Merry A Kogut

Hello! I enjoy helping people across Washington with Small Claims Court, Homeowner Associations, some estate planning, & some guidance, advice, and writing demand letters. I also help with administrative agencies, residential contractors, frauds, scams, consumer protection, landlord/tenant and etc--but I no longer handle lawsuits. I've been a licensed Washington State attorney since October, 1986 - Read about me here: https://www.keypeninsulalaw.com/

I usually recommend practical approaches to resolving problems; legal means, in my opinion, should always be the last resort.

To make a phone appointment, please email me here: KeyPenLaw@gmail.com or use the form on my website. Please, do not "cold-call" my phone without a prior appointment. Please do not text my phone.

Thank you! I look forward to helping you soon.

• General
• General Civil

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• Rates, Retainers and Additional Information
  My fees are either flat or hourly, depending on the nature of the work. I often provide a free twenty (20) minute phone consultation to see if your matter is something I want to handle, and to see if you think I'm the right attorney for you. I do not start work before we sign an engagement letter, and I will almost always requst a retainer in advance (the retainer will be put into my trust account and remain your money until my work is completed and you're satisfied with my work - however, I cannot guarantee any particular results or outcome.

Washington

Washington State Bar Association

ID Number: 16153

Since 1986

Washington State Bar  # 16153

Member

1986 - Current

Q. I was a backseat passenger wearing a seat belt when the car I was in was involved in a collision with another vehicle.

December 25, 2024

A: First off, if either the driver or the owner of the vehicle in which you were a passenger has automobile insurance, ask them for a copy of their insurance card, and file a claim with their insurance company. If neither has insurance, contact your OWN insurance - auto or homeowners may cover you in an accident, and they can go after the driver or owner to get reimbursed.

Meanwhile, you have up to three years to file a claim in court. During this time, be sure to get all the medical attention you may need for your injuries, and track everything - from your injuries to your costs to your time lost from work. Sometimes people are not physically injured, but suffer from post traumatic problems and don't even realize it for a while - for example, my nephew was so traumatized in an accident he couldn't ride in a car for over two years.

Once you have completed any needed treatment, you may want to start with a demand letter to both the driver and owner, and ask them to compensate you for your injuries. Do not threaten them - just remain polite and professional. This way, if you do go to court, you'll be able to demonstrate that you made a reasonable attempt to settle prior to going to court.

If your out of pocket expenses are less than $10,000, you can go to Small Claims Court, which is designed to be a "do it yourself" process - attorneys are not allowed to practice inside SCC, but they can coach you in writing up a complaint, filing it, etc. There is great information available online for each Washington State county, as well as this general information: https://www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.scc&altMenu=smal

If your out of pocket expenses are substantially higher than $10,000, you may want to find a personal injury attorney to represent you in district or superior court - however, be aware that you may have to pay the attorney between 33% and 50% of anything you win.

Good luck to you, and I wish you a speedy recovery from your injuries. ... Read More

Q. Can my lawyer Bill me for working with the opposing counsel to retrieve things that I didn't have to return?

December 25, 2024

A: I'm so sorry you're having concerns with your attorney's billing practices. First, read through the agreement you signed with your attorney - most likely, you agreed to pay the attorney for all his or her time, and that would include responding to another party's requests or correspondance, whether or not the other party's requests/correspondence/etc make sense or not. An attorney only has his/her time to sell, and at an hourly fee of $350 or whatever you're paying, that can add up fast.

Next, when you read the agreement, see if the attorney provided set minimum fees for certain types of activities. For example, I heard of an attorney who charged a minimum of $36 every time he responded to an email, even if he only wrote a sentence or two. However, this fee was laid out in the fee agreement, so even though it's a very high amount, the client was informed she would be charged this before she signed the fee agreement.

After you carefully read the agreement, you can read through this website from the Washington State Bar Association:

https://www.wsba.org/for-the-public/concerns-about-a-lawyer

If you still have concerns about your attorney, you can follow this guidance, and even use an online form to file a complaint.

Best wishes and good luck to you,

Merry ... Read More

Q. If my landlord changes guest parking into tenants parking are they required to notify you

December 23, 2024

A: Under Washington State’s Residential Landlord-Tenant Act (chapter 59.18 RCW), the rules about parking changes depend on the terms of your lease agreement and the extent to which the change affects your rights as a tenant.

Key Considerations

Lease Agreement Controls:

If your lease specifies assigned parking spots for tenants, the landlord must honor this agreement unless the lease allows for changes. Any modification to your assigned parking would generally require your consent or advance notice, as it alters a term of the lease.

Guest Parking Changes:

If the landlord changes guest parking into tenant parking and this does not affect your designated parking or the terms of your lease, they are likely not required to notify you. However, if this impacts access or other aspects of your tenancy, it could trigger notification requirements.

Material Changes to Lease Terms:

Under RCW 59.18.230, landlords cannot unilaterally modify material terms of the lease during the tenancy unless the lease explicitly allows for such changes. Parking arrangements are typically considered a material term if they are specified in the lease. See: https://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.230

Reasonable Notice:

If the parking changes require you to move your vehicle, change where you park, or otherwise adjust your use of the property, landlords are generally expected to provide reasonable notice. While Washington law does not specify a timeframe for such notices, 30 days is common for non-emergency changes.

What You Can Do

Review Your Lease:

Check the lease for clauses about parking, changes to property rules, or how the landlord must notify tenants of adjustments.

Request Clarification:

If the parking change affects you, ask the landlord for clarification in writing. Request documentation or an explanation of how this change aligns with your lease terms.

Assess Impact:

If the change disrupts your assigned parking or the usability of the property, you may argue that this constitutes a violation of the lease agreement.

File a Complaint:

If the landlord’s actions violate your lease or significantly interfere with your tenancy, you can file a complaint the property management company and/or owners, or file in Small Claims Court if you can show the value of the loss to your rental agreement.

Conclusion

If the parking change affects your assigned parking spot or modifies a lease term, your landlord is likely required to notify you. If it solely involves guest parking and does not impact your rights or lease terms, notification may not be necessary. Let me know if you'd like assistance reviewing your lease or drafting a letter to your landlord! ... Read More