Recent News

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

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

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

In this webinar, Attorney Nicholas D. Gross discusses Police Use of Force - What Does "Reasonable and Necessary" Mean? Read More

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

Last month, my colleague JP. Diener wrote an excellent article here outlining many considerations that a litigant must review before pursuing an appeal. As he noted, an appeal does not allow a claimant to fully re-argue the case or present new evidence. It is not the proverbial second bite at the apple. Instead, it often focuses on… Read More

When people hear “expert witness,” they may think about shows like CSI, where a scientist can evaluate things like blood samples or DNA to determine who committed the crime. While expert witnesses certainly play an important role in some criminal matters, expert witnesses can be vital to the outcome of civil cases. This article explores… Read More

If you’ve just received an unfavorable ruling in your civil litigation matter—whether it’s a real estate dispute, business lawsuit, trust or estate case, or family law proceeding—it is natural to feel frustrated, disappointed, or even overwhelmed. You’ve invested significant time, money, and emotional energy into your case. You may be wondering whether you have any… Read More

There is no denying that litigation is expensive. As a result, clients often ask their attorney whether attorneys’ fees are recoverable. Often times, the answer is, “no.” The reason is because, under the American rule, attorneys’ fees are generally not recoverable unless attorneys’ fees are authorized by contract, statute, or recognized ground of equity. This… Read More