[WSBAPT] PR discretion - charitable gift in will

[Eric Nelsen]

Oy. A situation I hope never to face.

 

I think in that scenario, Gus is prohibited from saying anything. PC isn't
really a client but is a "former prospective client" for having revealed
confidences in the process of trying to obtain representation. So
<http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set
=RPC&ruleid=garpc1.18> RPC 1.18 applies, which imports the "former client"
rules from
<http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set
=RPC&ruleid=garpc1.09> RPC 1.9. Since Gus wouldn't be representing before
a tribunal, RPC 3.3 isn't triggered...which means no duty to disclose, and
no right to disclose, either.

 

Morally speaking, I really don't like that conclusion.

 

Sincerely,

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

 

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Doug Schafer
Sent: Thursday, January 30, 2014 1:45 PM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] PR discretion - charitable gift in will

 

Ponder this.  Gus refers to the personal representative as "PC", that I
interpret as "potential client."  Assume that the PC was named in the will
as personal representative, but has not yet been appointed by the court.
Assume that at the face-to-face meeting, the PC, having sole possession of
the original will, declines to engage Gus, but later engages another
lawyer and becomes the court-appointed PR after swearing that no will has
been found. So in an intestate distribution, the charity would receive
nothing.

If Gus learns of this fraud, could Gus report anything to anybody
consistent with the RPCs?

Doug Schafer 

On 1/30/2014 11:54 AM, G. (Gus) Benjamin Lindsey III wrote:

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