[WSBARP] Litigation Ethics ( a rare commodity?)

[Andrew Hay]

I tell the lawyer in a letter that I will give him a week to provide his client's address or an acceptance of service or have the defendant make arrangements to be available for service and that if he fails to do so, I will present the inaction as support for prong (2) of RCW 4.28.100.

(2) When the defendant, being a resident of this state, has departed therefrom with intent to defraud his or her creditors, or to avoid the service of a summons, or keeps himself or herself concealed therein with like intent;

I also tell him the cost of publication is higher than service and those costs will be added to an adverse judgment.

I keep the lawyer in the loop all the way because it sure makes it hard for the defendant to try to vacate the judgment for lack of notice, inexcusable neglect or any other defense when the lawyer knew that action was progressing.

Andrew Hay
Hay & Swann PLLC
201 South 34th Street
Tacoma, WA  98418
Phone: (253) 272-2400
Fax:     (253) 267-8947
www.washingtonlaw.net<http://www.washingtonlaw.net/>


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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, June 14, 2017 12:40 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Litigation Ethics ( a rare commodity?)

Hey Litigators!  I represent a HOA that needs to execute on a judgement lien on a residence in the subdivision (for past dues).  House has been vacant for about 10 years and can only be torn down.  In trying to hunt down the owner in order to serve owner with execution pleadings (trying multiple numbers and addresses and leaving messages), I received a call and multiple emails from an attorney who says she represents owner.  No deal is reached AND the attorney declines/refuses to tell me where to serve the owner and will not accept service of process on behalf of the owner.  So I need to go into court and get permission from the court to serve by publication because the owner is purposely trying to avoid service, which will extend the response time from 20 days to 60 days.

So, is there any requirement (moral, legal, or ethical) that I also send copies of the court pleadings to the owner's attorney????  Part of me says "screw 'em.  If the attorney is going to play games (I know, my interpretation) AND I don't really know if she truly represents the owner, then why should the attorney get notice and the pleadings?  Let her find out the normal way (property posting) and then she can file a Notice of Appearance if she wants to."  Another part of me says that I should rise above that thought and give copies to the attorney, if for any reason, because if I need to take a default and go to the sheriff's sale, it would more likely survive a challenge.  What say you??

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