Reviews of Tollefsen Law


Reviews From Google


Kristine Zachary

“I came to John Graham with a situation that made it unbearable to run my business. John took me on as a client without a moments hesitation and was able to get the harassment I was receiving stopped. He has an amazing assistant, Karla, and between the two of them I have gotten through a very bad situation. They are professional and yet kind and caring. Calling them to help me was the smartest thing I could have done. I will call upon John anytime I have legal issues.”John Tollefsen was named a 2010 Seattle-Metro-top lawyer

H Dorssers

“We were extremely fortunate to have John Tollefsen represent us in two very complex legal cases. We found John to be exceptionally knowledgeable and dedicated to all aspects of our case and we were most appreciative of the fact that he always took the time to explain the complex process to us. What impressed us most, however, was John’s character. John lives his life according to a strong moral and ethical compass from which he will not deviate; dedicated, competent, honest, genuine, and sincere are words to describe John. We were confident that we were receiving the best legal representation we could ask for and we were comforted knowing that John was always doing the “right thing.” Without hesitation, we give John the highest recommendation possible.”

Lloyd Martindale Jr.

“John Tollefsen, for whom I have the highest respect personally as well as for his legal skill professionally, has been my business Attorney over ten years. John exhibits a rare balance of cognitive analysis legally, coupled with an intangible joy in the personal interaction. When warmed up in a vibrant legal discussion with John, I have felt moved almost to a poetic plane, a level of nearly telepathy communication. The focus and power of that interaction becomes then practically effective, in application and action in the case. In a complex case of six years, that became ancillary cases, John exhibited clear vision, practical direction, never waivered while carefully weighing, respected his clients, and honored his commitments even when difficult. I was likely a forceful client taskmaster. John recovered funds for my family, somewhat life-changing. In the dark days of the case, I felt a strong Attorney with me, driven I believe by an innate sense of justice and good. It was not easy work; it was rather the most difficult of work and I am very grateful. John Tollefsen remains to this day my personal and business Attorney, a most treasured Counselor.”

A.J. AJohn J Tollefsen is rated AV by Martindale-Hubbell

“I used John and his firm for the last 6 years for multiple domestic and intentional services for international contract negotiation, representation in both federal court and state court in multiple States as well as escrow, advice, litigation and arbitration. At all times my experience with him and his staff was and still is positive, productive and professional. The thing I appreciate most, beyond the fair pricing is the versatility of knowledge and understanding of the law and how to use it best to reach the out come best for me. I will and have recommended John to many of my colleagues.”


Reviews From


“I was a client of John’s in a case against a very wealthy and powerful company with unlimited resources. In my case, John utilized the most efficient use of technologies, staff and legal precedent to litigate the case. John was very accessible in discussing the case, options and always produced results expediently. I recommend John highly for any case of wrongdoing regardless of the size of the opponent.”


“John helped me produce a proposed easement change/contract issue and gave me a quick response in a very professional manner”


“I/We and business associates have worked with Mr. Tollefsen for many years. We can attest to the fact that he is a rare practitioner. He has been invaluably helpful in securities and investment matters as well as in dispensing with frivolous litigation. He is comfortable with himself, poised and impressive, with considerable skills and knowledge. Yet, he projects quiet confidence and competence — whether it be on Wall Street or Main Street. He enjoys professional challenges and takes satisfaction in meeting client needs while achieving just outcomes. Above all, John Tollefsen has an unusual ability among lawyers. Namely, the capacity to think strategically and act tactically. With extraordinary effectiveness. This is because he is knowledgeable, clear, current and well-informed from diverse first-hand experiences in many areas of law. He knows what he knows well and quickly researches and comprehends any issue about which new facts and decisions might affect his clearly-thought-through opinions. Opinions that are expressed in common sense coupled with astute timing. As a person, Mr. Tollefsen is straightforward and ethical. He would have risen to the top in any field he had chosen due to immense intelligence and an undefinable quality of personal charisma. Again, in closing, I/we recommend him highly and without reservations.”

“John Tollefsen is one unusually experienced, kind, honest, and wise attorney. He is well respected throughout the Pacific Northwest for his expertise in some of the most complex areas of law. He works for legislative change and serves as an expert on a state, local and national level. He is genuine and completely non-arrogant, thoughtful and easy to work with. He is hard working, gives prompt services, and is flexibly relaxed in decision making and thinking. He even responded positively to my unschooled suggestion to try an approach other attorney’s might not have considered. This shows me he really listens and is willing to take risks. His dedicated knowledgeable office staff is as thoughtful, caring and pure as they come as well. John Tollefsen has even taken one case I know of all the way to the Washington Supreme court based on his own passion of justice and willingness to go the extra mile!”


