Foss Maritime Co. v. Brandewiede

Verellen, A.C.J.

f 1 — Disqualification of counsel is a drastic sanction, to be imposed only in compelling circumstances because it “exacts a harsh penalty from the parties as well as punishing counsel.”1 The trial court here disqualified Jeff Brandewiede’s counsel for accessing and reviewing an opponent’s privileged communications. But the trial court failed to consider on the record the principles and guidelines of In re Firestorm 19912 and Washington State Physicians Insurance Exchange & Ass’n v. Fisons Corp.3 regarding (1) prejudice, (2) counsel’s fault, (3) counsel’s knowledge of…