Hazelrigg’s Attorney Withdraws

The plot thickens.

Tom Hazelrigg III’s attorney, Marc Stern, filed a motion to withdraw from representing Hazelrigg in his bankruptcy.  The reason given is that there is nothing for him to do.  He says that he was hired only to contest venue, and that is lost, and since Hazelrigg intends to not submit schedules, or answer any questions (under the Fifth Amendment to the U.S. Constitution (right against self-incrimination)), there is no role for him as Hazelrigg’s attorney.

Of special note, Stern states in the subjoined declaration that “there is no money to pay [him].”  Correct me anyone, but I think declarations made “to the best of one’s knowledge” are insufficient foundation for admissibility.  We think declarations must be based on personal knowledge, right?  If we were Stern, we sure wouldn’t be signing a declaration attesting that Hazelrigg has no money.  Just sayin’ ….

TEP has no clue how the petitioning creditors will respond.  We guess if Hazelrigg remains silent – i.e. won’t be defending - it will be easy for Rigby and Co. to win the numerous fraudulent transfer actions and other veil-piercing lawsuits we expect against Hazelrigg, his kids, the various Centurion entities, ANT ONE, TRH Lenders or whatever else is out there…  So maybe Hazelrigg just made Rigby’s job easy.

Withdrawing from a Probate; Attorneys Fees Lien

The question posed this morning on the Oregon Bar Association’s estate and probate listserv was this:

(1) Does anyone who’s had to withdraw on a Washington probate have pleadings for that purpose they can share?  Anything unusual I should be aware of?

(2) Is there some way I can attempt to protect my fees and costs, such as liening the case?

First, here are examples in a case, filed in Pierce County Washington. TEP just obtained these from the court’s website.  TEP is not affiliated with the case, so it takes no ownership/responsibility for their correctness. Withdrawal with Substitution here; Withdrawal without Substition here; Lien Claim here; another Lien claim here.

Second, the applicable rule is CR 71.  Pay particular attention to the service requirements and timelines in CR 71, and also in CR 5 and 6 (when mail service is made/had).

Third.  As for a lien for attorneys’ fees, see the links above.

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