[WSBAPT] Entering Notice of Appearance when previous counsel is non-responsive

[Bruce Moen]

I have used a Discharge of Counsel signed the client.  Basically, “You’re fired!”

I have not tried this for the Registered Agent, but I see no reason why the PR cannot withdraw the appointment and simultaneously appoint another.
11.36.010(6) does not seem to impose any limitations on the PR unilaterally appointing anyone the PR wishes so long as the new agent is bondable and meets the other requirements of the statute.

  -Bruce Moen

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Julie Martiniello
Sent: Monday, January 18, 2021 10:00 AM
To: Trust and Probate Section <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Entering Notice of Appearance when previous counsel is non-responsive

Hello All,

I have a PR that has hired me to represent her in a probate in which she previously had another attorney open the estate. The previous attorney has not responded to client communication since August of 2020 or to my communication over the last week. Normally I have a previous attorney sign a withdrawal and substitution of counsel in this scenario, but that is not going to happen here. I did check and the attorney's license is active and I did not find an obituary.

I am wondering if I am able to enter in my notice of appearance unilaterally in this case or if I have to have the court remove the previous attorney and allow my appearance? The previous attorney is also the registered agent as PR lives out of state so I need to update that as well and DSHS is also involved with a claim if that makes a difference.

Any guidance would be appreciated if you have dealt with a similar situation before. Thank you!



--
Respectfully,

JULIE A. MARTINIELLO | PARTNER | DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: 206.973.3500 | f: 206.577.5090| e: JULIE at dimensionlaw.com|<mailto:JULIE at dimensionlaw.com|> www.dimensionlaw.com<http://www.dimensionlaw.com/>


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