[WSBARP] seeking litigator re CR 71 objecting to notice of withdrawal
Eric Nelsen
Eric at sayrelawoffices.com
Mon Jun 6 12:26:44 PDT 2016
All--I pulled the Lattimar v. Winslow cite from the WSBA Civil Procedure Deskbook Sec. 71.6(1)(c) (3d ed. 2014), but after searching I haven't been able to actually find the case anywhere. Anyone have an idea where it might be? I don't have Westlaw so I'm not able to follow that WL cite...
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 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 In an unpublished opinion, Lattimar v. Winslow, 114 Wn.App. 1037, No. 50514-9-1, 2002 WL 31518146, at *3 (Nov. 12, 2002), Division I of the Court of Appeals held that CR 71(d)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> [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<mailto:clgay at tfon.com>
Telephone (360) 452-3323
Facsimile (360) 452-3724
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