[WSBARP] Landlord Question - Next legislative session

Jim Doran jim at doranlegal.com
Mon Dec 21 10:35:29 PST 2020


Yes.  Greg.  I heard it from you.  Brilliant.

After Christmas let’s see what our combined efforts can do.

Jim

On Sat, Dec 19, 2020 at 9:31 PM Gregory L. Ursich <gursich at insleebest.com>
wrote:

> Jim: this is exactly what I proposed in my email yesterday. A tenant
> relief bill whereby rent is paid on behalf of the tenant directly to the
> landlord. If a qualified tenant refused or failed to participate and still
> did not pay her rent, then unlawful detainer would be available to evict
> them.
> Public Policy to help both sides in a crisis can work. Can we get the
> Governor and the Legislature to now pay attention! -Greg Ursich, Inslee Best
>
> Sent from my iPhone
>
> On Dec 19, 2020, at 1:12 PM, Jim Doran <jim at doranlegal.com> wrote:
>
> 
> Wow.  what a brilliant string of thoughts.  One of you, buried down the
> string quite a ways, articulated what I would call the best analysis.  I
> would like to add just a bit.
>
> The brilliant one said, and I am paraphrasing, that one of the purposes of
> the federal government in times like these is to step up to help.  In this
> case that would have (and probably still could) meant that a landlord -
> tenant relief bill be adopted until the end of the pandemic.  If a tenant
> could show that he/she was financially disadvantaged because of the Covid
> and filled out the paperwork, then the tenant's rent would be paid directly
> to the landlord.  If the tenant did not qualify or simply did not take the
> time and effort to fill out the forms and go to the interview, then the
> regular rules of unlawful detainer would apply.  Pretty simple.  There are
> details, of course.
>
> Yes, this would create another layer of bureaucracy at the state level and
> would take some time to set up.  An interim forbearance could be allowed.
> However, this landlord - tenant relief bill is better than all the terrible
> predictions that have been brought up in this email discussion.  I believe
> the harm will be very substantial if a process like this is not developed
> and implemented.
>
> Why wasn't it developed and implemented?  (Or, where does the real fault
> lie?)  If the federal government had addressed the Covid pandemic in a
> professional way, the need for the landlord - tenant relief bill would have
> been vetted and most likely funded by a significant fund to the individual
> states for the purposes stated.  But, as we know, the President didn't step
> up.  The real core of this problem is failed leadership at the top.
>
> I appreciate all of the comments, even the two from Voltaire.  But I would
> like whoever it was who had this brilliant idea to step forward and be
> recognized.  It is the only real solution to this situation.  I have said
> many times, "I may not ever have a creative idea, but I sure do recognize
> one when I hear it."
>
> Thank you all for the focus on this.  Are we going to try to outlast the
> Covid....for another 8 months... or try to get something like this from the
> Biden Administration?  That's the question now.
>
> James Doran
>
> <https://www.google.com/maps/search/E.+Pine+Street+-+Suite+205+%0D%0A+%0D%0ABellingham,+WA+98225?entry=gmail&source=g>
> James R. Doran
> Attorney at Law
> 100 E. Pine Street -
> <https://www.google.com/maps/search/E.+Pine+Street+-+Suite+205+%0D%0A+%0D%0ABellingham,+WA+98225?entry=gmail&source=g>
> Suite 205
> <https://www.google.com/maps/search/E.+Pine+Street+-+Suite+205+%0D%0A+%0D%0ABellingham,+WA+98225?entry=gmail&source=g>
> Bellingham, WA 98225
> <https://www.google.com/maps/search/E.+Pine+Street+-+Suite+205+%0D%0A+%0D%0ABellingham,+WA+98225?entry=gmail&source=g>
> (360)393-9506
> jim at doranlegal.com
> www.doranlegal.com
>
>
> On Fri, Dec 18, 2020 at 11:39 AM Lenard Wittlake <lwlaw at my180.net> wrote:
>
>> Mr. Long is correct, imho.  He is not talking about removing landlords
>> from their homes.  He is talking about the government taking control of
>> dwellings away from the landlord owners.  That is expropriation of
>> dwellings, even if temporarily.
