Estate Planning Engagement Agreement For Couples

The scope of the services I will render, the manner of calculating, billing, and collecting expenses and legal fees, and other aspects of the proposed representation are mutually agreed to be as follows:

1.      Services to Be Provided. 

I will draft the following documents for you and your spouse:

– Last Will and Testament
– Advance Medical Directive
– Durable Power of Attorney

2.      Determination of Fees for Service. 

Unless there are additional services you request (such as trusts for children, Transfer-on-Death deeds for real estate, etc.) my attorneys’ fee in this matter is a flat rate of $400.

This payment is to be made as follows:

– $400 upon finalization of the documents.

3.      Client Cooperation. 

You agree to cooperate fully and provide all the information I need to represent you. You agree to contact me promptly concerning new or changed information that pertains to the subject of this representation and will keep me informed of any change in your address or telephone number.  You also agree to respond to my requests for information and to my requests for communication.  Finally, you agree that the substance of our communications and the advice I provide is confidential and that you will not share it with any other person.

4.      Scope of Representation. 

This representation only extends to the documents noted hereinbefore.  Should you wish to pursue any related matter, it will need to be handled as a separate engagement.

5.      Other Representation. 

It is understood and agreed that I may accept the representation of other persons whose general business interest may in unrelated matters compete with yours or be adverse to yours as long as there is no actual or direct conflict of interest.

6.      Your Right to Terminate Representation. 

You reserve the right to terminate this representation with or without cause. When I receive your notice of termination, I will notify the court and request the court to allow me to withdraw as counsel in your case.  I will then stop all legal work on your behalf immediately. I will also waive any rights to further compensation for my representation; provided, however, that you will promptly reimburse me for all fees, charges and expenses incurred pursuant to this agreement before the date of the notice of termination.

7.      Work Papers, Etc. 

All of your documents that come into my possession from my files will be provided to you as soon as reasonably possible upon your request.

8.      Waiver of Warranties.

My entitlement to the reimbursements for expenses and/or attorneys’ fees described above is not contingent upon the final outcome of any particular matter that you have requested me to undertake. I cannot and do not warrant or predict final developments or results of any matter.

9.      My Right to Terminate Representation. 

I reserve the right to terminate my representation (to the extent permitted by applicable ethical and court rules) at any time if you breach any material term of this agreement or fail to cooperate or follow my advice on a material matter, if a conflict of interest develops or is discovered, or if there exists at any time any fact or circumstance that would, in my opinion, render my continuing representation unlawful, unethical, or otherwise inappropriate.

If I elect to terminate my representation, you agree to take all steps reasonably necessary and will cooperate as reasonably required to free me of any further obligation to perform legal services, including the execution of any documents necessary to complete my withdrawal from representation. In such case, you agree to pay for all expenses incurred before the termination of my representation in accordance with the provisions of this agreement.

10.      Commencement of Representation. 

My representation of you will begin upon your acceptance of this agreement.

11.      Entire Agreement. 

This agreement constitutes the entire agreement between the parties.