[WSBAPT] Non-Communicative Counsel

[Amy Goertz]

Good morning - 

I would appreciate any input on this scenario.

I started a probate in Spokane County and brought a Motion to force one of the heirs to return property improperly removed from the estate and transferred into his name, including the decedent’s residence that was transferred after death with a very sketchy Quit Claim Deed that they claim was delivered prior to the decedent’s death.

Opposing counsel filed counter motions to transfer the case to Stevens County (well after the 4-month timeframe for this request) and remove my client as PR.

I indicated in responsive pleadings that my client felt they would not be treated fairly in Stevens County as the other parties and counsel were well-established in the legal community there.

After a hearing, the Spokane judge declined to rule on my motion and granted opposing counsel’s motion to change venue. The Judge’s lengthy ruling indicated that I had acted inappropriately and was insulting the Stevens County judiciary by suggesting they would not be impartial. Ouch.

Opposing counsel has not paid the fee to transfer the case to Stevens County. He indicated that if it gets to that point, he will file a Petition for Attorney Fees for having to bring the Motion to Change Venue.

We have gone back and forth at length regarding the property issues. We finally reached an Agreement to settle the property issues, including that my client would vacate and “broom clean” the residence by October 31. After the last issue was resolved, opposing counsel indicated I should write in the final change and have my client sign the Agreement first. We did so, and signed and returned the signed Agreement on October 31 and my client vacated the residence per the terms of the Agreeement.

I have now not heard from opposing counsel for over a week. His clients have taken over the property and taken estate and non-estate items into their possession. He does not return phone calls and has not responded to the three emails I have sent.

My client is financially and emotionally tapped out. Any suggestions as to what to do next or input as to what options are available to proceed? 

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







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