Law books

Supreme Court Holds No Double Jeopardy for Lawyer Discipline

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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Confirming When Representation Begins Matters

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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Court of Appeals: Claiming Attorney Fees as Damages Waives Privilege

Attorney-client privilege is waived when claiming attorney fees for the work involved as damages, a Court of Appeals rules. Division I of the Washington Court of Appeals held recently that the attorney-client privilege is waived when claiming attorney fees for the work involved as damages in a subsequent legal malpractice case. Leen v. Defoe, 2018 […]

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Client Confidentiality When Withdrawing – How to Avoid a Catch 22

Lawyers sometimes call the WSBA Ethics Line asking how they can file a motion to withdraw and also maintain client confidentiality. Lawyers sometimes call the WSBA Ethics Line (800-945-9722, ext. 8282) asking how they can file a motion to withdraw and also maintain client confidentiality. Fortunately, there’s a 2017 Advisory Opinion that walks you through […]

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Supreme Court Approves RPC Amendments on Imputed Conflicts

The Supreme Court recently approved Rules of Professional Conduct amendments addressing imputed conflicts for public defenders. The Washington Supreme Court recently approved a package of related Rules of Professional Conduct (RPC) amendments addressing imputed conflicts for public defenders. “Imputed” conflicts are those shared by all law practitioners working in a single firm. Some public defenders […]

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New WSBA Advisory Opinion on Withdrawal

WSBA’s Committee on Professional Ethics recently released an advisory opinion on withdrawal issues in for public court proceedings.   The Washington State Bar Association’s Committee on Professional Ethics recently released an advisory opinion surveying withdrawal issues in the context of public court proceedings. Advisory Opinion 201701 primarily addresses what you can — and can’t — […]

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Cover of NWLawyer September 2017

It’s Here: The September Issue of NWLawyer

Inside the latest issue of NWLawyer, you’ll find: cross-examination tips from one of the state’s leading trial lawyers; an in-depth look at the use of police body-worn cameras in Washington; and an exploration of mandatory malpractice insurance. You can also take our 11-question quiz to test your knowledge on gender barriers. See how much you […]

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Court of Appeals Rules on Authority of Insurance Defense Counsel

Division II of the Court of Appeals recently addressed the authority of insurance defense counsel in an unusual scenario: where defense counsel had no contact with the insured throughout the course of the litigation involved. Kruger-Willis v. Hoffenburg, 198 Wn. App. 408, 393 P.3d 844 (2017), arose out of an automobile accident. The defendant drove […]

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Responding to Negative Online Reviews

The internet and social media are a part of most attorneys’ practices, whether they’ve chosen an aggressive online presence or not. Along with marketing their practice and maintaining their digital presence, attorneys may find themselves facing a negative internet review. Sometimes they call the WSBA Ethics Line (800-945-9722 ext. 8284) asking for guidance on whether […]

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My Pride Is More Important than Ever

By the time this gets published, LGBT Pride month will be coming to a close or have already ended, but I thought I would share a few thoughts about it anyway. Prior to my job here at WSBA, I worked on several college campuses, leading LGBT centers. Often I was asked why it was necessary […]

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