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The Great Human-Processing Contraption: A Day in the Life of a Benton County Public Defender

The WSBA Board of Governors adopted new caseload standards for indigent defense services, as recommended by the Council on Public Defense (CPD), aiming to mend the collapsing public defense system in Washington. The standards, not binding yet, recommend a significant drop in caseload limits for felony and misdemeanor cases. However, vacancy rates for defense attorneys pose a challenge, and the system remains overloaded, contributing to delays and concerns about fair representation.

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Ensuring Business Continuity: A Guide to Disaster Planning for Legal Professionals

Legal professionals must prioritize disaster planning to ensure business continuity and client service amidst challenges. Key elements include risk assessment, impact analysis, emergency response, data backup, communication strategy, continuity planning, staff training, and designating a custodian. Additionally, they have professional obligations to act diligently, protect confidentiality, and maintain document records for at least seven years.

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Federal Court Relies on Washington Decision to Order Return of Confidential Documents

The federal district court in Portland recently relied on a decision by its counterpart in Seattle to order the return of confidential documents taken by an executive that later surfaced in his subsequent claim against his former employer. In Wickersham v. Eastside Distilling, Inc., __ F. Supp.3d __, 2024 WL 455070 (D. Or. Jan. 25, […]

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How the FTC’s New Noncompete Regulation Affects Physician Employment Agreements

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, […]

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How Washington’s New Noncompete Law Affects Physician Employment Agreements

In reaction to court cases that, in the eyes of lawmakers, interpreted the statute too narrowly, Washington’s Legislature passed a bill this year, SB 5935, to expand the application of the noncompetition statute. As background, prior to amendment, the 2020 law (Chapter 49.62 RCW on Noncompetition Covenants) provides that: The amendments effective June 6, 2024, […]

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Court of Appeals Affirms Dismissal of Legal Malpractice Claim on Lack of Causation

In legal malpractice claims, proving that the defendant lawyer caused the plaintiff’s injury is crucial. Courts consider “proximate cause,” examining cause in fact and legal causation. In Flanigan v. Herman, a lawyer’s failure to deliver a case schedule resulted in a dismissed malpractice claim. The Court of Appeals found the link between negligence and injury too remote to hold the lawyer liable.

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Consumer Protection and AI Featured in the New Bar News

Whether or not you’re a lawyer or a doctor, most of us are familiar with a key law protecting patient privacy: HIPAA. Although it’s sometimes assumed that HIPAA provides consumer protections against the misuse of data by wellness, nutrition, and other health-related data, that’s not the case. HIPAA, explains business law attorney Nathaniel Gallegos, “only […]

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Legislative Recap: What Lawyers Should Know About the 2024 Session

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.

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Court of Appeals Parses Intersection of Doctor-Patient and Attorney-Client Privilege in Medical Malpractice

Division I of the Washington Court of Appeals recently issued an opinion parsing the difficult intersection of the doctor-patient and attorney-client privileges in medical malpractice cases. In Snyder v. Virginia Mason Medical Center, 2024 WL 419279 (Wn. App. Feb. 5, 2024) (unpublished), the plaintiff alleged medical negligence during surgery at Virginia Mason Medical Center. Virginia […]

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Why Pro Bono Matters in Washington

The authors have dedicated over two decades to providing free civil legal services through volunteer work. They emphasize the importance of pro bono legal aid, highlighting the significant need for such services in Washington state. They urge lawyers to devote at least thirty hours per year to pro bono work, emphasizing the positive impact on individuals and communities.

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Rules of the Remote, Substance Use Recovery, and More in the New Issue of Bar News

Today it has become fairly normal—in fact, expected in many instances—to remotely access things that used to be entirely in-person affairs. Speaker events offer webcasts in addition to physical spaces, work is a mix of in-office and virtual office, and courts have largely transitioned to virtual hearings. Although, the modern environment of a remote legal […]

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Federal Court Denies Disqualification on Lawyer-Witness Rule in Bad-Faith Litigation

The federal district court in Seattle recently denied a disqualification motion based on the lawyer-witness rule, RPC 3.7. Arrowood Indemnity Company v. Thompson, 2024 WL 115509 (W.D. Wash. Jan. 10, 2024) (unpublished), is a declaratory judgment proceeding in which the plaintiff insurer argues it has no duty to pay a settlement of an underlying claim […]

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Court of Appeals Discusses Emotional Distress Damages for Legal Malpractice

In Schmidt v. Coogan, 181 Wn.2d 661, 671, 335 P.3d 424 (2014), the Washington Supreme Court set broad outlines for emotional distress damages as a part of a legal malpractice claim: “We hold that the plaintiff in a legal malpractice case may recover emotional distress damages when significant emotional distress is foreseeable from the sensitive […]

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Real Property Hang-Ups in Divorce

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 […]

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What It Really Means to Be a Mother Attorney and More in the New Issue of Bar News

Women have not progressed as far as their male counterparts within Seattle’s legal profession. Though there are about as many women lawyers as men, women are less likely to become partners or serve in leadership roles. As parents, women lawyers are far more likely to have the responsibility of arranging childcare, far more likely to […]

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Introducing the 2024 WSBA Law School Representatives

As you may remember, law school is time-consuming to say the least. When you’re juggling classes and tests and the myriad other responsibilities of life, admittedly the daily business of the Washington State Bar Association may not be your top priority. To help create new connections between law students and their likely future bar association, […]