[WSBAPT] Role Confusion

[Jim Doran]

Interesting.

I think a good safe route is for me to remind the PR, again, what his
duties are.  then give notice of my intent to withdraw as the counsel for
the PR.  then I wold follow it with the motion for fees.

thnk you everyone for the input.

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

On Mon, Oct 19, 2015 at 2:18 PM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> 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
>
> www.doranlegal.com
>
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