law books

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 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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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 Reiterates No CPA Claims for Asserted Malpractice Alone

Since the Washington Supreme Court’s decision in Short v. Demopolis, 103 Wn.2d 52, 691 P.2d 163 (1984), the business aspects of law practice have been subject to the Consumer Protection Act, RCW Chapter 19.86. The CPA generally prohibits “unfair or deceptive acts or practices” in “trade or commerce” under RCW 19.86.020. Remedies under RCW 19.86.090 […]

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