls all the time. Have you ever needed to hash out a sticky conflicts situation? Ever felt unsettled by your client’s behavior or unsure how to handle something confidentially? If so, you’re not alone. Here are three common questions we receive as well as a few tips we […]

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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, […]

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Demystifying the Qui Tam Process

There’s No Such Thing as an Average False Claims Case Defendants in qui tam lawsuits—in which a whistleblower accuses someone, usually a corporation, of fraud against the government—often don’t realize they’ve been targeted until months, or sometimes years, past the original filing date. This is deliberate: The federal False Claims Act (FCA) requires whistleblowers to […]

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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 […]

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Confirming When Representation Begins Matters

A recent decision by Division III of the Washington Court of Appeals illustrates the importance of confirming whether or not you have taken on a client at an initial meeting. Fechner v. Volyn, ___ Wn. App. ___, 418 P.3d 120, 2018 WL 2307703 (May 22, 2018), was painted against the backdrop of a medical malpractice […]

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When Opposing Counsel Goes Dark—Can You Communicate Directly With the Adverse Party?

I have taken multiple calls at the WSBA Ethics Line from attorneys who feel stymied because opposing counsel isn’t responding and hasn’t terminated their attorney-client relationship. In one instance, the caller said the opposing party wanted to work directly with him, but the caller could not get confirmation from opposing counsel that contact was permitted.

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Appeals Court Considers Prosecutor’s Subpoena for Letter Held by Former Defense Counsel

Ethics guru Mark Fucile analyzes a Court of Appeals decision to overturn a lower court’s ruling for contempt against a defendant’s former counsel. Division I of the Washington Court of Appeals recently addressed a subpoena duces tecum to former counsel in State v. Rogers, ___ Wn. App. ___, 414 P.3d 1143, 2018 WL 1602957 (2018). […]

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Oh, Those Dreaded Words: ‘Can I Get Your Advice on Something?’

Just as I lifted the fork to my open mouth, I heard the words that every attorney dreads most: “Can I get your advice on something?” When it comes to Thanksgiving mac and cheese, my mother is basically Marie Curie. Four cheeses, added at four different times, melted at four different temperatures until the crispy […]

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Court of Appeals: Claiming Attorney Fees as Damages Waives Privilege

Attorney-client privilege is waived when claiming attorney fees for the work involved as damages, a Court of Appeals rules. Division I of the Washington Court of Appeals held recently that the attorney-client privilege is waived when claiming attorney fees for the work involved as damages in a subsequent legal malpractice case. Leen v. Defoe, 2018 […]