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You probably already have a pretty clear idea of what you want
your lawyer to do for you. It will be sufficient for you, in
most cases, if he is interested, attentive, witty, prompt,
technically competent, as creative as the circumstances require,
and modest, if not wholly self-effacing, in his charges.
On the off chance that you may not have considered the
reciprocal question --- that is, what your lawyer may want
you to do for him --- I am going to give you a few suggestions.
Try to view this admonition as positively as you can; you must
realize that you are not being asked to do these things simply
to make your lawyer's life easier, you are being asked to do
them because you are going to get a better, and quite likely
less expensive, result than you otherwise would. To put it
another way, view it as an exercise in enlightened self-interest.
These are the principal things your lawyer will want you to do
for him in connection with an estate or business planning assignment:
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1. He will want you to
candidly disclose and discuss a wide range of personal matters,
such as the strengths and weaknesses of, and your relationship
with, your spouse, your children, your business associates and
any others who look to you for economic or emotional support
or who are natural objects of your bounty.
The planning process is a very personal one, and should reflect,
to the extent reasonably possible, your views and preferences
on a host of relevant personal matters.
2. He will want you to
furnish, insofar as you are able to do so, accurate and
complete information regarding your assets and liabilities, so
that your advisors will have full knowledge of the financial
dimensions of the project.
Assets do not have to be valued with great precision, because
they will change in value from day to day, but realistic value
estimates should be provided for all assets, or information as
to how such valuations could be obtained.
Materially overstating or understating your financial position can
badly damage the planning process and, in some cases, result in
the adoption of a harmfully unsuitable, and possibly uncorrectable,
plan.
3. He will want you to be
mindful that the decisions you will be making during the planning
process will probably have a greater effect on others than they
will upon you, and accordingly, to make a conscious attempt to
view those decisions from their perspective as well as from
your own.
4. He will want you to
tolerate, graciously if possible, a degree of artificiality in
your financial arrangements, and various planning documents
of greater length and complexity than you may be initially
comfortable with.
Some technical portions of the documents may be sufficiently
complex that you have to accept them on faith, but you will
find that the greater portion will be understandable and
susceptible of your critical evaluation, albeit perhaps with
a bit of effort, and he will want you to make that effort.
5. He will want you to
display a willingness to become informed, to examine the
alternatives presented to you, and to consider new ideas,
all with a view to becoming a real participant in the
planning process.
He realizes, and wants you to share his view, that the best
results will be achieved if you take an active role, and do
not merely "rubber-stamp" his recommendations.
6. He will want you to
be well organized regarding the process, to create and maintain
an orderly file, to take notes during conferences and during
your reading of all documents, and to ask questions whenever
you are unsure of something.
He knows that it doesn't do the process any good, and it may
well do it harm, for you to try to appear more knowledgeable
or sure of yourself than you really are.
7. He will want you to
exhibit a sense of balance and proportion, weighing the
inevitable complications of tax planning against the anticipated
benefits to be derived from it, so that you do not tilt
overmuch in the direction of simplicity at the expense of
substantial tax savings, or subject yourself or your family
to great complexity in a quest for minimal or speculative
savings.
8. Finally, but very
importantly, he will want you to be responsive. To be
responsive to requests for information, for consideration of
alternative strategies, and for review of proposed documents.
It's not that he wants to deny you the time you need for
mature deliberation, or that he simply wants to complete the
work and get on to other projects. It's because he knows from
experience that if the project is unduly delayed, memories
dim and will have to be continually refreshed, opportunities
for effective action may be lost through changes in the law
or in your circumstances, and/or you may dissipate the
energy, the interest and the concern which caused you to
undertake the process in the first place.
All of this will surely result in a less than optimum outcome,
and as a responsible professional he hopes to keep this
from happening.
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While this list is rather long, there is little in it which
you should find surprising. It is all just common sense, but
it may be helpful for you to focus on these requirements at
the beginning of the process so that, hopefully, the pieces
will fall into place more quickly and more effectively than
might otherwise be the case.
Remember, this is not purely to be nice, there is something
in it for you as well.
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