
Top Recent Developments in Ethics Rules Every Washington Lawyer Should Know
Get the latest updates on ethics amid new challenges to the rule of law. And take advantage of the last chance to save on related on-demand CLEs.
Read More…Get the latest updates on ethics amid new challenges to the rule of law. And take advantage of the last chance to save on related on-demand CLEs.
Read More…A recent decision by Division III of the Washington Court of Appeals illustrates the importance of confirming whether or not you have taken on a client at an initial meeting. Fechner v. Volyn, ___ Wn. App. ___, 418 P.3d 120, 2018 WL 2307703 (May 22, 2018), was painted against the backdrop of a medical malpractice […]
Read More…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 […]
Read More…Division I of the Washington Court of Appeals recently addressed whether a successor personal representative had standing to bring a legal malpractice claim against a law firm that had worked solely with an earlier personal representative. The answer: “No.” In reaching its conclusion, the Court of Appeals in Benjamin v. Singleton, ___ Wn. App. 2d […]
Read More…Division III of the Washington State Court of Appeals recently, in a split decision, drew from a 1988 death penalty case to refine the determination for when a prosecutor’s client conflict might extend to the office as a whole. State v. Nickels, ___ Wn. App. 2d___, 434 P.3d 535, 2019 WL 479494 (Feb. 7, 2019) […]
Read More…A recent disqualification decision by the federal district court in Spokane highlights the importance of engagement agreements in defining who is — and who is not — the client. A recent disqualification decision by the federal district court in Spokane highlights the importance of engagement agreements in defining who is — and who is not […]
Read More…Attorney-client privilege is waived when claiming attorney fees for the work involved as damages, a Court of Appeals rules. Division I of the Washington Court of Appeals held recently that the attorney-client privilege is waived when claiming attorney fees for the work involved as damages in a subsequent legal malpractice case. Leen v. Defoe, 2018 […]
Read More…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.
Read More…Division I of the Washington Court of Appeals recently interpreted the term “proceeds” to which an attorney lien attached in a dissolution case. Matter of Marriage of Shulikov, 2017 WL 3476783 (Wn. App. Aug. 14, 2017) (unpublished), involved a dissolution case that had settled in trial court. The resolution involved payments of maintenance and child […]
Read More…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.
Read More…Division I of the Court of Appeals recently discussed implied waiver of the attorney-client privilege when claiming attorney fees as damages. Bellevue Farm Owners Association v. Stevens, ___ Wn. App. ___, ___ P.3d ___, 2017 WL 1293482 (2017), was on discretionary review. The underlying litigation involved the development of waterfront property and included a counterclaim […]
Read More…WSBA’s Committee on Professional Ethics recently released an advisory opinion on withdrawal issues in for public court proceedings. The Washington State Bar Association’s Committee on Professional Ethics recently released an advisory opinion surveying withdrawal issues in the context of public court proceedings. Advisory Opinion 201701 primarily addresses what you can — and can’t — […]
Read More…Division II of the Court of Appeals recently addressed the authority of insurance defense counsel in an unusual scenario: where defense counsel had no contact with the insured throughout the course of the litigation involved. Kruger-Willis v. Hoffenburg, 198 Wn. App. 408, 393 P.3d 844 (2017), arose out of an automobile accident. The defendant drove […]
Read More…A recent decision by Division I of the Washington Court of Appeals highlights the importance of a written fee agreement. Davis Wright Tremaine LLP v. Peterson, 2017 WL 1593009 (Wn. App. May 1, 2017) (unpublished), was a fee collection case by a law firm against a client. The law firm had represented the client in […]
Read More…Division III of the Washington Court of Appeals recently affirmed sanctions against a lawyer in an unusual scenario: the lawyer continued to participate in the case after being disqualified.
Read More…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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