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Posts from the ‘Legal Writing’ Category

7
Aug

Court of Appeals Underscores Significance of Written Fee Agreement

A man and female attorney signing a document
A recent decision by Division I of the Washington Court of Appeals highlights the importance of a written fee agreement.

A man and female attorney signing a documentA recent decision by Division I of the Washington Court of Appeals highlights the importance of a written fee agreement. Davis Wright Tremaine LLP v. Peterson, 2017 WL 1593009 (Wn. App. May 1, 2017) (unpublished), was a fee collection case by a law firm against a client. The law firm had represented the client in commercial litigation before withdrawing. After the underlying case resolved, the law firm sued the client for unpaid fees and related expenses that the law firm had advanced. Read more »

19
Jul

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

books on the table and classes and the bottom shelf
Division I of the Court of Appeals recently discussed implied waiver of the attorney-client privilege when claiming attorney fees as damages.

books on the table and classes and the bottom shelfDivision 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, ___ Wn. App. ___, ___ P.3d ___, 2017 WL 1293482 (2017), 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.The counterclaim defendant sought discovery of billing records relating to the attorney fees and costs claimed. Following an order at the trial court requiring production, the counterclaimant requested — and was granted — discretionary review. At the Court of Appeals, the defendant argued that the counterclaimant had impliedly waived privilege by claiming the attorney fees and associated costs as damages. The counterclaimant, in turn, contended that implied waiver only applied to legal malpractice claims. 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 »