[WSBARP] seeking litigator re CR 71 objecting to notice of withdrawal

[Eric Nelsen]

No way! That is not allowed. The express language of CR 71(d) makes that impossible--can't comply with the formal requirements of the notice if a lay person is the substitute "attorney." In an unpublished opinion, Lattimar v. Winslow, 114 Wn.App. 1037, No. 50514-9-1, 2002 WL 31518146, at *3 (Nov. 12, 2002), Division I of the Court of Appeals held that CR 71(d) cannot be used to withdraw and substitute a lay person, even if the client consents to the procedure.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
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Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040

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We are moving our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel) over the weekend of June 25th & 26th, and will reopen on Monday, June 27, 2016.

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Carl L. Gay
Sent: Friday, June 03, 2016 6:02 AM
To: listserve real property; listserve elder law
Subject: [WSBARP] seeking litigator re CR 71 objecting to notice of withdrawal

Dear colleagues,

I wish to consult with a litigator experienced in CR 71 (d) matters.  Opposing counsel moved for immediate withdrawal (upon one hour notice to me that he would appear on the daily ex parte calendar) and I appeared and filed a written objection.  The court ruled CR 71 (d) allowed his client (a non-lawyer residing in a foreign jurisdiction who said in an affidavit she wanted to represent herself) to be deemed an "attorney" and thus opposing counsel was entitled to immediately withdraw because that was tantamount to substitution of a new lawyer.

Carl Gay


CARL LLOYD GAY

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GREENAWAY, GAY & TULLOCH
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