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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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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Court of Appeals Reiterates No Duty to Will Beneficiaries

Division I of the Court of Appeals in Reznick v. Livengood, Alskog, PLLC, 2016 WL 7470037 (Wn. App. Dec. 27, 2016) (unpublished), recently reiterated that will beneficiaries ordinarily do not have standing to bring a legal malpractice claim against the attorney who drew the will involved because they are not clients of the lawyer. In […]

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New Advisory Opinion on Virtual Offices

The Washington State Bar Association Committee on Professional Ethics recently released an advisory opinion surveying regulatory and risk management issues for lawyers practicing in so-called “virtual offices.” This emerging practice arrangement can range from a solo attorney working from home to an entire firm that lacks a traditional brick-and-mortar location. Virtual offices typically rely instead […]

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Alaska Bar Warns of “Web Bugs”

The Alaska Bar Association recently released a new ethics opinion on so-called “web bugs” — electronic trackers placed in email to allow the sender to see (among other things) where the recipient forwarded the email and how long the email was reviewed. In the scenario that gave rise to the opinion, an Alaska Bar member […]

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Court of Appeals Reiterates No CPA Claims for Asserted Malpractice Alone

Since the Washington Supreme Court’s decision in Short v. Demopolis, 103 Wn.2d 52, 691 P.2d 163 (1984), the business aspects of law practice have been subject to the Consumer Protection Act, RCW Chapter 19.86. The CPA generally prohibits “unfair or deceptive acts or practices” in “trade or commerce” under RCW 19.86.020. Remedies under RCW 19.86.090 […]

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Court of Appeals Discusses Arbitration of Legal Malpractice Claims

Division I of the Court of Appeals recently discussed arbitration of legal malpractice claims in Butler v. Thomsen, 2016 WL 4524244 (Wn. App. Aug. 29, 2016) (unpublished). The facts in Butler were unusual. A lawyer had negotiated the settlement of a minority shareholder “squeeze out” case involving a closely held high-tech company. The settlement agreement […]

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