Just a few of Lee Smart's significant reported appellate decisions in the area of legal-malpractice defense are Estep v. Hamilton , 148 Wn. App. 246, 201 P.3d 331 (2008) (attorney making Rule 68 settlement offer entitled to award of costs against former client if offer is rejected and attorney obtains summary judgment); Ang v. Martin , 118 Wn. App. 553, 76 P.3d 787 (2003), aff'd 154 Wn.2d 477, 114 P.3d 637 (2005) (adopting law in Washington that criminal malpractice plaintiff must prove actual innocence by preponderance of evidence in addition to negligence elements of duty, breach, proximate cause, and damages); Aubin v. Barton, 123 Wn. App. 592, 98 P.3d 126 (2004) (reversal of judgment where trial court erred in excluding expert testimony); Gausvik v. Perez , 239 F. Supp. 2d 1047, 1050 (E.D. Wash. 2002) (Public defender is not state actor for purposes of 42 U.S.C. § 1983 claim, and federal court declined supplemental jurisdiction on state law legal malpractice claim); Harrington v. Pailthorp , 67 Wn. App. 901, 776 P.2d 971 (1992) (defines the duty of lawyers to non-clients); McKasson v. State , 55 Wn. App. 18, 776 P.2d 971 (1989) (defines limited right of non-clients to sue); and Smith v. Simonarson , 56 Wn. App. 513, 784 P.2d 552 (1990) (failure to record judgment and effect of automatic stay).