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Posts from the ‘Case Law Updates’ Category

22
Aug
books on the table and glasses

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., involved a wage claim by a former in-house general counsel against his former corporate employer.

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17
Aug
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Court of Appeals Discusses Lawyer Web Advertising under the Consumer Protection Act

Historically, most Consumer Protection Act claims involving lawyers touched on fee-related issues. Division I of the Court of Appeals, however, recently discussed lawyer web advertising in the CPA context in Rhodes v. Rains.

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5
Aug

4 Important Changes to Washington DUI Laws

Police officer giving a roadside sobriety test.
With new legislation now in effect, it is important to keep DUI clients informed on sentencing and licensing changes. Here are four updates.

Police officer giving a roadside sobriety test.With House Bill 2700 going into effect on June 9, 2016, it is important to keep DUI clients informed on sentencing and licensing changes. Here are four updates to DUI laws that your clients may need to know. Read more »

26
Jul

Supreme Court on Use of Refusal to Submit to Field Sobriety Tests: No Clear Holding

Police officer conducts a traffic stop to give sobriety test to young man.
Defense attorney Vitaliy Kertchen analyzes a fractured ruling that appears to overturn a drunken driving conviction.

Police officer conducts a traffic stop to give sobriety test to young man.In State v. Mecham, the Washington Supreme Court issued a fractured opinion in a DUI prosecution in which the state entered into evidence the defendant’s refusal to perform field sobriety tests (FST). Although the court stated in its June 16 ruling it was affirming the defendant’s conviction, the actual result appears to reverse the conviction in a 5-4 vote, with the reasoning behind the outcome ending up in a 4-1-2-2 split. Read more »

23
Jun

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

Abstract depiction of a scale and gavel
A recent court ruling may be useful for lawyers defending an insured when they and their carrier are engaged in a separate coverage dispute.

Abstract depiction of a scale and gavelDivision 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 conflict when representing them in an earlier tort case and were pursuing breach of fiduciary duty and related claims against the firm. On summary judgment, the firm argued that it had no conflict. The trial court agreed and dismissed the case. The Court of Appeals affirmed. Read more »

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