If you want advice on how to choose a financial planner – a topic we’ve covered regularly here on the Blog, most recently just last week – there’s no shortage of recommendations. But if you’re looking for ideas on how to choose an estate planning lawyer, the amount of online advice shrinks considerably.  

We’re not entirely sure why that is, but we would argue that having the right legal professional on your team to handle your estate planning is an essential decision, and you need and deserve all the proper guidance you can get as you choose the right one. Still, when we searched for articles on the topic of selecting an estate planning lawyer, most of the hits came from – you guessed it – law firms. And each firm was ready to explain why they were a perfect fit. 

So, we dug a bit deeper and discovered this article from Forbes, first published back in 2020. In it, former Forbes contributor Brian Chew, an estate planning attorney in Southern California, gives us some basic suggestions on why we need proper legal counsel for our estate planning needs. We also found some helpful recommendations on how to find the right attorney, this from the financial experts at Fidelity, which we’ll share in a bit. 

First, let’s see if the advice from Forbes still holds up. 

The Right Legal Advice: Much More Important Than Saving Money 

Writing in Forbes, Chew starts with a warning: buying cheap legal advice could be a costly mistake. 

“The do-it-yourself, or DIY, mentality is a common concept for people to save time, money and resources,” he writes. “More and more people know exactly what they want and would rather do it themselves instead of paying an outside contractor to try to get it as close to their vision as possible.”  

But inexpensive DIY legal work could jeopardize your entire estate plan. These online providers may offer cheap rates and faster turnaround times, says Chew, but their cookie cutter advice can leave you and your family in the lurch.  According to published reports, says Chew, “some have been sued in a couple of states for violating unauthorized-practice-of-law statutes.” 

Your Heirs Can’t Afford a False Sense of Security 

Chew observes that relying on an estate plan that is incomplete, outdated, or inappropriate for your needs can lull you and your heirs into a false sense of security – only to discover the problems when they’re too late to fix without major time and expense. “Consequences for an improperly drafted estate plan could take a long time to remedy,” Chew warns. 

The result of legal errors and oversights is often confusion and disappointment. In a worst case, family members and other heirs can find themselves enmeshed in hostile litigation, all to rectify a problem that could have been solved with thorough legal planning. You may have had a clear understanding of your wishes and intent, but if you create a will or trust on your own, others may not. This could potentially void the will and make your wishes unenforceable. 

A Estate Planning Lawyer Gives Your Will a Solid Legal Foundation 

If the downside of do-it-yourself legal documents is so clear, why hire an an estate planning lawyer? The answer goes far beyond his or her technical expertise.  

“Having been trained in this field,” Chew writes, “an experienced attorney can also serve as a counselor to the family as they make their intimate decisions about the future and their acquired assets. An estate planning attorney would have expertise gleaned from having discussed issues with thousands of clients and may be able to provide a different perspective and advise on unique situations.” 

Determining Your Goals and Ensuring Their Fulfillment 

In his Fortune article, Chew goes on to explain how the job of the estate planning lawyer is to make certain the client’s intentions are clearly stated and faithfully enforced. For example, your estate may require the naming of a trustee or guardian, a task with which your attorney can provide invaluable advice. He or she can also advise on matters related to estate taxes and funding of trusts, something no online service is equipped to do. 

It’s also true, Chew adds, that a will that was written by an attorney carries more weight.  

“Retaining an attorney for your estate plan also bolsters the validity of the will,” he explains. “In the event of a conflict, a lawyer can explain your intentions to a judge who would look into the conversations you had while alive.” He gives the example of one state, New York, where a will executed under the supervision of an attorney is presumed to be valid. 

Finding the Right Legal Counsel to Handle Your Estate 

Brian Chew’s article from Forbes gave us some of the basic reasons why we need an estate planning lawyer on our team. So, now that we’re convinced, what do we do next? 

To help answer that question, we’re turning our attention to this how-to article from the Fidelity website. It’s part of a feature called Fidelity Viewpoints, and it provides some step-by-step suggestions on just how to find the right estate planning attorney to help us craft our plan. 

In a way, we note, the suggested process is a lot like finding any reputable professional. We start with a list of attorneys who specialize in meeting our specific needs. Then we narrow the list and interview candidates using a prepared set of questions. Finally, before we make the selection, we dive into the details concerning each attorney’s fee structure and other variables. 

Here’s how the Fidelity Viewpoints article breaks that process down. 

Before Searching for Candidates, Understand Your Own Individual Needs 

The Fidelity article suggests that we start with a simple list of attorneys. But as we read the article, that’s not quite accurate. First, we have to know just what kind of help it is we’re actually searching for. 

