Division III of the Washington State Court of Appeals recently, in a split decision, drew from a 1988 death penalty case to refine the determination for when a prosecutor’s client conflict might extend to the office as a whole. State v. Nickels, ___ Wn. App. 2d___, 434 P.3d 535, 2019 WL 479494 (Feb. 7, 2019) […]
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The WSBA Committee on Professional Ethics recently released a new advisory opinion No. 201803 to address the contours of contacting government employees under Washington Rule of Professional Conduct 4.2. The rule generally prohibits communication with a person whom the contacting lawyer “knows to be represented by another lawyer in the matter[.]” Under Wright v. Group […]
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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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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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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, […]
Read More… 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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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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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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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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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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