Chapter A. GENERAL INSTRUCTIONS

• Jurisdiction: Washington

A. GENERAL INSTRUCTIONS

1. Initial Contact. When the lawyer is first contacted by a client regarding a new estate, the lawyer should obtain all information necessary to complete the Initial Probate Word Processing Instructions (Office Form 2.D.1) and schedule the initial conference. The Initial Probate Word Processing Instructions form has a place for all the information usually required to prepare the initial court papers. It should be readily available to the lawyer so that it can be completed at the time of the initial contact.

2. Potential Conflicts. It is important to check the names of the proposed personal representative and all heirs and beneficiaries for possible conflicts. The attorney advising on the administration of the estate will be the attorney for the personal representative. The existence of a conflict or potential conflict with an heir or beneficiaries will not be a reason to decline the representation of the personal representative, but the attorney should be aware of this and be extremely careful not to make any statements that could be considered as giving advice to that person. In certain situations, it may be desirable to obtain a written waiver of the potential conflict from that person.

It may be that the advice given to the personal representative may be adverse to the interests of the personal representative person-ally as an heir or beneficiary. A written waiver of the potential conflict could be obtained or in certain instances it may be appropriate that the personal representative engage a separate attorney to advise him or her personally.

See WA Rules of Prof. Conduct.

3. Initial Conference. After completing the Initial Probate Word Processing Instructions, the lawyer will be able to determine which of the following procedure checklists should be used:

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