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Category: Ethics & the Law

Illustration of pants on fire for an ethics column about correcting falsehoods
December 17, 2024 NWSidebar

Reckoning: The Duty to Correct Under RPC 3.3

Upon discovering that an earlier statement is not correct, three questions typically race through a lawyer’s mind: (1) Was the statement “material”? (2) How do I correct it? and (3) How long does the duty to correct last? In this column, we’ll look at all three.

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Illustration of seesaw, on the heavy end sits several huge white clocks. On the lighter end a woman sits at a desk with her head down on her keyboard.
November 12, 2024 NWSidebar

Hard at Work: Diligence Under RPC 1.3

For a one-line rule, RPC 1.3 on diligence produces a disproportionate share of professional discipline: 9 percent of disciplinary cases in Washington last year included violations of RPC 1.3.

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October 8, 2024 NWSidebar

RPC 4.3: Dealing With Unrepresented Persons

Dealing with unrepresented persons is so common across practice areas that we rarely stop to think about it, but the risks flowing from RPC 4.3 are many and varied.

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Two fists bumping, ethics sanctions motions
September 11, 2024 NWSidebar

Conflicts Arising From Sanctions Motions: An Analytical Framework

Even a cursory electronic search of Washington trial and appellate decisions will reveal that sanctions motions are relatively common.

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Image of black and white hands putting together two big red puzzle pieces.
July 10, 2024 NWSidebar

Good Help: Non-lawyer Assistants—Human and Virtual

In this column, Mark J. Fucile surveys the differing risk management considerations involved with legal assistants.

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June 11, 2024 NWSidebar

Deposition Misconduct: Rules, Risks, and Remedies

Mark Fucile discusses improper “coaching” during depositions and improper objections intended to impede the questioner.

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