>>
>>
>>
>> As for mob rule, that * was* a concern of the founders (we were pretty
>> much started by disfavored minorities that fled slaughter in other places)
>> and that is relevant in analyzing the use of emergency powers which has
>> stripped away all of the protections mentioned.  The pandemic is the reason
>> for invoking emergency powers.  The problem under discussion is the way the
>> powers are used, who benefits and who pays. So I have an opinion about why
>> a politician would choose to lay the burden on landlords instead of broader
>> society.  At least these days no one gets killed over differences of
>> opinion …. oh, wait..
>>
>>
>>
>> There are valid points and concerns on the right and the left.  But our
>> society seems to not care about coming to a consensus that works for more
>> than a mere majority (I live in OR where Portland can outvote the rest of
>> the state).  But our system has worked better than most others, until
>> emergency powers are used based on politics instead of rational analysis
>> and problem solving.  That Canadian idea someone mentioned makes sense to
>> me.
>>
>>
>>
>>
>>
>> Lenard L Wittlake, PLLC
>>
>> Attorney & Counselor at Law
>>
>> 22 East Poplar Street, Suite 202
>> <https://www.google.com/maps/search/22+East+Poplar+Street,+Suite+202?entry=gmail&source=g>
>>
>> P.O. Box 1233
>>
>> Walla Walla, WA 99362
>>
>> (509) 529-1529 voice
>>
>> (509) 850-3515 fax
>>
>> www.lwattorney.com
>>
>> Lenard at wittlakelaw.com
>>
>>
>>
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>>
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>>
>>
>> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
>> wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Eric Nelsen
>> *Sent:* Friday, December 18, 2020 10:08 AM
>> *To:* WSBA Real Property Listserv
>> *Subject:* Re: [WSBARP] Landlord Question - Next legislative session
>>
>>
>>
>> Life tenure for federal judges, the apportionment of the US Senate, and
>> the electoral college, being the antimajoritarian aspects of the structure
>> of federal government, don’t seem relevant to this Washington state
>> discussion. The Washington State bicameral legislature is proportionally
>> representative in both houses and operates by majority rule in both houses.
>> Our judges are elected at every level all the way up to the Supreme Court.
>> I don’t think any of that has changed since the state was founded in 1889.
>>
>>
>>
>> I suppose a judiciary can be considered to some extent “antimajoritarian”
>> simply by its existence, in that rule of law helps prevent mob rule and
>> re-channels efforts to change the law to the legislative process. But a
>> judiciary is also upholding the laws enacted by the legislature, which is
>> basically a pro-majoritarian function.
>>
>>
>>
>> Hairsplitting about Constitutional Republic versus Representative
>> Democracy doesn’t change the fact that self-governance, by either
>> structure, involves consent of all to abide by the collective decision of
>> the government. That is, by definition, rule of law.
>>
>>
>>
>> So if our self-governmental process--the state legislature--changes the
>> legal landscape in a way that prioritizes life or liberty over certain
>> property rights, that is not tyranny just because one might disagree with
>> the decision. A lawyer who stands against that process would be, by
>> definition, *opposing* the rule of law.
>>
>>
>>
>> None of which means a lawyer can’t fiercely advocate for a change in the
>> law, or argue regulatory taking or whatever. But that’s not an
>> “antimajoritarian” role for lawyers as a group; that’s individual advocacy
>> within the law.
>>
>>
>>
>> It’s incoherent to argue that “rule of law” prevents the legislature from
>> changing the law. If one doesn’t like the change, one is simply arguing for
>> the status quo. Of course one has a right to do so; but it does not make
>> that person a righteous defender of rule of law, or a principled
>> antimajoritarian. It’s just a political position, and win or lose the
>> legislative battle, I would expect compliance with the law.
>>
>>
>>
>> Sincerely,
>>
>>
>>
>> <https://www.google.com/maps/search/1417+31st+Ave+South+%0D%0A+Seattle+WA+98144-3909?entry=gmail&source=g>
>>
>> Eric
>>
>>
>>
>> Eric C. Nelsen
>>
>> Sayre Law Offices, PLLC
>>
>> 1417 31st Ave South
>> <https://www.google.com/maps/search/1417+31st+Ave+South+%0D%0A+Seattle+WA+98144-3909?entry=gmail&source=g>
>>
>> Seattle WA 98144-3909
>> <https://www.google.com/maps/search/1417+31st+Ave+South+%0D%0A+Seattle+WA+98144-3909?entry=gmail&source=g>
>>
>> 206-625-0092
>>
>> eric at sayrelawoffices.com
>>
>>
>>
>> *Covid-19 Update - *All attorneys are working remotely during regular
>> business hours and are available via email and by phone. Videoconferencing
>> also is available. Signing of estate planning documents can be completed
>> and will be handled on a case-by-case basis. Please direct mail and
>> deliveries to the Seattle office.
