Ad Hoc Committee on Third-Party Legal Opinions

The Ad Hoc Committee on Third-Party Legal Opinion Practice was formed in 1998 to monitor developments regarding opinions delivered by lawyers on behalf of clients and addressed to third parties, such as an opinion of a borrower delivered to the lender making a loan to the borrower.

At the time, the most significant development was the “Third-Party Legal Opinion Report, Including the Legal Opinion Accord, of the Section of Business Law, American Bar Association,” 47 Bus. Law 167 (1991) (the “Accord”). The Committee provided input to the drafters of the Accord prior to its publication and monitored opinion giving practices nationally and in the State of Washington following adoption of the Accord. In late 1998, the Committee issued its Report on Third-Party Legal Opinion Practice in the State of Washington.

In 2000, the Committee completed a supplement to its 1998 Report covering third-party legal opinions customarily given in secured lending transactions. Click here for the 2000 report.

The Committee is currently working on an update to the 1998 and 2000 reports to address developments in the law and opinion practice in the last decade.

Committee Chair:

Scott W. MacCormack
Davis Wright Tremaine LLP
1201 Third Ave Ste 2200
Seattle WA 98101-3045
Phone: (206) 757-8263
Fax: (206) 757-7263
scottmaccormack@dwt.com

Committee Members:

George M. Beal
Joel N. Bodansky
Ward Buringrud
Michael D. Currin
Paul M. Davis
Michael A. Herbst
Troy J. Hickman
Brian D. Hulse
David B. Levant
Berrie J. Martinis
Dennis A. Ostgard
Norman B. Page
David H. Rockwell
Keith A. Trefry
W. Scott Wert

Publications:

Report on Third-Party Legal Opinion Practice in the State of Washington - Fall 1998

Supplemental Report - 2000

Special Report on Legal Opinions Regarding Deeds of Trust - July 2011

Links to additional legal opinion resources can be found on the Resources page of this website.