“Tollefsen Law Office has worked for me in a fraud case. He has been very supportive and has been a great asset for me in this case. I rate him with 5 stars. He is a very honest attorney with a great moral standards.”


“John did an outstanding job and completed specifically what I asked him to do. He did not “run up” the bill and was very responsive in his communication. He built the trust and I will continue to use his services.”

“Within the confines of case veracity, and the practical aspects of attorney time and ‘justice system’ logistics, Mr. John Tollefsen is the best of attorneys. John exhibits keen perception in effecting workable attorney/client interaction, given money, time, client strength, and the legal standing of the case; exhibiting creativity, flexibility. I have found Mr. Tollefsen to be ethical and dependable, consistent, fair in cost applications, and willing to weigh a legal fight on principle. John’s skill places him as a prevailing match with the highest levels of securities attorneys under both State and Federal securities law. John Tollefsen recovered for my family’s devastating fraud loss, and he has our gratitude and loyalty.”


Reviews From LinkedIn


Robert Simpson
Merger and Acquisitions Advisor / Exit Planning Consultant / Business Broker

John is a thorough, knowledgeable attorney with great skills in research, case preparation and litigation.


Paul Eberharter
Project Architect at Hecker Architects

John Tollefsen is an expert attorney in the field of securities law who is creative, personable and highly effective. His knowledge and integrity has brought insightful solutions to the issues surrounding my real estate development projects.


Brian Sumption
Agent at Schwarz Insurance

John’s creative insight into re-framing legal and business issues and outlining constructive and intuitively productive solutions, in an economically valuable and cost effective.


Regulatory Compliance: It’s the Little Things…

Regulatory penalties can be devastating for a company, yet many companies, especially small companies, fail to plan for or devote resources to regulatory compliance. These companies can be confused and incredulous when they become the focus of investigations or sanctions and may delay responding until their very existence is at stake. Proper counsel can help companies understand regulators’ focus which helps them to prepare for and address compliance issues in a timely manner.

Fair Chance – Washington

 Ban-the Box Legislation Fair Chance – Washington h-3695.1-fair-chance-act New legislation beginning to emerge around the country may initially seem counter-intuitive to CFEs. The new laws prohibits employers from asking an applicant about his/her criminal history on a job application or during initial screening and delays that inquiry until after an applicant is determined to be otherwise qualified for the job. There is something in us CFEs that wants to know all but it is becoming clear that many of those caught up in the criminal system have little chance of becoming contributing citizens once they are  branded as a criminal. On November 3, 2015, President Obama signed a ban-the-box (aka “Fair Chance”) executive order addressed to federal agencies (referring to the box to check on an employment application affirming a criminal conviction). According to the National Employment Law Project there are more than 100 cities and counties around the country that have adopted ban-the box rules. Effective October 27, 2015, the New York City Human Right Law was amended by The Fair Chance Act.1N.Y.C. Administrative Code §8-107(11-a) . Guidance which promises vigorous enforcement was published. 2 In December of 2015, Portland, Oregon adopted a Fair Chance Law. Under their version of the law, employers are prohibited from inquiring about or even accessing an applicant’s criminal history from any other source before making a “conditional offer of employment.” This is defined as being any offer that is conditioned solely on the results of the criminal background inquiry or some other contingency that is expressly communicated to the applicant at the time of the offer. There currently is a Ban-the-Box bill...

WA Consumer Protection Law applies extraterritorially

Under the CPA an out-of-state plaintiff may bring a claim.against a Washington corporate defendant for allegedly deceptive acts. Similarly, an out:of-state plaintiff may bring a CPA claim against an out-of-state defendant for the allegedly deceptive acts of its in-state agent.

