[WSBAPT] Change of Attorney without Notifying Client
Andrekita Silva
ak at seattle-silvalaw.com
Fri Nov 12 15:25:55 PST 2021
Law Office of
F.ANDREKITA SILVA
___________________________________________
NOVEMBER 12 , 2021
Jeff,
How do you know that prior lawyer didn't give notice to the PR that a
switch was being made? Since you wouldn't ordinarily have direct
access to a represented party, I assume you are getting this
information second hand. So, there is a possibility that you were
given bad information.
This should have been a notice of Withdrawal and Substitution- so both
the old attorney and new attorney would sign. Since the action of two
lawyers is required, it means TWO lawyers would have proceeded
incorrectly in your case. It's so irregular it starts to sound less
probable that old lawyer just acted unilaterally and like there might
be another explanation. How would old lawyer go about retaining a new
lawyer for PR without notice to the PR? Wouldn't new lawyer want to
communicate with PR to make sure PR wanted them? Wouldn't they want to
secure a legal services agreement signed by PR before stepping in?
Since a substitution of counsel doesn't require the 10 day notice to
opposing side, this could have been done by agreement of prior counsel
and PR. It's also possible that PR fired prior lawyer and retained a
new lawyer, and that this was the reason the substitution was needed.
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
Telephone: 206-224-8288
www.seattle-silvalaw.com
Quoting Eric Nelsen <eric at sayrelawoffices.com>:
> See CR 71[1]. 10-day rule is only for a withdrawal; withdrawal &
> substitution can be immediate.
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> Not that this makes it right in this case, when the client didn’t
> consent to the substitution.
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> Sincerely,
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> Eric
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> Eric C. Nelsen
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> Sayre Law Offices, PLLC
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> 1417 31st Ave South
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> Seattle WA 98144-3909
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> 206-625-0092
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> eric at sayrelawoffices.com
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> 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.
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> FROM: wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com> ON BEHALF OF
> Jeff at bellanddavispllc.com
> SENT: Friday, November 12, 2021 11:00 AM
> TO: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> SUBJECT: Re: [WSBAPT] Change of Attorney without Notifying Client
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> The new lawyer gave me the notice of substitution, but apparently
> not to his client, and they made it effective immediately. Isn’t
> there a 10 day rule?
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> Jeff
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> W. JEFF DAVIS
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> BELL & DAVIS PLLC
> P.O. Box 510
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> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com[2]
>
> The information contained in this e-mail message may be privileged,
> confidential, and protected from disclosure. If you are not the
> intended recipient, any dissemination, distribution, or copying is
> strictly prohibited. If you think that you have received this e-mail
> message in error, please e-mail the sender at
> info at bellanddavispllc.com or call 360.683.1129.
>
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> FROM: wsbapt-bounces at lists.wsbarppt.com[3]
> <wsbapt-bounces at lists.wsbarppt.com> ON BEHALF OF Steve King
> SENT: Friday, November 12, 2021 10:55 AM
> TO: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> SUBJECT: Re: [WSBAPT] Change of Attorney without Notifying Client
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> The attorney can’t do that. Withdrawal without notice is a
> violation of CR 71. Not sure if there’s also an RCW on point.
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> STEPHEN R. KING
> steve at talislawfirm.com
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> TALIS LAW PLLC
> 915 118 Avenue SE, Suite 360
> Bellevue, WA 98005
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> Phone: (425) 943-9968
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> Fax: (425) 777-2097
> talislawfirm.com[4]
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> [5] [6] [7]
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> FROM: wsbapt-bounces at lists.wsbarppt.com[3]
> <wsbapt-bounces at lists.wsbarppt.com> ON BEHALF OF
> Jeff at bellanddavispllc.com
> SENT: Friday, November 12, 2021 10:39 AM
> TO: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> SUBJECT: [WSBAPT] Change of Attorney without Notifying Client
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> Listmates,
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> This is a new one for me. Original attorney, in a probate
> estate, substitutes in a different law firm to take over the
> representation. This was done without the knowledge or consent of
> the Personal Representative, or any of the heirs. Is this allowed?
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> Jeff Davis
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> W. JEFF DAVIS
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> BELL & DAVIS PLLC
> P.O. Box 510
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>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com[2]
>
> The information contained in this e-mail message may be privileged,
> confidential, and protected from disclosure. If you are not the
> intended recipient, any dissemination, distribution, or copying is
> strictly prohibited. If you think that you have received this e-mail
> message in error, please e-mail the sender at
> info at bellanddavispllc.com or call 360.683.1129.
>
>
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Links:
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[1] https://www.courts.wa.gov/court_rules/pdf/CR/SUP_CR_71_00_00.pdf
[2] http://www.bellanddavispllc.com/
[3] mailto:wsbapt-bounces at lists.wsbarppt.com
[4] http://talislawfirm.com/
[5] https://htmlsig.com/t/000001DJJQWC
[6] https://htmlsig.com/t/000001DJK8H3
[7] https://htmlsig.com/t/000001DS1V0N
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