1.2 Initial Conference

• Library: A Lawyer's Guide to Estate Planning: Fundamentals for the Legal Practitioner (ABA) (2018 Ed.)

1.2 Initial Conference

1.21 Client's Side of the Desk

The initial conference is another day at work for the lawyer, but it is a very important day for the client. Clients approach the estate-planning process quite differently. Some are very distrustful of the lawyer and do not want to divulge information. Clients simply want the lawyer to write the will as they instruct but using the basic legalese of the profession. Most clients are apprehensive about the costs of legal services yet are uncomfortable about bringing up the subject. This concern should be addressed by the lawyer early in the initial conference. The thought and discussion of one's own death seriously disturbs many clients, making the entire conference uncomfortable for them. Be sensitive.

There may be secrets that one spouse does not want divulged to the other spouse; thus, the lawyer's questions may be evaded. Also, there may be unexpressed concerns over the future stability of the couple's marriage. The lawyer who senses marital problems may wish to decline the representation or undertake to represent only one of the spouses. This fact should be made clear to the unrepresented spouse. If a lawyer is representing only one spouse, this fact should be noted in the lawyer's own file and be confirmed by a letter to the unrepresented spouse.

If the representation is a joint one of both spouses (which is the usual situation), then explain that this means anything disclosed by one spouse must be shared with the other spouse. No...