Finding the estate attorney that’s right for you

The right due diligence goes a long way

By Executor's Resource, Inc.

In our last posting, we discussed the importance of interviewing a pool of estate attorney candidates prior to selecting a practitioner who is right for you. Holding interviews with estate attorney candidates prior to purchasing services is a natural and appropriate thing to do, and ought to result in a better experience – for both you and the practitioner.

After all, this is typically not an immaterial purchase. And it shouldn’t be a one-and-done experience. You’ll be relying on this professional over your lifetime to give you advice on how to best protect your family and the assets you have worked so hard to build. In addition, he or she will also likely be helping your family to settle your estate at some time in the future.

You’re buying experience and advice. Perhaps you’re permitting this practitioner to provide the discipline you need (via reminders and follow up) to make some tough decisions.

Bottom line – when things get intimate you’re going to need to feel comfortable.

All the more reason for you to select someone you like, trust and respect.

Let’s talk about what to say and what to ask.

Breaking the ice
Plan to start the conversation by letting the attorney know the goal of your meeting and your timeframe for selection. Some suggested language:

• I’d like to create (or update) the estate planning legal documents that are appropriate for my situation. 
• I’ve identified several attorneys, including you, with whom I’m speaking in order to get a sense for how you work and what I might expect as a client should I retain your services. 
• My goal is to conclude my conversations within two weeks (personalize for your timeframe) and then select the attorney with whom I’d like to work.

Getting to the heart of the matter
Next open the conversation to the main areas of information gathering. Consider asking the following questions:

• What is your background, education and experience? What drew you to the field of estate planning?
• What are the major services you presently provide? Do you see that changing in the future? (For instance, the attorney may provide other services than estate planning, or might assist with legal documentation creation, but not with implementation – that is, probating the estate or some of the other activities that are potentially necessary during settlement.)
• Are you a general estate planning practitioner or do you have an area of specialty or focus (e.g., trusts and more advanced estate planning issues, experience with special needs, elder care issues, experience with family businesses)?
• Are you a sole practitioner or part of a larger firm? What support resources are available to assist you?
• If there are junior attorneys or paralegals on your team, what is the division of labor? How is work delegated, and who would be my primary contact? 
• Do you have any preferences in how you do estate plans (e.g., simple wills versus trusts)? 
• Do you charge by the hour, for a package of legal documents, or some combination of the two? What are your fees, on average? 
• Do you have a sample package that I could review while I’m here in your office so I can get a sense for what the “end product” looks like?
• What happens to my documents once they are created/updated? Do you keep a copy here at your office?
• What is the process for periodic review and update of legal documents? Do you offer an ongoing maintenance program so that as my life changes I can update my documents? What are associated fees, on average? 
• Can you give me a preview of some common things that you’re telling clients right now, given the uncertainty in the estate tax environment?

Your candidates’ responses should give you very good insight into their operations, specialty areas if any, style and personality – and a sense for your likely experience as a client.

“Before you go” TIP
Most attorneys have websites where they provide a wealth of information about their practice, their approach on certain issues, and their education and experience, among other topics. They may even have a blog, Facebook or Twitter account where you can see some of their dynamic thinking in action. Plan to visit your candidates’ sites prior to meeting with them.

We want to hear from you
Have some stories you’d like to share with on why you like working with your estate attorney? Leave a comment here or follow us and share on Facebook at Executor’s Resource.