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Most passive real estate investments begin with a simple promise. Investors contribute capital, the sponsor executes the business plan, and everyone shares the profits generated by the property. Unfortunately, real estate projects rarely unfold exactly as projected. Construction costs increase. Interest rates rise. Lease-up periods take longer than expected. Refinancing opportunities disappear. Operating expenses climb.… Read More

Nearly two thousand years ago, the ancient Roman legal system developed a series of maxims having general applicability in court.  Around the year 161, the jurist Gaius wrote a textbook, “Institutes,” in which he set forth his philosophy of the legal status of persons, things, and civil procedure.  Gaius’s treatise became largely integrated within Roman… Read More

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