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CHAPTER 18 n KEEP YOUR PLAN CURRENT
must be iled. For certain matters, city dwellers can reap additional savings by seeking out small-town lawyers, whose rates are far below those of their urban or suburban counterparts.
Going to the lawyer who has done an estate plan for other family mem- bers (for example, your parents) poses conidentiality problems. That lawyer can’t reveal any aspect of the others’ plan to you without the consent of the individual or couple. If this poses a conlict of interest so that the pro- fessional can’t handle the matter, the same issue typically applies to other lawyers at the irm. But she can probably recommend a colleague elsewhere.
Whomever you are considering, meet before you decide to work to- gether (most professionals charge for this initial consultation only if you go forward). Pay attention to chemistry. Is the lawyer listening, or does she seem to have her own agenda? You want someone who can empathize with your concerns and put herself in your shoes. Also consider whether you would feel comfortable revealing highly personal information that bears upon your estate plan. This might include not only your inances, but also the state of your marriage, relationships with other family members and whatever concerns keep you awake at night.
Hourly rate or lat fee? While most lawyers charge an hourly rate, some offer lat fees for a package of basic estate planning documents, like a will, living trust, power of attorney, living will and health care proxy. Each bill- ing arrangement has pros and cons. With a lat fee you know in advance what you will have to spend and you avoid surprises. But it’s also possible that your lawyer is using a standard form without taking much time to adapt it to your situation. Ask the lawyer how much customization you can expect in a lat-fee arrangement.
You strengthen your hand when negotiating fees by doing a little homework to cut down on the time your matter consumes. Start by read- ing the chapters of this book that apply to your situation (the Table of Contents can help you identify them). Before contacting a lawyer, give some thought to the items on the To-Do list at the end of each chapter, such as those on pages 43, 97 and 137.
Another way to control costs – and an alternative you could propose if you don’t think a lat-fee arrangement will meet your needs – is to ask your lawyer to bill by the hour but give you an estimate of the total cost and
a warning (with an explanation) if it looks as though you will incur addi- tional charges. Either way, lawyers commonly charge for such expenses as
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