Recent News

There are many forms of privilege which may render certain evidence or information inadmissible or can act as a complete defense and bar to claims and lawsuits. One of these privileges which can operate as a complete bar to recovery is the litigation privilege doctrine. The litigation privilege is a judicially created privilege that protects… Read More

Partition is a legal cause of action stemming from common law, but now a statutory right for property owners (RCW 7.52). If you own a property with another person, you are likely tenants-in-common. Partition allows one owner to force a sale of the property – either at auction or on the market – if your… Read More

Real estate syndications are often built on optimism. Investors gather around a promising apartment acquisition, development opportunity, or value-add project with the expectation that the sponsor will execute the business plan, distribute returns, and communicate clearly along the way. In strong markets, many problems remain hidden beneath rising property values and easy refinancing conditions. When… Read More

In this webinar, Attorney J.P. Diener discusses "Expectations and Realities of Litigation" Read More

Washington State’s Unfair Business Practices Act, commonly referred to as the Consumer Protection Act, or “CPA,” generally makes it unlawful for people or businesses to engage in unfair or deceptive acts or practices in the conduct of any trade or commerce.  It can be a powerful tool for consumers to get justice.  Generally speaking, to… Read More

I am one of a number of attorneys defending attorneys and law firms against legal malpractice claims brought by an insurance company, in the case Great American E&S Insurance Company v. Houston Casualty Company, et al.[1]  This case may eventually go to the Washington Supreme Court but, for today, the Court of Appeals has extended… Read More

At some point in your dissolution matter, you will have to conduct discovery. Discovery is the process by which both parties exchange information and documents, primarily financial. This can be done through agreement or through formal discovery, which consists of interrogatories and requests for production. Interrogatories are questions the client must answer under penalty of… Read More

In civil lawsuits, each side normally pays its own legal bills. However, a contract, statute, or “recognized equitable doctrine” may force the loser to pay the winner’s fees and costs. A recent Washington Court of Appeals decision called Fid. Nat’l Title Ins. Co. v. Horton examined three arguments for awarding attorney fees. In June 2021,… Read More

While receiving a letter from an attorney can lead you to jump to worst-case scenarios, it does not always mean you’re being sued. Attorneys send letters for many reasons, whether it is formal communication or to resolve issues before they escalate into legal disputes. There is a broad scope of what type of letters exist.… Read More