[WSBAPT] Client Death During Active Case

Wed Mar 16 17:13:17 PDT 2022

Thanks to those who have responded.  Wouldn’t it be grand if we were all reasonable and willing to work toward the common goal of resolving a dispute?  Unfortunately, I am not that lucky in this case.  It seems some folks like to be difficult just for the sake of being difficult.  Never a fun situation – even worse when there is a grieving family on the other end.  I digress … I appreciate all of the ideas and practical experience.

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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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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of "steve at aitalaw.com" <steve at aitalaw.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Wednesday, March 16, 2022 at 4:39 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Client Death During Active Case

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,

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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>

Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent.  This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient.  If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it.  If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
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