The Oregon State Bar’s ethics opinion, OSB Formal Opinion 2005-205, aligns with ABA Formal Opinion 512 on artificial intelligence in law. It emphasizes competence and confidentiality, advising lawyers to understand AI tools and their contractual confidentiality assurances. Both opinions provide timely guidance amid evolving technology in legal practice.
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Under ABA Model Rule 1.16(d), lawyers must surrender client papers upon withdrawal, but the definition of “papers and property” is unclear. Following this ambiguity, states have generally adopted two approaches: the “entire file” approach, which requires lawyers to provide all materials, and the “end product” approach, limiting it to final products. Effective March 3, 2025, Idaho implemented the “entire file” approach with RPC 1.16A, detailing materials to be provided and allowing lawyers to charge for copying and delivery.
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The 2025 legislative session began Jan. 13 and will focus on addressing a $15 billion budget deficit. Key bills being monitored include those related to loan repayment for public defenders, reinstating the Limited License Legal Technician program, and improving public defense funding and efficiency within the court system.
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This post discusses the process and benefits of seller financing when purchasing land, particularly for buyers unable to secure traditional financing. It explores the structure of land contracts, the importance of trust between parties, and potential risks involved, such as seller foreclosure. Due diligence in land use and legal considerations is also emphasized.
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Last month, a rise in divorce inquiries was noted at a family law firm, possibly linked to political rhetoric surrounding no-fault divorce. California pioneered this system in 1969, which promotes less adversarial separations. Washington state maintains strong protections for no-fault divorce, ensuring accessible and equitable solutions for residents.
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The 21st century is almost one-quarter complete. When the calendar switches over and 2024 moves aside for 2025, it’s hard not to think about where we were 25 years ago. Back then we were worried about Y2K and a technological apocalypse; today our lives have been infiltrated by artificial intelligence. Then we were raising the […]
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The Washington Court of Appeals affirmed the dismissal of a legal malpractice claim due to its being time-barred in Wood v. Dunn & Black. The court underscored that a client’s criticism of a law firm can trigger the statute of limitation, emphasizing that assertions made in a letter initiated the three-year clock for filing a claim.
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The WSBA Board of Governors will assess a proposal from the WSBA Business Law Section to amend the Washington Business Corporation Act. This proposal aims to update board committee provisions and includes technical corrections. The Legislative Review Committee has unanimously recommended sponsorship for the upcoming legislative session, with a Board vote scheduled for Nov. 7-8.
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These are the questions behind a proposed pilot project to test entity regulation that is being advanced by leaders of the Practice of Law Board (POLB) and the Washington State Bar Association (WSBA). Under the Court’s guidance, the POLB has been working on this concept for years, and by the end of September 2024, they plan to present their proposal to the Court in the form of a draft order.
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Retired attorney Michael Goldenkranz reflects on his maternal grandfather’s significant role in securing rights for union members, despite suffering personal and professional repercussions. Facing corruption within the painters’ union, he risked his livelihood and physical safety to confront the financial wrongdoing. His legal battle set a precedent for challenging union officials, leaving a lasting impact.
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Knowing when to withdraw is often a difficult exercise. A recent decision by Division I of the Washington Court of Appeals in Seattle, however, underscored the risks of waiting too long. In Atlas Debt Holdings, LLC v. Seafood Express, LLC, 2024 WL 3650246 (Wn. App. Aug. 5, 2024) (unpublished), a law firm was careful not […]
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Your former client wants a copy of their file, but they haven’t paid you your fee. Do you have to give it to them? You’ve already given your client a copy of their file, but now they want it again. Do you have to give it to them one more time? Can you charge for […]
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The Washington Court of Appeals affirmed an order prohibiting a pro se party from contacting a represented opponent in Ryan v. Timmerman. The plaintiff, injured as a minor in a car accident, sued 14 years later as an adult. Despite requests to channel communication through their lawyer, the plaintiff and her father contacted the represented defendants, leading to court sanctions. The Court of Appeals upheld the prohibition on direct contact and the exclusion of the father’s testimony, citing the trial court’s broad case management authority. This case is an unusual application of the court’s inherent case management authority.
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The Alaska Supreme Court recently affirmed the dismissal of claims for legal malpractice and negligence brought by an estate beneficiary against the attorney for a prior personal representative. Guerra v. Wallace, 542 P.3 654 (Alaska 2024), involved a deceased entrepreneur’s estate that had “languished in probate for years.” Eventually, the personal representative was removed and […]
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Estate planning has evolved from a document-centric, standardized practice to a comprehensive, personalized approach. Clients now expect holistic, tailored solutions, open communication, and technology integration. Technology aids in customization, client education, and document automation. Washington attorneys can benefit from tools like Agile Estate Planning to enhance efficiency and client satisfaction.
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The Washington Court of Appeals upheld the distinction between “injury” and “damages” in a legal malpractice claim in the case of Gill v. Hillier, emphasizing that the statute of limitations begins when the party is injured, even if they do not yet know the full extent of their damages. The ruling serves as a crucial reminder for clients to take prompt action when they believe they have been harmed by a lawyer’s negligence.
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