MATTER OF FIRESTORM 1991

Nos. 62318-1, 62212-4, 62213-2, 62214-1, 62215-9, and 62216-7.

916 P.2d 411 (1996)

129 Wash.2d 130

In re the Matter of FIRESTORM 1991.

Supreme Court of Washington, En Banc.

Decided May 16, 1996.


Attorney(s) appearing for the Case

Thorsrud, Cane & Paulich, Russell C. Love, Seattle, Bryan P. Harnetiaux, Spokane, Lane, Powell, Spears & Lubersky, Thomas W. Top, Michael Runyan, Seattle, amicus curiae for Washington Defense Trial Lawyers.

Lukins & Annis, Darrell W. Scott, Erika Balazs, Spokane, for Interested Party.

Charles C. Wiggins, Bainbridge Island, Julie A. Twyford, Spokane, Winston & Cashatt, Tim M. Higgins, Spokane, Amos R. Hunter, Des Moines, Edwards, Sieh, Hathaway, Smith & Goodfriend, Malcolm Edwards, Seattle, for Petitioner Firestorm 1991.

Paine, Hamblen, Coffin & Brooke, John C. Riseborough, Donald G. Stone, Robert Neate, Spokane, David A. Kulisch, Spokane, for Respondent.


JOHNSON, Justice.

This case involves the review of a trial court decision disqualifying Plaintiffs' counsel for conducting an ex parte interview with an expert hired by counsel for the Defendants. The trial court concluded this ex parte interview violated CR 26 and disqualification was the appropriate sanction. Based on the facts of this case and the discussion herein, we reverse the order of disqualification, order reinstatement of counsel, and remand for further...

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