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LK OPERATING, LLC v. COLLECTION GROUP, LLC

No. 29741-1-III.

279 P.3d 448 (2012)

LK OPERATING, LLC, a Washington Limited Liability Company, Appellant, v. The COLLECTION GROUP, LLC, a Washington Limited Liability Company, and Brian Fair and Shirley Fair, husband and wife, and their marital community composed thereof, Respondents and Cross-Appellants, Leslie Alan Powers and Patricia Powers, husband and wife, and Keith Therrien and Marsha Therrien, husband and wife, Intervenors.

Court of Appeals of Washington, Division 3.

June 19, 2012.

Attorney(s) appearing for the Case

James A. Perkins , Larson Berg & Perkins PLLC, Yakima, WA, for Appellant.

Ronald James Trompeter , Hackett Beecher & Hart, Catherine Wright Smith , Smith Goodfriend PS, Seattle, WA, Steven Craig Lacy , Attorney at Law, East Wenatchee, WA, for Respondents and Cross-Appellants.

Sidney Charlotte Tribe , Talmadge/Fitzpatrick, Tukwila, WA, for Intervenors.

SWEENEY, J.

¶ 1 Rules of professional conduct have been used to prohibit lawyers from enforcing agreements with clients that lawyers were a party to. But those same rules have not been applied to support actions for legal malpractice or for equitable relief or damages based on a lawyer's ethical lapses. Here, the court refused to enforce a business agreement between two limited liability companies (LLCs) after concluding that the lawyer representing the parties...

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