Recent News

Malicious Prosecution in Civil Cases

Washington State Business Law and Litigation Lawyer J Patrick Diener | 9/7/2022
When I am defending a client in a civil lawsuit, I often hear a variation of this question: “Can I sue them for suing me?”  This is a typical reaction to being sued, because you may feel angry and offended and want to lash out and punish the other side just for filing a lawsuit… Read More

The Best Qualities of Outside Litigation Counsel

Washington State Litigation Lawyer J Patrick Diener | 7/19/2022
Your company may have its own lawyer on staff, or even a full legal department. While having a lawyer on staff can be invaluable as a ready source of daily advice and review, when it comes to litigation, outside counsel is a must. Litigation is absorbing and time consuming, and if your in-house counsel is… Read More

Trust and Estate Litigation: Forcing the Removal of a Personal Representative or Trustee

Washington State Litigation Lawyer J Patrick Diener | 5/25/2022
A personal representative or administrator of an estate stands in the shoes of the deceased person for the express purpose of wrapping up their worldly affairs.  The trustee of a trust is responsible for maintaining the property in the trust in a way that maximizes the benefit received by the beneficiaries of that trust.  In… Read More

Dispute Resolution: Litigation vs. Arbitration vs. Mediation

Washington State Litigation Lawyer J Patrick Diener | 4/29/2022
Conflict is a natural part of business.  If you need convincing, just watch the cable TV show Billions. Conflict can arise between neighbors, between family members, and even between perfect strangers.  When a dispute results in injury, it may be time to hire a litigation attorney.  The primary job of a litigation attorney is to… Read More

Construction Contracts: Why a Handshake Is Not Enough

Washington State Litigation Lawyer J Patrick Diener | 3/17/2022
One might think that the “handshake deal” is a thing of the past but it continues to thrive in the construction industry.  After representing many contractors in various lawsuits with owners and other contractors, I have concluded that almost everything comes down to the quality of the contract between parties.  Surprisingly, as often as not,… Read More

Litigation on the Links: Problematic Golf Balls

Washington State Litigation Lawyer J Patrick Diener | 1/10/2022
The golf course is a haven of relaxation and fun for all ages.  But even amid the peace and majesty one may experience at any given hole, there is plenty of frustration and disappointment to be had—and not just the kind that results from a recurring slice.  Golf courses and golfers often find themselves embroiled… Read More

Trade Secrets: An Introduction to Intellectual Property in Business

Washington State Litigation Lawyer J Patrick Diener | 11/15/2021
As a business owner, it is useful to understand that, in addition to owning real property and personal property, you can also potentially own intellectual property (or “IP”, for short).  While the rules surrounding real and personal property ownership can be difficult to follow, the law of intellectual property can be downright baffling.  IP covers… Read More

You’ve Been Sued: Now What? The Litigation Process

Washington State Litigation Lawyer J Patrick Diener | 9/29/2021
A process server showed up at your door and handed you a stack of legal documents.  After review, you realize you’ve received a Complaint and a Summons, and you can deduce that you are being sued.  What should you do now? Part 1:  Hire an Attorney Everyone has a choice to represent themselves in a… Read More

Will Contests: Who, When, Why, And How

Washington State Litigation Lawyer J Patrick Diener | 8/3/2021
A person close to you passed away and you are devastated.  Sometime after, someone files a last will and testament for your loved one in the court and begins the probate process.  You review the will and realize there is something terribly wrong.  Maybe the will doesn’t appear genuine, maybe it gives a giant chunk… Read More