Robert W. Baird & Co. v. Whitten

SWANN, Judge:

¶ 1 The plaintiffs in this legal malpractice action allege that transaction counsel's negligence caused them to incur the cost of defending an action brought against the plaintiffs based on the transaction. The superior court concluded that the plaintiffs' claims created waiver of the protections of the attorney-client privilege and the work-product doctrine with respect to their communications with their litigation defense counsel. Applying the test for implied waiver set forth in Hearn v. Rhay , 68 F.R.D. 574 (E.D. Wash. 1975), and adopted by our supreme court in State Farm…