[WSBAPT] Role Confusion

[Eric Nelsen]

Re duty of PR to pay rent when living on Estate property, see In re Estate of Jones, 152 Wn.2d 1, 14-15, 93 P.3d 147 (2004).

A misbehaving PR has come up a couple times in the past half-dozen years for me--I'd suggest reviewing the RPCs on lawyer duties when representing a court-appointed fiduciary...there are circumstances where one is essentially required to tell the court of a client's malfeasance. Mainly see interaction of RPC 1.6(b)(7) and RPC 3.3, especially 3.3(f). Because RPC 3.3 is a "shall disclose" requirement "unless prohibited by 1.6", and RPC 1.6(b)(7) specifically permits the attorney to disclose, then I would interpret RPC 3.3 as requiring disclosure of any PR malfeasance that causes any past representation made to the court to be false.

Of course, the PR's still my client, so I would not jump to tell the court anything until I've failed to get the PR to cooperate, after multiple attempts to convince the PR to meet their duty, warning them of my own duty to disclose, maybe trying to take practical steps to make it more difficult for PR to succumb to temptation, and trying to help the PR remedy any breach that has already occurred, etc.

That may not be directly applicable to your situation, if perhaps the representations to the court so far have been minimal or not relevant.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA 98101-2837
phone 206-625-0092
fax 206-625-9040





From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Monday, October 19, 2015 12:29 PM
To: Real Property Section
Subject: [WSBAPT] Role Confusion

Listies:
I represent the Personal Representative in a standard probate with real property.  The personal representative was appointed but over the past two years has refused to marshall the assets and do what he is supposed to do.  The property nearly went through a tax foreclosure and one of the other heirs saved it.
I have pushed and prompted the PR do get with the program but he has no intention of doing his job because he is living rent free in the decedent's home, his mother's home.  Now the sister has hired an attorney to have the PR replaced unless he gets his job done.  The present PR is upset and wants to fire me.  Of course, the estate owes me a few thousand dollars that the current PR refuses to pay because I do not have a magic bullet for him.
What is a lawyer to do in this situation.  I represent the PR not the man personally.  Do I have to withdraw?
As for the unpaid fees, there must be some sort of billing pleading or lien that I can file to protect my own interest in getting paid.
Any suggestions are appreciated.

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>
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