How do I choose a lawyer?
Finding and choosing a lawyer may seem intimidating, but it really only requires a few steps.
- Shortlist referrals gathered from friends, online forums, or the state bar website;
- Conduct a rough search of your candidates on the internet, look for red flags; and
- Send each lawyer a short email.
A sample email is included below. If you have a high net worth (>$2M), do include the line about tax strategies. The lawyer’s response will reveal their level of expertise in credit trusts and tax management strategies.
Hi, my name is Jane Doe. I live in Sammamish, Washington with my spouse and two children. We
would like to create a will and trust. Can you help us with that? Can we set up an initial call?
[Optional] And what tax strategies do you have in mind? Thanks! ~ Jane
Types of lawyers
If you want to create trusts and have other complex situations in mind, it is best to find an attorney who has experience in creating trusts. Basically, attorneys come in various levels of expertise and standards of experience. This is similar to any other field. There is one type of attorney who focuses on volume, and will churn out as many cases in as speedy a way as possible. These types of lawyers are necessary in simple contract or business agreements, where time is of the essence. However, if you are looking for a creation of trust, these factory worker lawyers are not the way to go. They will not spend meaningful time on the specifics of your situation.
Cost
Regarding the cost of an attorney, it will vary. If you are creating a simple will, anywhere from $500 to $1,000 is a good ballpark range. However, if you need a credit trust (see below), irrevocable trusts for your minor children, and a special needs trust for the disabled relative, then you should be paying around the $1,500 to 10K range. This range seems wide but it really depends on the attention of detail from the attorney/expertise, and the specifics of your estate. Note: Most estate lawyers offer a flat rate for a package of services, rather than charging hourly. We would recommend against paying your estate attorney by the hour.
Engagement letter
Some attorneys will send you a contract to sign or look at before starting the work. This ensures both sides understand the project and expectations are met. It’s a good idea to read this letter, but understand that most of it will be boilerplate. The attorney is making sure they get paid for their work.
Listening
Finally, a lawyer should be a good listener. Contrary to popular belief, lawyers are not all about arguing. Lawyers are all about compromise and consensus. In law school, every lawyer was taught to put themselves in their client’s shoes and imagine what they might need. A lawyer who steam rolls over your words or does not spend sufficient time with you is not in your best interest. If a lawyer does not listen, they may miss something important. In contrast, focusing on what matters is key to getting the process complete within a timely manner.
Time allotment
Expect to spend at least thirty to forty five minutes in an in person initial meeting or phone meeting with your lawyer. They should ask questions regarding your family, assets in other states/countries, children, extended family, and any special circumstances.
Lawyers have a professional duty to respond in a timely manner to your questions. Expect an email every two or three days, depending on the extent of the project. Of course, if you ignore an email or do not fill out an intake form for weeks, don’t expect much from your lawyer. They are busy! Creating the wills and trust documents should be about a two week process, if both sides are responding in a timely manner.
Grace
If a lawyer does not respond to your email or phone call within forty eight hours, give them some grace. Send another email gently reminding them. Most likely, they are bogged down with a backlog of clients and are meaning to get to you! That being said, if days pass and the lawyer does not respond or gives curt answers, it may be time to send an email canceling the arrangement. Do so in a “do not burn bridges” manner. Explain your situation politely and give them an out. Ask for a refund if you have already sent money. A professional lawyer will either apologize and get back on your case, or they will give you the refund and cancel the agreement.