On the Docket – Page 5 – NWSidebar

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Walking in Their Shoes: A Day in the Life of a Spokane City Public Defender

In Spokane, a day in the life of public defender Dustin Howie consists of power walking, comforting clients, and navigating a chaotic court system. He juggles a hefty caseload with his wife Alex, also a public defender. Although the office is well-supported, understaffing remains a problem, leading to overwhelming workloads. Howie supports the idea of reduced caseloads but questions the feasibility given funding constraints.

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The Great Human-Processing Contraption: A Day in the Life of a Benton County Public Defender

The WSBA Board of Governors adopted new caseload standards for indigent defense services, as recommended by the Council on Public Defense (CPD), aiming to mend the collapsing public defense system in Washington. The standards, not binding yet, recommend a significant drop in caseload limits for felony and misdemeanor cases. However, vacancy rates for defense attorneys pose a challenge, and the system remains overloaded, contributing to delays and concerns about fair representation.

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Ensuring Business Continuity: A Guide to Disaster Planning for Legal Professionals

Legal professionals must prioritize disaster planning to ensure business continuity and client service amidst challenges. Key elements include risk assessment, impact analysis, emergency response, data backup, communication strategy, continuity planning, staff training, and designating a custodian. Additionally, they have professional obligations to act diligently, protect confidentiality, and maintain document records for at least seven years.

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Federal Court Relies on Washington Decision to Order Return of Confidential Documents

The federal district court in Portland recently relied on a decision by its counterpart in Seattle to order the return of confidential documents taken by an executive that later surfaced in his subsequent claim against his former employer. In Wickersham v. Eastside Distilling, Inc., __ F. Supp.3d __, 2024 WL 455070 (D. Or. Jan. 25, […]

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How the FTC’s New Noncompete Regulation Affects Physician Employment Agreements

On April 23, the Federal Trade Commission (FTC) announced regulations that will prohibit noncompete agreements for many workers across America effective Sept. 4, 2024. While the regulations are set to become effective 120 days after their publication, litigants have challenged the FTC’s authority to enact the regulations. Thus, the effective date may be further delayed, […]

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Court of Appeals Affirms Dismissal of Legal Malpractice Claim on Lack of Causation

In legal malpractice claims, proving that the defendant lawyer caused the plaintiff’s injury is crucial. Courts consider “proximate cause,” examining cause in fact and legal causation. In Flanigan v. Herman, a lawyer’s failure to deliver a case schedule resulted in a dismissed malpractice claim. The Court of Appeals found the link between negligence and injury too remote to hold the lawyer liable.

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Legislative Recap: What Lawyers Should Know About the 2024 Session

The Washington Legislature adjourned Sine Die after a 60-day session, with the WSBA Legislative Affairs team monitoring and acting on nearly 300 bills. Key bills include the Uniform Electronic Estate Planning Documents Act and amendments to the Business Corporations Act. Legislation passed includes ending child marriage and creating a task force for studying artificial intelligence issues.

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Court of Appeals Parses Intersection of Doctor-Patient and Attorney-Client Privilege in Medical Malpractice

Division I of the Washington Court of Appeals recently issued an opinion parsing the difficult intersection of the doctor-patient and attorney-client privileges in medical malpractice cases. In Snyder v. Virginia Mason Medical Center, 2024 WL 419279 (Wn. App. Feb. 5, 2024) (unpublished), the plaintiff alleged medical negligence during surgery at Virginia Mason Medical Center. Virginia […]

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Why Pro Bono Matters in Washington

The authors have dedicated over two decades to providing free civil legal services through volunteer work. They emphasize the importance of pro bono legal aid, highlighting the significant need for such services in Washington state. They urge lawyers to devote at least thirty hours per year to pro bono work, emphasizing the positive impact on individuals and communities.

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Federal Court Denies Disqualification on Lawyer-Witness Rule in Bad-Faith Litigation

The federal district court in Seattle recently denied a disqualification motion based on the lawyer-witness rule, RPC 3.7. Arrowood Indemnity Company v. Thompson, 2024 WL 115509 (W.D. Wash. Jan. 10, 2024) (unpublished), is a declaratory judgment proceeding in which the plaintiff insurer argues it has no duty to pay a settlement of an underlying claim […]

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Court of Appeals Discusses Emotional Distress Damages for Legal Malpractice

In Schmidt v. Coogan, 181 Wn.2d 661, 671, 335 P.3d 424 (2014), the Washington Supreme Court set broad outlines for emotional distress damages as a part of a legal malpractice claim: “We hold that the plaintiff in a legal malpractice case may recover emotional distress damages when significant emotional distress is foreseeable from the sensitive […]

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Real Property Hang-Ups in Divorce

Whether home ownership is divided by a court or agreed to in settlement, the decision over how to assign its value and divide the dollars is not the only consideration that matters. Post-divorce, there are often problems that could have been assessed and possibly dealt with earlier. Settlements and court orders can include instructions and […]

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Introducing the 2024 WSBA Law School Representatives

As you may remember, law school is time-consuming to say the least. When you’re juggling classes and tests and the myriad other responsibilities of life, admittedly the daily business of the Washington State Bar Association may not be your top priority. To help create new connections between law students and their likely future bar association, […]

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Confronting a Crisis: The State of Public Defense

Public defenders in Washington state are facing a crisis due to excessive workload, inadequate funding, and a shortage of lawyers. Efforts are underway to address these issues, including a study to revise caseload standards, government action, and proposed legislation. The state is also facing a lawsuit for failing to adequately fund public defense. Additional bills seek to attract new lawyers and improve the system.

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Federal Court Surveys Need for Expert to Support Legal Malpractice Claim

The federal district court in Spokane recently surveyed Washington law on the need for an expert to support a legal malpractice claim. Peterson v. Best, 2023 WL 8791674 (E.D. Wash. Dec. 19, 2023) (unpublished), grew out of complex federal qui tam litigation. The defendant lawyer had represented the plaintiff in a related set of qui […]

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Top Marks Achieved by Patent AI Tool: Q&A With John Russell About Ironcrow AI

On Oct. 30, McCoy Russell LLP announced that one of its tools had not just scored higher than other similar technologies on the U.S. Patent and Trademark Office (USPTO) Bar Exam, it actually outperformed the average human.
Given the easily stoked concerns of artificial intelligence (AI) eliminating jobs, wiping out industries, and portending the technological destruction of all humanity, it’s as important in this case to talk about what the firm’s Ironcrow AI LLM Sandbox does not do as much as what it can do.
“We’re always looking for tools, what can we use to make our work better,” said firm partner and cofounder John Russell. “… We started playing around and figured out the tools are good at wide-ranging tasks, but not very good at specialized patent work.”