[WSBARP] Waive atty client privilege

Wed Jun 2 14:04:55 PDT 2021

I would note that a POA agent cannot appear for a pro se person in court proceedings.  I had a probate case in Snohomish and the POA agent tried to appear on behalf of one of the heirs and the court said, no.
A power of attorney does not allow an attorney-in-fact to appear in court on a principal's behalf, to file legal documents on a principal's behalf or to answer or receive legal documents on a principal's behalf.

RCW 11.125 - power of attorney statute - does not provide for pro se appearance in court
RCW 2.48.180 - Unlawful practice of law is a crime.
Person may practice law in his own behalf but cannot transfer pro se right to practice law to any other person. West's RCW 2.48.180<https://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000259&cite=WAST2.48.180&originatingDoc=I180a1dcbf5a711d9bf60c1d57ebc853e&refType=LQ&originationContext=document&transitionType=DocumentItem&contextData=(sc.Search)>.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Wednesday, June 2, 2021 1:21 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] waive atty client privilege

I concur.  Sub 4 (at least) covers it:

(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;

Roger Hawkes, WSBA # 5173
Hawkes Law Firm and Sultan Lawyers
19944 Ballinger Way NE, Shoreline, WA 98155 and
423 Main, Sultan, WA 98294
206 367 5000
360 799 6438

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Eric Nelsen
Sent: Wednesday, June 2, 2021 10:18 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] waive atty client privilege

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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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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