Seattle Attorneys Blog

Washington Supreme Court Holding Limits Protection of Rule 3.1 in DUI Case

October 9, 2015 | by Blair & Kim, PLLC

The Washington Supreme Court recently published an opinion in the case of State v. Fedorov, addressing the issue of whether a police officer’s presence in the room where the defendant was speaking with his attorney violated CrR 3.1, the rule-based right to counsel. The defendant moved to suppress the results of a breath alcohol concentration (BAC) test based on an alleged violation of CrR 3.1. The lower courts denied the defendant’s motion, and the defendant appealed his subsequent conviction.

Under Washington law, when a person is taken into custody, he must be immediately advised of his right to a lawyer and the opportunity to consult with a lawyer without charge if he cannot pay for one. CrR 3.1(c)(1). At the earliest opportunity, a person in custody who desires a lawyer shall be provided access to a telephone, the number of the public defender or official responsible for assigning a lawyer, and any other means necessary to put the person in communication with a lawyer. CrR 3.1(c)(2). The Fedorov court further explained that unlike the Sixth Amendment right to counsel under the United States Constitution, CrR 3.1 is more limited and provides only the opportunity to speak to counsel, rather than requiring actual communication with an attorney.

Property Divided Upon Dissolution

September 30, 2015 | by Blair & Kim, PLLC

As part of the dissolution of marriage process in Washington, according to RCW 26.09.080 “the court shall, without regard to misconduct, make such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable after considering all relevant factors…” Prior to dividing property and liabilities, the court must identify what property exists. For the most part, it is the job of the parties and their lawyers to show the court what property needs to be divided. At times, the identification of property can be difficult. (It should be noted, while the courts will divide property if asked to do so, it is also an option for most couples to divide their own assets and liabilities without court intervention.) Below, we provide a few examples of property that is sometimes overlooked during the dissolution of marriage process. Continue reading

Washington Appeals Court Examines Jury Award in Car Accident Case, Affirms Judge’s Grant of Additur

September 25, 2015 | by Blair & Kim, PLLC

In a newly issued opinion, the Washington Court of Appeals discussed the issue of jury awards in personal injury claims and under what circumstances they may be overturned or altered. In Nelson v. Erickson, the plaintiff brought a negligence claim against a driver who rear-ended him. The case was initially transferred to mandatory arbitration pursuant to Chapter 7.06 RCW. The arbitrator awarded the plaintiff medical damages, out-of-pocket expenses, general damages for pain and suffering, and attorney’s fees and costs. The defendant then requested a Mandatory Arbitration Rule trial de novo, and a jury trial was held.

Before the trial, the defendant admitted liability for the car accident, and the parties stipulated that the plaintiff incurred $9,361 in medical expenses. During the three-day trial, the plaintiff put forth evidence of the medical treatments and expenses he had incurred and would continue to require as a result of the chronic pain suffered from the accident. The jury returned a verdict awarding the stipulated medical expenses, past medical expenses, and past non-economic damages, as well as future medical expenses to treat his chronic pain, but it failed to award the plaintiff any future damages for pain and suffering.

Three Issues to Consider When Choosing an Attorney

September 22, 2015 | by Blair & Kim, PLLC

When confronted with a legal issue, many people have to go through the process of choosing an attorney for the first time. Choosing the right attorney for the legal issue you face is an important decision. As attorneys, we understand the importance of choosing the right attorney for you and your case, and with that we provide these issues to consider when choosing an attorney: Continue reading

Washington Court Holds That Defendant’s Previous Conviction Elevates DUI to Felony Charge

September 15, 2015 | by Blair & Kim, PLLC

In a recently published opinion, the Washington Court of Appeals addressed the issue of whether a defendant’s prior Alford plea could elevate a subsequent driving under the influence (DUI) offense to a felony charge. In State v. Bird, 352 P.3d 215 (Wash. App. 2015), the state appealed the trial court’s decision dismissing the felony DUI charge against the defendant. The Court of Appeals agreed with the prosecution and reversed the trial court, holding that the defendant’s previous conviction for vehicular assault served as a predicate offense enabling the state to charge him with a felony DUI.

In 2009, the defendant entered an Alford plea to vehicular assault under all alternatives, which was accepted by the court. The defendant’s statement on the guilty plea acknowledged that he drove a vehicle while under the influence of alcohol and caused substantial bodily harm to another individual. The court subsequently entered a felony judgment and sentence, finding the defendant guilty on a plea of “Vehicular Assault—All Alternatives,” with “DUI” handwritten over the charge. In 2013, the defendant was arrested after being stopped by police for erratic driving. The officers stated that the defendant was slurring his speech, had red eyes, and performed poorly on field sobriety tests. The defendant also blew a .138 on a portable breath test administered by the officers. Due to his 2009 vehicular assault conviction, the DUI was elevated to a felony offense.

Divorce and the Discovery Process: Five Areas of Focus

September 14, 2015 | by Blair & Kim, PLLC

During a Washington State Divorce a divorcing spouse will have the ability to ask questions (through interrogatories or depositions), request documents, and ask for admissions from the other party (and third parties); this process is called the discovery process. Here are five areas that divorcing people should focus their attention on during the discovery process. Continue reading

Preparing For Divorce: Your Relationship With Your Kids

September 1, 2015 | by Blair & Kim, PLLC

After last week’s blog post about preparing yourself for divorce (called dissolution of marriage in Washington State) we had more to say on how to prepare your relationship with your children for your divorce and subsequent two-house family. (Please note, this article is also relevant for non-married couples with children when the parents are planning to separate.) The end of a marriage can be very difficult for children. In this article we write only about the issues related to your legal case (though oftentimes what is in the best interest of your legal case is also in the best interest of your child’s emotional health). We recommend that if you have any questions about how to guide your child emotionally, you speak to a person trained to assist with children’s emotional well-being (for example, a counselor or psychologist).

Four Ways to Prepare for a Potential Divorce

August 23, 2015 | by Blair & Kim, PLLC

People often spend months or years considering whether to get divorced (called dissolution of marriage in Washington State). This time should not be wasted. There are things that should be done in case your marriage does come to an end. Here are a few things to consider doing in the time leading up to the filing of a petition for the dissolution of marriage: Continue reading

How to Protect Yourself if Your Former Spouse Refuses to Pay Debts

August 15, 2015 | by Blair & Kim, PLLC

After a divorce (called dissolution of marriage in Washington State), most people feel relieved and ready to move on with their lives. Unfortunately, in some instances the divorce decree is not the end of their dealings with their former spouse. Of course this is true for people who have children together – as we’ve all witnessed these former spouses are bound for eighteen years (or in most cases life), but even former spouses that do not share children may be bound through their shared debts. While a property division as part of the divorce decree may assign community debts to one party or the other, this assignment does not impact the agreement the spouses already made with the credit card company, mortgage company, or other financing institution to be jointly and severally liable for any remaining debt. This means the creditor could still come after the party that was not assigned a debt if the assigned party does not pay. There are a few ways to help reduce the chance that these liabilities will continue to wreak havoc on your life (and your credit). This article discusses some of the most commonly used protections.

Three Areas of Law That Frequently Intersect with Family Law Cases

July 31, 2015 | by Blair & Kim, PLLC

In addition to traditional family law issues, family law attorneys must be prepared to work with clients dealing with issues outside of the family law arena. Family law attorneys often encounter clients dealing with tax law, criminal law, and immigration law issues. It is important that a family law attorney is able to spot potential issues in other areas of law and either advise their clients of the potential problem areas, or be prepared, as necessary, to refer them to attorneys that practice in the other areas. Continue reading