[WSBAPT] Refund not processed/Able to Close File?

Fri Jun 5 18:24:53 PDT 2020

  Law Office of
F.ANDREKITA SILVA
________________________________________________________________________

.                                                        
                               June 5, 2020          

Brent,

Were these NOT IOLTA funds because you had already written a check to  
your client?

That wouldn’t make sense because if the check doesn’t get cashed, and  
at some point your bank will no longer honor the check, they remain in  
your IOLTA account.

Maybe before you call the client’s family, you can send client  a  
certified letter. In the letter outline the steps you will take if  
client cash check within certain time frame.   If the certified mail  
is returned, then you can assume you probably need to take the next  
steps suggested by WSBA.

Thank for your update!!

andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com

Quoting Brent Williams-Ruth <brent at williams-ruthlaw.com>:

> Good Morning!
>     
>    I did call the Ethics Hotline. Because this are NOT IOLTA funds,  
> they directed me to read  RCW 63.29 - and determine whether these  
> would be considered unclaimed funds to send to the DOR. They also  
> suggested that I thread the needle of RPC 1.6 to contact family  
> members who's information I got through the estate planning process  
> to verify that I have the proper contact information but disclose  
> nothing other than I am their attorney and was working with them on  
> some projects. 
>
>         BRENT WILLIAMS-RUTH 
> /Attorney-At-Law/
>
>         LAW OFFICES OF BRENT WILLIAMS-RUTH, A DIVISION OF BWR  
> CONSULTING, PLLC
>
>          
>
>         Office/Scheduling Phone: (425) 830-5134
>
>         Direct Mobile: (206) 889-7919
>
>          
>
>         e-mail[1] / website[2] / facebook[3] / 
>
>         AS OF JULY 1, 2019 - I BEGAN OPERATING AS THE LAW OFFICES OF  
> BRENT WILLIAMS-RUTH A DIVISION OF BWR CONSULTING, PLLC. PLEASE NOTE  
> THE NEW POINTS OF CONTACT BRENT at WILLIAMS-RUTHLAW.COM AND  
> WWW.WILLIAMS-RUTHLAW.COM[4] 
>
>      On Thu, Jun 4, 2020 at 8:15 PM Andrekita Silva  
> <ak at seattle-silvalaw.com> wrote:
>
>> _Law Office of
>> F.ANDREKITA SILVA
>> ________________________________________________________________________
>>  
>> .                                                        
>>                                June 4, 2020          
>>  
>> Brent,
>>
>> I’m pretty sure you are supposed to send unearned and unclaimed  
>> trust funds to the WSBA.  
>>
>> I’ve never had to do that but I’m pretty sure I’ve read that somewhere.
>> I’m sure if you called them, they could tell you exactly how to proceed.
>>  
>> andrekita
>> Law Office of F. Andrekita Silva
>> 1325 Fourth Avenue, Suite 2000
>> Seattle, Washington 98101
>> 206-224-8288
>> www.seattle-silvalaw.com[5]
>>  
>>
>> Quoting Brent Williams-Ruth <brent at williams-ruthlaw.com>:_
>>
>>> _Greetings List - _
>>>        _ _
>>>        _Looking for advice on how to proceed with untangling  
>>> myself from an absent client. _
>>>        _ _
>>>        _Here are the facts: _
>>>        _client came into the fold and signed fee agreement back in  
>>> 2019. They then disappeared and never completed the estate  
>>> planning process. All attempts to connect via phone, email and  
>>> written communication were not responded to and the time passed  
>>> where - per the terms of my agreement - a refund is issued and the  
>>> relationship terminated.  _
>>>        _ _
>>>        _Letter of termination with refund check sent over 90 days  
>>> ago and check has not cleared the bank and the letter was not  
>>> returned to me. _
>>>        _ _
>>>        _I am uncertain as to how to proceed. I would like to get  
>>> that file off my desk but think that since the letter with refund  
>>> WAS NOT sent certified mail with return receipt (something to know  
>>> for next time)....not sure if I am ok to close. _
>>>        _ _
>>>        _Anyone have thoughts on this?_
>>>
>>>             _BRENT WILLIAMS-RUTH 
>>> /Attorney-At-Law/_
>>>
>>>             _LAW OFFICES OF BRENT WILLIAMS-RUTH, A DIVISION OF BWR  
>>> CONSULTING, PLLC_
>>>
>>>             _ _
>>>
>>>             _Office/Scheduling Phone: (425) 830-5134_
>>>
>>>             _Direct Mobile: (206) 889-7919_
>>>
>>>             _ _
>>>
>>>             _e-mail[1] / website[2] / facebook[3] / _
>>>
>>>             _AS OF JULY 1, 2019 - I BEGAN OPERATING AS THE LAW  
>>> OFFICES OF BRENT WILLIAMS-RUTH A DIVISION OF BWR CONSULTING, PLLC.  
>>> PLEASE NOTE THE NEW POINTS OF CONTACT BRENT at WILLIAMS-RUTHLAW.COM  
>>> AND WWW.WILLIAMS-RUTHLAW.COM[4] _
>>
>>
>>  
>>      _andrekita
>> Law Office of F. Andrekita Silva
>> 1325 Fourth Avenue, Suite 2000
>> Seattle, Washington 98101
>> 206-224-8288
>> www.seattle-silvalaw.com[5]_
>>
>> _***Disclaimer: Please note that RPPT listserv participation is not  
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Links:
------
[1] mailto:Brent at Williams-RuthLaw.com
[2] http://www.Williams-RuthLaw.com/
[3] http://www.facebook.com/bwrconsults
[4] http://www.Williams-RuthLaw.com
[5] http://www.seattle-silvalaw.com
  andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
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