Ethics – 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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Heading South: Oregon Allows Temporary Practice Pending Reciprocal Admission

Oregon recently addressed a very practical problem confronting lawyers who are relocating there: can they practice while their reciprocal admission applications are pending? The Oregon Supreme Court in In re Harris, answered “yes”—as long as the lawyer fits within one of the “safe harbors” authorizing temporary practice under Oregon’s version of ABA Model Rule 5.5.

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Plein Redux: Supreme Court Reverses Court of Appeals on Disqualification for Former Client Conflict

Last fall, Division I of the Washington Court of Appeals in Plein v. USAA Casualty Insurance Co. articulated a new—and quite broad—standard on disqualification for former client conflicts. On May 21, the Supreme Court reversed the Court of Appeals in a unanimous opinion that the law firm should not have been disqualified.

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Can You Practice in a New Area of Law During COVID-19?

Several attorneys have asked the WSBA Ethics Line whether they can offer services in areas that are new to them. The primary ethical principle to consider before you offer any service is competence.

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Washington Supreme Court Holds Unauthorized Practice of Law Strict Liability Offense

When lawyers hear the phrase “unauthorized practice,” they usually think of RPC 5.5(a): “A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.” In addition to the professional rule, however, the unauthorized practice of law is also a crime.

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What You Need to Know About the Duty to Self-Report

You probably know that the WSBA Office of Disciplinary Counsel (ODC) investigates and prosecutes legal professionals who violate the ethical rules. What you may not know is that, in some instances, legal professionals must report their own misconduct or other information to ODC.

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Oregon Lawyer Disciplined Over Rebuttals of Negative Online Reviews

An Oregon lawyer was recently suspended over the content of his responses to negative online reviews.

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Laid Off During COVID Crisis: What to do If You’ve Been Let Go

Recently, several legal professionals have called the WSBA Ethics Line to ask about their ethical obligations if they’ve been let go from their job. Here is a snapshot of your ethical obligations any time you leave a firm

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The Ethics of Working Remotely: 4 Relevant RPCs for Washington Legal Professionals

Pursuant to the governor’s orders, many are working remotely. Your ethics obligations remain the same. Here’s a rundown of the basics:

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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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Alaska Bar Opines on Representing Parties and Witnesses in the Same Case

Should you represent a witness in the same case in which you are representing a party? Mark Fucile examines Alaska Bar Association’s opinion.

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State Supreme Court Revisits Elected Prosecutor Conflicts

Ethics Guru Mark Fucile examines a recent Supreme Court ruling that an elected prosecutor’s entire office is disqualified to litigate in cases the prosecutor tried prior to election.

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Idaho Supreme Court Allows Fee Disgorgement for Breach of Fiduciary Duty

In a case of first impression, the Idaho Supreme Court recently held that fee disgorgement is available as a remedy against a lawyer for breach of fiduciary duty even if there are no resulting damages.

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Appeals Court Rejects Application of Corporate Attorney-Client Privilege for ‘Functional Employees’

In the privilege context, “functional employees” are not directly employed by a corporation but are sufficiently integrated into a company’s operations that some federal courts, including the 9th Circuit and Washington’s federal district courts, have concluded that they fall within the corporation’s attorney-client privilege.

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UPDATE: Proposed Ethics CLE Requirements Headed to Supreme Court

A majority of the Supreme Court’s Mandatory Continuing Legal Education Board voted to send a recommendation for a suggested amendment to Admission and Practice Rule 11 to the Board of Governors.

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Court of Appeals: New Standard in Disqualification for Former Client Conflicts

Washington’s Court of Appeals recently issued a significant decision applying a new standard for former client conflicts in the disqualification context.