From time to time, an adult child, relative, or friend reaches out to schedule a consultation about estate planning for someone else.
I understand the intention. However, I do not conduct initial consultations with anyone other than the person who may become the client.
The Consultation Is About Fit and Direction
The initial consultation is how I determine whether I can and should take on the representation.
That requires a direct conversation with the potential client to understand their goals and confirm that we are a good fit to work together. It also ensures I am hearing their wishes directly, rather than a filtered or secondhand version.
Competence and Independent Decision-Making
Part of the initial consultation is confirming that the potential client:
- understands what is being discussed, and
- is making their own decisions about their estate plan.
I need to hear directly from them to ensure I am being asked to implement their wishes—not someone else’s.
Legal and Ethical Requirements
There are also legal and ethical rules that govern how I practice.
At the outset, I am required to:
- clearly identify who the client is,
- evaluate whether there are any conflicts of interest, and
- maintain appropriate confidentiality.
Those obligations depend on direct communication with the potential client. They cannot be satisfied through a third party.
Efficiency
As a practical matter, meeting with someone other than the decision-maker almost always results in repeating the same conversation later, with a higher risk of miscommunication.
The Bottom Line
If someone is considering estate planning, the first step is a consultation with that person directly.
Family members are welcome to help coordinate, but the consultation itself must be with the potential client.
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