when would it be most appropriate to consult a lawyer and not attempt to write a trust yourself

by Milton Bashirian MD Published 2 years ago Updated 1 year ago 4 min read

Does an initial legal consultation mean that the Attorney will represent me?

It is important to note that an initial legal consultation does not mean that the attorney is officially representing you or has taken on your case.

Should you be completely honest during a legal consultation?

Another reason to be completely honest during a legal consultation is that legal consultations will always be confidential. This means that what you discuss with an attorney will not be discussed outside the meeting room.

How do I prepare for a consultation with an attorney?

Can a lawyer withdraw money from a client trust account?

Where money has been advanced in anticipation of future services, the lawyer is usually required to keep the money in a client trust account. The trust account money is considered property of the client in most jurisdictions. The lawyer has a right to withdraw the money after the fees are “earned” by the lawyer.

Why would a person want to set up a trust?

The main purpose of a trust is to transfer assets from one person to another. Trusts can hold different kinds of assets. Investment accounts, houses and cars are examples. One advantage of a trust is that it usually avoids having your assets (and your heirs) go through probate when you die.

What are the disadvantages of a trust?

What are the Disadvantages of a Trust?Costs. When a decedent passes with only a will in place, the decedent's estate is subject to probate. ... Record Keeping. It is essential to maintain detailed records of property transferred into and out of a trust. ... No Protection from Creditors.

What are the 3 types of trust?

To help you get started on understanding the options available, here's an overview the three primary classes of trusts.Revocable Trusts.Irrevocable Trusts.Testamentary Trusts.More items...•

At what net worth do I need a trust?

Here's a good rule of thumb: If you have a net worth of at least $100,000 and have a substantial amount of assets in real estate, or have very specific instructions on how and when you want your estate to be distributed among your heirs after you die, then a trust could be for you.

What assets Cannot be placed in a trust?

Assets That Can And Cannot Go Into Revocable TrustsReal estate. ... Financial accounts. ... Retirement accounts. ... Medical savings accounts. ... Life insurance. ... Questionable assets.

What are the pros and cons of a trust?

Advantages And Disadvantages Of A TrustAvoid Probate Court. ... Your Personal And Financial Matters Remain Private. ... You Maintain Control Of Your Finances After You Pass Away. ... Reduce The Possibility Of A Court Challenge. ... Prevent A Conservatorship.

What type of trust is best?

Which Trust Is Best For You: Top 4Revocable Trusts. One of the two main types of trust is a revocable trust. ... Irrevocable Trusts. The other main type of trust is a irrevocable trust. ... Credit Shelter Trusts. ... Irrevocable Life Insurance Trust.

What is a dry trust?

Dry trusts are trusts that merely vests legal title in a trustee but do not require the trustee to do anything. The title on trust assets are changed to that of the trustee but the trustee has no duties other than to transfer the property to the beneficiary.

What are the disadvantages of a family trust?

Disadvantages of a Family Trust You must prepare and submit legal documents, which the court charges a fee to process. The second financial disadvantage of a family trust is the lack of tax benefits, especially when it comes to filing income taxes. When the grantor dies, the trust must file a federal tax return.

Why is a trust better than a will?

Trusts are frequently used in estate planning. "Living trusts" created in the grantor's lifetime facilitate the transfer of assets to heirs without the cost and publicity of probate. Transfers by trust can usually be quicker and more efficient than transfers by will.

Should I put my assets in a trust?

There are several benefits of creating a trust. The chief advantage is to avoid probate. Placing your important assets in a trust can offer you the peace of mind of knowing assets will be passed onto the beneficiary you designate, under the conditions you choose, and without first undergoing a drawn-out legal process.

Is it worth it to set up a trust?

A trust allows you to be very specific about how, when and to whom your assets are distributed. On top of that, there are dozens of special-use trusts that could be established to meet various estate planning goals, such as charitable giving, tax reduction, and more.

Why do lawyers offer free consultations?

Most lawyers offer a free consultation so that you have a chance to determine if he or she is the right person for you. Going to the first meeting with some simple questions can help you ensure you find the right person for the legal help you need. You will not get much legal advice at this consult since it is not meant to resolve your legal ...

Why is it important to meet with a small business attorney?

Meeting with a small business attorney is an important way to get your business off to a good start and minimize future risks. Here are questions to ask at your first meeting.

What to ask a lawyer about a case?

An important question to ask a lawyer is what the strategy for your case will be and the outcome the lawyer expects. You’ll want to get details on what kind of procedures to expect. Ask how long it will take for the entire case to be resolved. Discuss the legal strategies that will be used. Find out if your attorney will attempt to settle and if mediation or arbitration are options. Think about the answers and if you are comfortable with them. Maybe you want to avoid a trial at all costs but your attorney really wants to just go to trial, or perhaps you have no intention of settling and want your day in court. It is important that your lawyer’s strategy lines up with your needs.

