[WSBAPT] attorneys are officers of thecourt--therefore essential

[Felicia Value, Attorney at Law]

I did my last signing on Tuesday,  out on the porch,  with signers going one at a time and everyone standing far away from each other.  I only did this because the client was in the pipeline.  After all had signed,  I made my copies,  wiped everything down with disinfectant or soap and water,  moved the table and chair back inside,  and mailed the client her originals.  It took a lot of time,  was stressful,  and I don’t believe it met the standards for safe Covid-19 practice.

For estate planning,  I am telling everyone else that the soonest I’ll see anyone in person is June – and that’s subject to conditions at that time.  I’m telling people that we can conduct all interactions on the phone or via video conference and email,  and then I can mail them the final versions,  covered in stickers saying sign here,  initial here,  notarize here.  Far from ideal.  But the best thing I can think of.

I have not been asked to act in an emergency yet.  I’ll have to play those as they come.

Difficult times.   

Felicia Value
Attorney at Law

Sent from Mail for Windows 10

From: Bryce Dille
Sent: Friday, March 27, 2020 1:08 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] attorneys are officers of thecourt--therefore essential

Our office has done 5 like that this week. Our clients consider it an essential service and that’s good enough for me

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of julie at juliefowlerlaw.com
Sent: Friday, March 27, 2020 12:53 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] attorneys are officers of the court--therefore essential

Susan,

I did this in my office yesterday. I exercised appropriate cleaning and distancing to get it done. I believe the service is essential. The only hitch was I didn’t have my normal two witnesses and a notary so I had to modify my documents so one was notary signature only (POA) and one was witnessed only without notary (Will) since I had to act as a witness.

I’m keeping a clear record in my files that this was done during the covid- crises so if there’s any challenge to the documents we have an explanation. 

FWIW, I passed several police officers but no one questioned why I was out.

Julie K. Fowler

Law Office of Julie K. Fowler, P.S.
14205 SE 36th Street, Ste 100
Bellevue, WA 98006
(425) 990-9975
www.juliefowlerlaw.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Susan Donahue
Sent: Friday, March 27, 2020 12:09 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] attorneys are officers of the court--therefore essential

Hello everyone,

I have someone who wants to execute his will.  So, I’m faced with the actual situation now.  On page 10 of the list of “Essential Critical Infrastructure Workers’ issued by Governor Inslee on March 23, 2020, “The Courts, consistent with direction from the Washington State Chief Justice” are listed as part of the “essential workforce”.  As an attorney, I am an officer of the court, therefore, I argue, I can conduct a will signing if the participants always stay 6’ away from one another by approaching a table outside on my office’s porch one at a time to sign, with the table wiped down and the pen wiped down, etc.

Has anyone figured out a way to conduct will signings under these conditions?  Is my argument too novel?  If I did this, could I be in violation of the governor’s order?

I know this has been discussed but in previous threads the issue of notarizing was the issue—not the issue of witnessing a will.

Any thoughts would be helpful.

Thank you.



Susan Donahue
Law Office of Susan Donahue
125 West 2nd Avenue, Suite “B”
P.O. Box 81
Twisp, WA 98856
(509) 996-5944 (phone)
(509) 362-9692 (fax)
sdonahue at sdonahuelaw.com
www.sdonahuelaw.com


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