Having tried over 60 trials to verdict, litigated at least a couple hundred more and counseled clients on perhaps five hundred disputes over the past 20 plus years, it took me until the last few years to understand a very important concept involving legal disputes: The best route to resolution—like water—is the path of least resistance. read more

Most of us can be quick to point fingers. It might be a fender-bender, an overcooked hamburger, or losing the Superbowl on the last play of the game - I know my first instinct is to figure out who is to blame for my suffering. In life, this instinct may be correct most of the time. If someone hits your car, you call the cops then expect the other driver's insurance to pay to fix it. If your hamburger is burned, you send it back and blame the chef. read more

Following the real estate collapse in 2008 and subsequent recession, the United States Department of Housing and Urban Development ("HUD") and the Federal Housing Authority ("FHA") imposed detailed and restrictive requirements in order for the FHA to provide mortgage insurance on condominium loans. As a result, many condominiums were no longer in compliance with FHA regulations, and potential buyers could not qualify for the much more attractive FHA and other governmentally backed financing. The downturn in the real estate market and buyers' increased difficulty in obtaining condominium financing contributed to large financial institutions shifting their focus from financing development of condominiums to financing apartment projects. read more

I was flipping through the channels this weekend and stumbled on the Clint Eastwood classic spaghetti western, The Good, the Bad, and the Ugly. Life imitates art and it occurred to me that most situations feature an element of good, bad, and downright ugly. I have a number of "First Party Insurance" claims sitting on my desk (e.g. an Association pursuing its own carrier for discovered property damage). Many of these involve the "discovery rule." Having dealt with this rule on a number of occasions, I've discovered the good, the bad, and the ugly of this rule. read more

In last week's post, we discussed the data and hard numbers supporting the influx of apartment buildings over condominium projects in the Puget Sound region. We concluded simple economics-maximizing profit-was the reason the large number of cranes in Seattle and Bellevue are constructing apartment buildings and not condominiums. But that's not what the building industry wants you to think. read more