Wash Supreme Court – Page 2

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

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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Court of Appeals Reiterates No Duty to Will Beneficiaries

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 Dec. 27, 2016) (unpublished), recently reiterated that will beneficiaries ordinarily do not have standing to bring a legal malpractice claim against the attorney who drew the will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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Supreme Court Holds No Privilege for Communications with Former Employees

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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Highlights from the 2016 WSBA 50-Year Member Luncheon

Congratulations to our 71 members who celebrate 50 years of WSBA membership in 2016!

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Court of Appeals Finds Fee Dispute Alone Doesn’t Support Consumer Protection Act Claim

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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Supreme Court Reaffirms ‘Actual Innocence’ Requirement for Criminal-Case Malpractice Claims

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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Washington Supreme Court Adopts the ABA RPC 20/20 Amendments

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

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 […]

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Celebrating Women’s History Month in Washington

March is Women’s History Month, and we’d like to take a moment to honor some trailblazing women from Washington’s legal history. Do you have a favorite figure in Washington women’s history that we missed? Please leave a comment and add to our list!

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Appeals Court Clarifies Standards For Improper Access to Privileged Information

The state Court of Appeals recently issued an important clarification on disqualification standards for improper access to an opponent’s privileged information in a case pitting a ship owner against a vessel renovation contractor.

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WSBA’s 125th Anniversary Event

On June 26, 2015, the WSBA presented “Washington State Bar Association: 125 Years and Counting,” celebrating the state Bar’s past, present and future. Members of Washington’s legal community, including Supreme Court Justice Mary Yu and deans from the state’s three law schools, gave presentations and panel discussions on a variety of timely topics.

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Amendments to the Rules of Professional Conduct – Your Comments Are Needed

Washington state is making national news with the introduction of Limited License Legal Technicians. Washington will be the first U.S. jurisdiction to license legal technicians, but a number of states are already studying Washington’s model for possible adoption. Legal technicians are authorized to provide legal advice within the limited scope described in Regulation 2 of […]

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What’s in the June 2015 Issue of NWLawyer

If your mail seems a little heavier than usual, there’s a reason: the June 2015 NWLawyer is our biggest single issue ever, at a whopping 80 pages! So what will you find inside this issue?

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Cruz v. Chavez: Court of Appeals Cites ‘No Contact’ Rule in Rejecting Settlement

The “no contact” rule — RPC 4.2 — usually arises in the disciplinary context. Recently, however, Division I of the Court of Appeals cited the rule in rejecting a settlement.

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Taylor v. Bell: Court of Appeals Emphasizes Importance of Defining Scope of Representation

Defining the scope of a representation has long been a key risk management tool for law firms to incorporate into engagement letters with their clients.

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Recent Washington Supreme Court Decision: Disciplinary Proceeding Against Pfefer

A recent Washington Supreme Court decision highlights the importance of a lawyer’s professional duty to act diligently.