Lee Smart - Pacific NW Law Office

Phone: 206.621.3490 Toll Free: 877.624.7990 Fax: 206.624.5944 Eml: sbf@leesmart.com

Mr. Franklin is a shareholder at Lee Smart, who concentrates his practice in insurance defense of legal malpractice claims, commercial litigation, and defense of business torts, including wrongful discharge, civil rights violations, and defamation. After attending the University of Washington, Mr. Franklin received his J.D. degree from the University of Washington Law School in December of 1966. Sam is an "AV" rated lawyer by Martindale-Hubbell Law Directory, its highest. He is a member of the Eastern and Western Districts of the U.S. Federal Court for the State of Washington and the Ninth Circuit. He is a member of the Washington State Trial Lawyer's Association, Defense Research Institute, the Washington Defense Trial Lawyers’ Association, and the Washington State Bar Association.

Representative Cases

Kimbrough v. Foulon, King County 2006 - defense of attorney on counterclaim for legal malpractice in action brought to collect attorneys fees. Defense verdict
Mesney v. Knudsen, King County 2005 - defense of legal malpractice claim based on attorney drafting unenforceable pre-nuptial agreement. Defense verdict
Tanzi v. Shulkin, Western District of Washington Bankruptcy Court 2005 - defense of legal malpractice claim in adversary proceeding. Defense verdict
Jenkins v. Pacific Northwest Bell; City of Seattle (1978) – A suit by homeowner for negligent infliction of emotional harm and property damage resulting from flooding of basement of a house in the Seattle Central District when defendant P2acific Northwest Bell negligently cut a side sewer. Jury verdict for $60,000.00 upheld by the Court of Appeals and King County Superior Court. Sam represented the plaintiff.
Mikulich v. Vasilatos (1986) – A suit by an unlicensed realtor for damages caused by breach of contract listing a condominium development with the plaintiff for sale. King County Superior Court judgment for $125,000.00, including $25,000.00 prejudgment interest on unliquidated amount. Upheld by the Court of Appeals. Sam represented the plaintiff.
Brothers v. Tacoma City Light (1985) – A suit for fraud in the sale of a resort at Lake Cushman by a third party to the plaintiff, who sued the City of Tacoma for negligent omission of material facts and information provided to the plaintiff as a prospective buyer. Verdict for $160,000.00 by Mason County jury. Sam represented the plaintiff.
Burrow v. Hyatt Legal Services (1989) – Defense of legal malpractice claim. Admitted breach of standard of care when attorney prematurely entered default decree of dissolution awarding custody to the client. Client sued for damages for subsequent loss of custody when default decree was vacated. Claimed negligent infliction of emotional harm, $250,000.00 general damages. Result: $3,600.00 judgment for the plaintiff.
Hansen v. Schefter (1990) – Defense of legal malpractice claim by clients of attorney claiming that attorney had been retained to pursue formaldehyde poisoning claim. Plaintiffs claimed multiple chemical sensitivity and impaired ability to function in normal environments. No claim as ever commenced against the alleged responsible mobile home manufacturer. The attorney admitted that the attorney-client relationship existed and consultation regarding the claim of formaldehyde poisoning, but denied being specifically retained to commence suit. Plaintiff's demand was $875,000.00. Result: defense verdict by a Pierce County jury.
Durfee v. Pickett (1991) – Defense of legal malpractice claim by client because attorney approved clearly erroneous jury instructions in underlying suit to collect on a promissory note which resulted in loss of the case to the client. Defense verdict based upon jury finding that judgment which should have been recovered in underlying case was uncollectible. Settled after the trial court granted new trial to plaintiff.
Borek v. Holum, et. al. (1992) – Defense of legal malpractice claim by client claiming loss of business opportunity because attorney representing him in prior bankruptcy had failed to void liens on residential property as allowed by the Code. Partial summary judgment against the defendant attorneys on liability. Plaintiff rejected a $50,000.00 settlement offer, demanded a minimum of $250,000.00. Result: plaintiff verdict for $10,000.00. Trial court denied motion by plaintiff for new trial.
Larson v. Reddington (1994) – Chelan County Superior Court. Defense of an accounting malpractice case. Client of CPA sued CPA alleging that accountant who provided him with professional assistance in the acquisition of an orthodontic practice had failed to follow the GAAP in the valuation of the assets which resulted in a loss of $200,000.00 +. Jury trial resulting in a defense verdict.
Newman v. Wood (1994) – Suit by minority shareholder claiming oppression, seeking distribution of constructive dividends. Judgment for $100,000.00 in Pierce County Superior Court. Sam represented the plaintiff.
Kim v. Rombauer (1995) – Defense of legal malpractice in suit by unrepresented buyer of small business against attorney escrow. Plaintiff claimed to be unsophisticated immigrant who was misled by erroneous and inadequate advice by attorney escrow. Result: defense verdict.
Valiquette v. Weyrich (1995) – Defense of legal malpractice claim by former client struck by snow plow by legally walking along side roadway. Attorney allowed statute of limitation to run. Result: Defense verdict.
Palmerton v. Gaul (1996) – Defense of variety of claims brought by former clients of an attorney claiming legal malpractice, violation of the Consumer Protection Act, breach of fiduciary duty, and fraud. Claims were premised primarily on the fact that the attorney's bills in the underlying litigation were approximately 6 - 7 times the original estimate, and the client's claims of unnecessary litigation, which among other things, had resulted in the imposition of significant monetary sanctions against the attorney, which the attorney reimbursed himself for from client trust funds. Result: After trial to jury in November, 1996, the jury returned a verdict assessing $13,000.00 damages against the attorney. The jury found no breach of the Consumer Protection Act and awarded the attorney $41,000.00 in attorneys' fees, which represented approximately 80% of the amount billed by the attorney.
Barrett v. Waldron (1997) – Pierce County Superior Court. Unsophisticated client, being represented by attorney in real estate litigation claimed to have consulted with his attorney prior to making an unsecured $50,000.00 commercial loan to his brother-in-law. Brother-in-law subsequently went bankruptcy and discharged the obligee. The attorney acknowledged assisting client with the transaction after it had been made and acknowledged the possibility of earlier conversations regarding the loan. The client's wife corroborated the client's version of the sequence of events. Result: Jury trial resulted in defense verdict on April 4, 1997.
Country Express v. Hansen, Baker, Ludlow, et. al. (1997) – Pierce County Superior Court and Court of Appeals Division, II. This was a defense of a trustee on a non-judicial Deed of Trust of Sale. The Trustee, during the sale, read a statement prepared by his predecessor trustee who had withdrawn two days before the sale because of charges of conflict of interest by the junior lienors and the debtor, since he was also attorney for the foreclosing lien creditor. The prepared statement appeared to denigrate and minimize the value of the property being sold. The property was purchased by the senior lien creditor at the Trustee's Sale on a credit bid. The debtor the junior lienor sued both the Trustee and his predecessor.

The summary judgment and order of dismissal of all claims against the attorneys was affirmed by the Court of Appeals, Division II in September, 1997.