In 2025, Washington’s legal community emphasized unity around the rule of law, calling for action. The Rule of Law Ambassador Program is engaging future leaders by urging legal professionals to volunteer in schools on Constitution Day 2026, aiming to instill a passion for the law and inspire future democratic leadership.
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Disputes over trust account funds present challenges for lawyers, especially when representing children whose parents paid for their services. Advisory Opinion 202503 provides guidance on managing these funds, emphasizing adherence to Washington State Rules of Professional Conduct. Key duties include maintaining disputed funds in trust and resolving conflicts through communication and legal action when necessary.
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In February, the Oregon State Bar issued Formal Opinion 2026-208, allowing law firms to use autonomous AI for client intake with qualifications. Lawyers must understand and oversee AI interactions to avoid misrepresentation or unintended attorney-client relationships. The opinion stresses lawyer responsibility for accuracy in AI-generated work product.
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The U.S. District Court for Oregon imposed severe sanctions on attorneys and their client in a case involving the use of AI-generated fake citations and quotes in court briefs. The court dismissed the plaintiffs’ claims with prejudice, fined the lead attorney $15,500, and emphasized the importance of verifying citations to avoid misconduct.
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Employers face ongoing challenges in handling discrimination and harassment investigations. Key issues include managing retaliation concerns from witnesses, addressing the presence of represented parties, and ensuring effective communication with impacted employees. Properly conducted investigations are essential to sustain a compliant workplace and prevent costly claims and lawsuits.
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WSBA President Francis Adewale and Executive Director Terra Nevitt issue a call for reunification around what binds legal professionals and our communities. In the brief interview that follows Adewale and Nevitt explain why they wrote their statement on immigration enforcement, what they hope to accomplish alongside other Washington legal professionals, and what all legal professionals can do.
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The “actual innocence” requirement in legal malpractice claims against criminal defense attorneys necessitates plaintiffs to prove they did not commit the crime linked to alleged negligence. Jurisdictions like Washington, Alaska, and Oregon have their variations, complicating malpractice lawsuits. Recent cases reveal nuances that could shape future interpretations and applications of this requirement.
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A recent Advisory Opinion clarifies that a purchasing lawyer cannot use the selling lawyer’s name in their firm name after buying a law practice. This prohibition, rooted in professional conduct rules, aims to prevent misleading communications about lawyers’ affiliations, ensuring transparency and protecting clients’ understanding. Ethical compliance is emphasized.
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The Washington Court of Appeals recently ruled on attorney-client privilege in receivership cases, affirming that a receiver can control a corporation’s privilege. In the Matter of Elcon Corporation, the court held the receiver can compel the production of privileged emails from Elcon, consistent with RCW 7.60.060(1)(c) and bankruptcy precedent.
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A federal district court in Seattle examined malpractice claims against Limited Practice Officers (LPOs) under Washington law. In Sadr v. Oney, the court ruled that while the LPO used approved forms, it was not subject to attorney standards of care, differentiating it from past cases. This decision contributes to limited jurisprudence on LPO malpractice.
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The Washington Court of Appeals upheld the disqualification of a law firm in Day v. Tacoma RV Center due to a conflict of interest arising from a lateral hire. The court found that the cases were nearly identical, emphasizing the necessity of proper screening to prevent such conflicts in legal practice.
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Washington state’s climate and construction practices pose risks for residential structures due to water intrusion, leading to damage and potential collapse. This article outlines defective practices, inspection methods, and insurance policies, emphasizing that property insurance can cover ongoing damage, urging homeowners’ associations to act accordingly when assessing and claiming repairs.
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The federal district court in Seattle recently highlighted a key procedural requirement for most disqualification motions based on asserted former client conflicts: The party bringing the motion must show that they were, in fact, a former client of the lawyer or law firm targeted. Thompson v. Seattle Public Schools, 2025 WL 2654650 (W.D. Wash. Aug. […]
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The Committee on Professional Ethics released Advisory Opinion 202501, addressing confidentiality and conflicts of interest for lawyers representing certified professional guardians. Key issues include lawyers’ obligations to maintain resident confidentiality while advising care facilities and the complexities of simultaneous representation. The opinion emphasizes the challenge of balancing interests in protecting resident rights.
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The WSBA Board of Governors is reviewing the Washington state Oath of Attorney, finding it outdated and convoluted. Following Law Day, a Task Force is being formed to propose updates, aiming to present a revised oath by Law Day 2026. The Task Force will gather input from various legal stakeholders and analyze current practices.
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Over the past generation, law firms have developed internal ethics and risk management structures. Courts recognize attorney-client privilege for internal communications but allow exceptions, like the fiduciary exception, when client interests conflict. A recent Spokane decision clarified that this exception does not apply to post-representation fee disputes, distinguishing it from prior rulings.
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