[WSBARP] FW: Proposed Changes to CR71 may limit attorney's ability to withdraw

[Eric Nelsen]

For the litigators out there, below please note that the Supreme Court is proposing to add procedural requirements to an attorney's attempt to withdraw from a case within 90 days of trial, and gives the court an express option to require a hearing even if no one objects to the withdrawal.

See: https://www.courts.wa.gov/court_rules/?fa=court_rules.proposedRuleDisplay&ruleId=5795 which also includes a link to the proposed rule changes.

The private family law attorney bar group, DRAW, opposes certain portions of the rule and their letter to the Supreme Court makes, I think, some good points about how the proposed rule change may be counterproductive for the client and/or could put the attorney in an ethical bind. A draft is available via the links at the bottom of the below email, forwarded with permission from the DRAW president.

More information on how to submit comments to the Supreme Court are below. Deadline for comments is April 30, 2021.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto: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: Main at DRAW.groups.io <Main at DRAW.groups.io> On Behalf Of Lisa Brewer
Sent: Friday, April 16, 2021 7:38 AM
To: Main at DRAW.groups.io
Cc: President of DRAW <president at draw.legal>
Subject: Re: [DRAW] NOTICE TO MEMBERSHIP - Proposed Changes to CR71 may limit attorney's ability to withdraw

Dear Colleagues:

Good afternoon.  There is a proposal currently pending before the Supreme Court to amend Civil Rule 71. The proposed Amendment would allow Judges to prevent attorneys from withdrawing within 90 days of trial (among other things).  As stated in the GR9 "disclosure statement," this proposal is supported by the Superior Court Judges Association (SCJA) with the stated purpose of: (a) reducing judicial inconvenience, (b) avoiding disordered dockets, and (c) protecting pro se litigants from undue prejudice. The proposed amendment to CR 71 is attached.

It is not certain that this proposal has been shared with traditional "stakeholders."  However, time to comment is running out (April 30, 2021) and if this proposal passes, it will disproportionately and detrimentally impact family law practitioners.  For this reason, the DRAW Board is taking the unusual step of reaching out directly to our membership to update you.

I hope you will take a moment to comment on DRAW's proposed letter to the Supreme Court.  Also attached.

Likewise, feel free to adapt our "Letter from the Board" as a possible template for your own comment to the Supreme Court.  [Note - The Court appears to count the "number" of votes more heavily than the "size" of the organization opining on a subject.  In short, every member's voice counts.]

Correspondence with Supreme Court should be directed to the Clerk of the Supreme Court.  Contact information is as follows :

By mail
The Clerk of the Supreme Court
P.O. Box 40929,
Olympia, WA 98504-0929,

or

By email
supreme at courts.wa.gov<mailto:supreme at courts.wa.gov>. (Comments submitted by e-mail may not exceed 1500 words. )

Regards,
Lisa

___________________________
Lisa Brewer
President
[cid:7cfaec24-8c85-4b9d-88ce-06c25e967333]

Attachments:

  *   Outlook-gcwixgek.png<https://DRAW.groups.io/g/Main/attachment/95126/0>
  *   Ltr CR71 signed.pdf<https://DRAW.groups.io/g/Main/attachment/95126/1>
  *   CR71_as proposed.pdf<https://DRAW.groups.io/g/Main/attachment/95126/2>

_._,_._,_
________________________________
Groups.io Links:

You receive all messages sent to this group.

View/Reply Online (#95131)<https://DRAW.groups.io/g/Main/message/95131> | Reply To Group<mailto:Main at DRAW.groups.io?subject=Re:%20Re%3A%20%5BDRAW%5D%20NOTICE%20TO%20MEMBERSHIP%20-%20Proposed%20Changes%20to%20CR71%20may%20limit%20attorney%27s%20ability%20to%20withdraw> | Reply To Sender<mailto:lbrewerlaw at msn.com?subject=Private:%20Re:%20Re%3A%20%5BDRAW%5D%20NOTICE%20TO%20MEMBERSHIP%20-%20Proposed%20Changes%20to%20CR71%20may%20limit%20attorney%27s%20ability%20to%20withdraw> | Mute This Topic<https://groups.io/mt/82132442/612664> | New Topic<https://DRAW.groups.io/g/Main/post>
Your Subscription<https://DRAW.groups.io/g/Main/editsub/612664> | Contact Group Owner<mailto:Main+owner at DRAW.groups.io> | Unsubscribe<https://DRAW.groups.io/g/Main/leave/1300736/612664/2045822021/xyzzy> [eric at sayrelawoffices.com]
_._,_._,_
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210421/4af4a744/attachment.html>