[WSBAPT] Attorney withdraws from representing PR, can attorney then file/assert claim in estate for PR's unpaid fees?

Fri Feb 19 09:40:30 PST 2021

I think it’s permissible (but not required) to file an attorney lien in the probate file, to give notice of amounts owing pursuant to the automatic lien on an action under RCW 60.40.010(1)(d). Absolutely agree with Dalynne, never ever record an attorney lien against real property—it’s not permitted and could be considered slander of title.

I had to do similar research as Dalynne recently, and I agree, it’s a mess. A lot of confusion is generated by a 2004 amendment to the statute that altered the numbering of the subsections so that pre-2004 case law references to subsection such-and-such have to be translated to the current subsection number. Secondary confusion is caused by early cases making dicta remarks that are wrong, improperly conflating the requirements of two different subsections (formerly subsections 3 and 4, now subsections 1(c) and 1(e)). My best effort at differentiating and explaining the five possible liens, and how to perfect them, and how to decipher the case law, is in the attached memo.

Even if you file the lien, though, the issuing is getting the PR to pay. I would follow Bruce Moen’s advice, on getting the court’s approval as to reasonableness. If the PR disputes the fee, a hearing will be needed even under the lien statute, so might as well get the ruling.

I think filing the lien actually helps/supports Bruce’s process, because if the PR has NPs there are some jurisdictional hurdles to asking the court to rule on anything relating to the Estate. But the lien itself arguably supports the court’s jurisdiction to review reasonableness of the fee, and the case law allows one to graft related lien proceedings into the existing action.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Friday, February 19, 2021 7:29 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Attorney withdraws from representing PR, can attorney then file/assert claim in estate for PR's unpaid fees?

You can file an attorney lien in the probate cause for your fees/costs.
You should not record your lien against real property.
The attorney lien will need to be addressed before the estate can be closed.

Review the attorney lien statutes carefully.  I went through this review recently and they are anything but clear.
If you want to email me privately, I can share some more information and what I accomplished in a few probates over the years.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Sarah McCarthy
Sent: Friday, February 19, 2021 6:49 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Attorney withdraws from representing PR, can attorney then file/assert claim in estate for PR's unpaid fees?

Brain trust:
If attorney withdraws from representing PR of a probate estate and there is an outstanding bill incurred by the PR - is there a method somewhere in RCW 11 that would authorize attorney to request payment of balance of unpaid fees? These were fees incurred by the PR, not the decedent.  This wouldn't be a claim against the decedent, so the creditor's claim procedures don't seem to apply.

Thanks all!

Sarah O’Farrell McCarthy

(Pronouns: she / her)
Attorney | Kelly, Arndt & Walker, Attorneys at Law, PLLP
6443 Harding Avenue | P.O. Box 290 | Clinton, WA  98236

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