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Posts from the ‘Case Law Updates’ Category

26
Oct

A Short Guide to Workplace Medical Leave Laws

Gavel and stethoscope
If you practice law with small-to-large businesses and corporations, you should know something about employment-related medical leave laws.

Gavel and stethoscopeIf you are a lawyer practicing with small-to-large businesses and corporations, you should know something about employment-related medical leave laws. Federal, state, and municipal laws apply to your business clients and employees. Some laws apply to almost every employer and some to just larger employers. Read more »

4
Oct

Supreme Court Holds Order Allowing Withdrawal Precludes Subsequent Malpractice Claim Over the Withdrawal

The cogs of law.
State Supreme Court held recently that a court order permitting withdrawal under CR 71 precludes a malpractice claim over the withdrawal.

The cogs of law graphicThe Washington Supreme Court held recently in Schibel v. Eymann, ___ Wn.2d ___, ___ P.3d ___, 2017 WL 3382278 (Aug. 3, 2017), that a court order permitting withdrawal under CR 71 precludes a subsequent malpractice claim over the withdrawal. Read more »

28
Aug

Court of Appeals Rules on Authority of Insurance Defense Counsel

A client and attorney
Appeals court addresses an insurance defense counsel’s authority when the counsel had no contact with the insured throughout litigation.

A client and attorneyDivision II of the Court of Appeals recently addressed the authority of insurance defense counsel in an unusual scenario: where defense counsel had no contact with the insured throughout the course of the litigation involved. Kruger-Willis v. Hoffenburg, 198 Wn. App. 408, 393 P.3d 844 (2017), arose out of an automobile accident. The defendant drove a truck into the plaintiff’s parked car. The defendant’s insurer paid for the property damage involved, but then the plaintiff sued the defendant for the diminished value of the vehicle. The defendant prevailed at trial, and the trial court awarded the defendant $11,490 in fees and costs. In the course of litigating the fee award, defense counsel admitted that he had never had any contact with the defendant. Read more »

18
Aug

Responding to Negative Online Reviews

Citations crash course
Along with marketing their practice and maintaining their digital presence, attorneys may find themselves facing a negative internet review.

Citations crash courseThe internet and social media are a part of most attorneys’ practices, whether they’ve chosen an aggressive online presence or not. Along with marketing their practice and maintaining their digital presence, attorneys may find themselves facing a negative internet review. Sometimes they call the WSBA Ethics Line (800-945-9722 ext. 8284) asking for guidance on whether and how they can respond. Can attorneys post comments themselves after receiving unfair negative reviews? We’ll do a quick review of this scenario, but be sure to read the rules and their comments in their entirety.

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7
Aug

Court of Appeals Underscores Significance of Written Fee Agreement

A man and female attorney signing a document
A recent decision by Division I of the Washington Court of Appeals highlights the importance of a written fee agreement.

A man and female attorney signing a documentA recent decision by Division I of the Washington Court of Appeals highlights the importance of a written fee agreement. Davis Wright Tremaine LLP v. Peterson, 2017 WL 1593009 (Wn. App. May 1, 2017) (unpublished), was a fee collection case by a law firm against a client. The law firm had represented the client in commercial litigation before withdrawing. After the underlying case resolved, the law firm sued the client for unpaid fees and related expenses that the law firm had advanced. Read more »