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Municipal Mayhem and More inside the March Issue of Bar News

It’s March, and for many it’s the month that only means one thing: a competition to rank the best courthouses in the state of Washington. Also, there’s some sort of sporting event.
Unlike other March-themed competitions, the WSBA’s Municipal Mayhem doesn’t take place on the court, but is a battle literally about the court(s). This battle of bureaucracy, this clash of courthouses, indeed this joust for justice will be left to WSBA members to determine, once and for all (and probably for the first time), which county hosts the courtiest courthouse. Of course, those aren’t the actual criteria upon which we will name the winner. You can find out all about the competition, how to fill out a bracket, and ways you can help your favorite courthouse shine by reading the cover story of the latest issue of Washington State Bar News.

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Timing is Everything: Motion to Withdraw With Pending Summary Judgment Denied

A recent decision by the federal court in Seattle underscored that when attempting to withdraw from litigation, timing can be critical. In 3M Company v. AIME LLC, 2023 WL 1863517 (W.D. Wash. Feb. 9, 2023) (unpublished), the defendants’ out-of-state lead attorney and their local counsel both moved to withdraw. Both cited a variety of grounds supporting their motions—many of which would ordinarily be sufficient under the “withdrawal rule,” RPC 1.16. Although many of their reasons had existed for a substantial period, the lawyers waited until the plaintiff’s motion for summary judgment was pending to seek court permission to withdraw. Given the timing, the court denied their motions.

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Stressed Out? Meet Adely Ruiz, WSBA’s New Member Wellness Counselor

Recently, the WSBA Member Wellness Program grew a little larger with the addition of Clinical & Outreach Lead Adely Ruiz, MSW, LSWAIC. Ruiz comes to the WSBA via the Sound – Belltown community mental health facility, where she worked with a vulnerable low-income population. She provided cognitive behavioral therapy that included mental health diagnosis and treatment, guiding clients with harm-reduction techniques, treating substance use disorders, and providing direction on accessing medication management services.

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Supreme Court Examines Right to Counsel Involving Non-WA-Licensed Defender

The Sixth Amendment guarantees “the assistance of counsel” to criminal defendants. Most post-conviction relief cases addressing this issue focus on whether counsel was “ineffective.” On unusual facts, the Washington Supreme Court recently examined the question of whether a lawyer not licensed in Washington but actively licensed in Idaho met the Sixth Amendment’s right to counsel. In a 5-4 decision, the Supreme Court found that the constitutional requirement was satisfied.

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Court of Appeals Addresses Receipt of Inadvertently Produced Privileged Documents

Division III of the Washington Court of Appeals in Spokane recently surveyed the duties under both the Rules of Professional Conduct and the Superior Court Civil Rules when a lawyer receives what reasonably appears to be a litigation opponent’s inadvertently produced privileged documents. Hur v. Lloyd & Williams, LLC, involved a contract dispute. In responding to the defendant’s document production request, the plaintiff produced over 1,000 pages of emails electronically. The plaintiff’s counsel redacted privileged information from the documents produced and provided a notice regarding the grounds for the redactions with the production rather than a privilege log.

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Are You Prepared for a Pandemic?

COVID-19, especially in Washington state, poses a threat on the legal profession and the world. We dive into the current circumstances and look at ways to prepare for pandemic.

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Tales from Uganda: Working With Those Who Protect LGBT Human Rights

Timothy MB Farrell, counsel to MBI Health Services, LLC, shares his pro bono experience protecting women and girls, LGBT people, sex workers, and political activists in Uganda.

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Updated Advisory Opinion on Ethical Practices of the Virtual and Hybrid Law Office

Over the last five years, many lawyers began the transition to remote work—then the pandemic added even more coal to the fire. Accelerated adoption of remote and hybrid work, however, did not mean there haven’t been questions about how to do so properly. The Committee on Professional Ethics recently released a new and improved advisory opinion which answers many questions about practicing in a remote or hybrid law office. “Ethical Practices of the Virtual or Hybrid Law Office” updates an opinion first published in 2016 and adds many topics relevant to today’s practice.

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ESGs and ABCs in the February Bar News

A little over one year ago, the Harvard Business Review said that “virtually all of the world’s largest companies now issue a sustainability report and set goals; more than 2,000 companies have set a science-based carbon target; and about one-third of Europe’s largest public companies have pledged to reach net zero by 2050.” In other words, ESG is now the standard. But, of course, what the hell is ESG? Seattle-based attorney and sustainability consultant Nicole DeNamur explains in the newest issue of Washington State Bar News that ESG—which stands for Environmental, Social, and Governance—describes data and reporting that is steadily gaining in market demand and federal regulatory oversight.

