Thursday, June 22, 2017
We previously let you know that ACTEC has released the 5th edition of its Commentaries to the Model Rules of Professional Conduct. Now ACTEC has released a new edition of their engagement letters. Engagement Letters A Guide for Practitioners (3rd ed. 2017) is available as a pdf. There are 9 chapters with introductions, explanations, checklists and forms. The introduction explains the book's organization:
Following this introduction, there is a general checklist designed to aid the lawyer before preparing the engagement letter in any trust and estate representation. The general checklist includes cross references to the specific checklists and forms that follow. Following the general checklist, there are nine chapters, each with a basic engagement letter form or specific language to be added to, or used in conjunction with, a basic engagement letter form addressing:
Chapter 1: Estate Planning Representation of One Person or Spouses;
Chapter 2: Representation of Multiple Members of the Same Family Other Than or in Addition to Spouses;
Chapter 3: Representation of Multiple Parties in a Business Context;
Chapter 4: Estate Planning Lawyer Serving as a Fiduciary;
Chapter 5: Representation of Executors and Trustees in Administration Matters;
Chapter 6: Representation of Guardians/Conservators;
Chapter 7: Probate Litigation;
Chapter 8: Dealing with Diminished Capacity or Death of a Client Not Represented in a Fiduciary Capacity;
Chapter 9: Termination of Representation.
The introduction also offers a caution regarding the use of forms, a great reminder for all attorneys.