Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Monday, November 24, 2008

Are high intestacy rates due to poor will marketing by attorneys?

WillMichael McCunney (CEPHEI Consulting, LLC) and Alyssa A. DiRusso (Assistant Professor of Law, Samford University - Cumberland School of Law) have recently published their article entitled Marketing Wills [the link is to the SSRN version], 16 Elder L. J. 33 (2008).

Here is the abstract of their article:

Disappointing rates of intestacy may be as much a business problem as a legal one. In this interdisciplinary law and business article, the authors investigate whether widespread intestacy may be attributable in part to the failure of the legal industry to market wills effectively. Although attorneys can market within the boundaries of the Model Rules of Professional Conduct, the majority do not take full advantage of the range of permissible marketing strategies. This Article suggests that attorneys learn the basics of marketing strategy and rely on guidance from marketing experts in order to structure effective programs to educate the public on will drafting services. By integrating both law and business, estate planning lawyers can better serve current and future clients.


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