>>
>>
>>
>> *From:* K. Garl Long <Garl at longlaw.biz>
>> *Sent:* Thursday, December 17, 2020 5:50 PM
>> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; Eric
>> Nelsen <eric at sayrelawoffices.com>
>> *Subject:* Re: [WSBARP] Landlord Question - Next legislative session
>>
>>
>>
>> Our country was founded as a Constitutional Republic, not an absolute
>> Democracy. We did this to avoid the institution of tyranny by the
>> majority.  We did this to protect the minority, to assure that each person,
>> would have the inalienable right live life in liberty, to pursue happiness
>> without fearing deprivation by the majority.
>>
>> It is true that our constitutions have been much weakened, it may be that
>> this will continue until the majority can trample unfettered on the rights
>> of disfavored groups; it will most certainly occur if lawyers do not stand
>> for the rule of law, especially against the majority.
>>
>> KGL
>>
>>
>>
>> On 12/17/2020 05:34 PM, Eric Nelsen wrote:
>>
>> It would be good for some real property lawyers to be involved in further
>> discussions of the moratoria, and certainly anything as consequential as
>> legislation.
>>
>>
>>
>> “Outvoting y’all” is also called majority rule in a democracy. That rests
>> on the social contract, that for the greater good of all, the minority
>> agrees to abide by the decision of the majority. There is a flood of
>> opinionated people in this country right now who appear to have forgotten
>> that. I would hope that lawyers as a group have not forgotten. If our
>> legislators change the priorities between property rights and life and
>> liberty interests, that is how self-governance works.
>>
>>
>>
>> “Expropriation of dwellings” bollocks. No *landlord* is being removed
>> from their home. Landlords’ right to use the courts to enforce payment of
>> rent is being temporarily blocked during a health emergency. The debt
>> remains owing and there will be a huge financial and legal mess to clean
>> up. But I think calling it “expropriation of dwellings” is hardly
>> appropriate.
>>
>>
>>
>> Sincerely,
>>
>>
>>
>> <https://www.google.com/maps/search/1417+31st+Ave+South+%0D%0A+Seattle+WA+98144-3909?entry=gmail&source=g>
>>
>> Eric
>>
>>
>>
>> Eric C. Nelsen
>>
>> Sayre Law Offices, PLLC
>>
>> 1417 31st Ave South
>> <https://www.google.com/maps/search/1417+31st+Ave+South+%0D%0A+Seattle+WA+98144-3909?entry=gmail&source=g>
>>
>> Seattle WA 98144-3909
>> <https://www.google.com/maps/search/1417+31st+Ave+South+%0D%0A+Seattle+WA+98144-3909?entry=gmail&source=g>
>>
>> 206-625-0092
>>
>> eric at sayrelawoffices.com
>>
>>
>>
>> *Covid-19 Update - *All attorneys are working remotely during regular
>> business hours and are available via email and by phone. Videoconferencing
>> also is available. Signing of estate planning documents can be completed
>> and will be handled on a case-by-case basis. Please direct mail and
>> deliveries to the Seattle office.
>>
>>
>>
>> *From:* wsbarp-bounces at lists.wsbarppt.com
>> <wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com> *On
>> Behalf Of *Lenard Wittlake
>> *Sent:* Thursday, December 17, 2020 4:36 PM
>> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
>> <wsbarp at lists.wsbarppt.com>
>> *Subject:* Re: [WSBARP] Landlord Question - Next legislative session
>>
>>
>>
>> So there you have it.  There are enough who “vehemently support” the
>> “expropriation of dwellings” that they can now outvote y’all, so what do
>> you expect from politicians?
>>
>>
>>
>> Since the Governor has not “surgically” addressed the overreach problems
>> in four iterations of the moratorium, it is not likely going to happen in
>> the fifth.
>>
>>
>>
>> It appears to be time for the section to organize an evaluation of the
>> proposed legislation.  I assume our appointed leaders are working on such.