Collapse of building for insurance purposes

QUEEN ANNE PARK HOMEOWNERS  ASSOCIATION, a Washington non-profit corporation,  v.   STATE FARM FIRE AND CASUALTY  COMPANY, a foreign insurance company, June 18 2015 Copy of Case 2015-Queen-Anne-Park-v-State-Farm The Washington Supreme Court held that collapse means substantial impairment of structural integrity. The dissent argued collapse means “collapse”. Part or all of the building fell down. The Ninth Circuit Court of Appeals asked the court to decide this question: What does “collapse” mean under Washington law in an insurance policy that insures “accidental direct physical loss involving collapse,” subject to the policy’s terms, conditions, exclusions, and other provisions, but does not define “collapse,” except to state that “collapse does not include settling, cracking, shrinking, bulging or expansion?” The insured building was found to have “hidden decay” that  had substantially impaired the walls’ ability to resist lateral loads according to the owner’s inspector. Hidden decay that caused a collapse was expressly covered by the policy. “Construction of an insurance policy is a question of law for the courts, the policy is construed as a whole, and the policy ‘should be given a fair, reasonable, and sensible construction as would be given to the contract by the average person purchasing insurance.”‘1Queen City Farms, Inc. v. Cent. Nat’l Ins. Co. of Omaha, 126 Wn.2d 50, 65, 882 P.2d 703 (1994) (internal quotation marks omitted) (quoting Grange Ins. Co. v. Brosseau, 113 Wn.2d 91, 95,776 P.2d 123 (1989) ). The court held that “collapse” is ambiguous because it is subject to more than one reasonable interpretation. In this case there were two conflicting rules of interpretation: 1) plain meaning versus 2) favor the insured if...

Waiver Under Washington’s Deed of Trust Act Permitted Where Technical Violations Did Not Harm Plaintiff

Merry v Nationstar –Wn App 324745-III   Background to Deed of Trust In 2007, Sharon Weirich borrowed $205,440 from Countrywide Home Loans, Inc. and executed a Deed of Trust on her real property as security. The deed identified Countrywide as the lender, Landsafe Title of Washington as the Trustee, and the Mortgage Electronic Registration Systems, Inc. (MERS) as “a separate corporation that is acting solely as a nominee for Lender and Lender’s successors and assigns.” In Bain v. Metropolitan Mortgage Group, 175 Wn.2d 83, 93, 285 P.3d 34 (2012), the Supreme Court of Washington held that the MERS registry’s business practices in creating and transferring beneficial interests with regard to mortgages conflict with the requirements of Washington’s Deed of Trust Act. Beginning in 2011 MERS made a number of assignments and changes in ownership of the note, beneficiary, and trustee using the business practices found to conflict with the Deed of Trust Act.  Following these changes, in October 2012, Northwest Trustee Services, Inc. served Mrs. Weirich with a notice of default on behalf of Bank of America. The same month Ms. Weirich executed a deed of trust to Thomas Merry. This deed of trust secured payment of a $68,000 promissory note. Ms. Weirich also executed a power of attorney and an assignment of legal claims to Mr. Merry. In December 2012, Ms. Weirich received a notice of trustee’s sale informing her that her property would be sold on April 19, 2013 to satisfy her promissory note she originally gave to Countrywide. However, property was not sold on April 19, 2013 and no sale was rescheduled within the 120-day window...

State Supreme Court Finds Washington’s Anti-SLAPP Statute Violates Right to Jury Trial

On May 28, 2015, in Davis v Cox, the Washington State Supreme Court invalidated the Washington Anti-SLAPP statute, RCW 4.24.525. In a unanimous decision, the Court found that section (4)(b) of statute unconstitutionally violates the right to a jury trial. The Court further held that, because every other section in RCW 4.24.525 is dependent upon section (4)(b), the provision is nonseverable and the statute is invalid as a whole. The Washington Anti-SLAPP statute was adopted to address and dissuade “lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances”. A defendant may file a special motion to strike any “action involving public participation and petition”. If the action is found to involve “public participation and petition”, the responding party must “establish by clear and convincing evidence a probability of prevailing on the claim”. If the moving party prevails, the statute contains a provision for a mandatory $10,000 civil penalty and attorney fees for instituting a lawsuit in violation of the statute. The focus of the Court’s decision was the standard of proof placed upon the party responding to a special motion to strike. The responding party must “establish by clear and convincing evidence a probability of prevailing on the claim”. The Court held that the statutory language requires a trial judge to make factual findings and adjudicate the claim. Article I, Section 21 of the Washington State Constitution states, “The right of trial by jury shall remain inviolate”. The Court noted that, “At its core, the right of trial by jury guarantees litigants the right to...

