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By: Sandra Simpson on Tue May 6, 2008

Hiring an estate lawyer for estate planning, estate management, and estate disposal after your death through trusts, drawing up a will and other documents isn’t something we’re accustomed to thinking about, or even really want to. But leaving estate-planning until circumstances force it is both irresponsible and potentially damaging for you and your loved ones. It can also leave you particularly vulnerable to the siren call of less-than-scrupulous lawyers, who will promise quick-fixes to those who feel they don’t have the luxury of time.

Experience?
Your estate lawyer (or estate-planning attorney) should be experienced in all of the areas of concern to your particular situation, as well as knowledgeable enough about other areas of the law that estate planning might extend to, or might affect your will.

There are many lawyers who claim to be trust and estate planning experts, hoping to take advantage of an aging and relatively affluent population by misrepresenting themselves and their field of expertise, which is why it’s essential to take your estate lawyer selection process seriously.

Compile a List of Potential Candidates
If you already have a lawyer or an existing business relationship with a law firm, ask for a referral. If you’ve already dealt with a law firm that you trust and that has proven itself in the past, the chances are that the firm will either have an appropriate lawyer or be able to refer you.

Once you’ve compiled your list, screen your candidates and whittle the list down to around 4 candidates. The criteria you use to select should be – a background and expertise in trusts, estates and estate planning; good standing in a reputable law firm; good standing with their state bar association; and finally, a solid reputation amongst family, friends, business partners and acquaintances.

Certain states certify lawyers for specialization. If your lawyer isn’t a state-certified specialist in trust, estates, and estate-planning, it would be wise to dismiss him or her as a candidate.

There are many regional, state-wide, and national professional associations that lawyers may be a member of. What associations is the potential candidate a member of?

Your Lawyer's Staff
Many lawyers will delegate duties to their staff. Expect standards of courtesy and professionalism to be maintained by both the lawyer and his staff. Many delicate issues will be discussed and over the course of your professional relationship, and eliminating discomfort and ensuring ease during the process should be one of the prime concerns of your lawyer and your lawyer’s staff.

Ensure that the lawyer you choose has some degree of experience, or if you’re going for a relatively young lawyer, comes highly recommended from lawyers who do have a lot of experience.

Ask your lawyer or the law firm for at least four references. Any upstanding lawyer will be able to provide you with a list of past and current clients that will be more than willing to vouch for her or his trustworthiness, expertise, and skills.

Prior to making your decision, ask for a copy of the lawyer or firm’s retainer agreement. Go over the details with your potential lawyer, and clarify anything and everything that seems ambiguous or that you’re unsure of. Because hiring an estate lawyer can represent a significant expense over a number of years, it’s important that you know exactly what you’re getting and exactly who much you’ll be paying.

Is there anything about your situation that might require non-traditional expertise? After your passing, will you be to people who don’t speak English? Will there be any international transfers of funds?

After you’ve made your choice, and decided, be prepared to be charged for your initial meeting. Make sure that you ask what the fee is of your initial meeting before you make the appointment! It will save you the nasty little surprise that “billable hours” can often be for new clients.