Compiling a List of Candidates
Decide whether you need an attorney. If you own very little real estate or personal property, you may be able to use a document kit and plan your estate on your own. However, if you own real estate, have retirement or investment accounts, or own your own business, you should seek professional legal assistance. If money is an issue, it may be possible for you to find an attorney who is willing to consult with you on a few limited issues, or to review documents you've drafted yourself. If you decide to consult an attorney, compile documents and information about your property and assets, and think about what is likely to happen in the coming years, how much your property would potentially be worth, and who you want to have ownership or control over it. The types and quantity of assets you have will in part determine both what kind of attorney you should look for and how much that attorney will charge you to draft a plan for your estate.
Ask family and friends for recommendations. Your friends and family are a good place to start because they know you and can anticipate who you would personally like. At the same time, be wary of possible ulterior motives, especially if you have a relatively large estate and the person you're asking for a recommendation stands to gain or believes she'll be listed as an heir. Always carefully vet an attorney before hiring him, even if he was recommended by a close friend or relative. You may have an attorney you use for other matters. If so, ask her if she knows an estate-planning attorney she could recommend. An attorney would have a good understanding of another attorney's status, experience, and professional reputation.
Visit your state or local bar association's website. Bar associations have lists of their members, and often allow you to search by specialty or area of practice. State bar associations often offer a lawyer referral service that enables you to meet briefly with a pre-screened attorney after answering a few general questions about your needs. This initial consultation typically is cheaper than what attorneys would charge if you didn't use the referral service.
Search for attorneys who are board certified specialists. Some states allow attorneys to become certified specialists in a particular area of law, such as trusts and estates. If professional certification is available in your state, the bar association will have information on it. Before applying for certification, an attorney must have a certain number of years of experience practicing law in the area, usually at least five. To become certified, an attorney must submit a number of professional references, take additional courses in that area of law, and pass a lengthy written exam.
Look at membership listings for professional groups of estate planners. The best attorneys often are members of professional societies or other groups, where they can share knowledge and experience with other estate planners. One example is the American College of Trust and Estate Counsel. Its members frequently publish articles and present topics at continuing legal education seminars, so if you find an attorney listed as a member you can be more confident that she is an estate planning expert. You also can search the member directory of the American Academy of Estate Planning Attorneys.
Visit websites of attorneys and law firms. Once you have the names of some attorneys or firms you're interested in pursuing, check out their website to research further into their background and practice. Keep in mind that an attorney's website is also a marketing tool. You are seeing what he wants you to see, so the things he chooses to emphasize or promote on his website give you a good idea of his interests and his professional comfort zone. Look at any background or biographical information the attorney has listed. You not only want to review this for experience and education in estate planning, you also want to see if the attorney seems like someone you can relate to. For example, maybe you have a beagle, and you notice on one attorney's bio page that he says he breeds beagles. Since your estate planner will likely be in your life for a long time, it can be important to have common interests. Pay attention to the attorney's social media presence. If she has active social media accounts that are updated regularly, or runs a blog where she regularly posts about new developments in the law, you can be assured that she is responsive to her clients and keeps up-to-date on important issues in her practice area.
Check the bar records of attorneys you're interested in interviewing. Before you schedule any interviews, go back to the bar association's website and look up each attorney's name. You want to make sure all attorneys you interview are licensed and in good standing. If any of your prospects have significant complaints or professional disciplinary action on their record, remove them from your list.
Interviewing Selected Prospects
Have a preliminary phone consultation. Many attorneys will hold a brief interview with you over the phone. Since these take up less time and require less effort than in-person consultations, you can talk to more attorneys this way and use the phone interviews to narrow your list of possible contenders.
Make appointments to meet in person. You'll want to interview at least three attorneys in their offices. Find out if the attorney offers a free or low-cost initial consultation before you schedule the interview. You don't want to get caught unawares when handed a large bill. Even if the initial consultation is free, the attorney may have a time limit set. Find out how long a free consultation lasts and what the attorney will charge if you go over that time.
Gather all necessary documents and information. Before your appointment, the attorney or her assistant may give you a list of information they need to evaluate your case. A thorough attorney may also provide you with questionnaires or goal forms she expects you to fill out and send back before the interview. Make sure you return that information with plenty of time for her to review your answers so your interview will be as productive as possible
Ask each attorney questions about their practice. You want to make sure you select an estate planning attorney who not only has the appropriate amount of experience and expertise, but also is competent to work with you and handle your estate well into the future. How much expertise you need depends on your particular situation. If you have a fairly simple estate, you may be able to save money by hiring someone who only has a few years of experience. However, if you have a complex estate, for example you own multiple investment accounts or have real estate in several states or overseas, you not only need an attorney with more experience, but with specific experience handling estates similar to yours. You also want to find out how much of the attorney's practice consists of estate planning and how much is devoted to other work. While an attorney may excel in a number of different practice areas, your best estate planners typically work in that realm exclusively. Ask the attorney how much of the work on your case he'll be doing himself and how much will be delegated to beginning attorneys or other staff. If you have a simple estate, you can save some preparation costs if the bulk of the work is done by a paralegal or an inexperienced attorney under the supervision of someone more experienced. However, if you have complex property matters you want to make sure the person handling them has the necessary expertise.
