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Posts from the ‘Legal Writing’ Category

30
Apr

When an Arm is a Gun, and More, in the April/May NWLawyer

NWLawyer cover
What’s in a name? If it’s in a courtroom setting, everything.

NWLawyer coverWhat’s in a name? If it’s in a courtroom setting, everything. In the April-May issue of NWLawyer, we look at the pivotal nuances involved in courtroom language interpretation and the three critical steps attorneys can take to make sure nothing is lost in translation. Read more »

23
Mar

Court of Appeals Interprets ‘Proceeds’ Attached by Attorney Lien in Dissolution Case

Gavel and Benjamins

Division I of the Washington Court of Appeals recently interpreted the term “proceeds” to which an attorney lien attached in a dissolution case. Matter of Marriage of Shulikov, 2017 WL 3476783 (Wn. App. Aug. 14, 2017) (unpublished), involved a dissolution case that had settled in trial court. The resolution involved payments of maintenance and child support by the husband to the wife and a separate property settlement under which the husband made monthly payments to the wife for her share of the couple’s business. The wife’s attorney withdrew following the resolution and filed a lien for fees. In light of the lien, the husband paid the amounts due under the property settlement into the court. Represented by new counsel, the wife challenged her former lawyer’s lien over the funds the husband had deposited into the court.

The trial court concluded that the funds involved were not subject to the lien. The Court of Appeals, however, concluded that the property settlement funds were “proceeds” capable of being attached by the lien and reversed.

Gavel and BenjaminsDivision I of the Washington Court of Appeals recently interpreted the term “proceeds” to which an attorney lien attached in a dissolution case. Matter of Marriage of Shulikov, 2017 WL 3476783 (Wn. App. Aug. 14, 2017) (unpublished), involved a dissolution case that had settled in trial court. The resolution involved payments of maintenance and child support by the husband to the wife and a separate property settlement under which the husband made monthly payments to the wife for her share of the couple’s business. The wife’s attorney withdrew following the resolution and filed a lien for fees. In light of the lien, the husband paid the amounts due under the property settlement into the court. Represented by new counsel, the wife challenged her former lawyer’s lien over the funds the husband had deposited into the court.

The trial court concluded that the funds involved were not subject to the lien. The Court of Appeals, however, concluded that the property settlement funds were “proceeds” capable of being attached by the lien and reversed. Read more »

12
Jan

New WSBA Advisory Opinion on Withdrawal

justice
WSBA’s Committee on Professional Ethics recently released an advisory opinion on withdrawal issues in for public court proceedings.

justice

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 — say in public court papers and related public proceedings. In doing so, the opinion analyzes the sensitive intersection between the withdrawal rule — RPC 1.16 — and the confidentiality rule — RPC 1.6. Read more »

19
Dec

Setting the Bar Greener

A man, on the way to work, carrying bicycle beside a modern office building.

A man, on the way to work, carrying bicycle beside a modern office building.As chair of the Business Law Section’s Communications Committee at the Washington Bar Association, I recently edited the first Business Law newsletter edition focused entirely on issues of sustainability and climate change tailored to the interests of Washington business attorneys. Read more »

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 »