Ethics – NWSidebar

by NWSidebar

Risk Management by the Numbers: New ABA Study on Malpractice Claims

Approximately every four years since 1985, the American Bar Association has published a “Profile of Legal Malpractice Claims.” Plaintiffs’ personal injury and family law are the most frequent source of claims, according to the latest profile. Although the Profile does not correlate the severity of claims by practice area, the Profile’s “anecdotal observations” section suggests that business and commercial law have traditionally been higher-risk areas on this score.

by NWSidebar

Tracy Chapman v. Nicki Minaj: Commercial Purposes Can be Fair Use, but Minaj May be ‘Sorry’

Tracy Chapman recently sued Nicki Minaj for copyright infringement, after Minaj sampled part of a Chapman song. Minaj won a partial summary judgement motion on fair use grounds. A win for Nicki Minaj? Not so fast…

by NWSidebar

I Dissent: The Legacy of Justice Ruth Bader Ginsburg

Perhaps the most impactful of Justice Ruth Bader Ginsburg’s famous dissents came in a case about gender pay inequity in the workplace: Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007). Plaintiff Lilly Ledbetter began working as a supervisor at the Goodyear Tire plant in Gadsen, Alabama, in 1979. She worked there for 19 years and for most of that time was the only woman manager.

by NWSidebar

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.

by NWSidebar

The Green Hats at the Protests: National Lawyers Guild Legal Observers

Perhaps you’ve seen us at a march or rally, or wandering around the former Capitol Hill Occupied Protest (CHOP). You can’t miss the green hats; they’re the brightly colored beacons that let everyone know who we are and why we are there. Or perhaps you heard about us in the news after we, too, were subjected to the police’s use of blast balls and pepper spray. We are National Lawyers Guild legal observers.

by NWSidebar

Mandatory Equity and Anti-Bias Training on the Table Again

Six months after an unsuccessful effort to incorporate new mandatory subject areas within the ethics education requirements for Washington legal professionals, the Washington Supreme Court MCLE Board has suggested a similar but more narrowly focused amendment that is so far being viewed more favorably by WSBA members.

by NWSidebar

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.

by NWSidebar

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.

by NWSidebar

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.

by NWSidebar

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.

by NWSidebar

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.

by NWSidebar

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.

by NWSidebar

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.

by NWSidebar

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

by NWSidebar

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:

by NWSidebar

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.