[WSBAPT] Client Death During Active Case

Wed Mar 16 16:33:41 PDT 2022

I had this happen once before, several years ago. It was particularly tragic in our case because the client committed suicide just a week or so before she was to be deposed. Fortunately in our case, I had a good relationship going with counsel for the two separate defendants, and they were both very understanding and sympathetic, even asking me to convey their condolences to the plaintiff’s family. They immediately and very graciously agreed to informally “suspend” all active motions and other litigation issues to give the family time to figure out if they wanted to proceed and while we got the plaintiff’s daughter appointed as PR. Absent agreement by defense counsel, I would just bring a motion to continue the hearing on the Motion to Compel, including a Motion to Shorten Time if necessary, or at least bring it up in your Response to the Motion. But honestly, I would be surprised if defense counsel really wants to push forward with their Motion to Compel with a deceased plaintiff. I guess that’s a long way of saying, call defense counsel first, tell them what’s going on, and informally ask for some additional time to deal with the unexpected death of the plaintiff. My guess is that defense counsel will be professional about it and oblige you.

Steve Aita

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P. Stephen Aita

Attorney at Law

Admitted in Washington & Idaho

3010 Harborview Dr., Suite 301

Gig Harbor, WA  98335-1977

Tel.: (253) 858-5434

Fax: (253) 276-2373

steve at aitalaw.com

www.aitalaw.com

www.facebook.com/aitalaw

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Wednesday, March 16, 2022 2:22 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Client Death During Active Case

Colleagues,

I have an active case with a pending motion where my client just passed away.  This is a first for me.  I obviously need to commence probate ASAP and have a PR appointed for the estate.  My question is concerning the active case in which the client was a plaintiff and counterclaim defendant – how do I notify the court the court of my client’s death and address the pending motion?  (The pending motion is to compel discovery responses and my client is obviously not going to be able to provide responses).  My client’s family does not want to continue pursuing claims but the defendant/counterclaim plaintiff may choose to pursue claims against the estate (in lieu of the plaintiff himself).  I would imagine there is an issue as to the real party in interest.  

Thanks in advance for any advice.

Best regards,

Inge A. Fordham | Attorney

Fordham Law, PLLC

3218 Sixth Avenue | Tacoma, WA 98406

Office: (253) 348-2657 | Mobile: (206) 778-3131

www.fordhamlegal.com <http://www.fordhamlegal.com> 

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