Sometimes I hear stories about individuals who found themselves working with an estate planning attorney who wasn’t a good fit. Often, by the time they realized it, it was too far into the process to change, so they just soldiered on. Estate planning can feel daunting, as it is highly personal, and no one deserves to work with an attorney with whom they aren’t comfortable.
I thought it might be helpful to provide what I consider some red flags when it comes to selecting your estate planning attorney. In combination with doing a little homework upfront, you should be able to find an attorney who will meet your needs. And, in most cases, these four red flags are often evident in the initial call or consultation, giving you time to disengage if needed.
Red Flag #1: Does the attorney listen to you? I mean, REALLY listen to what you have to say about your situation, your goals for your estate plan, and what you want for your loved ones? If the attorney interrupts frequently, tries to put words in your mouth, or attempts to skip past the beginning of the process quickly, that is not good. You need and deserve an attorney who will take the time to understand your unique situation so an estate plan can be developed to address your unique needs, not a cookie-cutter plan.
Red Flag #2: Does the attorney try to impress you with their legal “babble”? Do you get the impression they want to impress you with their legal vocabulary and are essentially talking “down” to you? An experienced and caring estate planning attorney knows most new clients will not understand much of the legal jargon. And, because of that, they won’t put the client into an awkward position of asking what terms mean. This is not the kind of legal help you need.
Red Flag #3: Does the attorney try to upsell you? For example, if you just want a will, depending on your situation, an experienced attorney, once they understand your situation, will agree. They may recommend some additional documents, such as a healthcare power of attorney, but won’t pressure you or imply that you must have these other legal documents. As a legal consultant, the attorney should provide customized counsel based on your unique situation. A red flag pops up, however, when the attorney insists that you must have a trust, for example. While trusts can be beneficial, they aren’t required by law and are not necessarily needed by everyone. If you get the sense that the attorney is more concerned about how much he can get you to “buy” rather than provide solid advice based on your situation, it is time to reconsider your choice.
Red Flag #4: Is the attorney reluctant to discuss their fees with you upfront? It is perfectly normal to ask about an attorney’s fee structure. If the attorney won’t give you a sense of what the overall cost will be, it is definitely time to disengage. They should be able to provide a fee for the service you’re requesting or at least disclose their hourly rate. If they act as though that is an inappropriate question or try to put you off with “We’ll worry about that later,” it is probably time to move on. It is your absolute right to understand what their services will cost upfront; don’t let them tell you otherwise.
I will be honest, you can still find yourself with an attorney with whom you’re not happy, even if they passed the “red flag” test. However, as I mentioned, if you do your homework upfront, such as asking trusted friends and relatives for estate planning attorney recommendations, and reading online reviews, you should be able to find an attorney who will meet your needs.
I would be honored to help you with your estate planning needs. I will listen to you, and together we can develop a plan that meets your needs, while protecting your assets and your loved ones. Please call me at 513-399-7526 or visit my website at www.davidlefton.com.