How to find the right attorney
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Once upon a time, an estate attorney completed a will for an elderly client. The elderly client thanked him and asked if she could pay his $500 fee in cash. He said cash was fine. She then pulled crisp new hundred-dollar bills from her purse. She began counting them in front of him – one, two, three, four and five. She thanked him for his work and left his office. The attorney then took the cash to his office and recounted it – one, two, three, four, five, six. The elderly woman accidentally paid him $600. The attorney then asked himself an important ethical question. “Should I split it with my partner?”
While some people view attorneys as professionals of last resort, such as hiring an attorney to defend you in court, we encourage you to view attorneys as resources to help you toward your goals. Attorneys are like doctors in that they have specialties. If you injure your knee, you will likely want to see an orthopedist, not a cardiologist. It’s easy to identify the difference between an oncologist and a pulmonologist, but it’s not as easy to identify an estate attorney versus a business law attorney. While it’s possible you may need a traffic law attorney at some point in your life, let’s focus on the more common attorneys you may need in your journey toward financial independence. These may include:
- Estate attorney
- Business law attorney
- Real estate attorney
- Employment law attorney
Estate attorneys, sometimes called elder law attorneys, specialize in estate planning. This includes drafting estate documents like wills, trusts, powers of attorney, healthcare directives, etc. Aside from the documents themselves, estate attorneys help with planning, such as how to structure a trust based on your marital status, net worth, state of residence, and philanthropic goals. It’s important to consider an estate attorney to help create an estate plan, especially if any of the following apply to your situation:
- You have minor children
- You have a child with special needs
- You own assets outside of your state or country of residence
- You have a blended family
- You own a business
One option for creating estate documents is using an online document generator. Online legal websites may be less expensive than working directly with an attorney, but you may not receive the customized estate work your family needs. Both online websites and traditional estate attorneys use templates to create estate documents. From there, the templates can be customized to your situation. If you and your spouse were each married before and have a blended family, your wishes for how assets should be split up when you pass away can be very complex. Some online estate document websites do a good job of customization, while others do not. Some online websites can also connect you with an attorney if you have questions. If you’re worried about your family’s unique situation, it may be best to involve an attorney who can use their expertise to completely customize your estate plan for your situation.
Attorneys can’t specialize in every area of law. It’s simply impossible. As you begin searching for an estate attorney, ask them about their areas of expertise. If you notice on their website that the same attorney handles traffic law, divorces, environmental law, real estate, and estate planning, go elsewhere for your estate plan. It’s possible for a law firm with numerous attorneys to be able to handle all of these specialties, but that’s a stretch for a single attorney. If you need estate planning, you need an estate attorney.
When it comes to business law attorneys, real estate attorneys, and employment law attorneys, your due diligence should be similar. You’ll want a specialist for each of these areas. If you find yourself needing all four, it’s possible to seek out four different attorneys at four different law firms. However, you may enjoy finding one or two law firms to work with that have various in-house experts to handle your needs.
When searching for an attorney, consider asking the following questions:
- What is your area of expertise?
- Do you have other attorneys at your firm with other specialties?
- What types of clients do you typically work with?
- Do you work by the hour or on flat fees?
- How much of this work will be done by an associate attorney or paralegal?
- What work will be excluded from your engagement agreement that I must handle on my own?
- Are you willing to coordinate with my CPA and CFP®, as needed?
A great place to start with finding an attorney is asking friends and family for a referral. If you prefer to search for an attorney online, attorneys will generally have bio pages on their websites that lists where they went to law school, their areas of expertise, and possibly industry awards. Once you have a few names, you can check them against the state bar association or disciplinary board to see if they’ve had any ethics violations in the past. Most attorneys will allow for a free consultation, so take them up on the opportunity to test their style of communication, experience, and how they’ve helped others like you with similar needs.
In summary, the right attorney can be a partner in your goals to reduce taxes, avoid probate court, protect your assets, or grow your business. It can be valuable to build a long-term relationship with an attorney that learns your specific needs over time and can guide you as difficult decisions arise.
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