American College of Trust and Estate Counsel |
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| Form of an Engagement Letter for the Representation of Both Spouses Jointly [Note: This is JUST a sample. For WA2 you are writing your letter just to Jan DeBoer -- not to both Mr. and Ms. DeBoer and so you cannot just copy this engagement letter. This ACTEC sample does NOT address all the conflict issues that you need to address in WA2. And think about ways to improve on this sample, especially in being accurate without necessarily using specialized legal terminology but instead using clear and plain language that the client will understand] |
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[Date] |
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| [Client Names and Address -- not needed for WA2] | |||||||||||||||||||||||
Subject: [Subject Matter of the Engagement] |
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Dear Mr. and Ms. Smith: [For WA 2 Dear Mr. DeBoer:] |
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You have asked me to [scope of representation]. |
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It is common for a husband and wife to employ the same lawyer to assist them in planning their estates. You have taken this approach by asking me to represent both of you in your planning. It is important that you understand that, because I will be representing both of you, you are considered my client, collectively. Ethical considerations prohibit me from agreeing with either of you to withhold information from the other. Accordingly, in agreeing to this form of representation, each of you is authorizing me to disclose to the other any matters related to the representation that one of you might discuss with me or that I might acquire from any other source. In this representation, I will not give legal advice to either of you or make any changes in any of your estate planning documents without your mutual knowledge and consent. Of course, anything either of you discusses with me is privileged from disclosure to third parties, except (a) with your consent, (b) for communication with other advisors, or (c) as otherwise required or permitted by law or the rules governing professional conduct. |
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If a conflict of interest arises between you during the course of your planning or if the [number] of you have a difference of opinion concerning the proposed plan for disposition of your property or on any other subject, I can point out the pros and cons of your respective positions or differing opinions. However, ethical considerations prohibit me, as the lawyer for both of you, from advocating one of your positions over the other. Furthermore, I would not be able to advocate one of your positions versus the other if there is a dispute at any time as to your respective property rights or interests or as to other legal issues between you. If actual conflicts of interest do arise between you, of such a nature that in my judgment it is impossible for me to perform my ethical obligations to both of you, it would become necessary for me to cease acting as your joint attorney. |
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Once documentation is executed to put into place the planning that you have hired me to implement, my engagement will be concluded and our attorney-client relationship will terminate. If you need my services in the future, please feel free to contact me and renew our relationship. In the meantime, I will not take any further action with reference to your affairs unless and until I hear otherwise from you. |
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After considering the foregoing, if you consent to my representing both of you jointly, I request that you sign and return the enclosed copy of this letter. If you have any questions about anything discussed in this letter, please let me know. In addition, you should feel free to consult with another lawyer about the effect of signing this letter. |
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Sincerely, |
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[Lawyer] |
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| CONSENT | |||||||||||||||||||||||
Each of us has read the foregoing letter and understands its contents. We consent to having you represent both of us on the terms and conditions set forth. We each authorize you to disclose to the other and to our advisors any information regarding the representation that you receive from either of us or any other source. |
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