[SPAM] RE: [WSBAPT] [SPAM] Attorney as witness?

Thu Apr 17 11:11:06 PDT 2014

As with Heather and Paul, I serve as a witness/notary for most wills that
I draft. If a document is ever challenged, I’d be a witness either way, so
I wouldn’t represent one of the parties. I frequently do house calls for
estate planning, and usually bring my own witness (my nanny moonlights for
me!). I just don’t see an issue with it.

Michelle Geri Farris

 <http://www.michellefarris.com/> www.michellefarris.com 

Tel: 206-522-4638 

Fax: 206-260-3058

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Amy Pivetta Hoffman
Sent: Tuesday, April 15, 2014 2:06 PM
To: wsbapt at lists.wsbarppt.com
Subject: [SPAM] RE: [WSBAPT] [SPAM] Attorney as witness?

Thank you to Paul and Heather for your insight.

As a solo without staff, it can be difficult to round up the necessary
witnesses sometimes.  I usually arrange to do document execution at
clients’ homes and with a mobile notary so they can find their own
witnesses, but sometimes that isn’t possible.

Heather, the concern I had was the same that Paul described.  I suppose
that sets us up for a future conflict, but as Paul described, I’ll just
own it and refer them elsewhere in that event.

Amy Pivetta Hoffman

Ph. 253.720.3020/F. 253.200.0855

PO Box 73040, Puyallup, WA  98373

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Paul Grant
Sent: Tuesday, April 15, 2014 1:26 PM
To: wsbapt
Subject: Re: [WSBAPT] [SPAM] Attorney as witness?

Being a single-person firm I likewise do what Heather does.  I have simply
resolved that if the will/trust is ever challenged that I cannot represent
the family/PR/Trustee - no big deal to me since I would potentially need
to be a witness concerning the document, but as the drafter I would
probably be in that same situation regardless of being a witness or not.

Paul H. Grant - JD, LL.M

Planning with Purpose, Inc
Lynnwood, WA 98036
425-939-9948
www.planningwithpurposeinc.com

Estate Planning. Business Planning. Wealth Succession.

On Tue, Apr 15, 2014 at 8:35 AM, Heather deVrieze
<heatherd at westseattlelaw.com> wrote:

I act as witness or notary on almost every will I have ever drafted.  I am
not aware of any ethical rule against this practice.  If I am named in the
document, as a back-up Personal Representative (avoided for lots of other
reasons except when it’s a friend or family member) I do not serve as
witness or notary.

Heather

Heather S. de Vrieze
Attorney-at-Law

3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 <tel:%28206%29938-5500>  

 <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com 

 <http://www.westseattlelaw.com/> www.westseattlelaw.com 

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Amy Pivetta Hoffman
Sent: Monday, April 14, 2014 6:20 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] [SPAM] Attorney as witness?

All,

Do you have any thoughts on acting as witness on documents you have
drafted?  In a pinch, I wonder if this is okay to do-on a Will, for
example.

The only issue I can think of is the ethical rule stating that attorneys
should not be/avoid witnessing.  It seems this is meant for other matters,
but I suppose this could become an issue at some point.  

What say you?

Amy Pivetta Hoffman

Ph. 253.720.3020/F. 253.200.0855

PO Box 73040, Puyallup, WA  98373

CONFIDENTIAL COMMUNICATION:  This email is intended only for the use of
the individual(s) or entity(ies) to whom it is addressed and may contain
confidential, privileged information.  If you have received this
communication in error, please immediately notify the sender
electronically, return the email to the above email address and delete it
from your files.  Thank you.

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Bar Association nor its officers or agents. 

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Bar Association nor its officers or agents. 

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