Find out if the attorney has malpractice or professional liability insurance. Not all states require attorneys to carry liability insurance, nor do all states require attorneys to disclose whether they have it or not. You should think twice about hiring an attorney to plan your estate if he does not have liability insurance. If he or someone working for him makes a mistake, it could be incredibly costly and might be impossible to undo or reverse. Without liability insurance, you and your heirs could lose everything.
Ask each attorney specific questions about your estate and your estate planning options. Any attorney you choose should be comfortable answering your questions and display a strong working understanding of the law. The best attorney also will be able to explain the law, and your options under the law, in a way that you understand. It's worthless to pay for documents if you don't understand what they mean or what they do.
Observe each attorney's behavior and demeanor. Not only are you going to be working with this person potentially for the rest of your life, but you also need to be able to trust them with extremely private and personal details of your life. To help you effectively, the attorney should be actively interested in what you're saying. She should ask you plenty of questions as well, about what your goals are with your estate and how you want to accomplish them. If the attorney is distracted or attends to other clients or practice matters while talking to you, she may not be focused enough on meeting your needs, or willing to come up with a unique custom solution for you if your circumstances require one. Whoever you choose will have to ask you some very personal and potentially uncomfortable questions so she can understand your needs, your life situation, and your relationships with your family and friends. It's imperative that you are comfortable with the attorney. In this way, interviewing an estate planner is almost like going out on a date. You want to feel warm, friendly and open with the attorney you choose. If the relationship feels stiff and awkward, that attorney is not the one for you.
Make sure you understand how the attorney charges and exactly what is included in the fee. Some attorneys charge different rates for different types of services, while others offer flat-fee or bundled service packages. Flat fee packages typically center around the drafting and finalization of particular documents. For example, the attorney may draft a will for $500. If you need other services in addition to will drafting, the same attorney may be happy to take those tasks on as well, but will charge you extra for them. The more consultations and face-to-face meetings are included, the more expensive the service will be. Many factors will affect the cost of your estate plans, including the experience of the attorney, the type and amount of assets you have, and the complexity of any tax planning. Each attorney should be able to explain clearly how costs are assessed and how rates are computed. After the initial consultation, an experienced estate-planning attorney should have a good idea of how much work your estate will entail. However, in most cases she needs to have that initial consultation first so she understands the various aspects of your case at least on a basic level.
Take notes during and after the interview. Attorneys are used to people writing while they're talking, so don't think you'll be considered rude if you take notes during the interview. After the interview, write down your general impressions and feelings while the experience is still fresh in your memory.
Ask the attorney for references. Since attorneys have a duty of confidentiality to all clients, even former ones, they cannot disclose names without having first obtained permission. However, estate-planning attorneys often have former clients provide a reference, which they publish on their website or make available to potential clients on request.
Making Your Final Decision
Compare the attorneys you interviewed. If necessary, make a list of pros and cons for each so you can figure out which would be the best for you, considering all aspects of the representation and the potential relationship. Understand that cost is not your only concern, nor should it be your primary concern. You're dealing with the distribution of everything you've earned and accumulated over your entire life, so it's worth the investment to make sure it's done right.
Follow up with your prospects if you have additional questions. As you prepare to make your final decision, you may realize you didn't get all the information you needed at the interview. If that's the case, you shouldn't hesitate to call or email with follow-up questions so you can make a fully informed decision.
Consider interviewing other attorneys. If none of the prospects you interviewed feels completely like the right choice, you might want to go back to your long list and interview a few more attorneys until you find one you feel more comfortable with.
Let your prospects know your decision as quickly as possible. Once you've made your decision one way or the other, let that attorney know rather than leaving her hanging. Even if you haven't decided who you want to hire, if there are attorneys you've interviewed who you definitely don't want to hire, go ahead and let them know.
Get the final details of the representation in writing. Before you pay your attorney any money, make sure you know exactly what she's going to do for you, how long it will take, and what documents she will draft. You also should make sure you understand the extra fees for any additional services that might come up while the attorney is working for you. Make sure there's a system in place for notifying you in advance if extra work must be done or if an issue pops up that needs to be dealt with but is outside the initial scope of the attorney's representation. For example, if you have no children when you initially consult with an estate planning attorney, find out what will happen if you have a son and need to incorporate him into your will or make arrangements for a guardian if you die before he turns 18.
Sign the agreement and pay the retainer or other fee. The written agreement should be signed both by you and your attorney. If you are expected to pay a retainer or other up-front fee for her services, she'll expect payment when the agreement is signed. If a retainer is required, make sure you know how much will be returned to you if you decide to go with someone else or abandon your plan before the attorney has finished his work.
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