[WSBARP] waive atty client privilege

[Eric Nelsen]

I think so, within the scope of powers under RCW 11.125.260<https://app.leg.wa.gov/RCW/default.aspx?cite=11.125&full=true#11.125.260> sections 1, 4, 5, and 9, and RCW 11.125.340<https://app.leg.wa.gov/RCW/default.aspx?cite=11.125&full=true#11.125.340>. It's not expressly stated, but waiving a right in litigation is just as much a part of handling litigation as asserting a right. Can't settle a case for a principal if you can't compromise, or release, or waive rights for a principal.

And assuming the actual power of attorney document involved here grants all such powers.

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>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Bryce Dille
Sent: Wednesday, June 2, 2021 9:50 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] waive atty client privilege

Can agent who has power of atty from principal (Husband) waive atty client privilege so atty can testify as to estate planning conversations with principal who is now incompetent.

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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