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 Aug. 5, 2024) (unpublished), a law firm was careful not […]
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Your former client wants a copy of their file, but they haven’t paid you your fee. Do you have to give it to them? You’ve already given your client a copy of their file, but now they want it again. Do you have to give it to them one more time? Can you charge for […]
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The Washington Court of Appeals affirmed an order prohibiting a pro se party from contacting a represented opponent in Ryan v. Timmerman. The plaintiff, injured as a minor in a car accident, sued 14 years later as an adult. Despite requests to channel communication through their lawyer, the plaintiff and her father contacted the represented defendants, leading to court sanctions. The Court of Appeals upheld the prohibition on direct contact and the exclusion of the father’s testimony, citing the trial court’s broad case management authority. This case is an unusual application of the court’s inherent case management authority.
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The Alaska Supreme Court recently affirmed the dismissal of claims for legal malpractice and negligence brought by an estate beneficiary against the attorney for a prior personal representative. Guerra v. Wallace, 542 P.3 654 (Alaska 2024), involved a deceased entrepreneur’s estate that had “languished in probate for years.” Eventually, the personal representative was removed and […]
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Estate planning has evolved from a document-centric, standardized practice to a comprehensive, personalized approach. Clients now expect holistic, tailored solutions, open communication, and technology integration. Technology aids in customization, client education, and document automation. Washington attorneys can benefit from tools like Agile Estate Planning to enhance efficiency and client satisfaction.
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When you look at the current state of public defense in the state of Washington—indeed, nationwide—you will encounter words like “crisis,” “languish,” and “collapse.” Specifically, there’s a crisis in our public defense system in which many people are left to languish indefinitely without representation and without a fundamental corrective shift the system itself is under […]
Read More… The federal district court in Portland recently relied on a decision by its counterpart in Seattle to order the return of confidential documents taken by an executive that later surfaced in his subsequent claim against his former employer. In Wickersham v. Eastside Distilling, Inc., __ F. Supp.3d __, 2024 WL 455070 (D. Or. Jan. 25, […]
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On April 23, the Federal Trade Commission (FTC) announced regulations that will prohibit noncompete agreements for many workers across America effective Sept. 4, 2024. While the regulations are set to become effective 120 days after their publication, litigants have challenged the FTC’s authority to enact the regulations. Thus, the effective date may be further delayed, […]
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In reaction to court cases that, in the eyes of lawmakers, interpreted the statute too narrowly, Washington’s Legislature passed a bill this year, SB 5935, to expand the application of the noncompetition statute. As background, prior to amendment, the 2020 law (Chapter 49.62 RCW on Noncompetition Covenants) provides that: The amendments effective June 6, 2024, […]
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In legal malpractice claims, proving that the defendant lawyer caused the plaintiff’s injury is crucial. Courts consider “proximate cause,” examining cause in fact and legal causation. In Flanigan v. Herman, a lawyer’s failure to deliver a case schedule resulted in a dismissed malpractice claim. The Court of Appeals found the link between negligence and injury too remote to hold the lawyer liable.
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Division I of the Washington Court of Appeals recently issued an opinion parsing the difficult intersection of the doctor-patient and attorney-client privileges in medical malpractice cases. In Snyder v. Virginia Mason Medical Center, 2024 WL 419279 (Wn. App. Feb. 5, 2024) (unpublished), the plaintiff alleged medical negligence during surgery at Virginia Mason Medical Center. Virginia […]
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The federal district court in Seattle recently denied a disqualification motion based on the lawyer-witness rule, RPC 3.7. Arrowood Indemnity Company v. Thompson, 2024 WL 115509 (W.D. Wash. Jan. 10, 2024) (unpublished), is a declaratory judgment proceeding in which the plaintiff insurer argues it has no duty to pay a settlement of an underlying claim […]
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In Schmidt v. Coogan, 181 Wn.2d 661, 671, 335 P.3d 424 (2014), the Washington Supreme Court set broad outlines for emotional distress damages as a part of a legal malpractice claim: “We hold that the plaintiff in a legal malpractice case may recover emotional distress damages when significant emotional distress is foreseeable from the sensitive […]
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Public defenders in Washington state are facing a crisis due to excessive workload, inadequate funding, and a shortage of lawyers. Efforts are underway to address these issues, including a study to revise caseload standards, government action, and proposed legislation. The state is also facing a lawsuit for failing to adequately fund public defense. Additional bills seek to attract new lawyers and improve the system.
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