>>
>>
>>
>> Lenard L Wittlake, PLLC
>>
>> Attorney & Counselor at Law
>>
>> 22 East Poplar Street, Suite 202
>> <https://www.google.com/maps/search/22+East+Poplar+Street,+Suite+202?entry=gmail&source=g>
>>
>> P.O. Box 1233
>>
>> Walla Walla, WA 99362
>>
>> (509) 529-1529 voice
>>
>> (509) 850-3515 fax
>>
>> www.lwattorney.com
>>
>> Lenard at wittlakelaw.com
>>
>>
>>
>> The information contained in this email may be privileged, confidential or
>>
>> otherwise protected from disclosure.  If you received this email in error,
>>
>> please reply to the sender that you have received this information in
>> error
>>
>> and delete this email.
>>
>>
>>
>> *From:* wsbarp-bounces at lists.wsbarppt.com [
>> mailto:wsbarp-bounces at lists.wsbarppt.com
>> <wsbarp-bounces at lists.wsbarppt.com>] *On Behalf Of *Christy M
>> *Sent:* Thursday, December 17, 2020 2:41 PM
>> *To:* WSBA Real Property Listserv
>> *Subject:* Re: [WSBARP] Landlord Question - Next legislative session
>>
>>
>>
>> I, for one, do not meekly accept; I vehemently support.
>>
>>
>>
>>
>>
>> -------- Original message --------
>>
>> From: "K. Garl Long" <Garl at longlaw.biz>
>>
>> Date: 12/17/20 2:15 PM (GMT-08:00)
>>
>> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
>>
>> Subject: Re: [WSBARP] Landlord Question - Next legislative session
>>
>>
>>
>> If you choose to put money that you have earned into the pocket of the
>> owner of a dwelling, in exchange for the privilege of living there, it is
>> called a contract.
>>
>> If the government expropriates the dwelling from the owner so that you
>> can live there without paying, it is theft. You may recall that the
>> Intolerable Acts included such expropriation of dwellings.  This is what
>> our founders fought against, and which we now meekly accept.
>>
>> KGL
>>
>>
>>
>> On 12/17/2020 01:55 PM, Andrew Hay wrote:
>>
>> Voltaire again … As far as his notion of government taking money from one
>> class and giving to another, as a non-landlord, I see my money going to
>>  the pockets of landlords.  I fund governmental benefits with my taxes.
>> Those benefits are paid to landlords for rent.  Generally, rent paid to
>> landlords by those on government benefits is a disproportionately high
>> percentage of their income.  Voltaire would likely conclude the landlords
>> are the ones benefitting from this governmental transfer.
>>
>> Perhaps the moratorium suspends this transfer to landlords to allow my
>> taxes to temporarily fund pandemic relief.
>>
>>
>>
>> *Andrew Hay*
>>
>> Hay & Swann PLLC
>>
>> 201 S. 34th St.
>>
>> Tacoma, WA 98418
>>
>> *www.washingtonlaw.net
>> <https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.washingtonlaw.net%2F&data=04%7C01%7C%7C3ad32d5fc4764794e46e08d8a2d935b8%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438401075055698%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=DtUXJVBQr9jrfAcs0VP8AjpgaqzovLn11GNixl6v0Ug%3D&reserved=0>*
>>
>> *andrewhay at washingtonlaw.net <andrewhay at washingtonlaw.net>*
>>
>> 253.272.2400 (w)
>>
>> 253.377.3085 (c)
>>
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>> *From:* wsbarp-bounces at lists.wsbarppt.com [
>> mailto:wsbarp-bounces at lists.wsbarppt.com
>> <wsbarp-bounces at lists.wsbarppt.com>] *On Behalf Of *K. Garl Long
>> *Sent:* Thursday, December 17, 2020 1:34 PM
>> *To:* WSBA Real Property Listserv; Rob Rowley
>> *Subject:* Re: [WSBARP] Landlord Question - Next legislative session
>>
>>
>>
>> *It is not inequality which is the real misfortune, it is dependence. *Voltaire
>> again.
>>
>>
>>
>> On 12/17/2020 11:25 AM, Rob Rowley wrote:
>>
>> In general, the art of government consists of taking as much money as
>> possible from one class of citizens to give to another.  Voltaire.
