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'Reach Out to Prior Clients':

Estate Planning During a Pandemic

What’s Happening:

 

Estate planning is not necessarily more complex in the current pandemic, but the importance of proper planning has been thrust to the forefront, says Scott David Stewart, founder of the Phoenix-based Stewart Law Group.

 

“Similar to the need to maintain our physical and emotional health, this pandemic has reminded all of us that we cannot neglect the importance of proper planning both to take care of our heirs and ourselves using essential tools like health care powers of attorney and directives, so that appropriate people are making the decisions on our behalf and in a manner that supports our health care wishes,” Stewart said.

 

What Does This Mean for Family Law Attorneys and Their Clients:

 

Family law attorneys advising clients should always discuss the need for addressing estate planning concerns both during their case, so that new documents and directives can be drafted to avoid a divorcing spouse from making important life-altering decisions during a divorce, and at the conclusion of any case, to ensure that the client has planning in place or has updated a previous plan, says Stewart.

 

“Generally speaking, clients are slow to create or update estate planning because they do not foresee the circumstance as being urgent,” Stewart said. “After all, dealing with our own mortality is not pleasant nor urgent when you are seemingly in the prime of your life.”

 

What Should Family Law Attorneys be Doing?

 

Per Stewart: Reach Out to Prior Clients

 

Communication is always the No. 1 priority in client representation, and I find that the current pandemic has us reaching out to previous clients who may not have legacy planning on the top of their minds. It’s easy to forget clients of months or years past and focus on those whom you are currently representing, but communicating with prior clients builds both your reputation and business. Prior clients may not feel the need to reach out to their lawyer assuming they have all their I’s dotted and T’s crossed, but it is very possible a life-changing event may have already happened. Without your communication, they may not have executed the proper revision to their estate plan. Communicating with former clients is every bit as important as communicating with current clients.

 

What Questions Should Clients Be Asking Their Family Law Attorneys:

 

Per Stewart: The best question to ask your attorney is some version of “What else?” or “What am I missing?”

 

I believe this keeps the attorney on their toes and prevents them from getting narrowly focused on your current estate plan without exploring alternative options. The more questions you ask, especially very broad, open-ended questions, the more you and your attorney can continually expand your ideas so that you leave no stone unturned in your search for the most complete estate plan.

COVID-19 and Navigating Upcoming Holidays

What's Happening:

The COVID-19 pandemic has created special obstacles for families that have been involved in the family law system. Whether it’s through divorce, modifications, or Child Protective Services (CPS), these families need special help during the holidays, says Susan Myres, a board-certified family law attorney at Myres & Associates PLLC, and president of the American Academy of Matrimonial Lawyers (AAML).  

 

“We’ve been dealing with COVID-19 for six months now,” Myres said, “and I’m thinking, ‘What’s everyone going to do about the holidays?’ ”

 

What’s it Mean for Attorneys:

 

There has been an increase in phone calls and demands from clients that there are no ready solutions, requiring that we pull out all stops or create a solution that works in the individual cases, says Myres.

 

What Attorneys Should Be Doing:

 

Per Myres: Communication is key.

 

Proactive lawyers should be reaching out to clients who are known to have difficulties in communication so that they can encourage them to start thinking ahead as the guidelines suggest. All current cases should involve communications so that you can assist them in avoiding conflicts. And be a good role model.

 

 

What Questions Should Attorneys and Clients Be Asking?

 

Client to client: What are your plans?

 

Right now it’s October 22 and families are just talking about the holidays. And if you can be in a place of gratitude, ask them, “What can I do to make Thanksgiving better for you?”

 

Clients to their attorneys: “Do I need to do something different to protect my children?”

 

But no matter what you decide, don’t bring COVID to the holidays.

 

Attorneys to their clients: If your clients are in conflict, and you’re seeing a kind of spiraling out, ask them, “If this were a movie, how would your children see it?”

 

If they can do that, they can reach a consensus about their plans for the holidays, and remember to stick to it. They need to keep telling themselves and their children, “This is just one holiday, and we'll get through it.”

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