Recent News

Lawyers and laypersons alike are prone to self-bias.  We tend to believe in our own case, and this righteous indignation can sometimes create blind spots.  Most commonly, these blind spots include failure to appreciate evidence and arguments advanced by the opposition.  Failure to accurately gauge risk leads to poor decisions in disputes, including missed settlement… Read More

Especially since the Great Recession, distressed borrowers have felt the need to get creative in coming up with theories to avoid foreclosure.  Borrower desperation sometimes inspires borrowers to project blame on the lender for poor underwriting practices.  To paraphrase the arguments of some borrowers, “If my lender had been more careful, I wouldn’t have borrowed… Read More

Litigation against corporations can often involve large amounts in controversy.  Even when the underlying dispute is a small one, plaintiffs suing corporations may wish to motivate the corporation to settle on more favorable terms by demanding to take the depositions of high ranking corporate officers.  The officer may fear a loss or their valuable time,… Read More

Generally speaking, wrongdoers are liable for the harm they cause when they breach legal duties.  But a plaintiff who sues over such wrongdoing must prove the existence of a duty, breach of that duty, causation, and damages.  Long enshrined in American common law is a principle known as superseding cause, which holds that the “chain… Read More

Most people when discussing adverse possession claims in Washington are unwittingly referring only to one kind- common law adverse possession.  Technically, there are two basic species of adverse possession in Washington- claims based upon statute, and claims based on the common law. Common Law Elements: To establish a common law claim of adverse possession, the… Read More

Beresford Booth partner Andrew McKenzie recently served on the faculty of “Washington Land and Water Law: Ownership and Access 2023,” a continuing legal education seminar presented by HalfMoon Education, Inc. Andrew is a seasoned commercial litigator with significant experience in real estate related disputes. He also handles complex real estate transactions. The seminar is available… Read More

Lawyers and non-lawyers alike often get confused between legal documents which constitute personal liability and legal documents which secure the debt.  When you get a mortgage on your house or other property, the most common set of documentation included in the loan will include a promissory note and a deed of trust.  The promissory note… Read More

Generally speaking, making defamatory statements about people can subject you to liability, though there are some procedural considerations for plaintiffs seeking damages (see my prior blog post here. In the context of litigation, American courts have long recognized a “litigation privilege” which generally insulates litigants from liability for statements made in the course of litigation. … Read More

Most people have heard of probate, but many don’t know exactly what it is and why it is important.  Probate is the court process of settling and distributing the assets and liabilities of a deceased person’s estate.  Some assets are able to pass to heirs or beneficiaries without having to go through the process- those… Read More