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Who Pays for Attorneys Fees in Litigation?

One of the first questions asked of me by clients when considering litigation is, “Can I make the other side pay for my attorney’s fees?”  In Washington State, the answer to that question is generally no.  This is referred to as the “American Rule.” Courts have reiterated their support for the American Rule because (1)

The Check is(n’t) in the Mail: The Cause of Action of ‘Account Stated’

“You just remember what ol’ Jack Burton always says at a time like that: ‘Have you paid your dues, Jack? Yes sir, the check is in the mail.’” -Big Trouble in Little China, 1986. You are a homeowner who hires a contractor to come regularly to your property for routine maintenance. At first, everything seems

Privacy in the Workplace: Employee Surveillance

(This blog is the first installment in a multi-part series regarding privacy in the workplace.) Employers often seek to monitor or surveil their employees in the workplace. Though workplace monitoring, searches, and surveillance can be a valuable tool for any employer, doing so is not without risk. Employers should make sure their workplace search, monitoring,

Got a Civil Complaint? Just Don’t Get SLAPPed

Your next-door neighbor has a bone to pick with you. Maybe he thinks you have encroached onto his property. Maybe he is mad about a fence you put up on the property line. Maybe he just isn’t in a good mood. Whatever the reason, he has decided that instead of dealing with his problems in

Commercial Litigation in the Time of COVID-19

It is undeniable that COVID-19 has affected all of our lives in more ways than we might ever have imagined. It is unsurprising that COVID-19 is affecting the way the Courts operate. In Washington State the Courts are adapting and setting up new guideline that allows pending litigation to continue and new matters to be

Home Sweet Homestead

UPDATE: On May 12, 2021, Washington enacted significant revisions to the Homestead statutes. These revisions may potentially and significantly increase the dollar amount of your homestead exemption. As of May 12, 2021, the homestead exemption has changed to be the greater of 1) $125,000.00, or 2) the “county median sale price of a single-family home

The Appealing Truths to a Second Bite at the Apple: Why a Civil Appeal Might be Right for You

Our civil rules encourage settlement. Settlement prevents the “winner take all” scenario and encourages the efficient use of court resources–trials are time-consuming and expensive. Although avoiding the courtroom altogether may sound appealing (pardon the pun), remember that you do not need a jury verdict to appeal your case. Here are some things to consider in