Skip to content

Posts from the ‘Legal Writing’ Category

19
Jul
books on the table and glasses

Court of Appeals Discusses Implied Waiver of Privilege When Claiming Attorney Fees as Damages

Division I of the Court of Appeals recently discussed implied waiver of the attorney-client privilege when claiming attorney fees as damages. Bellevue Farm Owners Association v. Stevens was on discretionary review. The underlying litigation involved the development of waterfront property and included a counterclaim for abuse of process. The damages asserted under the counterclaim were solely attorney fees and related costs. Read more
10
Jul

The Sun Is (Finally) Out and so Is the Summer Issue of NWLawyer!

Cover of NWLawyer
In the July/August NWLawyer, read how Washington’s first marijuana receivership was able to reach a successful conclusion thanks to an alternative procedure provided by Washington law.

Cover of NWLawyerMarijuana’s illegal status under federal law means no bankruptcy protection for these businesses. In the July/August NWLawyer, read how Washington’s first marijuana receivership was able to reach a successful conclusion thanks to an alternative procedure provided by Washington law. Read more »

7
Jul

Knowing When to Go: Court of Appeals Affirms Sanctions Against Lawyer for Continuing After Disqualification

Young attorney walking away down a lonely road.
An appeals court recently affirmed sanctions against a lawyer, who continued to participate in the case after being disqualified.

Young attorney walking away down a lonely road.Division III of the Washington Court of Appeals recently affirmed sanctions against a lawyer in an unusual scenario: the lawyer continued to participate in the case after being disqualified. Read more »

21
Mar

Court of Appeals Distinguishes Legal Malpractice and Breach of Fiduciary Duty

Gavel and scale
An appeals court recently underscored differences between legal malpractice and breach of fiduciary duty arising from the same facts.

Gavel and scaleDivision I of the Court of Appeals in Paulsell v. Gaffney, 2016 WL 7470061 (Wn. App. Dec. 19, 2016) (unpublished), recently underscored the differences between claims for legal malpractice and breach of fiduciary duty that can arise from the same set of facts. Read more »

21
Feb

U.S. District Court Highlights Importance of Defining the Decision-Maker

Abstract depiction of a scale and gavel
A recent U.S. District Court decision highlights why it’s important to define the client decision-maker, especially for small corporations.

Abstract depiction of a scale and gavelA recent decision from the U.S. District Court in Seattle highlights why it’s important to define the client decision-maker, especially when dealing with small, closely held corporations (Kische USA LLC v. Simsek, 2016 WL 7212534, W.D. Wash. Dec. 13, 2016, unpublished). In this case, charges were brought by the owner of a retail clothing firm against two former employees who had left to start a rival apparel business. The suit claimed that one of the employees, identified as the chief executive manager, had transferred a registered trademark from the plaintiff to the new firm. The plaintiff also sued the company’s outside lawyer who had assisted with the transfer for legal malpractice and breach of fiduciary duty. Read more »