Legal Question in Civil Litigation in Washington

Re: Promissary Notes, how to make sure they are binding

You have a couple of options, but one will turn on how old he is now, and thus when he will turn 25.

1. Look up the number for Assigned Counsel. He has an absolute right to counsel, which the State has to pay for, and if he doesn't like the atty they give him, he can fire that attorney and they State has to get him another attorney who doesn't work in the same office. That's "conflict counsel". Say what you will about assigned counsel, these people know their stuff and work diligently.

The income guidelines are very generous.

If you still want to get private counsel, I'd have to ask how old he is. If he is a minor, he can disclaim a contract when he turns 18, which could make your promissory note uninforceable.

If he's over 18, he can sign a promissory note that says he needs XX for legal representation now, and that you will be repaid when the trust income is available to him. That written agreement is enforceable in Washington for six years. Both of you should sign and date it; make a copy and give him a copy of it.

You are also entitled to ask for 12% interest from the date you make the loan.

Hope this helps.

Powell