[WSBARP] Who is My Client?

Tue Dec 9 15:26:36 PST 2014

Thanks to all who answered my post.  

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Tuesday, December 9, 2014 12:19 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Who is My Client?

I think in the DPOA context you can play it either way, in a manner that
probate doesn't necessarily allow.

1. Agent could be the client, and the scope of representation would be "to
assist and advise agent in her/his fiduciary duties toward the principal, on
understood task to evict tenants at principal's mobile home park." In this
scenario, no attorney-client privilege attaches to any communication with
the principal, and the duties of the lawyer are a little different, because
the idea is to keep the agent out of trouble by ensuring that exercise of
the DPOA is for principal's benefit and not for the client-agent. Would
advise on whether and when to evict in the principal's interest.

2. Principal could be the client, and the scope of representation would be
"to assist and advise client on evicting tenants at client's mobile home
park" with the agent protected by client's attorney-client privilege as a
necessary part of communication. Duty would be directly to the principal,
and advising whether and when to evict.

Sincerely,

Eric

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Tuesday, December 09, 2014 11:53 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Who is My Client?

All of this raises for me once again, the issue of who is the probate
client.  I think the consensus is that the client is the PR not the estate;
but the reasoning on the dpoa issue is the same; is the agent or the
principal the client?

Roger Hawkes, WSBA # 5173

19909 Ballinger Way NE

Shoreline, WA 98155

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

206 367 5000

Fax is 206 367 4005

From: Steve Tubbs [mailto:steven.tubbs at comcast.net] 
Sent: Tuesday, December 09, 2014 11:40 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Who is My Client?

Isn't the POA a durable power?  If so, then what conditions trigger the
right to act when the grantor no longer has capacity?  If properly written,
the POA should allow the nephew to act as agent, lack of capacity
notwithstanding, IMHO.  Steve Tubbs

On Dec 9, 2014, at 10:18 AM, "Marc Holmes" <marc at holmeslawgroup.com
<mailto:marc at holmeslawgroup.com> > wrote:

I agree that the aunt is the real client and the fee agreement should
clearly state that and the nephew's role.  I also insist on meeting the
client in person, or at a minimum, speaking to him or her by phone so I can
judge for myself the person's capacity and intentions.  If I have the
slightest doubt, pass.

Marc Holmes

Holmes Law Group PLLC

808 5th Ave N

Seattle WA 98109

HolmesLawGroup.com <http://holmeslawgroup.com/> 

 <mailto:marc at holmeslawgroup.com> marc at holmeslawgroup.com

Ofc: 206-357-4224

Cell: 206-849-0853

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
[mailto:wsbarp-bounces at lists.wsbarppt.com
<mailto:bounces at lists.wsbarppt.com> ] On Behalf Of Jeanne Dawes
Sent: Tuesday, December 9, 2014 9:49 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Who is My Client?

It appears the nephew is acting as agent for the Aunt, so the Aunt would be
your client.  Make sure the POA gives the Nephew the proper authority to do
what you need done.  I would disclose to the Nephew that you are
representing his Aunt, not him individually.  Engagement Agreement should
address DPOA issues.

Jeanne

Jeanne J. Dawes

Attorney at Law

Gore & Grewe, P.S.

103 E. Indiana Avenue, Suite A

Spokane, WA 99207-2317

Voice:  509-326-7500

Fax:      509-326-7503

jjdawes at goregrewe.com <mailto:jjdawes at goregrewe.com> 

INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND
CONFIDENTIAL. 

From:  <mailto:wsbarp-bounces at lists.wsbarppt.com>
wsbarp-bounces at lists.wsbarppt.com [
<mailto:wsbarp-bounces at lists.wsbarppt.com>
mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Tuesday, December 09, 2014 9:42 AM
To:  <mailto:wsbarp at lists.wsbarppt.com> wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Who is My Client?

Never really had this situation before.  Aunt is 96 years old and owns a
mobile home park.  Nephew (and only heir) comes to me to help evict many
meth-heads, etc.  Nephew has Aunt's full DPOA effective immediately.  Who is
my client?  The Aunt, by and through the Nephew, or is the Nephew my client,
as the attorney in fact for his Aunt?  For purposes of the unlawful detainer
actions, I believe I have to file on behalf of the Aunt because she owns the
property and, so, has standing.  I would then have the Nephew sign
everything for her, under her name.  I just feel a little uncomfortable
acting completely using the DPOA.  Thanks for your guidance.  Paul Neumiller

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