[WSBAPT] Client Gone Radio Silent (not a sub-mariner)

[Marcus Fry]

Just .02 cents, but you need to clarify whether your client is the Personal Representative or the Estate.  If you represent the Estate, I think you may have a duty that extends to the beneficiaries of the Estate.  A couple of good cases out there concerning the distinction of representation.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

NOTICES:
Confidentiality: This e-mail transmission may contain information which is protected by attorney-client, work product and/or other privileges.  If you are not the intended recipient, you are hereby notified that any disclosure, or taking of any action in reliance on the contents, is strictly prohibited.  If you have received this transmission in error, please contact us immediately and return the e-mail to us by choosing Reply (or the corresponding function on your e-mail system) and then deleting the e-mail.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of James W. Spencer
Sent: Wednesday, March 13, 2019 2:57 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Client Gone Radio Silent (not a sub-mariner)

Greetings Brent:

As the creditor claim period has ended (and your address is no longer needed for service), I would send the client a letter by email and both regular and certified mail indicating that you intend to withdraw on X date if you do not hear from her. If you don’t hear from her, withdraw. If you don’t, and litigation pops up for any reason (waste, breach of fiduciary duty, etc. all come to mind), you could find yourself stuck in the matter as the estate’s attorney, and if there is anything left on her fee advance, bills could rack up quickly and you may have difficulty getting paid.

I’ve done this with a couple clients just in the past week. Both called to schedule appointments once I threatened to withdraw. In both cases, they will need to have a clear plan of action to complete the estate if they want me to stay on. The risk of hanging out as the estate attorney where there’s a wayward PR is, in my opinion, just too high.

Good luck!
-James

James W. Spencer
Brothers & Henderson, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x106
e-mail:  jamess at brothershenderson.com<mailto:jamess at brothershenderson.com>
www.brothershenderson.com<http://www.brothershenderson.com/>

The information transmitted in this e-mail message and attachments is attorney-client information, is privileged or confidential material and is intended only for the use of the individual or entity named above. If you have received this transmission in error, immediately notify the sender by reply e-mail and permanently delete this transmission and all copies including attachments.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Wednesday, March 13, 2019 10:51 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Client Gone Radio Silent (not a sub-mariner)

Good Morning List -

Have a client (surviving spouse) of a very simple and easy probate.  Opened, did initial paperwork, notice period, then the wait.  Completed notice period, ready to proceed forward - client has fallen off RADAR. Not returning calls.  Non-responsive to letters sent via e-mail or USPS.   I have not tried sending something certified - but since this is a first for me, I thought I would check in with y'all to see what you do when someone just stops responding.

It has been about two months.  Not trying to collect any money (she paid retainer). Simply want to verify that all notice elements were done and get the Declaration Ascertaining Creditors returned so we can begin the final part of the process.

Thank you!

Brent

--

Brent Williams-Ruth
Founding Member

BWR Consulting, PLLC

Office/Scheduling Phone: (425) 830-5134

Direct Mobile: (206) 889-7919

e-mail<mailto:brent at bwrconsults.com> / website<http://www.bwrconsults.com> / facebook<http://www.facebook.com/bwrconsults> /
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190313/0dd33c14/attachment.html>