A bar association, such as the Washington State Bar Association (“WSBA”), or the American Bar Association (“ABA”) is a professional body of lawyers. But where did the term “Bar” come from?  Here are a couple of theories on the subject.

Most authorities contend it refers to a traditional courtroom which includes a railing or bar separating the area for general spectators from the area reserved for judges, attorneys, juries, civil litigants, criminal defendants and court officials.  Referring back to the development of our American judicial system which followed many of the English traditions, some have argued...Read More

As a member of the drafting committee of Washington’s LLC Act, RCW 25.15 (the “Act”), I know the difficulty associated with drafting. The committee spent years pouring over the Act and continues to work to improve it.  One of the issues that has provided some difficulty is an apparent contradiction between the dissociation provisions of RCW 25.15.131 and the transfer provisions of RCW 25.15.251.

The Conflict – Dissociation vs. Transfer

The dissociation provisions of the Act specify, among other things, several different ways a member becomes dissociated from an LLC. One way a member becomes dissociated...Read More

When purchasing a home, buyers have a daunting amount of matters to focus on...how much earnest money to put down, how to structure an offer, how to address financing, how to address inspection contingency results, and more.  One matter which often gets lost in the shuffle, however, is title insurance,  A purchaser who enters into an agreement to buy real property, and who obtains financing, will have to obtain a policy of title insurance.  To some, title insurance may seem like little more than just another document in the mountain of documents relating to the purchase of a...Read More

Question: I’m in the military married to (or have recently adopted) a person who is not a U.S. citizen. What do I do if I’m being sent overseas and my spouse/child has not yet met the residency requirement to be naturalized?

You have recently created (or add to) your U.S. military family. From the multiple veterans, military spouses and “brats” at Beresford Booth, welcome to the club! If you have married or have adopted a person who has not yet been naturalized and you have been notified of an upcoming overseas assignment, you are probably feeling pretty...Read More

Many “good ideas” today take direction from other “good ideas” before them. This blog, for example, takes inspiration from other “bloggers” in the legal community, such as my friend Tom Rutledge, an expert in business entity law from Kentucky. I will certainly refer to Mr. Rutledge’s blog in future posts as he offers unique insight into business entity legal issues.

One aspect of Mr. Rutledge’s blog I enjoy is his recurring posts citing examples of judicial opinions identifying LLCs, as “limited liability corporations.” Limited liability corporations, of course, do not exist. However,...Read More

The Big Dipper is a club in Spokane known for its lively music and fantastic atmosphere. Unfortunately, it became the center of an ugly dispute between co-owners (and friends), which culminated in (almost certainly) the end of a friendship and the recent unpublished appellate decision, Brower v. Hoerner, No. 36442-9-III, 2020 WL 1282511 (Wn. App. Mar. 17, 2020). The decision raises interesting questions regarding LLC membership dissociation, a topic rarely discussed in Washington courts.

Facts

In Brower, plaintiff Brower and defendant Hoerner formed a partnership sometime before October 2013. As longtime friends, the two were...Read More

Real estate brokers in Washington frequently confront situations where they must carefully navigate to avoid acting as lawyers.  In Washington, it is a misdemeanor to engage in the “unauthorized practice of law.”  Court rules define the practice of law as “the application of legal principles and judgment with regard to the circumstances or objectives of another entity or person(s) which require the knowledge and skill of a person trained in the law.”  While this ordinarily requires licensure by a lawyer, the rule provides an exception for “[s]uch other activities that the Supreme Court has determined by...Read More

Increasingly, many property owners find themselves living in condominiums governed by associations.  A condominium association typically has several governing documents that enumerate rights and responsibilities of the owners and the Board of Directors, such as a declaration, bylaws, and rules and regulations.  One of the major aspects of community living consists of enforcement of the rules and regulations, which often affect the day to day activities of the owners in significant ways.  As a result, an association’s ability to enforce reasonable rules and regulations is of paramount importance.

By statute, and unless otherwise contradicted in their...Read More

David Tingstad and Bill Kessler speak about the new PPP application for loan forgiveness.

On June 24, 2020, Washington Secretary of Health John Wiesman (the “Secretary”) issued an Order requiring “Face Coverings – Statewide” effective June 26, 2020. This blog entry discusses how we got to this point, the Secretary’s authority for the new Order, and an overview of the new facial covering requirements.

How Did We Get Here?

In early May 2020, Washington Governor Jay Inslee announced his plan for reopening Washington State. The Safe Start Washington phased reopening plan originally rolled out on May 4, 2020, and later modified...Read More