[WSBAPT] Honesty with PR

Tue Mar 23 12:59:07 PDT 2021

Thank you to all who have responded publicly and privately.

*Brent Williams-Ruth* (preferred pronoun: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to
the following address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /

On Tue, Mar 23, 2021 at 12:55 PM Eric Nelsen <eric at sayrelawoffices.com>
wrote:

> Start with RPC 3.3
> <https://www.courts.wa.gov/court_rules/pdf/RPC/GA_RPC_03_03_00.pdf>,
> especially sections (c) and (f) and comment 14; coupled with RPC 1.6(b)(8)
> <https://www.courts.wa.gov/court_rules/pdf/RPC/GA_RPC_01_06_00.pdf>. The
> “shall” in RPC 3.3 coupled with the “may” in RPC 1.6 have been interpreted
> to mean that we are *required* to disclose known malfeasance to the court.
>
>
>
> That said—we still have confidentiality and loyalty requirements to the
> client, so I bend over backwards to give the client every chance to give me
> what I need to protect them. I have been in this situation before, and have
> explained to the client (without being accusatory) that I need backup
> documentation for my records because I can’t prepare submissions to the
> court without having verified information. On one occasion I made clear to
> the client that I am required to report to the court any breach of
> fiduciary duty and strongly urged them to pay some money back to the
> estate, which repairs the breach and removes the duty to disclose. That
> convinced them to return the funds.
>
>
>
> On another occasion I was forced to withdraw because the client refused to
> provide documentation to me. It wasn’t a case where I had an actual
> indication of malfeasance; just an uneasiness about the scarcity of
> statements coupled with the client’s resistance to providing anything to
> me. Per RPC 3.3, comment 8, my suspicions did not rise to the level of
> “known falsity” that had to be disclosed. But I wanted nothing further to
> do with that client.
>
>
>
> I have yet to be thrust into a situation where I had documented evidence
> of malfeasance and the client refused to remedy the breach, such that I
> would be required to disclose. Knock wood...
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
>
>
>
> *Covid-19 Update - *All attorneys are working remotely during regular
> business hours and are available via email and by phone. Videoconferencing
> also is available. Signing of estate planning documents can be completed
> and will be handled on a case-by-case basis. Please direct mail and
> deliveries to the Seattle office.
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Brent Williams-Ruth
> *Sent:* Tuesday, March 23, 2021 11:53 AM
> *To:* WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Honesty with PR
>
>
>
> Greetings Brain Trust
>
>
>
> I have an estate where I believe that the PR is no longer being truthful
> with me or the other beneficiaries regarding the assets of the Decedent.
> They have refused to create any accounting with actual statements/reports
> from third parties and instead only is creating an excel spreadsheet that
> they have populated.
>
>
>
> This is a first for me and I am not certain as to how to proceed.
>
> Confrontation? Withdrawal? Let him sign declarations/affidavits and not
> worry about inconsistencies from months back?
>
>
>
> Appreciate any thoughts and guidance.
>
> *Brent Williams-Ruth* (preferred pronoun: he/him)
> *Attorney-At-Law*
>
> *Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*
>
> *Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*
>
> ***EFFECTIVE IMMEDIATELY**** All mail sent through the USPS should be
> sent to the following address: PO BOX 3319; Federal Way, WA 98063 *
>
> Office/Scheduling Phone: (253) 285-7751
>
> Direct: (253) 285-7453
>
> e-mail <Brent at Williams-RuthLaw.com> / website
> <http://www.williams-ruthlaw.com/> / facebook
> <http://www.facebook.com/bwrlaw> /
> ***Disclaimer: Please note that RPPT listserv participation is not
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> attorneys, law students, professionals working in related fields, and
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