Why Do Probate Attorneys Withdraw?

Generally, an attorney represents an estate administrator or personal representative from the time the initial probate pleadings are filed, throughout the entire period of estate administration, until the Declaration of Completion has been filed and the 30-day waiting period has expired per RCW 11.68.110(3). But exceptions exist. What are they?

• Lack of Payment. Law firms often work on probates on an hourly basis and send the personal representatives ongoing invoices per the Legal Services Agreement. Suppose the law firm isn’t getting paid? In that case, generally, the law firm can withdraw from representation so long as it “can be accomplished without material adverse effect on the interests of the client” per Washington Rule of Professional Conduct 1.16(b)(1).
• Lack of Rapport. Unfortunately, some clients are abusive to attorneys and their staff. It’s often best to withdraw when an attorney cannot maintain a harmonious and productive relationship with a client. Hopefully, the client will retain new counsel and achieve a more positive relationship.
• Lack of Progress. Personal representatives are required, pursuant to RCW 11.48.010, “to settle the estate . . . as rapidly and quickly as possible.” Unfortunately, personal representatives often fall well short of this statutory requirement. When a personal representative fails to respond to an estate attorney or complete tasks within a reasonable period, the estate attorney may withdraw from representation.

• Lack of Integrity. Some personal representatives fail to approach their fiduciary duties with integrity. Examples include taking money from the estate account for personal use or failing to make distributions as required by the will or by the laws of intestate succession. Under these circumstances, the Washington Rule of Professional Conduct 1.16(2) allows an attorney to withdraw if “the client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent.”

Understanding the potential reasons for an attorney’s withdrawal can help personal representatives navigate the probate process more effectively and maintain a positive relationship with their attorney. By addressing these issues proactively, personal representatives can ensure a smoother and more efficient administration of the estate.