On the Docket – Page 3 – NWSidebar

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New Ethics Advisory Opinion on Representing Certified Professional Guardians

The Committee on Professional Ethics released Advisory Opinion 202501, addressing confidentiality and conflicts of interest for lawyers representing certified professional guardians. Key issues include lawyers’ obligations to maintain resident confidentiality while advising care facilities and the complexities of simultaneous representation. The opinion emphasizes the challenge of balancing interests in protecting resident rights.

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UW Students Launch New Moot Court for Undergrads

In 2024, a group of students at the University of Washington saw an opportunity to fill a need by creating a moot court program for undergraduate students. The Husky Moot Court (HMC) today has about a dozen members and two coaches from the UW School of Law. They are a member of the American Moot […]

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WSBA Creates Oath Review & Drafting Task Force

The WSBA Board of Governors is reviewing the Washington state Oath of Attorney, finding it outdated and convoluted. Following Law Day, a Task Force is being formed to propose updates, aiming to present a revised oath by Law Day 2026. The Task Force will gather input from various legal stakeholders and analyze current practices.

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Federal Court Clarifies Fiduciary Exception and Internal Law Firm Privilege

Over the past generation, law firms have developed internal ethics and risk management structures. Courts recognize attorney-client privilege for internal communications but allow exceptions, like the fiduciary exception, when client interests conflict. A recent Spokane decision clarified that this exception does not apply to post-representation fee disputes, distinguishing it from prior rulings.

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The Legal Profession Needs Better Leaders — Not More Managers

The legal profession requires strong leadership to navigate hybrid work, employee burnout, and evolving expectations. Effective leadership fosters trust, connection, and growth among teams, enhancing overall well-being and productivity. By prioritizing mentorship and support, leaders can transform workplace culture and achieve better outcomes for both individuals and firms.

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Court of Appeals Addresses Litigation Privilege in Anti-SLAPP Context

The Washington Court of Appeals recently upheld the litigation privilege in Valve Corporation v. Bucher Law, allowing law firms to dismiss claims of tortious interference and abuse of process after representing clients against Valve. The court found the firms’ communications were related to judicial proceedings and addressed matters of public concern under UPEPA.

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2025 Post-Session Report from the Washington Legislature

The 105-day 2025 legislative session began on Jan. 13 and adjourned sine die (last day of session) on April 27. Lawmakers’ primary focus was passing a biennial state budget while contending with a budget deficit of up to $15 billion over the next four years. The fiscal situation loomed large over discussions on taxes, spending […]

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Court of Appeals Finds No Litigation Privilege for Law Firm Acting as Debt Collection Agency

The Washington Court of Appeals ruled that a law firm acting as a debt collection agency is not protected by the litigation privilege. In Tavaglione v. Dehkhoda & Qadri, the court found the firm could be sued for violations of the Washington Collection Agency Act, as its primary function was debt collection rather than legal representation.

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New Alaska Ethics Opinion on Artificial Intelligence

The Alaska Bar Association’s Ethics Opinion 2025-1 discusses the use of AI in law practice, emphasizing competence, confidentiality, and billing. It highlights risks associated with AI prompts that may reveal client information, urging lawyers to use closed systems or anonymize prompts when employing AI. Confidentiality remains a critical concern.

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Finding the Right Corporate Home: Why Washington Might Be the Best Alternative for Reincorporation

For decades, Delaware was the default state for incorporation, but companies are now reconsidering their legal domicile, seeking stability, clarity, and cost-effectiveness. Washington, with its strong governance framework and financial advantages, emerges as a compelling choice among MBCA states, especially for firms re-evaluating their corporate home.

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How My Law Firm Broke Free from the Billable Hour and Built a Better Model

AEON Law abandoned the traditional billable hour model in 2009, opting for fixed pricing in intellectual property work. This strategy promotes efficiency, client satisfaction, and rewards legal expertise over time spent. By focusing on outcomes and leveraging technology, the firm fosters collaboration and ensures predictable pricing for clients, enhancing overall service quality.

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Court of Appeals Navigates Intersection of Doctor-Patient and Attorney-Client Privileges

The Washington Court of Appeals ruled in Snyder v. Virginia Mason Medical Center on the limits of doctor-patient and attorney-client privileges in medical malpractice cases. The court determined that former employee-doctors cannot be contacted ex parte by defense counsel, requiring that interviews involve the plaintiff’s lawyer or be conducted as depositions.

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Alaska Adopts ‘Continuous Representation’ Rule for Measuring Limitation Period in Legal Malpractice

The Alaska Supreme Court has established the “continuous representation” rule, which tolls the statute of limitations for legal malpractice claims while a lawyer continues to represent the client. This decision, stemming from Sheldon-Lee v. Birch Horton Bittner, Inc., allows clients to address concerns without risking future claims and encourages lawyers to rectify issues.

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Task Force Surveys Washington Legal Professionals on Emerging Technology

Lawyers are largely reluctant to adopt generative AI due to concerns about accuracy, ethics, and reliability. A survey revealed only 25 percent of legal professionals in Washington use AI, with adoption higher in large firms. The Task Force aims to enhance technology use through education and rule evolution, addressing significant cybersecurity gaps.

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Student Law Interns Go Country

In 2024, the WSBA’s STAR Council introduced grants for law students interning in rural Washington to address attorney shortages. Interviewed recipients Olivia Perez and Shaw Lowry highlighted how their experiences in public defense offices shaped their commitment to rural legal practice while acknowledging the challenges, such as transportation issues and maintaining professional relationships.

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Federal Court Surveys ‘Actual Innocence’ Requirement For Legal Malpractice Claims

The federal court in Tacoma recently surveyed the “actual innocence” requirement for legal malpractice claims arising from criminal cases and a related exception to that rule. Neaman v. Washington State Department of Corrections, 2025 WL 672642 (W.D. Wash. Mar. 3, 2025) (unpublished), involved, in relevant part, a malpractice claim against a criminal defendant’s former attorneys […]