Posts from WSBA Sections
Disputes over trust account funds present challenges for lawyers, especially when representing children whose parents paid for their services. Advisory Opinion 202503 provides guidance on managing these funds, emphasizing adherence to Washington State Rules of Professional Conduct. Key duties include maintaining disputed funds in trust and resolving conflicts through communication and legal action when necessary.
Read More…
The Committee on Professional Ethics released Advisory Opinion 202501, addressing confidentiality and conflicts of interest for lawyers representing certified professional guardians. Key issues include lawyers’ obligations to maintain resident confidentiality while advising care facilities and the complexities of simultaneous representation. The opinion emphasizes the challenge of balancing interests in protecting resident rights.
Read More…
The 105-day 2025 legislative session began on Jan. 13 and adjourned sine die (last day of session) on April 27. Lawmakers’ primary focus was passing a biennial state budget while contending with a budget deficit of up to $15 billion over the next four years. The fiscal situation loomed large over discussions on taxes, spending […]
Read More…
Last month, a rise in divorce inquiries was noted at a family law firm, possibly linked to political rhetoric surrounding no-fault divorce. California pioneered this system in 1969, which promotes less adversarial separations. Washington state maintains strong protections for no-fault divorce, ensuring accessible and equitable solutions for residents.
Read More…
The WSBA Board of Governors will assess a proposal from the WSBA Business Law Section to amend the Washington Business Corporation Act. This proposal aims to update board committee provisions and includes technical corrections. The Legislative Review Committee has unanimously recommended sponsorship for the upcoming legislative session, with a Board vote scheduled for Nov. 7-8.
Read More…
On April 23, the Federal Trade Commission (FTC) announced regulations that will prohibit noncompete agreements for many workers across America effective Sept. 4, 2024. While the regulations are set to become effective 120 days after their publication, litigants have challenged the FTC’s authority to enact the regulations. Thus, the effective date may be further delayed, […]
Read More… The Washington Legislature adjourned Sine Die after a 60-day session, with the WSBA Legislative Affairs team monitoring and acting on nearly 300 bills. Key bills include the Uniform Electronic Estate Planning Documents Act and amendments to the Business Corporations Act. Legislation passed includes ending child marriage and creating a task force for studying artificial intelligence issues.
Read More…
Whether home ownership is divided by a court or agreed to in settlement, the decision over how to assign its value and divide the dollars is not the only consideration that matters. Post-divorce, there are often problems that could have been assessed and possibly dealt with earlier. Settlements and court orders can include instructions and […]
Read More…
My father, grandfather, and uncles all served in the military. My family’s strong legacy of military service taught me the importance of honoring veterans and expressing gratitude for their service to our nation. Veterans Day holds special meaning for me as a day when we can collectively acknowledge the sacrifices of those who have served our nation. However, it is not enough to express our gratitude for veterans. We must show our support through action.
As attorney general, I am proud of the ways my office actively stands up for the rights of veterans every day through the work of every division in our office. I am pleased to announce three ways we are taking additional action to improve the lives of Washington’s veterans.
At its Nov. 3, 2023 meeting, the WSBA Board of Governors will consider two legislative proposals for Bar sponsorship.
Proposal from the Business Law Section. This proposal amends the Washington Business Corporation Act to replace the current RCW 23B.11 with a new chapter 11 that substantially mirrors the current version of the Model Business Corporations Act. The proposal also changes other sections of RCW 23B dealing with definitions, quorum, and voting requirements; removal of directors by shareholders; entity conversion; and other issues.
Proposal from the Real Property, Probate & Trust Section. This proposal eliminates the requirement that leases for more than one year must have the landlord’s signature acknowledged before a notary.
All feedback is welcome and can be sent to barleaders@wsba.org. Comments are also welcome during the Board meeting.
Providing estate planning and end-of-life services to an ailing parent generation, within a culture that does not have tools in place to easily do so, is going to require new strategies and forward thinking about cultural relevance and cultural competency.
The issue is vast and complex, so I believe a good place to begin is with the hesitancy of many people to move forward with formal estate planning. This is especially true among those who are first-generation immigrants from a collectivistic culture, thereby leading to higher risk that their wishes will not be properly expressed during the end-of-life process.
Andy Warhol Foundation for the Visual Arts, Inc. V. Goldsmith concerns whether the Andy Warhol Foundation (AWF) infringed the copyright held by Lynn Goldsmith in her photograph of the artist Prince, when it licensed Warhol’s version (“Orange Prince”) of Goldsmith’s photograph to the media company Condé Nast for a magazine cover. At issue was whether the fair use defense applies to appropriation. Rather than broadly refashion the law, the Court issued a narrowing interpretation of the first fair use factor, in the form of a new judicial test.
Read More… The 105-day 2023 legislative session began on Jan. 9 and adjourned sine die on April 23. Legislators passed a two-year, $69.2 billion state operating budget providing funding increases for K-12 schools, with an emphasis on special education and programs to support affordable housing, as well as a $13.5 billion biennial transportation budget that supports improvements to the Washington State Ferry System, increases bicycle and pedestrian access to schools, and funds major highway construction projects statewide.
Read More… The 2023 session of the Washington State Legislature began with lawmakers returning to Olympia for the first in-person session in two years. Legislators will consider a variety of issues this year. However, a primary focus of the 120-day “long” session is to pass a state budget for the next two years. The first day of session was Jan. 9 and it will continue through April 23. Between now and then the Senate and House of Representatives have important dates ahead of them.
Read More…
Each year on Memorial Day, we pause to honor those who have served in our armed forces. We hold deep gratitude and admiration for the men and women who have risked everything for our safety, security, and health. For those who are no longer with us, we keep their memory alive by solemnly remembering their sacrifice. This year, service members have been called to the front lines to continue managing the COVID-19 pandemic and fighting the natural disasters threatening communities across our state.
Read More…
For a lawyer who’s thinking about striking out on their own and starting a firm, there are naturally pros and cons. You gain more autonomy in how you practice, but lose the structure of an established firm. You get to choose how you run your business, but you also take on more risk.
Read More…