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U.S. District Court Highlights Importance of ‘Non-Engagement’ Letters

A recent decision from the U.S. District Court in Seattle highlights the importance of “non-engagement” letters: a letter or other communication to a non-client involved in the background context of a representation telling the non-client that the lawyer is not representing the non-client. Smartek21, LLC v. VisiKard, Inc., 2018 WL 5024031 (W.D. Wash. Oct. 17, […]

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Supreme Court Holds No Double Jeopardy for Lawyer Discipline

In a case of first impression in Washington, the Supreme Court recently held that the double jeopardy provisions of the United States and Washington Constitutions do not apply to lawyer discipline proceedings. In re Waechter, ___ Wn.2d ___, 419 P.3d 827, 2018 WL 2977072 (June 14, 2018), involved a lawyer who had allegedly converted client […]

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Confirming When Representation Begins Matters

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 […]

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Court of Appeals: Claiming Attorney Fees as Damages Waives Privilege

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 […]

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Supreme Court Approves RPC Amendments on Imputed Conflicts

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 […]

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justice

New WSBA Advisory Opinion on Withdrawal

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 — […]

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