As Justice Wiggins whiles away his last days on the bench, we asked him his views on judicial elections, among other things he’s learned as a Supreme Court justice.
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Ethics Guru Mark Fucile examines a recent Supreme Court ruling that an elected prosecutor’s entire office is disqualified to litigate in cases the prosecutor tried prior to election.
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We chat with Washington’s new Chief Justice Debra Stephens to better understand what direction she might take the court.
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A majority of the Supreme Court’s Mandatory Continuing Legal Education Board voted to send a recommendation for a suggested amendment to Admission and Practice Rule 11 to the Board of Governors.
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For the first time in more than 30 years, the Washington Supreme Court issued an opinion on the character and fitness test for admission under the Admission and Practice Rules (APR). In re Simmons was an appeal from the WSBA Character and Fitness Board’s denial of Tarra Simmons’ application to sit for the bar exam. […]
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In a case of first impression in Washington, the Supreme Court recently held that the double jeopardy provisions of the United States and Washington Constitutions do not apply to lawyer discipline proceedings. In re Waechter, ___ Wn.2d ___, 419 P.3d 827, 2018 WL 2977072 (June 14, 2018), involved a lawyer who had allegedly converted client […]
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A recent decision by the U.S. Supreme Court over a land dispute between two Skagit County land owners and the Upper Skagit Indian Tribe provided some clarification on an earlier Washington Supreme Court precedent, but left open a much larger question concerning tribal sovereign immunity.
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The Supreme Court recently approved Rules of Professional Conduct amendments addressing imputed conflicts for public defenders. The Washington Supreme Court recently approved a package of related Rules of Professional Conduct (RPC) amendments addressing imputed conflicts for public defenders. “Imputed” conflicts are those shared by all law practitioners working in a single firm. Some public defenders […]
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The Idaho Supreme Court now requires malpractice insurance for lawyers in that state. For Washington lawyers who are also licensed in Idaho, the Idaho Supreme Court recently amended its licensing rule to soon require malpractice insurance for lawyers in private practice.
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The 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.
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Division I of the Court of Appeals in Reznick v. Livengood, Alskog, PLLC, 2016 WL 7470037 (Wn. App. Dec. 27, 2016) (unpublished), recently reiterated that will beneficiaries ordinarily do not have standing to bring a legal malpractice claim against the attorney who drew the will involved because they are not clients of the lawyer. In […]
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In a case of first impression in Washington, the state Supreme Court recently held that communications between corporate or governmental counsel and former employees do not fall within the attorney-client privilege even if the communications concern matters that occurred during a former employee’s work for the corporation or government agency involved. The Supreme Court’s 5–4 […]
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Congratulations to our 71 members who celebrate 50 years of WSBA membership in 2016!
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Since Short v. Demopolis, 103 Wn.2d 52, 691 P.2d 163 (1984), the business aspects of law practice have been subject to the Washington Consumer Protection Act. RCW 19.86.020 prohibits “unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce…” RCW 19.86.090, in turn, creates a private […]
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The Washington Supreme Court recently reaffirmed the requirement that a plaintiff in a legal malpractice claim arising from a criminal case prove that the plaintiff was actually innocent of the crime involved. The “actual innocence” requirement presents a high bar for claimants because, as the Supreme Court explained in Ang v. Martin, 154 Wn.2d 477, […]
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New rules amending many of the Rules of Professional Conduct (RPC) become effective Sept. 1, 2016. On June 2, 2016, the Washington Supreme Court entered the order adopting the new rules. See Order No. 25700-A-1146. In 2013, the Supreme Court asked the WSBA to evaluate recent amendments to the ABA Model Rules of Professional Conduct […]
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