Fall 2017

Defense News Fall 2017
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Table of Contents
Message from Incoming President
by Lori O'Tool
As WDTL’s incoming President, I am grateful for having served on its board, its Executive Committee, and to now lead our over 700 civil defense trial lawyer members.  Working with my fellow board members and our very capable Executive Director Maggie Sweeney, this year I enthusiastically look forward to bettering our organization through relevant programming, improved communication, and opportunities for service while remaining fiscally responsible.
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Notes from the Editor's Desk...
Welcome to the Fall edition of the WDTL Defense News. We recently updated to a new format, so now all articles are public and searchable on the WDTL website. Please contact us if you have questions about the new format. And, as always, we appreciate submissions for the WDTL Defense News. We will accept articles for the Winter Edition until January 11, 2018. Happy holidays, and we’ll see you in 2018!
Kyler Danielson, Editor
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You May Now Be Excused
By: Jeffrey M. Dore
Attorneys make mistakes.  Recently a colleague and I were presented with a case in which our client was served with an amended complaint after the statute of limitations had expired.  Our client was not a named defendant in the original complaint.  When we investigated whether the amended complaint would relate back to the date of the original filing, we discovered that the inexcusable neglect exception to the relation back doctrine (an exception that applied to our client’s circumstances in that case) is likely to be eliminated the next time it is considered by the Washington Supreme Court.
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There are Heroes Amongst Us
by Heather Proudfoot
Wow.  Let’s list them.  Massive flooding and monsoons in South Asia; hurricanes in Houston, Florida, Georgia, the Virgin Islands, Puerto Rico and six other island nations in the Caribbean; earthquakes in Mexico; mass executions and injuries in Las Vegas; an erupting volcano in Bali; thousands 
of terrorism murders and injuries worldwide.  I could go on, but I am listing things off the top of my head and my brain is no longer what it used to be. 
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Your Mom Doesn’t Click Here: How Phishing Attacks Prey on Emotion and Exploit Trust
By: David Leonhardt
Just because you’re paranoid doesn’t mean they aren’t out to get you . . .” or so the saying goes. In the context of phishing emails though, the more accurate rendering is, “They are out to get us all.”  Reading that has me wanting to shift into Dan Aykroyd mode, putting on some dark sunglasses and shouting, “You, me, them, Everybody! Everybody!” And then I’d belt out the lyrics to Everybody Needs Somebody to Love and we’d all go home happy.
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Yakima Judicial Reception
By: Holly Brauchli
It’s funny that Yakima always surprises me.  I have been there enough by now that I should stave off the temptation to undervalue an agricultural community that has jaw-dropping views of Mount Adams and Mount Rainier when cresting into the Valley on Interstate 82. (Although, on this  trip  I learned the true secret is Route 821).  And while a beautiful venue, Yakima’s stock is its people. 
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2018 Expert Witness Directory - Book Review (SEAK, Inc. – 2018).
By:  James E. Baker
I received the latest copy of this expert witness directory, which is a complimentary publication that is distributed throughout the nation. The company must pay a fortune to send out these directories. I have received this publication over the years but I do not remember ever using it. There have been reviews of The Bluebook: A Uniform System of Citation. It is time for this expert witness directory to be reviewed.
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Member Spotlight: Maggie Sweeney
By: Kyler Danielson
For this special edition of the Member Spotlight, we are pleased to highlight Maggie Symons Sweeney, the Executive Director of WDTL. While not an official “member,” Maggie is integral to WDTL’s administration.

Maggie has been active with WDTL for over fifteen years. Beginning as a member in 2001, she was hired as WDTL’s Executive Director in 2014. This year, she is the sole recipient of the 2017 DRI State or Local Defense Organization (“SLDO”) Executive Director award.
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Do Not Forget Client Consent
By: Christopher Howard
All insurance defense attorneys representing an insured hopefully know who the client is. Historically, there may have been some confusion, but when you are retained to represent an insured, the engagement should be clear that the client is the insured. Washington’s Tank v. State Farm standard, which clarifies insurance defense lawyer loyalties, is revisited in the recent Arden v. Forsberg case. Because Arden will be thoroughly addressed in a future Defense News, this article considers an occasionally overlooked requirement: the insured provide consent to representation under RPC 1.8(f). This issue has been illuminated recently by Washington courts.”
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The Death of Provocation
By:  Brian Augenthaler
One night in the late-90s, off-duty Boise police detective David Smith drove an unmarked patrol car with his wife and daughter. They had just finished working a Neil Diamond concert (the officer as security and his family as ushers). Detective Smith was suddenly overtaken by a speeding car. The speeding car careened into the oncoming lane. It nearly collided with another motorist.
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Welcome New WDTL Members
Jeffrey Dore, Betts Patterson & Mines

Kenneth Hart, Carney Badley Spellman

Heidi Hegewald, FAVROS Law
Referred by Jake Winfrey

Shannon Huff, Rai & Barone, P.C.

Tyler Kerr, Preg O'Donnell & Gillett

Referred by Lori O'Tool
Kerry Michaelson, Allstate
Referred by Vivienne Alpaugh 

Nicholas Major, Scheer Law Group

Alexandra Ormsby, Forsberg &
Umaluf, P.S.

Scott O'Donnell, Keating Jones Hughes PC

Caitlyn Portz, FAVROS Law

Nicole Wolfe, Fallon, McKinley & Wakefield
Thank you WDTL Core Sponsors
Please support the WDTL Core sponsors.   Click here for the full list.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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