What should you look for when you're choosing a lawyer to prepare your estate plan? What factors should you consider?
1
How long has the attorney been practicing in the areas of Probate, Trusts, & Estate Planning Law?
Is [s]he experienced enough to have firsthand knowledge of family and business matters of concern to you?
There is no law that prevents an attorney from calling himself an estate planner, even if he has no qualifications or experience in estate planning. If you have a very "simple" estate, perhaps two or 3 years of estate planning experience is enough; if you have a large estate or a complicated situation, your attorney should have at least 7 to 10 years of experience in estate planning, probate, and trust law.
2
What percentage of the attorney's practice is devoted to Probate, Trusts, & Estate Planning Law?
An attorney simply cannot handle divorces, traffic tickets, and other matters and be an estate planning expert, too. Estate planning is a complicated and sophisticated area of legal practice. Your attorney should devote his or her full time to this area of the law.
3
Is the attorney certified as a specialist in Probate, Trusts, & Estate Planning Law by the California State Bar Board of Legal Specialization?
Although there are many knowledgeable attorneys who have not been certified as specialists, passing the certification exam provides some measure of assurance that the attorney is competent to practice in this field.
4
Does the attorney carry professional liability (malpractice) insurance?
Mistakes happen. When they happen in the context of estate planning, they can be very costly and difficult - or impossible - to "undo".
You might be under the impression that all lawyers are required to carry "errors and omissions" insurance. You would be wrong, at least in California. While some states do require all attorneys to have malpractice insurance, California does not (although the wisdom of this is currently being debated).
5
Does the attorney offer free (or low-cost) initial consultations?
Make sure you know the answer to this question so you won't be surprised at your first meeting.
Comments - add comment