[WSBARP] seeking litigator re CR 71 objecting to notice of withdrawal
Carl L. Gay
clgay at tfon.com
Fri Jun 3 13:53:42 PDT 2016
Thank you so much, Eric. Thats 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 In an unpublished opinion, Lattimar v.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
829 East Eighth Street Suite A
Port Angeles, Washington 98362
Email clgay at tfon.com
Telephone (360) 452-3323
Facsimile (360) 452-3724
THIS EMAIL TRANSMISSION IS INTENDED FOR THE EXCLUSIVE USE OF THE INDIVIDUAL
OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN PRIVILEGED AND
CONFIDENTIAL INFORMATION THAT IS COVERED BY THE ELECTRONIC COMMUNICATIONS
PRIVACY ACT (18 USC §§ 2510-2521). IF YOU ARE NOT THE INTENDED RECIPIENT OR
AGENT RESPONSIBLE TO DELIVER THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE
HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS
COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
COMMUNICATION IN ERROR; PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND/OR
EMAIL AND DELETE THE ORIGINAL MESSAGE. THANK YOU
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20160603/8652805d/attachment.html>
More information about the WSBARP
mailing list