Estate lawyers face increasing demands, making efficient and effective client interviews more critical than ever. Just as LawPro's data highlights the risks in wills and estates work, a well-conducted client interview isn't just about gathering information, it's about protecting your practice and your clients' interests. Drawing from insights shared in our webinar series on client interview best practices, this guide provides crucial takeaways for immediate implementation in your client interview process.
Building trust from the first client meeting
Think of the initial client interaction as a pivotal moment. Clients are seeking not only legal expertise but also comfort and confidence. Whether in-person or virtual, the environment you create significantly impacts this experience.
For in-person meetings, ensure a private and comfortable setting. Consider details such as seating arrangements and a quiet atmosphere.
Don't overlook practical touches like offering water or having tissues available; these small considerations signal attentiveness to client comfort during what might be an emotional discussion.
For virtual meetings, prioritize helping clients feel comfortable with the technology. A brief technology check beforehand can ease anxiety. In sensitive situations, it's essential to confirm who is present during the virtual meeting.
Remember, in an era of automated online solutions, the personal connection you establish becomes your key differentiator. In my experience, clients who feel comfortable in their first meeting are substantially more likely to refer colleagues and family members to your practice.
Navigating interview participants: Key considerations
The presence of additional individuals during client interviews creates both opportunities and challenges. How you navigate these relationships can significantly impact the quality of information you gather and the legal protections you maintain.
- Spouses: Navigate joint retainer implications with precision. Clearly explain that confidentiality is shared between joint clients and what this means in practice. A written joint retainer agreement serves as essential protection against potential conflicts. Remember that even when one spouse is your primary focus, the other's presence fundamentally affects solicitor-client privilege.
- Advisors (accountants, financial planners): With client consent, involving advisors can offer valuable perspectives. Be explicit that solicitor-client privilege doesn't and cannot extend to these third parties regardless of their professional standing.
- Children and family members: While they may provide helpful context, establish a practice of meeting with the client individually at some point in your process. This helps ensure you receive their unfiltered direct instructions and allows you to assess for potential undue influence.
- Translators: For non-fluent clients, engage a qualified, independent translator. Relying on family members poses significant risks, especially for crucial will instructions.
- Other firm members: In high-risk situations, strategically include another firm member as a professional witness who can later attest to the client's capacity and instructions.
Conducting an effective client interview: practical strategies
Begin your meeting by establishing clear expectations and outlining a structured agenda. This simple step alleviates client anxiety while creating an efficient framework for your discussion. Take time to explain both the process and how the client will actively participate in the decision-making journey.
The pivotal role of note-taking and recording
As highlighted by LawPro data, inadequate documentation is a leading cause of estate claims. Your notes and records from client interviews serve as your critical defense when challenges arise years later.
Key areas requiring thorough documentation:
- Conversations about excluded beneficiaries or reduced inheritances
- Assets falling outside the estate plan (insurance, RRIFs, pensions)
- Client's explanations for non-traditional distributions
- Observations about capacity and understanding
- Presence of third parties during discussions
Best practices for effective documentation:
- Reserve 5-10 minutes immediately after each meeting for note completion
- Consider digital recording with informed client consent
- Implement tools like Zoom or Otter.ai to capture nuanced discussions
- Utilize transcriptions and AI summaries for enhanced searchability
Pro Tip
Leverage customizable intake forms to efficiently gather accurate client information. eState Planner offers tools that help visualize family trees and verify essential details, reducing the risk of oversight.
Gathering critical information: Family and asset essentials
Thoroughly exploring family relationships and asset ownership is fundamental to effective estate planning and risk prevention. The section below focuses on family relationships and assets. For a thorough guide on asset and beneficiary investigation, you can read our guide here.
Family relationships:
- Identify all family members, including names, ages, residency, and citizenship.
- Be sensitive to complex family dynamics, such as estrangement and prior relationships, and document these carefully, along with the client's rationale for their decisions.
- Inquire about special circumstances for each family member, such as disabilities, financial management difficulties, or US citizenship.
- Discuss potential dependent support claims, including situations where individuals reside with the client without paying rent or if the client provides financial support to adult children or other individuals.
Assets:
- The most critical piece of information for any asset is ownership. Understand if the asset is solely owned, jointly owned with rights of survivorship, held as tenants in common, or owned by an entity like a trust or corporation.
- For real estate, consider conducting a title search to verify ownership, identify encumbrances, and ensure accurate property descriptions. While clients may resist the cost, failing to verify a title can lead to liability.
- For life insurance, obtain the policy number as beneficiary designations are specific to each contract. Be aware of corporately owned life insurance, where the client may not have the right to make a beneficiary designation personally.
- For private corporations, obtain the full name of the corporation, details of ownership, and a general understanding of what the corporation owns. Clients may mistakenly believe they can gift assets owned by their corporation.
- Inquire about miscellaneous assets, including pets and digital assets like cryptocurrency.
Pro Tip
Visualize the family tree with tools like those in eState Planner. This can help clients identify all relevant family members and highlight any special circumstances.
Time well spent: Structuring efficient and effective interviews
While thoroughness is essential, efficiency creates value for both you and your clients. Once preliminary information is gathered (ideally in advance), focus your client meeting on verification, clarification, and education rather than basic data collection.
We've developed a downloadable guide to streamline your client meetings. The guide structures meetings by simplifying options at each stage, making the experience clearer and more efficient for both lawyers and clients.
Conclusion: Protecting your practice through diligence
When conducted with care and precision, the client interview not only protects your practice from potential claims but elevates the value you provide to clients. By implementing these best practices, focusing on thorough investigation, diligent documentation, and careful capacity assessment, you can significantly strengthen your estate planning practice and mitigate potential risks.
eState Planner is designed to support these best practices, offering tools to streamline client intake, improve data accuracy, facilitate collaboration, and ultimately empower you to provide exceptional client service and mitigate potential risks. By embracing these strategies and leveraging the power of technology, you can build stronger client relationships and achieve greater success in your estate planning practice.
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