Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Washington

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WA: The Expert Must Be Heard!

Posted in Case Within a Case, Expert Witnesses, Family Law, Litigation, Washington
Aubin v. Barton, 123 Wash. App. 592 (2004) WA: Underlying Divorce Action Student Contributor: Ben Doyle Facts:  Client sued  attorney for malpractice following attorney’s representation in the dissolution of marriage. Client claimed that attorney’s conduct at a settlement conference did not meet the standard of care. Client was the grantee of stock options. Attorney failed… Continue Reading

WA: No Assignment of Legal Malpractice Cause of Action

Posted in Litigation, Washington
Kim v. O’Sullivan, 133 Wash. App. 557 (2006) WA: Underlying Personal Injury Action Student Contributor: Ben Doyle Facts: Client was sued by injured party following a bar fight. Client believed that Defendant attorney who was assigned to represent client by insurance company committed malpractice. As a part of the settlement in the underlying action, Client… Continue Reading

WA: Attorneys May Not Subtract Contingency Fee From Legal Malpractice Damage Award

Posted in Damages, Washington
Shoemake v. Ferrer, 225 P.3d 990 (WA Feb. 4,  2010).  Facts:  After attorney Ferrer mishandled Plaintiffs’ personal injury case and failed to advise them of a $100,000 settlement offer, Plaintiffs sued for legal malpractice and asked for the full amount they would have received in settlement, without subtracting Ferrer’s contingency fee, plus interest. The trial… Continue Reading