[WSBAPT] Self-Serving Receipt of Heir

[Douglas Bratt]

I recall a case (I believe a disciplinary case), within the past 10 - 12 years, where an attorney was trying to settle a potential malpractice claim a client had against the attorney, and the attorney paid some money to the client, but, before payment, the attorney demanded that the client sign a sweeping Release. (I cannot recall for sure, but I think that, subsequently, the attorney was trying to rely on the enforceability of the release after another attorney took up the client's case against the attorney.)

I believe the attorney was disciplined for not advising the client to seek independent counsel and for not giving the client the opportunity to do so.

Maybe that was tied to the RPC cited by Karen, but I just do not have the time to double-check the RPC before I shoot off this comment.  The actual details of the case I am remembering are pretty far back in the recesses of my memory.

Does anyone else remember such a case?

Best Regards,

Doug Bratt


Douglas J. Bratt
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Karen E. Boxx
Sent: Tuesday, September 27, 2016 4:07 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Self-Serving Receipt of Heir

Sounds like a potential violation of RPC 1.8(h).

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul
Sent: Tuesday, September 27, 2016 3:09 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Self-Serving Receipt of Heir

Just saw something that raised my eyebrows in a probate where I represent a beneficiary.  The PR's attorney prepared, and is distributing for signature, a "Receipt of Heirs" that releases the estate, the PR, AND THE PR'S ATTORNEY.  It releases "[PR's attorney's name], in his capacity as attorney for the personal representative, from any further or other liability with regard to this matter."  This just doesn't pass the smell test for me.  OR, should I start preparing my Receipt of Heirs by releasing me for probates I am handling???  What is the common practice out there in probate land?

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