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. […]
Read More…
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.
Read More…
The WSBA Board of Governors is reviewing the Washington state Oath of Attorney, finding it outdated and convoluted.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.
Read More…
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.
Read More…
Luigi Mangione. Sean “Diddy” Combs. Mike Lindell. Some names are so notorious that media attention is a given. But what about those cases you didn’t expect to go viral and then turn into an all-out media circus by surprise? Many a lawyer has had a case dropped in their lap that blows up in the […]
Read More…
The Washington Court of Appeals recently upheld the litigation privilege in Valve Corporation v. Bucher Law, allowing law firms to dismiss claims of tortious interference and abuse of process after representing clients against Valve. The court found the firms’ communications were related to judicial proceedings and addressed matters of public concern under UPEPA.
Read More…
The Washington Court of Appeals ruled that a law firm acting as a debt collection agency is not protected by the litigation privilege. In Tavaglione v. Dehkhoda & Qadri, the court found the firm could be sued for violations of the Washington Collection Agency Act, as its primary function was debt collection rather than legal representation.
Read More…
The Alaska Bar Association’s Ethics Opinion 2025-1 discusses the use of AI in law practice, emphasizing competence, confidentiality, and billing. It highlights risks associated with AI prompts that may reveal client information, urging lawyers to use closed systems or anonymize prompts when employing AI. Confidentiality remains a critical concern.
Read More…
The Washington Court of Appeals ruled in Snyder v. Virginia Mason Medical Center on the limits of doctor-patient and attorney-client privileges in medical malpractice cases. The court determined that former employee-doctors cannot be contacted ex parte by defense counsel, requiring that interviews involve the plaintiff’s lawyer or be conducted as depositions.
Read More…
The Alaska Supreme Court has established the “continuous representation” rule, which tolls the statute of limitations for legal malpractice claims while a lawyer continues to represent the client. This decision, stemming from Sheldon-Lee v. Birch Horton Bittner, Inc., allows clients to address concerns without risking future claims and encourages lawyers to rectify issues.
Read More…
The federal court in Tacoma recently surveyed the “actual innocence” requirement for legal malpractice claims arising from criminal cases and a related exception to that rule. Neaman v. Washington State Department of Corrections, 2025 WL 672642 (W.D. Wash. Mar. 3, 2025) (unpublished), involved, in relevant part, a malpractice claim against a criminal defendant’s former attorneys […]
Read More…
The Oregon State Bar’s ethics opinion, OSB Formal Opinion 2005-205, aligns with ABA Formal Opinion 512 on artificial intelligence in law. It emphasizes competence and confidentiality, advising lawyers to understand AI tools and their contractual confidentiality assurances. Both opinions provide timely guidance amid evolving technology in legal practice.
Read More…
In May 2020, the WSBA identified needs for rural legal practitioners, leading to the 2024 STAR Council pilot program offering grants to law students for internships in rural areas. It aims to address the legal services gap. The latest Bar News features insights from interns in rural law, legislative updates, and ethical analyses.
Read More…
Under ABA Model Rule 1.16(d), lawyers must surrender client papers upon withdrawal, but the definition of “papers and property” is unclear. Following this ambiguity, states have generally adopted two approaches: the “entire file” approach, which requires lawyers to provide all materials, and the “end product” approach, limiting it to final products. Effective March 3, 2025, Idaho implemented the “entire file” approach with RPC 1.16A, detailing materials to be provided and allowing lawyers to charge for copying and delivery.
Read More…
Chances are, as a land dweller, you haven’t given much thought to the laws of the high seas. Maybe you’ve stumbled across the subject of maritime law in your time in the legal profession or merely found yourself curious about the ins and outs of the law when aquatic matters are involved. Whatever you know […]
Read More…
The 21st century is almost one-quarter complete. When the calendar switches over and 2024 moves aside for 2025, it’s hard not to think about where we were 25 years ago. Back then we were worried about Y2K and a technological apocalypse; today our lives have been infiltrated by artificial intelligence. Then we were raising the […]
Read More…