Scenario
When Hillary took over Angela’s estate planning case, he was committed and very easy to work with. When the payout process ended, and the money was released to Angela, Hillary couldn’t be found. He had disappeared, and soon Angela started realizing that some of the property had been written into other people’s names.
We have many lawyers that will give you the type of representation you need; however, some aren’t so ethical when handling your issue.
We have seen cases of lawyers stealing from clients, failing to do what was needed, among other cases. However, we need to point out some of these issues because you, as a client, need to know them.
When you have an ethical problem with a lawyer, you can approach us for assistance.
Failure to Provide Competent Representation
When you choose a lawyer, you are assured that they have the skills and competency to perform the planning services that will make your succession better, if not the best.
Ethically, the lawyer needs to help you achieve your goals. However, we have seen lawyers that act recklessly or fail to perform the role you give them competently.
You need to come up with a scope of representation the moment you meet with the lawyer for the first time. This is the document that guides your interaction for the next few weeks. Make sure you capture this in writing to make it legally binding.
If you find that the lawyer didn’t do what you agreed, then you can consider counseling services with us to make sure you change things.
Disclosing Confidential Information to Third Parties
When you meet with the lawyer, let him assure you that they can keep your information confidential, especially that which is sensitive. When you sign an agreement with the lawyer, be sure that they will stick to the script and keep the info secret at all times.
The lawyer isn’t even allowed to share information with another lawyer; instead, they need to keep it confidential regardless of the situation.
If you realize that the lawyer keeps on sharing information with other third parties, you need to consider withdrawing your case from them.
Representing Multiple Beneficiaries
You might be forced to do away with your lawyer if you realize they are serving other family members.
When you have a dispute with a family member, the first thing is to choose an independent lawyer. Sadly, this isn’t what happens with some lawyers. In essence, they find themselves representing members from the same family, investors in the same business, or more than one beneficiary in an administration and choose to keep this a secret.
This causes the potential for conflict of interest, which can also make ethical duties to be challenging.
So, make sure you analyze the circumstances to determine who can represent you better.
To mitigate this situation, make sure you come up with an agreement on what happens when you have a conflict of interest with the lawyer.
Failure to Ensure Legal Capacity
When it comes to estate planning, the lawyer needs to put into consideration the sick, aged, or mentally impaired clients because their judgment is different.
As the lifespan increases, you need to understand that these cases are on the rise. The laws of handling such incidents have also become complicated and will need the lawyer to adjust the way he handles this category.
Before you handle a client, make sure they are 18 years of age or older, have a sound mind, and can understand what you are doing when disposing of the property according to their desires.
Failure to Document Everything
When you meet with a lawyer for the first time, it is upon the lawyer to put down everything in writing. The first document that needs to be drafted is an engagement letter, which outlines what will happen and how it needs to happen.
This letter talks about, among other things:- The definition of a client in terms of estate planning.
- The scope of services the client wants and how these shall be delivered.
- The fees that the client is supposed to pay.
- The fee structure, whether it will be hourly, per task, or a flat-rate fee.
- The deadlines for the different tasks that need to be performed.
- The procedures when there is a dispute.The document will help avoid any ethical issues that might arise during the engagement.
The Bottom-line
Not all estate planning lawyers are equal. Some work professionally, while others just care about money. Make sure you work with a lawyer that understands your needs and is ready to make your plan successful without going against the ethical considerations.