>>
>>
>>
>>
>>
>>
>>
>> *From:* wsbarp-bounces at lists.wsbarppt.com <
>> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Chris B
>> *Sent:* Thursday, December 17, 2020 10:59 AM
>> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
>> *Subject:* Re: [WSBARP] Landlord Question - Next legislative session
>>
>>
>>
>> I just entered into an agreement to sell 4 of my 12 rental homes as a
>> package.  All will be town down and replaced with McMansions. These are
>> nice homes that I am proud to own, two of which have tenants in them for
>> more than 10 years.  While all my tenants are current in their rent, I no
>> longer wish to be in the rental housing business in a state that is clearly
>> trying to kill that business.
>>
>>
>>
>> As they say, it is “a feature, not a bug.”
>>
>>
>>
>> Chris Benis
>>
>> Hecker, Wakefield & Feilberg, P.S.
>>
>> 321 First Avenue West, Seattle, WA
>> <https://www.google.com/maps/search/321+First+Avenue+West,+Seattle,+WA+98119?entry=gmail&source=g>
>> 98119
>> <https://www.google.com/maps/search/321+First+Avenue+West,+Seattle,+WA+98119?entry=gmail&source=g>
>>
>> 206.447-1900 office – 206.447.9075 fax – www. heckerwakefield.com
>> <https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fheckerwakefield.com%2F&data=04%7C01%7C%7C3ad32d5fc4764794e46e08d8a2d935b8%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438401075065693%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=yX6TEYkb2qMyn9cK3xUbOGsIz48aS9fz2uX8r%2FF%2FIxE%3D&reserved=0>
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>>
>>
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>>
>> *From:* wsbarp-bounces at lists.wsbarppt.com <
>> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Rani K. Sampson
>> *Sent:* Thursday, December 17, 2020 10:51 AM
>> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
>> *Subject:* Re: [WSBARP] Landlord Question - Next legislative session
>>
>>
>>
>> The long-term consequences of forcing landlords to absorb large financial
>> losses are predictable:  landlords will liquidate their real estate
>> investments (they’ll sell).  Tenants will have much less housing to choose
>> from.  Rental houses will be incredibly hard to find.  The void might be
>> filled by corporate landlords building apartments or government landlords
>> building projects.
>>
>>
>>
>> This is very bad for tenants, long term.  The loss of rental housing will
>> affect all of us.
>>
>>
>>
>> *Rani K. Sampson*
>>
>> Overcast Law Offices | Attorney
>>
>> 23 S Wenatchee Ave #320, Wenatchee WA 98801
>> <https://www.google.com/maps/search/23+S+Wenatchee+Ave+%23320,+Wenatchee+WA+98801?entry=gmail&source=g>
>> | (509) 663-5588 x 6
>>
>>
>>
>> *From:* wsbarp-bounces at lists.wsbarppt.com <
>> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Kary Krismer
>> *Sent:* Thursday, December 17, 2020 10:37 AM
>> *To:* wsbarp at lists.wsbarppt.com
>> *Subject:* Re: [WSBARP] Landlord Question - Next legislative session
>>
>>
>>
>> You're generalizing.  The moratorium protects an entire class regardless
>> of their need, at the expense of another class, regardless of their need.
>> If it were based on economics I'd have little problem with it, but it's
>> not.  Beyond that though, I'm worried about the long term adverse effects
>> on those who actually need the protection.  The moratorium may have given
>> them a false sense of security and lead them to make bad decisions.  Back
>> when I practiced law I did primarily debtor bankruptcy and the moratorium
>> is likely causing people to make decisions that no competent financial
>> planner would ever advise them to make.
>>
>> Also, you can't even assume someone who rents cannot afford to own.  They
>> may just not wish to own for many different reasons.
>>
>> Kary L. Krismer
>>
>> 206 723-2148
>>
>> On 12/17/2020 10:20 AM, Andrew Hay wrote:
>>
>> I will take the pro moratorium position.  Donning my suit of armor at the
>> same time…..
>>
>>
>>
>> This is a time of great economic pain due to a pandemic unequaled by any
>> health crisis in 100 years.  The moratoriums are a policy protecting the
>> most vulnerable people in the population as a whole – renters.  As a group
>> they are either poor or old or both.  They are people who can’t afford
>> homes due to lack of wealth.
>>
>>
>>
>>
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>> ***Disclaimer: Please note that RPPT listserv participation is not
>> restricted to practicing attorneys and may include non-practicing
>> attorneys, law students, professionals working in related fields, and
>> others.***
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>> _______________________________________________
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>> WSBARP at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp

-- 
James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com
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