Let’s say your current client wants to sell a piece of real property to a friend or business associate with whom he has an excellent relationship. The proposed transaction is straightforward, your client and the buyer are comfortable with the deal terms, and neither party expects any dispute to arise out of the transaction. The parties need an attorney ...

Let’s say your current client wants to sell a piece of real property to a friend or business associate with whom he has an excellent relationship. The proposed transaction is ...

Suppose you represent the defendant in a lawsuit, and he wants his long-time significant other to participate in discussions about legal strategy that would be protected by the attorney-client privilege if they were strictly between you and your client. Could the significant other join in these conversations without impairing the privilege? RCW 5.60.060(2)(a) provides that “[a]n attorney or counselor ...

Suppose you represent the defendant in a lawsuit, and he wants his long-time significant other to participate in discussions about legal strategy that would be protected by the attorney-client privilege ...

It is important to understand the difference between a contractual provision requiring mediation or arbitration and one that makes mediation a condition precedent to arbitration or the filing of a lawsuit. Here is a typical arbitration clause: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered ...

It is important to understand the difference between a contractual provision requiring mediation or arbitration and one that makes mediation a condition precedent to arbitration or the filing of a ...

To what extent does the attorney-client privilege[1] exempt from disclosure under Washington’s Public Records Act[2] billing statements submitted to government agencies by outside litigation counsel? The privilege protects “communications incident to the giving and receiving of legal advice, and incident to the representation of the client’s legal interests.”[3] This includes attorney-client communications about relevant facts. As the Washington Supreme ...

To what extent does the attorney-client privilege[1] exempt from disclosure under Washington’s Public Records Act[2] billing statements submitted to government agencies by outside litigation counsel? The privilege protects “communications incident ...

PART 2 In an earlier post, I explained that in Washington the attorney-client privilege held by corporations protects communications between corporate counsel and lower-level corporate employees, with some exceptions.  Does this also rule protect communications between counsel for government agencies and lower-level government employees?  Although there does not appear to be a published Washington case on point, the answer ...

PART 2 In an earlier post, I explained that in Washington the attorney-client privilege held by corporations protects communications between corporate counsel and lower-level corporate employees, with some exceptions.  Does ...

PART 1 In Upjohn Co. v. United States, the United States Supreme Court held that the attorney-client privilege protected communications between counsel for Upjohn – who were investigating possible illegal activities by the company – and lower-level company employees.[1]  The Supreme Court rejected the Sixth Circuit Court of Appeals’ holding that under the so-called “control group” test, the privilege ...

PART 1 In Upjohn Co. v. United States, the United States Supreme Court held that the attorney-client privilege protected communications between counsel for Upjohn – who were investigating possible illegal ...

In its recent decision in Expedia, Inc. v. Steadfast Ins. Co.,[1] the Washington State Supreme Court made several rulings enhancing the rights of liability insurance policyholders in this State.  First, the Court reaffirmed that in duty-to-defend cases the “eight corners” of the insurance policy and the complaint filed in the underlying litigation generally determine whether a duty to defend ...

In its recent decision in Expedia, Inc. v. Steadfast Ins. Co.,[1] the Washington State Supreme Court made several rulings enhancing the rights of liability insurance policyholders in this State.  First, ...

Is a high capacity for self-deception a net positive or net negative trait for a litigator to have?  As noted in many recent articles in the mainstream media, studies show that self-deception can be a powerful tool for persuading (or fooling) others, and persuading others is a big part of what we do.  There’s no doubt that many successful ...

Is a high capacity for self-deception a net positive or net negative trait for a litigator to have?  As noted in many recent articles in the mainstream media, studies show ...