Legal Writing – Page 2

What’s in the November 2016 NWLawyer?

We’re excited to present the November 2016 issue of NWLawyer — our first-ever criminal law issue! Check out a few of our feature stories below or read the full issue online.

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Court of Appeals Discusses Arbitration of Legal Malpractice Claims

Division I of the Court of Appeals recently discussed arbitration of legal malpractice claims in Butler v. Thomsen, 2016 WL 4524244 (Wn. App. Aug. 29, 2016) (unpublished). The facts in Butler were unusual. A lawyer had negotiated the settlement of a minority shareholder “squeeze out” case involving a closely held high-tech company. The settlement agreement […]

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Court of Appeals Outlines Standards for Implied Waiver of Attorney-Client Privilege in Settlement Reasonableness Hearings

Division II of the Court of Appeals recently outlined the standards for implied waiver of the attorney-client privilege in the context of settlement “reasonableness” hearings under RCW 4.22.060. In Steel v. Philadelphia Indemnity Insurance Co. WL 4001431 (July 26, 2016), the parents of children who had been abused at a day care center sued the center […]

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What’s in the October Issue of NWLawyer?

Meet your new president, president-elect, and governors in the October 2016 issue of NWLawyer! Take a look at the featured articles below or read the full issue online.

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What’s in the September 2016 Issue of NWLawyer

September means “back to school,” and the September 2016 issue of NWLawyer includes some great stories about legal education. Take a look at the stories below or read the full issue online.

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Supreme Court Reaffirms ‘Actual Innocence’ Requirement for Criminal-Case Malpractice Claims

The Washington Supreme Court recently reaffirmed the requirement that a plaintiff in a legal malpractice claim arising from a criminal case prove that the plaintiff was actually innocent of the crime involved. The “actual innocence” requirement presents a high bar for claimants because, as the Supreme Court explained in Ang v. Martin, 154 Wn.2d 477, […]

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Court of Appeals Holds that Fee Rules Don’t Apply to In-House Counsel’s Wages

Division I of the Court of Appeals recently held that the rules governing lawyer fees do not apply to an in-house counsel’s wages. The case, Chism v. Tri-State Const., Inc., 193 Wn. App. 818, 374 P.3d 193 (2016), involved a wage claim by a former in-house general counsel against his former corporate employer.

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Court of Appeals Discusses Lawyer Web Advertising under the Consumer Protection Act

Since Short v. Demopolis, 103 Wn.2d 52, 691 P.2d 163 (1984), the business aspects of law practice have been subject to the Washington Consumer Protection Act. RCW 19.86.020 prohibits “[u]nfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce[.]” RCW 19.86.090, in turn, creates a private […]

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What’s in the July/August Issue of NWLawyer

Need some summer reading? The July/August 2016 double issue of NWLawyer is packed with articles on national parks, lawyer hobbies, and more — and it’s arriving in your mailbox soon. Check out some of our feature stories below or read the full issue online.

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Court of Appeals Addresses Insurance Defense Conflicts in Reservation of Rights Context

Division II of the Court of Appeals recently addressed conflicts when an insurance defense counsel is representing an insured in a reservation of rights case. The plaintiffs in Arden v. Forsberg & Umlauf, P.S., ___ Wn. App. ___, ___ P.3d ___, 2016 WL 2647685 (May 3, 2016), asserted that the defendant law firm had a […]

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U.S. District Court Disqualification Case Highlights Importance of Engagement Agreements

A recent disqualification decision by the federal district court in Seattle highlights the importance of engagement agreements — and the problems that can occur if a law firm doesn’t have one.

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State Law Revision Intends to Help Juvenile Offenders with Mental Issues and Addiction

On Feb. 17, 2016, the Washington State Legislature changed the laws relating to community supervision in juvenile court to address the needs of juveniles who need more extensive mental health and/or chemical dependency treatment (see House Bill 2746). Prior to the amendment, a juvenile sentence of community supervision included only community-based supervision. It was changed to […]

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Court of Appeals Discusses Interplay Between RPC 1.16 and CR 71 on Withdrawal

Division III of the Court of Appeals recently addressed the interplay between RPC 1.16 and CR 71 on withdrawal in Schibel v. Eymann, ___ Wn. App. ___, ___ P.3d ___, 2016 WL 1639567 (Apr. 26, 2016). Schibel is a legal malpractice case that grew out of commercial lease and related mold exposure litigation. Disagreements over […]

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Friday 5: Lawyers’ Favorite Law Blogs

A while back, we talked about legal podcasts that lawyers love. This time, we’re ranking the top law blogs.

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Do You Need an Expert for a Legal Malpractice Case? Yes, No and Maybe So

Division III of the Court of Appeals recently addressed the question of whether a claimant needs expert testimony to avoid summary judgment in a legal malpractice case. In Slack v. Luke, 2016 WL 917310, ___ P.3d ___ (Wn. App. Mar. 10, 2016), the plaintiff alleged that her lawyer had not timely filed an employment claim. […]

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What’s in the April/May NWLawyer

The April/May 2016 issue of NWLawyer is in your mail stack, and we’ve packed plenty of great articles into this double issue!