“Start by identifying what you need to accomplish with your estate plan,” says Fidelity. “That information will help you determine the type of attorney you’ll need.” 

As the article explains, beyond the basics of a will, powers of attorney, and simple trusts, there are some situations that demand legal specialization. “For example,” says the article, “you may have reason to be especially concerned about maximizing benefits programs such as Medicaid, or addressing long-term care, in which case you may need a specialist in elder law.” 

Geography also plays a part in preparing your candidate list.  Financial interests overseas may mean you need an attorney who specializes in international estate planning, says Fidelity. Or you may own property in more than one state, so any attorneys you might consider should be licensed to practice in all of them. 

Two Great Sources: Word of Mouth and Personal Referral 

“Once you know the kind of attorney you need, you can begin to build a list of potential candidates,” says the Fidelity article. “Start by asking trusted friends and family members for referrals.” The first-person experience of a trusted friend carries a lot of weight. 

 “Word of mouth is always one of the best approaches,” says Michael Christy, vice president of advance planning at Fidelity. “If people have had a bad experience, they’re sure to tell you.” 

Other financial professionals you know well – accountants, insurance agents, and bankers, for example – can also be good referral sources.  

Then, says Fidelity, examine your candidates. “Look into each attorney’s background,” the article recommends. “Check their websites for information about firm size, experience, and specializations. Take a look at the social media sites that each attorney uses. The way an attorney is represented on social media sites may give you a sense of what it will be like to work with them.” 

Interview Your Prospects – and “Trust Your Gut” 

An interview with your prospective attorney is a necessary step. Some may charge for the time, but whether they do or not, make sure to honor the allotted time period by preparing well for the conversation. Note that this interview could be in person or via Zoom or FaceTime. 

The article lists some basic questions you might want to raise. They really fall into these categories: 

Professional Experience: ask about their educational background and length of time in professional practice. You might also ask why they chose estate law as a career field. 

Communication Preferences: ask how they prefer to communicate with their clients, and find out the best way to contact them – phone, text, email, or appointment. Also find out if you as a client will be interacting with them personally or working through a paralegal or assistant. 

Making Changes: ask if they will you send you periodic updates about the status of your plan, or if you’re expected to take the initiative. 

Rates and Fees: ask how they charge – hourly vs. fixed rate – and determine exact costs ahead of time. Find out what specific charges are not included in that rate. 

“Don’t be afraid to shop around,” says Fidelity’s Christy. “You’ve got to have a good rapport. If the attorney you’re interviewing makes you uncomfortable during your initial interactions, you may never develop the type of open communication that is the foundation of a good working relationship.” 

No Surprises: Take the Time to Understand the Fee Structure 

Unless you have money to burn, the cost of legal services will be important. You’ll need a clear understanding of your budget. Then find a qualified lawyer whose fees you can afford. 

“Some attorneys offer a free consultation; others don’t,” says the Fidelity article. “Some offer a free consultation for a set amount of time, such as the first hour, and begin charging after that.” Whatever an attorney offers, get the details up front and stick to the time limits. 

You’ll want to find out what each attorney’s policy is well before the first meeting. Seeing these fees in writing might be helpful in order to avoid misunderstanding. 

Evaluating Flat Fee vs. Hourly Fee, Plus Additional Charges 

If you’re asking an attorney to draft an estate plan for you, those fees can vary as well. “Some attorneys charge a flat fee, while others bill by the hour,” Fidelity writes. “Flat fees typically include everything required to prepare the estate planning documents” – a will, power of attorney, and medical directives. Typical costs range between $1,000 to $2,500. Of course, complex estates and other factors such as multi-state jurisdictions will drive costs higher. 

Hourly rates will vary significantly. The Fidelity article notes that many attorneys who bill hourly charge clients in 6-minute increments. 

Moreover, the fees for the attorney might not cover everything. “An attorney also may pass along other fees for specific tasks, such as online research, court filings, copying documents, or courier fees,” says Fidelity. “Ask about these potential charges up front before making a selection.” 

Now That You’ve Made Your Choice, Let the Legal Work Begin 

Choosing the right estate planning attorney will involve understanding your needs, your personality, and your budget. Once you’ve selected, you can formally retain your new counsel. 

“At this point,” the Fidelity article explains, “the attorney may provide you with an engagement or retainer letter, a contract that defines the nature of your legal engagement with them and the terms of the agreement you have reached. These terms include the expenses you will be responsible for and how your attorney will charge for their time.” 

Now you and your attorney can start working together to make sure your plan covers all of your needs. The Fidelity article recommends revisiting your estate plan every 2 to 3 years. This is especially true in cases involving major life events – remarriage, death of a family member, divorce, long-term disability, or inheritance.  

(originally reported at www.forbes.com and www.fidelity.com)