A. Janay Ferguson is a shareholder with Lee Smart. Her practice focuses on complex civil litigation, the defense of professionals, and employment law.  Ms. Ferguson’s legal practice benefits from her career experience as a corporate financial analyst, which enhances her ability to evaluate business conflicts and seek practical solutions. She has defended attorneys, accountants, realtors, and businesses from a variety of claims, including those arising from the dissolution of closely held businesses, employment disputes, significant personal injury claims, and malpractice. Ms. Ferguson has successfully tried cases throughout Washington and successfully briefed and argued cases on appeal. A magna cum laude graduate of the Seattle University School of Law, Ms. Ferguson was a judicial clerk to Justice Charles W. Johnson of the Washington Supreme Court before joining Lee Smart, P.S., Inc. Washington Law & Politics named her a “Rising Star” in 2005, 2006, and 2009.

Representative Cases

• Albano, et al. v. Scott Real Estate, et al. - Represented more than 40 plaintiffs in asbestos exposure claim arising from construction renovations.
• Behr Process v. Multiple Defendants - Obtained dismissal with prejudice of all legal malpractice claims against professional arising from a consumer class action trial.
• The Bostonian Owners Association v. Bostonian, L.L.C., et. al. - Obtained summary judgment dismissal of product manufacturer from warranty claim.
• Centralbanc v. Edwards, et al. - Obtained summary judgment dismissal of professional from alleged fraudulent concealment claims arising from real estate transaction.
• Discrimination Case Against Fortune 100 Company - Negotiated settlement for employee alleging discrimination arising from race, religion, and national origin.
• King v. Seitz, et. al. - Secured settlement for minority partner in commercial partnership.
• New Horizon Christian Ctr. v. AHR Engineers & Surveyors - Defended professionals at trial from claim by adjacent property owners for professional negligence and tortious interference with business expectancy.
• Stefankiv v. Keo - Procured summary dismissal of trespass and nuisance claims against clients and successfully resisted appeal from dismissal.
• Stockpot, Inc. v. Wehah Farms, Inc. - Negotiated settlement of commercial dispute arising under the Uniform Commercial Code.
• Trimble v. Holmes Harbor - Defended attorney in class action suit brought by purchasers of municipal bonds.

Reported Cases

• Ehsani v. McCullough Family P'ship, 160 Wn.2d 586, 159 P.3d 407 (2007) — Washington Supreme Court reversed a Court of Appeals decision holding attorneys who distribute judgment proceeds from their trust accounts to clients must provide restitution of those funds if the judgment is reversed on appeal.