[WSBAPT] Attorneys stalking one another on List

[Joshua McKarcher]

I assume a section leader will need to reply, but I'm not aware of any reason anything we say on this listserv is NOT in the public domain and 100% fair game. This is not a lawyer help hotline or ethics hotline. I have never understood I have some promise of confidence.

I will admit, in case it saves anyone similar trouble, and even if it makes me sound unkind or something (which I'm not), that I have been gobsmacked at times at what people are willing to disclose on this "very public listserv."

I have honestly wondered if opposing counsel have at times used a lawyer's words against them.

Perhaps this is a good "moment" for us all to consider that, so long as what is used is not altered or misrepresented, there is no basis for its suppression, unless perhaps some rule exists that was approved by the state supreme court or is memorialized in a statute. (What basis would any other authority have to restrict words put into the public domain? Even if WSBA punished the "user's" use as an ethical violation or something, that doesn't mean a court would strike it from the record if it's accurate and truthful, etc.)

We best speak very generally at times and consider asking only an individual lawyer or two privately about questions that could expose strategy, lack of "competence" (where it "matters"), lack of certainty (that later evolves to certainty in pleadings), etc. I think it's completely reasonable to assume one is writing to the very lawyer one is litigating against or MAY END UP litigating against after posting.

Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com/>



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael westseattleattorney.com
Sent: Thursday, September 28, 2023 12:12 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Attorneys stalking one another on List

Hi,
I just received a pleading where the opposing counsel is using a redacted copy of a post on this list as a personal attack on me. Is that allowed by our rules?  It seems that it would give us a reason to think twice about using this listserve.
Thanks
Mike


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