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

Thu Apr 22 15:38:24 PDT 2021

Thanks, Eric for posting this as I was not aware of this proposed change
(neither was any of the other attorneys in my building). I have forwarded
your email to a couple of other listservs that I am a member of in the
hopes that more attorneys become aware of this and are able to submit
comments prior to the deadline.

Thanks!

Setareh

On Wed, Apr 21, 2021 at 3:14 PM Eric Nelsen <eric at sayrelawoffices.com>
wrote:

> 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
>
>
>
> *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. (Comments submitted by e-mail may not exceed 1500
> words. )
>
>
>
> Regards,
>
> Lisa
>
>
>
> ___________________________
>
> Lisa Brewer
>
> President
>
> 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>
>
>
>
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> eric at sayrelawoffices.com]
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-- 

*Best regards, *

*Setareh Mahmoodi *

*Attorney at Law *

*18222 104th Ave NE, Suite 103*

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