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

[Carl L. Gay]

Thank you so much, Eric.  That’s exactly how I read CR 71 (d). clg

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Friday, June 03, 2016 12:43 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] seeking litigator re CR 71 objecting to notice of
withdrawal

 

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 In an unpublished opinion, Lattimar v.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

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

Please Note that We Have an Upcoming Office Move:

 

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.

 

Our new address will be 1417 31st Avenue South, Seattle WA 98144. All other
contact information will remain the same.

 

 

 

 

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  

 

what counts in life is what we do for others

               

GREENAWAY, GAY & TULLOCH

Attorneys and Counselors at Law                     

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Port Angeles, Washington   98362

Email                      clgay at tfon.com

Telephone               (360) 452-3323


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