Litigation Attorney - Trusts & Estates

At Brothers Henderson Durkin, P.S. , our mission is to provide compassionate, high-quality counseling for individuals, families, and professionals in all aspects of planning and conflict resolution relating to aging, disability, death, and the passing of wealth between generations. Our clients can turn to us for knowledgeable legal advice and compassionate representation. We provide top-tier guidance in the following areas:

Estate planning from a simple will to complex trusts to powers of attorney and health care directives Probate and issues related to administration of an estate Trust and estate litigation Disability law, including special education, guardianships, special needs trusts, and public benefits advocacy Elder law that spans long-term care planning to end-of-life issues Litigation & settlement planning and recovery management

Overview of Position

We are seeking a Trust & Estate Litigation Attorney who will be responsible for representing individuals, families, fiduciaries, and professionals in complex disputes involving trusts, estates, probate matters, fiduciary duties, capacity, undue influence, and related issues governed by Washington's Trust and Estate Dispute Resolution Act (TEDRA). This attorney will manage a high-level litigation practice that may include will contests, breach of fiduciary duty claims, trust and estate administration disputes, accounting disputes, trust modifications, surcharge actions, guardianship-related disputes, and other contested matters. The position requires substantial litigation experience, sound strategic judgment, and the ability to independently handle matters from initial investigation through resolution. Preference will be given to candidates with a portable book of business or demonstrated business development capability.

Key Responsibilities

Client Counseling & Representation

Represent beneficiaries, fiduciaries, trustees, personal representatives, and interested parties in contested trust and estate matters, including TEDRA petitions, will contests, and fiduciary litigation. Develop and implement litigation strategy, including case assessment, risk evaluation, and client counseling on legal options and potential outcomes. Conduct discovery, including drafting and responding to interrogatories, requests for production, subpoenas, and deposition preparation. Represent clients in mediations, arbitrations, settlement negotiations, and court proceedings in both superior court and alternative dispute resolution settings. Prepare and argue motions, including dispositive motions, evidentiary motions, and procedural motions. Draft pleadings, briefs, declarations, settlement agreements, and other litigation documents. Advise fiduciaries and beneficiaries on contested probate and trust administration issues, including accounting disputes, surcharge actions, and claims involving capacity and undue influence.

Case Management & Legal Workflows

Independently manage a complex litigation caseload, including deadlines, strategy, and communications with parties and opposing counsel. Conduct legal research and prepare detailed memoranda, case evaluations, and litigation analysis. Coordinate effectively with paralegals, litigation support staff, and other attorneys to facilitate efficient case progression. Maintain meticulous documentation, timekeeping, and billing practices consistent with firm standards. Management of litigation budget and client expectations regarding payment of attorney fees and costs. Engage in business development activities, including cultivating referral relationships and managing existing client relationships.

Client Service & Professionalism

Provide clear and concise communication to clients regarding litigation strategy, developments, and expectations. Demonstrate professionalism, discretion, and sensitivity when handling emotionally charged disputes involving family dynamics and fiduciary conflicts. Present complex legal disputes in accessible terms to clients with varying levels of sophistication. Uphold the highest ethical standards in all interactions and maintain strict confidentiality.

Required Skills & Competencies

Active member in good standing with the Washington State Bar Association Strong litigation skills, including legal research, drafting, motion practice, negotiation, and courtroom advocacy. Ability to handle complex and sensitive matters with sound judgment and strategic thinking. Excellent written and oral advocacy skills, with a proven ability to prepare persuasive briefs and arguments. Highly organized and able to manage multiple contested matters with competing deadlines. Strong interpersonal skills and emotional intelligence, particularly in navigating disputes involving families and fiduciaries. Proficiency with legal technology, including case management systems, e-filing, and document management platforms.

Preferred Education & Experience

Strong interest in trust, estates, and/or fiduciary matters. Understanding of and litigation experience with Washington trust and estate law, probate law, fiduciary duties, and TEDRA procedures. Five or more years of litigation practice. A portable book of business and demonstrated ability to develop and retain client relationships. Experience or interest in appellate work.

Compensation & Benefits

We are offering a full-time position. Salary is competitive and commensurate with experience and size of practice from $125,000 to $200,000. We also provide a generous productivity-based monthly bonus structure. Comprehensive benefit package includes medical, dental, vision, long and short-term disability, life insurance, paid time off, and 401(k), flexible schedule and hybrid remote work option.