How to Choose an Attorney

Ultimately, clients should work with an estate planning attorney that they trust, but there are some basic qualifications that should be considered in making the decision.

DO I REALLY NEED AN ATTORNEY?

It is easy to be lured by advertisements claiming you can save time and money by drafting your own estate plan using do-it-yourself software or fill-in-the-blank kits. It is very unlikely that these systems will generate suitable documents that accomplish all your objectives. Only a qualified attorney can interpret the maze of laws bearing on property rights, taxes, wills, probate, and trusts and apply them to your individual situation. 

We have seen "trust mill" trusts and trusts sold like products by paralegals and "certified document preparers" that neglect to name a successor trustee, or to provide for the distribution of the assets. These poor alternatives to sound legal advice end up costing more in the long run as the children or beneficiaries are forced to go to court and have a judge interpret the poorly drafted documents and issue an order ruling on what the client had intended to happen. 

Most estate planning attorneys will provide a low-cost or free consultation. It makes sense to take advantage of one of these consultations to determine your needs. After all, an estate plan is all about your peace of mind. Knowing that you get what you pay for, is your well-being and plans for the future worth risking to an unqualified, uninsured para-professional?

WHAT PORTION OF YOUR PRACTICE IS DEVOTED TO ESTATE PLANNING? 

Only an estate planning attorney who devotes a significant portion (or ideally, ALL) of her practice to the field of wills, trusts, probate and estate administration is able to provide you with really sound legal advice as you put your estate plan into place. 

HOW LONG HAVE YOU BEEN PRACTICING IN ESTATE PLANNING?

Estate planning is a very technical area of law and even minor errors and omissions can thwart a client's intentions. It is important for your estate planning attorney to have significant experience in the area. It is quite common for a litigator with years of experience in trial work to tire of the adversarial process and "retire" into estate planning. A career change can be accomplished successfully if the attorney takes the change seriously and re-educates himself. If you find an attorney you like and trust who happens to be in this situation, ask about his efforts to re-educate himself and come up to speed with the law. 

Lori Adasiewicz practices exclusively in the areas of estate planning and administration, and has done so since 1998.

DO YOU HAVE EXPERIENCE ADMINISTERING ESTATES AFTER INCAPACITY OR DEATH?

After your documents are signed and delivered, you will rest assured that if something should happen in your family that your estate planning attorney has the experience required to assist you. In addition, experience in administering wills and trusts after a life event like incapacity or death provides an attorney with a different perspective on the planning process. Seeing how things work allows the attorney to "fine-tune" the language in the planning documents to minimize the likelihood of problems later. Lori has assisted clients with numerous conservatorship, probate and trust administration matters throughout her career. 

CAN YOU PROVIDE ME WITH REFERENCES?

It is sometimes difficult to ask a client to provide a recommendation when it comes to personal matters such as estate planning, but with a breadth of experience comes loyal clients who have no problem discussing the work that an attorney has done for them. If an attorney can not provide client reference, ask for professional references from affiliated advisors such as accountants and financial planners. These too can provide insight into the quality of an attorney's work. (Yes, Lori's references are available upon request.)

DO YOU WELCOME INPUT FROM MY ACCOUNTANT AND FINANCIAL ADVISOR?

Working with each client’s existing financial, tax and insurance advisors, the team approach provides the best solutions possible for the client. A lawyer is a very important member of your team, but your accountant and financial advisor can offer additional insight and create the best plan possible for your particular situation. 

Lori believes in the team approach so much that she is a Founding Member of WealthCounsel Advisors Forum, an interdisciplinary association of premier wealth planning professionals across the nation.

DO YOU CARRY MALPRACTICE INSURANCE?

Errors and Omissions insurance, commonly known as "malpractice insurance" is important to the client and their beneficiaries as much as it is for the attorney. Lori does maintain E&O coverage.