One of the more popular quotes you hear in business and leadership development circles is, “Knowledge is having the right answer; intelligence is asking the right question.”

I recognize the wisdom in that statement having just finished work on a high-profile Chapter 11 bankruptcy proceeding that concluded with a confirmed, consensual plan. Our firm was retained in this particular case by counsel for the senior, secured creditor who was seeking an expert opinion on the feasibility of debtor-provided projections included in a reorganization plan.

A new client calls your office. He explains how he was injured on the job. You figure, “great, a new worker’s compensation case!” After listening further, the client tells you he works for the US Postal Service. A federal employee. You immediately stop the conversation and tell the client you don’t handle federal workers’ compensation cases, and what’s more, you don’t know anyone who does. The client hangs up and is left on his own.

The empirical data on the adjudication of allegations of negligent conduct by defendant entities by laypersons in a courtroom setting demonstrates the plenary role of heuristics leading jurors to utilize the peripheral route when cognitively processing the voluminous data conferred upon them. In fact, it was Richard E. Petty and John Cacioppo who developed the dual process theory of the ontogenesis and augmentation of disposition by the layperson, which we now call Elaboration Likelihood Model or ELM for short. ELM considers the variables of attitude change approach. Central and peripheral routes impact conceptualization, retention, re-verbalization and the modification of longitudinal comportment. We would recite key findings and lessons directly from the journal publications, but we worry you would find them too pedantic.

“Always Appealing” is a column addressing current issues in appellate practice and recent appellate cases written by the lawyers of Smith Goodfriend, P.S., a Seattle law firm that limits its practice to civil appeals and related trial court motions practice.

My colleagues Catherine Smith and Valerie Villacin have pounded the drum, advocating a more robust use of sanctions, including attorney fees, for frivolous or obstreperous appeals under RAP 18.9(a). While most of the case law under RAP 18.9 deals with frivolous appeals, as last month’s piece notes, the rule also authorizes an award of “terms or compensatory damages” against a party “who uses [the appellate] rules for purpose of delay...“¹ Delay remains the flavor of the month in this installment of “Always Appealing.”

As anyone who has ever worked in a library knows, there will always be that person who, upon finding out that one works in a library, comments, “That must be so great, I’d love to just sit around and read all day. “Ummm…. yeah… not in any public law library that I know …. but sure, most of us give a polite nod and refrain from an overly sarcastic eyeroll. That said, libraries do attract people who love books and yes, we do spend a lot of our free time reading them. In this month’s column you can get a bird’s eye view into what the law library and foundation staff are currently reading.

KCBA’s Neighborhood Legal Clinics now number over 30. But, like the mustard seed, the program started with a single clinic — Country Doctor, in old Fire Station 7 on Capitol Hill. We are proud to have had a role in making it happen.

While at this point I have nothing conventional or analytical to add to either the initial reactions to the end of term Supreme Court immunity decision — to crown a king, or to Biden’s recent proposed legislative fixes. I do have an unexpected story that made my day a tad more tolerable, and which I forever will savor.

Not enough couples choose to divorce through the Collaborative Divorce process under Ch. 7.77 RCW. A Collaborative Divorce is not for every divorcing couple, but when two people can both commit to the unique process, there are many benefits. The Collaborative Divorce process preserves the couple’s confidentiality, is more cost effective than traditional divorce and reduces conflict between spouses and within the family.
 

In the vast and intricate world of law, mentorship serves as the essential thread weaving together the experiences, wisdom, and guidance crucial for budding legal professionals. Beyond textbooks and courtroom dramas, mentorship shapes the future of the legal profession by imparting not only legal knowledge but also the nuanced skills and values vital for success. From eager law students to seasoned attorneys, mentorship enriches every step of the legal journey, benefiting mentors and mentees alike.

As summer draws to a close, we start to replace flip flops with sensible, waterproof footwear when we take the dog out for a walk or hustle kids out the door. It’s back to school and back to business. And this year there is some important business that affects us all as we prepare for local, state, and a presidential election. We live in a state where it could not be easier to vote, because we can do it without even leaving our house. We can register to vote online. We receive our personally delivered ballot in the mail, which we can complete at our leisure. And when we are done, we need walk no further than the mailbox where we retrieved our ballot to send it along its way to our County Elections office.