What is a meeting with a lawyer?

Meeting with a lawyer for an initial consultation is generally not a chance to ask legal questions that are in depth, but is instead an opportunity to get a sense as to whether this lawyer is the right one to handle your case. Use this meeting to help you decide which lawyer will be the best one for your case.

Can you ask where an attorney went to law school?

It is generally not very helpful to ask where the attorney went to law school since you can find this information online and it often tells you nothing useful anyhow. Focus instead on experience with your type of case. You can also ask the average verdict the lawyer has obtained in your type of case.

What is the purpose of a free consultation?

The purpose of a free consultation is not to obtain specific legal advice in the consultation, but rather to allow you to determine whether you would like to hire the attorney and to allow the attorney to determine whether he or she can help you achieve your legal goals.

What is retainer in a trust account?

A retainer is basically a down payment for the attorney’s work. It is kept in a trust account and remains your money and refundable until the attorney earns it. This is a great time to ask the attorney any questions that you have, including questions about his or her experience with cases like yours.

What is retainer in a case?

A retainer is basically a down payment for the attorney’s work.

Do attorneys give free consultations?

Many attorneys offer both free consultations and paid consultations, depending on what you are trying to accomplish. The key to understanding the difference, is that generally attorneys will not give legal advice without being first hired by the client.

Can an attorney give free legal advice?

The key to understanding the difference, is that generally attorneys will not give legal advice without being first hired by the client. Attorneys don’t give legal advice without first being retained ...

How to consult with an attorney?

Before consulting with an attorney you should make sure that you properly prepare for the consultation by gathering any and all documents that are relevant to your case. It is important to bring every document you have for the attorney to review, as they will be able to properly determine which documents are relevant, and which are not. Documents that you should bring with you may include any of the following: 1 Contracts: If your claim arose from a contract dispute, then you should bring copies of the contract and any documents explaining the contract; 2 Police or Accident Reports: If possible, you should bring any police or accident report that was created as a result of the incident you were involved in; 3 Property Deeds: If your claim involves a property dispute, you should be sure to bring a copy of the deed or any documents relating to the property, such as an oil and gas lease, etc.; 4 Employment Records: If you claim is an employment dispute, then you should bring all of your employment records, such as your employment contract, employment agreements, or timesheets; or 5 Other Documents Evidencing Damages: Other important documents to bring include any evidence of damages, such as medical records or expenses, or any warranties or letters created by the party you are trying to sue.

How to prepare for a consultation with an attorney?

What is legal advice?

Legal advice is advice given to a person that seeks the advice from an attorney, the advice given pertains to matters within the attorney’s competence, and the attorney expressly or impliedly agrees to give advice or their assistance in the matter. If such legal advice is given an implied attorney-client relationship may be formed between you ...

What is a legal consultation?

In short, a legal consultation is an initial meeting with an attorney that takes place before you make the decision on whether to hire that attorney to represent you in your particular legal matter. Further, the attorney will also use the consultation in order to determine if they can legally and competently represent you based on ...

Why is it important to be honest during a legal consultation?

What documents are needed to bring a lawsuit?

Other Documents Evidencing Damages: Other important documents to bring include any evidence of damages, such as medical records or expenses, or any warranties or letters created by the party you are trying to sue.

Is a consultation a client relationship?

Once again, although an initial consultation does not form an attorney-client relationship, as that is not formed until there is a signed representation agreement, everything that you communicate with an attorney during a consultation will remain privileged and confidential, as if an attorney-client privilege had formed.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

1. How long have you practiced law?

At a minimum, you'll want to know about the lawyer's expertise and whether the lawyer is a veteran or beginner attorney, for instance. Your legal issue may very well be handled by someone who is fresh out of law school, (or not). It all depends.

2. What type of cases do you generally handle? What percentage of your practice is devoted to (the practice area in question)?

You'll also want to know about a lawyer's expertise and how much of the attorney's practice is devoted to topic area your legal issue falls within. For example, if you need help with an adoption case, you may wish to seek a family law lawyer who has worked on, well, adoption cases. Click here for a full list of practice area definitions.

3. Who is your typical client?

This is an important, but often-overlooked question. For example, if you are an individual with a particular legal problem, but the attorney your meeting with represents only corporations, this may not be the best lawyer for you. Likewise, you may wish to know the financial background of some of the lawyer's clients.

4. How many cases have you represented that were similar to mine?

Now is not the time to act shy. Feel free to ask about the attorney's track record, such as the number of cases won or settled, for example.

5. Other than a law degree, what kind of special training or knowledge do you have that might apply in my situation?

Some cases, like DUI and patent cases, require specialized training and knowledge for effective representation. Be sure to inquire whether your case fits into that category.

