[WSBAPT] Governor's Stay Home order - EP as essential services?

[Carmen Rowe]

Eric posted the following question:


"Does anyone know if there has been a petition to add estate planning to
the essential services list? I am doing EP for an emergency-room doctor and
I know there are several others doing similar work. But it seems there
should be, at the least, a listing of essential services such as "estate
planning legal services for persons in essential business services."
Ideally it would be just "estate planning legal services" without
restriction; after all, anyone could become ill."


I'm on digest and did not see a response other than the discussion on
notary - so if missed, my apologies up front.

I think attorneys as "essential services" is a much bigger question than
just EP; and it's been discussed fairly extensively on some solo/small
practice listserves I'm on.

The general consensus was that general attorney work remains essential,
even non-criminal work, as it reaches into all kinds of arenas that are
equally as important to the basics of life as estate planning, though
that's been most everyone's initial query. But others: addressing the
myriad issues in business/economic commerce as one example; potentially
losing rights in claims absent any legislative waiver of statutes of
limitations; the need for temporary or other emergency injunctions; family
law; etc. I could expand on the arguments supporting that conclusion but
figure most already can see them.

A from-the-side indicator that "life goes on" is that filings and such
continue with the court, and emergency orders, deadlines for statutes of
limitations, and other things requiring attention of legal counsel even in
civil litigation (hearings/trials are the only restrictions, there being of
course much more involved than hearings/trials - and of course the need to
prepare for the hearings/trials). Never mind criminal work, which would
arguably be considered "barred" if the rest is, as there isn't an exception
carved out of the order. Mediations are continuing. Depositions are
continuing. Per the terms of the order, single-owner lawfirms operating
remotely can continue under the general business provisions - hardly makes
sense to carve out only one type of legal firm. Etc.

In that vein, the Kitsap court asked the Supreme Court about clarification
on notary, and more generally legal services. The Chief Justice responded
that he considers all legal work to fall under "essential". But I don't
think that's clear from the language of the order, and an opinion in an
email is strongly persuasive but of course not formal.

So - as I understand it, that question has been submitted (I believe by the
Supremes themselves) for formal clarification.

There was also a common sentiment that declining to perform legal services
where there are active issues at play would be potential malpractice, as if
you're wrong, the client was jeopardized. Better to err on side of client
protection, I think, especially with such a strong argument about the
essential nature of services all attorneys perform.

There are other practical hurdles to overcome, notaries being a key one,
which are as discussed being addressed separately.

So - looks like there will be some formal clarification soon. I think it
will affirm the necessity of lawyers and other professional services
(including accounting) beyond the very limited exception identified in the
order. Hopefully. We should know here soon one way or the other.


Carmen Rowe, Attorney/Owner



Phone: (360) 669-3576 (direct cell)
Email:  Carmen at GryphonLawGroup.com

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