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.
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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.
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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.
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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.
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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.
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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 Mar. 3, 2025) (unpublished), involved, in relevant part, a malpractice claim against a criminal defendant’s former attorneys […]
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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.
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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.
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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.
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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 […]
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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 […]
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The Washington State Bar Association is launching a new demographic study to enhance diversity, equity, and inclusion within the legal profession, following a previous study conducted twelve years ago. The Bar wants your feedback on the draft Equity and Justice Plan. Additionally, the November issue of Bar News magazine covers generative AI’s impact on law.
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The Washington Court of Appeals affirmed the dismissal of a legal malpractice claim due to its being time-barred in Wood v. Dunn & Black. The court underscored that a client’s criticism of a law firm can trigger the statute of limitation, emphasizing that assertions made in a letter initiated the three-year clock for filing a claim.
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A federal district court in Seattle ordered a lawyer to release a client’s file following a motion to compel. The court emphasized that under Washington RPC 1.16(d), the file belongs to the client, not the lawyer. The ruling reinforced WSBA advisory opinions regarding file transition obligations when a lawyer withdraws. The lawyer must comply within five days.
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Retired attorney Michael Goldenkranz reflects on his maternal grandfather’s significant role in securing rights for union members, despite suffering personal and professional repercussions. Facing corruption within the painters’ union, he risked his livelihood and physical safety to confront the financial wrongdoing. His legal battle set a precedent for challenging union officials, leaving a lasting impact.
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Knowing when to withdraw is often a difficult exercise. A recent decision by Division I of the Washington Court of Appeals in Seattle, however, underscored the risks of waiting too long. In Atlas Debt Holdings, LLC v. Seafood Express, LLC, 2024 WL 3650246 (Wn. App. Aug. 5, 2024) (unpublished), a law firm was careful not […]
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