Liability for Opinions – Omnicare

Putting Omnicare v Laborers District Counsel in Historical Perspective Omnicare, Inc., et al. v. Laborers District Council Construction Industry Pension Fund et al. Argued November 3, 2014—Decided March 24, 2015 Copy of Decision: 1503-Omnicare Overview The author is a Certified Fraud Examiner and is critical of the common law involving fraud and deceit. Too often the common law allows the taking of money from victims through hyper-technical defenses and faulty logic. Most of this comes from the lack of sympathy the judges have shown for the fraud victim through the history of the development of the law of misrepresentation. One example is the liability for opinions expressed in contrast to facts expressed. The general common law allows the person who takes money through a false expression of opinion to keep the money if speaker believed her opinion. Omnicare, in the context of a registration statement, moves the law in a positive direction by creating liability for a factual omission imbedded in the opinion that would be necessary to correct a false impression. Even though the Supreme Court did not delve in the history of the law, the 2015 Omnicare decision moved the court in a positive direction. The law on opinion testimony as fraudulent may be traced to the 1889 House of Lords decision of Derry v. Peek.1Derry v. Peek, (1889) L.R. 14 App. Cas. 337 (House of Lords) which limited liability for misrepresentation to fact patterns involving scienter. Derry excluded from the definition of “scienter” misrepresentation made with an honest belief that the fact represented was true. Although Derry was seemingly accepted be most United States courts and was adopted by the...

Fraud on the Market

Although the Oregon securities law statute does not on its face require proof of scienter (intent to manipulate, deceive or defraud), the Oregon Court of Appeals read the requirement into the statute if the theory for relief is fraud on the market. Copy of the decision: 150211-Oregon-v-Marsh-&-McLennan In 2003 the legislature amended the Oregon securities law to provide a good faith defense from securities law violations for secondary violators (one who materially aids or is a control person) and to eliminate the defense for sellers and all those in a fraud on the market case. The court reasoned the legislature did not provide a good a good faith defense for those who material aid (or control the issuer) in a fraud on the market case because it assumed that federal securities law applied. That meant the participants are liable because of their culpable intent to defraud and a good faith defense would not make sense. Even though ORS 59.137 does not require scienter by its terms, that is what it means. In a fraud on the market case, Oregon law is the same as federal law under SEC Rule 10b-5. Whatever one thinks of the Oregon Court of Appeals “correcting” the words of the statute, there is a troubling use of language in the case. The court distinguishes fraud on the market from “direct, face-to-face securities transactions”. This is not a valid description of the distinction. Either type of securities transaction can occur in face-to-face situations. Telephones have been available in Oregon for over 100 years and private issuer transactions are often sold over the phone without any face-to-face meeting.  One of the...

Business Liability for Foreseeable Harm

McKown v Simon Property Group, Supreme Court of Washington, March 5, 2015 Decision:  050405-McKnown-v-Simon-Properties After 40 years of practicing U.S. law, I have grown to appreciate the gift we received from our colonizing parent, the common law. The civil law systems suffer from the same rigidity that all statutes impose: one size fits all. The legislature drafts a statute as a solution to a perceived problem not understanding how it might be unjust in a different fact situation. The common law can smooth out these injustices by providing court-made law which reacts to the facts and needs of justice in a particular case. The negatives of the common law system that has decisions made by juries include unpredictability and indefensible awards. The common law has invented tools to minimize the negatives. One of those tools is “foreseeability”. It allows a court to claim that no one could have foreseen the harm so the defendant is not liable. Foreseeability is often the only legal barrier protecting a business from liability. Unfortunately it has proven to be a two-edged sword. The limits of foreseeably was highlighted in McKown v Simon Property Group. On Sunday, November 20, 2005, Dominick S. Maldonado walked into the Tacoma Mall and opened fire on shoppers and mall employees, injuring seven people. Maldonado wore a dark trench coat concealing a MAK-90 rifle and an Intratec Tec-9 pistol, and carried a guitar case filled with ammunition. McKown, an employee at one of the retail stores, tried to stop Maldonado, but was shot and wounded. Simon Property Group owned the Tacoma Mall. Under Washington Law, the Tacoma Mall is liable to McKown...

Failure to Reconvey: Quiet Title Without a Quiet Title Action

What do you do when a seller fails to reconvey the title to property following payment of the loan, then dies? Failure to reconvey puts a cloud on the title that must be quieted. Quiet title actions can be drawn out and expensive. Is there a way to obtain a quiet title without the quiet title action? This article explores four possible tools for obtaining a quiet title outside a traditional quiet title action.