[WSBAPT] Ejectment Action - Pierce County

[Jennifer L White]

I’m certainly not an expert on this, but I have seen instances where attorney’s have taken deeds of trust to secure their fees. Looks like you can, but it has to pass muster under (a).

A quick look at RPC’s:
RPC 1.8 CONFLICT OF INTEREST: CURRENT CLIENTS: SPECIFIC RULES

  1.  A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless: (1) the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client; (2) the client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of an independent lawyer on the transaction; and (3) the client gives informed consent, in a writing signed by the client, to the essential terms of the transaction and the lawyer’s role in the transaction, including whether the lawyer is representing the client in the transaction.


(h) A lawyer shall not: (1) make an agreement prospectively limiting the lawyer's liability to a client for malpractice unless permitted by law and the client is independently represented by a lawyer in making the agreement; or (2) settle a claim or potential claim for such liability with an unrepresented client or former client unless that person is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of an independent lawyer in connection therewith. (i) A lawyer shall not acquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for a client, except that the lawyer may: (1) acquire a lien authorized by law to secure the lawyer's fee or expenses;

Then under the comments:
[16] Paragraph (i) states the traditional general rule that lawyers are prohibited from acquiring a proprietary interest in litigation. Like paragraph (e), the general rule has its basis in common law champerty and maintenance and is designed to avoid giving the lawyer too great an interest in the representation. In addition, when the lawyer acquires an ownership interest in the subject of the representation, it will be more difficult for a client to discharge the lawyer if the client so desires. The Rule is subject to specific exceptions developed in decisional law and continued in these Rules. The exception for certain advances of the costs of litigation is set forth in paragraph (e). In addition, paragraph (i) sets forth exceptions for liens authorized by law to secure the lawyer’s fees or expenses and contracts for reasonable contingent fees. The law of each jurisdiction determines which liens are authorized by law. These may include liens granted by statute, liens originating in common law and liens acquired by contract with the client. When a lawyer acquires by contract a security interest in property other than that recovered through the lawyer’s efforts in the litigation, such an acquisition is a business or financial transaction with a client and is governed by the requirements of paragraph (a). Contracts for contingent fees in civil cases are governed by Rule 1.5.

Jennifer L. White, Esq.
[cid:image001.jpg at 01D82349.60C1FBA0]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Wednesday, February 16, 2022 2:56 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Ejectment Action - Pierce County

I thought getting security on a property in an arrangement like this was against the RPCs? Am I misinformed on that?

On Wed, Feb 16, 2022 at 2:10 PM Jennifer L White <jen at appletreelaw.com<mailto:jen at appletreelaw.com>> wrote:
If there are any attorneys out there that practice LL/T that are willing to take some of these on with payment later upon sale of the house, please respond. In my particular case, my client would gladly pay a healthy premium and can give security. There is plenty of equity in the property, but we have to get the deadbeat relative out of there to realize it.

Jennifer L. White, Esq.
[cid:image001.jpg at 01D82349.60C1FBA0]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

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 Kaitlyn Jackson
Sent: Wednesday, February 16, 2022 1:53 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Ejectment Action - Pierce County

This is most likely an ejectment action and using 59.18 to terminate the "tenancy" might only hurt the situation for the PR even more. Admitting or posturing the occupants' rights as subject to RCW 59.18 could make it more time consuming to remove them. An ejectment action might be faster and there's the risk that the court might even dismiss any attempts to use 59.18 and have the PR start over with ejectment action.

On Wed, Feb 16, 2022 at 1:35 PM Amy Goertz <amyjgoertz at icloud.com<mailto:amyjgoertz at icloud.com>> wrote:
Yes, that is a good starting point. I would be willing to bet, however, that the beneficiary (who is neither a relative nor the PR, but was the decedent’s live-in boyfriend)  will not go with just a Notice.

Does anyone know of someone with this type of practice in Pierce County?

Amy

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com<mailto:amyjgoertz at icloud.com>

1.888.926.2607 phone
1.877.684.1627 fax
Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.goertzlambrecht.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=kDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho&m=Kw8PJ41gpT2B9AWjkn9PXVztuXD4Hi8dknT5KmAL0JM&s=5SPzicB2NoRAeaOTv-qqbTxA-fu8KC5q_qNbRioNgwI&e=>






On Feb 16, 2022, at 1:14 PM, Gwendolyn Cornwell <Gwendolyn at glgmail.com<mailto:Gwendolyn at glgmail.com>> wrote:

The PR could serve the relative with a 90-day Notice to Vacate and Intent to Sell pursuant to RCW 59.18.650(e).  So long as the relative living in the house is not the PR, of course.

Gwendolyn Cornwell
Attorney

Gourley Law Group
The Exchange Connection
Snohomish Escrow
P.O. Box 1091
Snohomish, WA 98291
PH:  (360) 568-5065 (800) 291-8401
Fax: (360) 568-1717



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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 Diane J. Kiepe
Sent: Wednesday, February 16, 2022 12:36 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Ejectment Action - Pierce County

This is getting out of control – I have 3 such cases now.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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 Jennifer L White
Sent: Wednesday, February 16, 2022 12:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Ejectment Action - Pierce County

Please post responses to the list. I’ve got a probate with one of those too. My client (PR) went and had a consultation with a LL/T attorney, who advised her to do a cash for keys deal with the errant relative. Client comes back to me with that information, and when I asked where they were going to get the cash, I got a long silence in response……

Jennifer L. White, Esq.
<image001.jpg>

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

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 Amy Goertz
Sent: Wednesday, February 16, 2022 12:13 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Ejectment Action - Pierce County

As some of you may recall from a previous post to this list serve, I have an estate in Pierce County in which the beneficiary needs to be removed from the house so that the house can be sold to satisfy creditors. You may rest assured that he is not going to cooperate in this endeavor unless someone is outstandingly charming and convincing.

I will need an attorney who specializes in this area of practice to accomplish this. The estate has no money and will not have any money until the beneficiary is removed and the house sold.

Any thoughts on who might be willing to help with this challenge and wait to be paid until the sale of the home?

Thanks in advance for any suggestions -

Amy

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com<mailto:amyjgoertz at icloud.com>

1.888.926.2607 phone
1.877.684.1627 fax
Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.goertzlambrecht.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=kDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho&m=y9bk9R6lQv8a4kue2q1pt7ZtUQ0QXn6GxJKMFgixOKk&s=hGf-6eCjwI02tZ0bxca-FLxd-wWxZ7lPg1SK_UtAOdo&e=>






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Thank you,

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Dimension Law Group, PLLC
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Thank you,

Kaitlyn R. Jackson, Attorney
Dimension Law Group, PLLC
Office:  206-973-3500│Fax:  206-577-5090
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Please note our office is closed November 24th through November 26th and December 24th through January 2nd.

PRIVILEGED AND CONFIDENTIAL:  This email (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this email is prohibited. If you have received this email in error, please immediately notify us by email, facsimile, or telephone; return the email to us at the email address below; and destroy all paper and electronic copies.

Please note that I will be going on leave starting November 15, 2021 through April 1, 2022, and will not have access to phone or email. Please email Info at Dimensionlaw.com<mailto:Info at Dimensionlaw.com> to receive assistance.

PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm’s client(s) or its agents.  IRS CIRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
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