Recent News

When Privilege Slips: Inadvertent Disclosure and the Consequences for Counsel

Washington State Litigation and Real Estate Lawyer Zachary M. Smith | 11/4/2025
Even the most careful lawyers can make mistakes during discovery. One of the most serious is the inadvertent disclosure of privileged or work-product material. When that happens, the consequences can be severe, including waiver of privilege, discovery sanctions, ethical violations, and the loss of client trust. An inadvertent disclosure happens when a party accidentally produces… Read More

Understanding Appeals and Discretionary Review in Washington State

Washington State Litigation Lawyer J Patrick Diener | 10/22/2025
When a trial court makes a decision that doesn’t go your way, it can feel frustrating or unfair. Fortunately, you may have the option to ask a higher court to review that decision. However, not every ruling can be appealed automatically, and not every appeal works the same way. In Washington state, there are two… Read More

The Cost Of A Mistaken Recording!

Washington State Litigation Lawyer Andrew M. McKenzie | 10/8/2025
Washington State’s recording system is designed to make it easy for the public to see who owns what interests in real estate.  When someone conveys an interest in real estate, the conveyance is generally effective upon delivery of the document embodying the conveyance.  However, if you want that conveyance to be binding upon future grantees… Read More

What Determines The Cost Of Litigation?

Washington State Litigation Lawyer Andrew M. McKenzie | 10/1/2025
The American legal system is one of advocacy.  That means that generally speaking, the court in a dispute does not do its own investigation to get to the truth of the matter; rather, it relies upon the parties and their counsel to plead their positions with evidence and legal arguments.  The court then weighs the… Read More

Did You Settle That Lawsuit? Are You Sure?

Washington State Litigation Lawyer William O. Kessler | 9/23/2025
A “CR 2A agreement” refers to Washington Superior Court Civil Rule 2A (SEE HERE). This rule means courts will enforce a settlement when it meets certain criteria, even when the lawyers have not yet drafted a complete and detailed settlement agreement. Lawyers in Washington state must exercise great care when they discuss settlement in writing.… Read More

RCW 64.50: Builders, Give Defect Notice Before Work Begins

Washington State Litigation and Real Estate Lawyer Trevor H. Lane | 9/18/2025
In Washington, homeowners (and associations)[1] of newly constructed or substantially remodeled[2] residential projects[3] have a unique vehicle to sue builders.[4] Under the Construction Defect Claims Act (RCW 64.50), for up to six years homeowners can sue builders for damages arising from alleged construction defects. Homeowners often rely on these Defect Claims after the common one-… Read More

Uneven Ground: Pro Se Litigants Facing Represented Parties

Washington State Litigation and Real Estate Lawyer Zachary M. Smith | 8/26/2025
The Washington Court of Appeals’ decision, Zhi Feng v. Xiaoqiang Wu et al., addressed such a situation. In Feng, a real estate broker represented himself in a lawsuit and subsequent settlement negotiations following a failed real estate deal.  Ultimately, the real broker ended up with some costly unintended consequences.  Misunderstanding the language and terminology used… Read More