[WSBAPT] Role Confusion

Mon Oct 19 14:57:52 PDT 2015

Put it in writing.

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

Rodgers, Kee & Card

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Tuesday, October 20, 2015 12:40 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Role Confusion

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 <tel:%28360%29393-9506> 

jim at doranlegal.com

www.doranlegal.com

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