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In September, 2012, Attorney Brian Hanis argued a matter before the Court of Appeals of the State of Washington, Division 1. The Court supported Mr. Hanis’ clients’ position that issues still remained and reversed a trial court ruling dismissing the case in favor of Farmers Insurance Company. (Dehaan, Carlson v. Farmers Ins. Co.)

The matter involved a motor vehicle accident involving Mr. Hanis’ clients which resulted in an underinsured motorist claim against Farmers. The trial court ruled that funds received from a third party were enough to compensate all “property damages” sustained by the injured party. The ruling failed to account for other potential damages resulting from the accident and failed to properly allocate the funds received. In other words, the ruling unilaterally applied the funds to one specific damage, ignoring the remaining damages.

The Appeals Court sided with Mr. Hanis’ clients and ruled that issues of fact still remain to be addressed. Specifically, all damages as a result of the accident must be accounted for and funds received from third parties must be properly allocated.

Mr. Hanis’ successful argument potentially sets new precedent for proper allocation of funds in future cases in Washington.

We are happy to announce that HIP Attorney, Mark Albertsonhas been named A 2013 Five Star Wealth Manager. Congratulations Mark on reaching a level of excellence achieved by fewer than 7 percent of the wealth managers in your area.

Mark’s selection is the result of a rigorous research process that included a regulatory and consumer complaint review, and an evaluation of objective criteria associated with wealth managers who provide quality services to their clients. Mark is being recognized by the largest and most widely published wealth manager award program in North America.

The upcoming April issue of Seattle Magazine will feature Mark Albertson as one of this year’s award recipients.

On November 30, 2012, HIP partner Mark Protherowas a panelist at a symposium on the death penalty sponsored by the King County Bar Association and held at the University of Washington School of Law. Several experts on various aspects of capital cases participated, including capital defense attorneys Carl Luer, Mark Laranaga, and Katherine Ross, former King county Prosecutor Chris Bayley, Snohomish County Prosecutor Mark Roe, former Whatcom County Superior Court Judge David Nichols, and Mishi Faruqee, campaign manager for “Safe and Just Alternatives” advocating for the elimination of the death penalty in Washington.

November 2012

In recent years, a new area of law has emerged, that many are calling “Elder Law”. Unfortunately, not many people know what elder law is. Attorneys who practice in the area of elder law focus on the legal needs of the elderly, and work with a variety of legal tools and techniques to meet the goals and objectives of the older client.
Elder law attorneys handle general estate planning issues and counsel clients about planning for incapacity with alternative decision making documents. I also help clients in planning for possible long-term care needs, including nursing home care. Locating the appropriate type of care, coordinating private and public resources to finance the cost of care, and working to ensure the client’s right to quality care are all part of the elder law practice.

Elder law has become an important area of law. One in two Americans will suffer a disability during their lifetime, requiring the appointment of someone to manage their financial affairs and make health care decisions. Additionally, 40 percent of Americans over the age of 60 will face admission into an assisted living facility or nursing home. Proactive planning can make this situation more manageable and less costly, as well as help preserve autonomy and privacy. Lack of planning, on the other hand, can result in unnecessary court intervention, increased costs and negative tax consequences, as well as greater loss of autonomy and reduced privacy.

Why and When You May Need an Elder Law Attorney
Elder Law Attorneys have been specially trained to set up effective plans to deal with disability before it strikes and to help soften the blow when it comes. Elder Law attorneys are able to offer insight and services not found in traditional law firms. Estate lawyers typically focus on death-time planning, such as distributing assets to heirs through a will or living trust and taxes. Elder law attorneys, on the other hand, address not only these needs but also needs before death, preparing for periods of serious illness or incapacity. While a portion of my practice is traditional estate planning, a growing percentage of the clients I see each week come to me with elder law issues.

Elder law recognizes that people are living longer with chronic illnesses and will face periods of either short-term or long-term incapacity. These chronic illnesses cause impairments that result in long-term care expenses and loss of independence. Elder law attorneys help senior citizens preserve their independence, avoid impoverishment and implement their desire to pass their estate to loved ones.
Without proper planning, incapacity can very often mean guardianship. When a court guardianship is imposed, the individual judged to be incapacitated loses autonomy. The procedure can be expensive, frustrating and time-consuming. Elder law attorneys provide assistance to avoid guardianships and are able to consult with you to create an effective and comprehensive incapacity plan. It may include drafting new wills with special provisions, powers of attorney, health care powers of attorney, or consulting on how to pay for the devastating cost of nursing homes, through Medicaid and Veterans benefits planning.

Mark Albertson is an Elder Law/Estate Planning Attorney with the Kent Law Firm of Hanis Irvine Prothero, PLLC. Mark offers articles and free online video workshops on his LawBlog at www.markalbertson.com.

Hanis Irvine Prothero PLLC, is accepting resumes for an experienced civil litigation and transactions Paralegal/Legal Secretary.

The duties of the position include, but are not limited to:
– Experience in drafting documents such as deeds, bills of sale and other documents in real estate and business transactions.
– Prepare (or assist in the preparation of) and filing of legal documents including pleadings.
– Assistance with probate and trust administration and litigation.
– Assistance with all matters related to civil litigation.
– Review, analyze and organize a variety of legal matters.
– Preparation of estate planning documents.
– Correspond with clients, witnesses, and third party vendors.
– Calendaring and case management.
– Coordinate dissemination of documents to clients and parties.
– Prepare monthly billing.
Other projects and duties as assigned.

Requirements
– Two or more years experience as a Paralegal/Legal Secretary with knowledge of civil pleadings, real estate, and probate.
– Related degree or certification preferred
– Highly motivated and a self-starter;
– Ability to interact well with attorneys, staff and clients;
– Good organizational, writing, and proofreading skills; and
– Ability to track and meet case deadlines
– Bilingual (Spanish language) preferred.

We are a full-service law firm dedicated to providing quality legal services to individuals and businesses throughout South King County. We are comprised of accomplished and experienced attorneys with diverse backgrounds. We offer a friendly atmosphere & competitive compensation package and excellent benefits.

Please provide a cover letter and resume.
All inquiries will be treated as confidential.

bwalter@hiplawfirm.com
www.hiplawfirm.com