Finding the right estate planning attorney is like finding the right realtor or physician. There are basic essential things that must be in place, and then there are nuances meant for particular likes and dislikes. Regardless of an estate's size and complexity, the key is finding an estate planning attorney suited to the needs of an individual's specific situation.
There are some basic criteria that should always be met before hiring an attorney to handle an estate. First, the attorney should be licensed by the state bar association in the state in which they practice. The reason for this is that estate planning is a state law issue and every state has different rules and policies in place.
Next, the attorney should be focused in estate planning law. This does not mean that estate planning must be their only specialty, but that it should be one of only a few related fields. Other areas that estate planning attorneys may advertise is wealth planning, business law, elder law, or tax law. All of these fields compliment estate planning. Specialty areas such as criminal law, divorce law, or construction law are primarily litigious in nature and very time consuming, meaning a large part of the lawyer's time and attention are not typically spent on estate planning.
Lastly, the attorney should have liability insurance. Even the best estate plan drafters will make mistakes occasionally. Estate planning mistakes can be very expensive and difficult to fix after the fact and liability insurance can protect loved ones from costly mistakes later in the estate distribution process.
There are other factors when hiring an attorney that are helpful but not necessarily essential. Ideally, the attorney should have some years of experience in estate planning. But this doesn't necessarily exclude new lawyers as they could have gained sufficient experience in law school if they concentrated in estate planning. Additionally, it's common practice for new attorneys to work under older, more experienced attorneys before venturing out on their own to gain experience in the various nuances of a state’s law. As a general rule, two years of experience is adequate for a basic estate (a simple will) and five years is best for a more complex estate (trusts, out-of-state assets, etc.).
An attorney's track record should also be considered. Ask questions such as the number of clients an attorney handles per month and get references. It's also important to ask an estate planning attorney's probate track record. Mistakes can happen but should be very rare.
Finally, the cost should be compared with the fees charged by other lawyers. There is no set price for legal services and it is always possible that a more experienced attorney is available at a lower cost.
The rest of the decision is more about preferences and personal likes. An ideal attorney can answer questions quickly and fully in a way that the client understands. Most experienced estate planning attorneys will send a client forms to fill out in advance and provide checklists of what to bring to the first meeting. These practices communicate a desire to use the client’s funds efficiently.
Selecting an attorney can seem like a difficult process, especially when it involves future assets. The best indicator of a good attorney is the overall feeling after an initial consultation. If the attorney makes a person feel uncomfortable or the personalities do not blend, it’s best for that client to move on to a different attorney. Clients must be willing to reveal a great deal of personal information to an estate planning attorney, so the attorney should be someone the client trusts.