Search Results for “Mark Fucile” – Page 2 – NWSidebar

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New WSBA Advisory Opinion on ‘Quadripartite’ Relationships

The WSBA Committee on Professional Ethics recently released advisory opinion No. 201802 addressing “quadripartite” relationships. “Tripartite” relationships among an insurer, the insured, and defense counsel have been delineated extensively in both court decisions and advisory opinions. “Quadripartite” relationships, by contrast, are a fairly new development and remain comparatively unplumbed. The term generally describes situations where […]

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Strange New Trip: The Emerging World of Psychedelic Law and Decriminalization

After substances like LSD (acid), MDMA (ecstasy), and notably psilocybin (magic mushrooms) were classified as federally prohibited Schedule 1 drugs, a new wave of research into their therapeutic potential is growing, state and local governments are decriminalizing their use, and new areas of law are opening up. “Now there’s what’s referred to as a psychedelic renaissance …,” said Kathryn Tucker, special counsel at Emerge Law Group. “It’s just an incredible surge of interest.”

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Lawyer as Witness: What the Court of Appeals Said About RPC 3.7

Mark Fucile explains the Supreme Court’s analysis of RPC 3.7. RPC 3.7(a), which generally prohibits a lawyer from acting “as advocate at a trial in which the lawyer is likely to be a necessary witness.”

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New Marijuana-Related Amendments to Rules of Professional Conduct

After voters approved Initiative 502 in November 2012 permitting and regulating “recreational” marijuana, questions immediately arose regarding the extent to which lawyers could advise and assist clients in state-authorized marijuana businesses. Washington RPC 1.2(d), like its ABA Model Rule counterpart, generally permits lawyers to advise clients on the legality of proposed conduct but prohibits lawyers […]

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Court of Appeals: New Standard in Disqualification for Former Client Conflicts

Washington’s Court of Appeals recently issued a significant decision applying a new standard for former client conflicts in the disqualification context.

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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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New WSBA Advisory Opinion on Contacting Government Employees

The WSBA Committee on Professional Ethics recently released a new advisory opinion No. 201803 to address the contours of contacting government employees under Washington Rule of Professional Conduct 4.2. The rule generally prohibits communication with a person whom the contacting lawyer “knows to be represented by another lawyer in the matter[.]” Under Wright v. Group […]

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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.

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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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Appeals Court Considers Prosecutor’s Subpoena for Letter Held by Former Defense Counsel

Ethics guru Mark Fucile analyzes a Court of Appeals decision to overturn a lower court’s ruling for contempt against a defendant’s former counsel. Division I of the Washington Court of Appeals recently addressed a subpoena duces tecum to former counsel in State v. Rogers, ___ Wn. App. ___, 414 P.3d 1143, 2018 WL 1602957 (2018). […]

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Appeals Court Weighs in on Successor Personal Representative Malpractice Claims

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 […]

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Court of Appeals Discusses Elected Prosecutor Conflicts

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) […]

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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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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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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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Federal Court Decision Highlights Importance of Engagement Agreements

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 […]