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Washington’s 2023 Legislative Session: What’s in Store at the WSBA

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.

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A Star Wars Exploration of the Law of Armed Conflict—Part II

Previously in the first part of this Star Wars-themed blog series, we examined the surprisingly nuanced legal realm of war crimes. To do so, of course, we examined through a lens forged a long, long time ago in a galaxy far, far away—and by taking a look at the galaxy’s most sinister protagonist-turned-antagonist-turned-protagonist again, Darth Vader. In this blog sequel, we’ll continue to examine the alleged war crimes of Mr. Vader as carried out in the finale of the Star Wars prequel trilogy, Episode III, and then the beginning events of the original trilogy as depicted in “Rogue One” as well as that trilogy itself.

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A Star Wars Exploration of the Law of Armed Conflict—Part I

With dozens of large-scale armed conflicts going on in the world, in Ukraine and elsewhere, a prospective client is bound to walk through your door one day, accused of war crimes. Well, the chances are at least higher if you practice this area of law. Should you receive such a client, this article will prepare you for your first war crimes case by exploring the violations of the law of armed conflict (LOAC) committed by everyone’s favorite war criminal, Darth Vader.

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Federal Court Disqualifies Law Firm for Conflict with Key Witness

The federal district court in Spokane recently disqualified a law firm for a conflict with a key adverse witness. Caldwell v. United States, 2022 WL 17408818 (E.D. Wash. Nov. 9, 2022) (unpublished), was a malpractice case stemming from the plaintiff’s treatment at a government medical facility. Although the U.S. government was the sole defendant, the focus of the case was on the doctor who allegedly failed to diagnose the plaintiff’s cancer. The plaintiff’s law firm had also represented the doctor in an unrelated employment matter.

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Top 10 NWSidebar Blog Posts of 2022

Roe v. Wade is out. Oklahoma v. Castro-Huerta is in. The challenges of attracting new lawyers to Washington’s rural communities. Court decisions that clarify the Rules of Professional Conduct. A lot has happened in the past year. Surprisingly and thankfully, much of the news had nothing to do with the COVID pandemic. As has become tradition at NWSidebar, we looked back at the blogs of 2022 to see which stories resonated most with our readers. Read on to see the most-read articles of 2022.

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The Clash at Midfield and More in Latest Issue of Bar News

In the case of Kennedy v. Bremerton School District, the U.S. Supreme Court was presented with a First Amendment controversy after a high school football coach began praying on the sidelines. When asked to decide whether such actions were protected speech or an unsanctioned blending of religious activities and public institutions, a 6-3 majority found that the coach’s First Amendment rights had been suppressed and reversed the lower court’s decision.

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How Amazon Went Global with Pro Bono

Amazon recently released its first ever Pro Bono Report, which describes some of the pro bono work provided by more than 700 Amazon lawyers and legal professionals across dozens of countries since the program’s formal launch in 2014. In total, Amazon lawyers and legal professionals have provided over 40,000 hours of service through Amazon’s pro bono program in that time. Amazon Associate General Counsels Sean Croman and James Cuneo answered a few of our questions about how Amazon’s pro bono program was created, how it creates meaningful opportunities for Amazon employees around the world to engage in pro bono service, and how other corporate legal departments might replicate their efforts.

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Federal Court Rules Tardy Disqualification Motion Waived

The federal district court in Seattle recently issued a pointed reminder on disqualification motions: move promptly or risk waiver. Olson Kundig, Inc. v. 12th Avenue Iron, Inc., 2022 WL 14664715 (W.D. Wash. Oct. 25, 2022) (unpublished), involved patent and trademark claims between the plaintiff designer and the defendant manufacturer. The plaintiff’s law firm had done transactional work in the past for the defendant, but that work had concluded, and the defendant was a former client of the law firm.

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Court of Appeals Discusses Professional Judgment Rule for Legal Malpractice

Division I of the Washington Court of Appeals in Seattle recently discussed the professional judgment rule in Dang v. Floyd, Pflueger & Ringer, PS, Wn. App.2d, 2022 WL 9732289 (Oct. 17, 2022). Under that rule, a lawyer is generally not liable for legal malpractice if the lawyer was simply exercising reasonable professional judgment. The plaintiff doctor in Dang argued that his defense counsel in a regulatory hearing before the Washington Medical Quality Assurance Commission made decisions on witnesses and exhibits that led to an unfavorable outcome. The defendant law firm in the subsequent legal malpractice case moved for summary judgment relying on the professional judgment rule. The trial court granted the motion. The Court of Appeals affirmed.