6. What are your attorney fees and costs, and how are they billed? Will a portion or all of my case be handled by paralegals or legal assistants? If so, ask about reduced costs

This step is obviously an important one. You'll want to know whether you can afford the lawyer's services and how you will be required to pay. This is also the time to ask about payment options and how often, and under what circumstances, you will be billed.

7. What is your approach or philosophy to winning or representing a case?

This can be important in two ways. First, if you are seeking an amicable divorce, for example, but the attorney is known to "go for the kill" in divorce cases, the attorney may not be the right one for you.

What to do if your lawyer is unwilling to discuss your bills?

If your lawyer is unwilling to discuss the bills, you should put your concerns in writing, and consider ending the relationship.

What happens if you don't collect a lawyer's fees?

Failure to collect a large legal fee can endanger the lawyer’s standing in his firm and within the larger legal or client community. Fee collection claims often lead to ethical complaints, and counterclaims for malpractice, fraud, breach of fiduciary duty, or breach of contract.

What is a lawyer's agreement?

Lawyers will often refer to agreements they have with clients, typically drafted by the lawyer at the beginning of the engagement, as evidence that a client agreed to certain payment terms. For example, there may be agreement as to hourly rates, staffing, or contemplated courses of action.

Why do lawyers give bonuses?

Despite this, lawyers often tell their clients they are entitled to a “bonus” over the agreed-upon fee because the matter has become more difficult than expected or because of an unexpectedly favorable result. It is common for such a lawyer to “negotiate” the increased fee in the middle of an engagement.

What happens if a client is ethically transgressive?

If the ethical transgression is slight or not related to the fees charged to the client, courts are less likely to order a forfeiture of fees. Where the transgression is serious and has a closer nexus to the fees, partial or total forfeiture is likely.

What happens if representation is over?

If the representation is over, you may feel compelled to pay outstanding bills, even if they are outrageous, since your lawyer is the last person you want as an adversary in litigation. You recognize that your lawyer possesses superior knowledge about the legal system that will determine any billing dispute.

Where does a lawyer have to keep money?

Who can take over management of a trust?

The grantor can name a "successor trustee" to take over management of the trust should the grantor ever become incapacitated and unable to manage it personally. The successor trustee would also step in at the time of the grantor's death to transfer the assets to the trust's named beneficiaries.

What should a trust's formation document state?

Ideally, your trust's formation documents should state who gets your assets and when, and how the transfer of assets to your beneficiaries should take place. Planning for all this will most likely require more than checking off a few boxes on preprinted forms.

How does a revocable trust work?

How a Revocable Living Trust Works. A living trust is a separate legal entity set up to hold ownership of some or all of your property . You "fund" it after creating it , retitling that property into the name of your trust.

Can you transfer real estate in a living trust?

You'll Need Other Documents. The good news is that real estate, automobiles, or virtually any property can be conveyed in a living trust. The trustee or successor trustee will have the same control that a title owner has regarding the asset, but ownership has to actually change for this to be the case.

Can a trust be invalidated?

Your entire trust can be invalidated if you don't comply. Your trust's terms won't be honored and, ultimately, your estate will have to pass through probate.

What should psychologists avoid?

According to the Ethics Code, psychologists should avoid relationships that could reasonably impair their professional performance, or could exploit or harm the other party. Behnke emphasizes, however, that multiple relationships that are not reasonably expected to have such effects are not unethical.

How to prevent confidentiality problems?

To help prevent confidentiality problems, psychologists can: Discuss the limits of confidentiality, including their uses of electronic transmission and the foreseeable uses of confidential information, as soon as possible . Ensure the safe storage of confidential records.

Why are mandatory reporting laws not created?

Mandatory reporting laws were not created to have clinicians decide whether abuse or neglect is happening, says Cohen, but to have them bring the facts to the attention of authorities, who will decide. "If you wait and nothing bad happens, you've still violated the law," he says.

When one partner wants a better marriage but the other wants a "painless" divorce, should psychologists

For example, when one partner wants a better marriage but the other wants a "painless" divorce, psychologists should clarify at the beginning that they cannot decide whether the couple should stay together or offer expert opinions later on during a divorce suit.

Can a psychologist evaluate a person directly?

According to the Ethics Code, when psychologists can't evaluate a person directly, they should document the efforts they made and the result of those efforts.

Do psychologists have to practice ethically?

Every psychologist knows they are obligated by the Ethics Code to practice only where they are competent. But sometimes difficulties arise when, for example, they practice in emerging areas where there aren't clear standards.

Do psychologists have to disclose their clients?

While such requests may be well-intentioned, psychologists need to carefully balance the disclosure with their ethical obligations to protect their patients' confidential ity.