Division I of the Washington Court of Appeals recently interpreted the term “proceeds” to which an attorney lien attached in a dissolution case. Matter of Marriage of Shulikov, 2017 WL 3476783 (Wn. App. Aug. 14, 2017) (unpublished), involved a dissolution case that had settled in trial court. The resolution involved payments of maintenance and child […]
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In law, negotiations between parties can end in a win-win for both sides or they can break down and leave your client further from their objective. It’s a delicate dance that requires a clear understanding or your client’s needs and desires as well as those of the opposing party. Here are seven tips for negotiating […]
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Division 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 […]
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A recent Supreme Court ruling extends psychiatrists’ duty to people harmed by their client even if the client never mentioned a threat. The Washington Supreme Court recently extended the potential duty a psychiatrist owes to people harmed by their outpatient clients. In Volk v. DeMeerleer, 187 Wn.2d 241, 386 P.3d 254 (2016), the Court extended […]
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I attended the 2016 WSBA Trial Advocacy Program (TAP) one week after relocating back to my home state. I most recently was a managing attorney at a nonprofit legal aid organization in Navajo Nation. I had been promoted to this position in the same month I was sworn into the relevant bar. At TAP, I […]
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Division I of the Court of Appeals recently discussed arbitration of legal malpractice claims in Butler v. Thomsen, 2016 WL 4524244 (Wn. App. Aug. 29, 2016) (unpublished). The facts in Butler were unusual. A lawyer had negotiated the settlement of a minority shareholder “squeeze out” case involving a closely held high-tech company. The settlement agreement […]
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Division II of the Court of Appeals recently outlined the standards for implied waiver of the attorney-client privilege in the context of settlement “reasonableness” hearings under RCW 4.22.060. In Steel v. Philadelphia Indemnity Insurance Co. WL 4001431 (July 26, 2016), the parents of children who had been abused at a day care center sued the center […]
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A trial is challenging, exhilarating and exhausting. It can also be an excellent opportunity for a junior associate to learn an incredible amount and gain significant experience in a relatively short period of time. With relentless preparation and with active mentorship, a new associate can maximize his or her early trial opportunities and can be […]
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Division 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 […]
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Division III of the Court of Appeals recently addressed the interplay between RPC 1.16 and CR 71 on withdrawal in Schibel v. Eymann, ___ Wn. App. ___, ___ P.3d ___, 2016 WL 1639567 (Apr. 26, 2016). Schibel is a legal malpractice case that grew out of commercial lease and related mold exposure litigation. Disagreements over […]
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In almost every election cycle, musical artists are surprised to find their songs being played without their permission at campaign events hosted by politicians that they don’t support, and seek recourse to copyright law in order to prevent further performances. And, in almost every election cycle, they are, as a legal matter, usually dead wrong.
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The federal district court in Spokane recently addressed lateral-hire screening to avoid disqualification in Assenberg v. County of Whitman, No. 2:14-CV-0145-TOR, 2015 WL 5178032 (E.D. Wash. Sept. 4, 2015) (unpublished). While the court rejected disqualification in this case, the ruling underscores the importance of early and thorough screening when law firms take on new lateral […]
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A Washington court ruling against a Kickstarter creator who didn’t produce exposes legal risks. Here’s what lawyers should know.
Read More… A contested-will case ruling summarizes analysis under RPC 1.9 — “old” and “new” matters do not necessarily need to be related to find a disqualifying conflict in cases involving a former client.
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The Court of Appeals weighs in on the meaning of “necessary witness” in considering when a trial attorney can be called to the stand in his own case.
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The Court of Appeals recently reaffirmed Washington’s “one client” standard for insurance company defense counsel.
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