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 […]
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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.
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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 Aug. 14, 2017) (unpublished), involved a dissolution case that had settled in trial court.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 […]
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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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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 […]
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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 […]
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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 […]
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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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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.
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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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A recent decision from the U.S. District Court in Seattle highlights why it’s important to define the client decision-maker, especially when dealing with small, closely held corporations (Kische USA LLC v. Simsek, 2016 WL 7212534, W.D. Wash. Dec. 13, 2016, unpublished). In this case, charges were brought by the owner of a retail clothing firm […]
Read More… Division I of the Court of Appeals in Paulsell v. Gaffney, 2016 WL 7470061 (Wn. App. Dec. 19, 2016) (unpublished), recently underscored the differences between claims for legal malpractice and breach of fiduciary duty that can arise from the same set of facts.
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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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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 […]
Read More… Since Short v. Demopolis, 103 Wn.2d 52, 691 P.2d 163 (1984), the business aspects of law practice have been subject to the Washington Consumer Protection Act. RCW 19.86.020 prohibits “unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce…” RCW 19.86.090, in turn, creates a private […]
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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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