Biggs v. Vail

Facts of Case

The primary issue in this case is whether attorneys' fees may be awarded pursuant to the frivolous lawsuit statute (RCW 4.84.185) when some, but not all, of the claims for relief 1 in a pleading are frivolous. We construe the statute to require a finding that the action, in its entirety, is frivolous, before fees may be awarded under the statute.

Petitioner Patrick Biggs and respondent David B. Vail, both attorneys, entered into an employment arrangement in January 1985 under which Biggs became an employee in Vail's law firm. The employment arrangement did not work out and Biggs…