Around The Firm

David L. Martin has been named by Washington Law & Politics magazine as one of the top 100 lawyers in the state of Washington. Congratulations, Dave! … Washington Law & Politics has named Jeffrey P. Downer a litigation Superlawyer. The award recognizes skill in a lawyer’s practice area. The magazine previously named Lee Smart shareholders Dave Martin, Michael A. Patterson, Steven J. Jager, August G. Cifelli, and Richard C. Robinson as Superlawyers.

Joel E. Wright and Jennifer M. Ilenstine won dismissals for attorney clients in Cunningham v. City of Wenatchee and Gausvik v. Perez, two federal civil-rights claims arising out of the Wenatchee "sex ring" prosecutions in Chelan County in the mid-1990s. Plaintiffs alleged that their attorneys inadequately defended them in the criminal cases and violated their civil rights. But federal law requires "state action," and attorneys are not "state actors" because they owe undivided loyalty to their clients, whose interests conflict with the state’s. The federal court dismissing the federal claims and then dismissed the remaining state claims because they declined to exercise supplemental jurisdiction. … Joel E. Wright and Stacy D. Heard won a summary judgment motion dismissing plaintiff's claim in Christensen v. Walker, a legal-malpractice action arising from a family-law case. Plaintiff claimed that the attorney violated ethical rules governing his acting as an intermediary in assisting the plaintiff and her ex-husband in their dissolution. Plaintiff agreed to the attorney’s role in several documents, including the fee agreement and separation agreement. The court dismissed the claims against of Joel and Stacy’s client.

Tammy L. Williams and Shahzad Q. Qadri won summary judgment dismissal in Godfrey v. Argonne Family Restaurants, a premises-liability case in Spokane. Plaintiff alleged that she tripped on a raised sidewalk leading into a restaurant. The judge agreed that the sidewalk was not dangerous, and there was no evidence of prior incidents in the area. He noted, "80 percent of the sidewalks in Spokane are in worse condition than this sidewalk," and that plaintiff had used this sidewalk to enter the restaurant on three prior occasions without difficulty. … Philip B. Grennan and Aaron V. Rocke won the real-estate malpractice action of Case v. Langer. Plaintiff bought beachfront property that had large rocks as breakwater. The Army Corps of Engineers had told the seller and other landowners that they might have to remove the rocks, but the issue was unresolved. After the sale to plaintiff, the federal government sued for removal of the breakwater. Plaintiff sued the seller, who then sued her real estate agent, claiming that he negligently assisted her filling out a property-disclosure form. Phil and Aaron moved for summary judgment on the agent’s behalf, arguing that the seller had no right to rely and that the seller had possessed more information than the agent did. The court agreed and dismissed the claims against Phil and Aaron’s client.

Mike Patterson, Duncan K. Fobes, and Marc Rosenberg won Pruitt v. Island County, a wrongful-death road-design claim, on summary judgment. Mike persuaded the court that the state, not the county, had de facto control over the design and maintenance of the county road in question.