Core Estate Planning Engagement Agreement 2
ENGAGEMENT AGREEMENT
DATE: December 6, 2023CLIENT NAME:
We are pleased that you have engaged our law firm to serve as your legal counsel for your estate planning needs. Our representation is limited to the Scope of Representation described below. To the extent you wish to engage our firm to represent you regarding other matters, you will be required to sign a separate engagement agreement describing the scope of that representation prior to our initiation of services. It is our policy to confirm in writing the nature of the engagement and the terms of our legal representation. If you do not understand all the terms or language in this engagement agreement, please contact Melanie Holliman prior to signing this engagement agreement.
Identification of Parties: This Engagement Agreement is made between Brookhaven Legal Professionals, PLLC (who also does business as Holliman & Holliman, PLLC), hereinafter referred to as “BLP,” or “We” or “Our” or “Us” and the Client Name(s) referenced above, hereinafter referred to as “you” or “Client(s).” Moreover, BLP represents only you and represents no other individual or entity in this matter. Furthermore, there are no intended third-party beneficiaries to the relationship between BLP and you.
Scope of Representation: We have been engaged to represent you for the purpose of drafting the following estate plan: Core Estate Probate Avoidance Plan (“the Plan”). The Plan includes the following: Revocable Living Trust with optional remarriage protection for surviving spouse, optional creditor protection for children, contingent minor’s sub-trust, contingent supplemental needs sub-trust, pour-over will, written funding instructions, Statutory Durable Power of Attorney, Statutory Durable Healthcare Power of Attorney, and one 30-minute estate planning review call with an attorney. The Client and attorney may choose to omit or modify items during the design process.
This engagement is strictly for the legal services identified and does not include income tax planning, estate tax or generation skipping tax planning, investment, insurance, or other financial planning services, which may be obtained through our affiliated professionals or any other sources by separate engagement. You represent that you understand only BLP is providing legal advice under this agreement and any other party connected with the planning is not providing legal advice. You also understand that BLP is not providing any investment or tax advice.
You understand that you are responsible for funding trust plans as outlined in the funding instructions provided by the attorney.
You represent that you do not know of any related legal matters that would require our legal services under this agreement. If such matters arise later, you agree that this agreement does not apply to any related legal matter. Therefore, a separate engagement agreement for provision of services and payment for those services will be required if you wish to engage our BLP to perform legal services pertaining to such matters.
Legal Fee: The flat Legal Fee for the Plan totals $3,500.00. The Legal Fee is due immediately at the outset of representation.
You understand and agree that BLP may retain other service providers, including but not limited to certified public accounting firms and other financial advisors, as deemed proper by BLP. Unless we obtain advance permission from you to hire such vendors (i.e., in the event of complex planning), BLP will pay said vendors from the designated Legal Fee. These vendors are not providing nor are they being compensated in any manner for providing legal advice.
Deed preparation and any recording or filing fees charged by State and County agencies to record deeds or other documents, filing or preparation of income tax or other returns, and asset protection against existing creditors are not included in the Legal Fee and will be billed separately. Any correspondence with the attorney outside the designated 30-minute estate planning review call will be billed at the attorney’s standard rate of $400 per hour.
Confidentiality: Any entity BLP works with to implement the Plan will be bound by the same confidentiality regarding your personal information and situation as BLP.
We may ask you to omit additional family members from any conversations with us, as including them in such conversations can taint the confidentiality of our communications. If you wish to have additional family members or individuals present, please note that their presence has an effect on the confidential nature of our communications should we ever be questioned under oath. Likewise, if this engagement involves representation of multiple clients (such as spouses or partners) in a single matter, there are both advantages and risks to the joint representation. In order for us to be equally loyal to all parties, you agree that all communications to us by any one party may be disclosed to all others.
By signing this agreement, you give us permission to disclose your personal information to your chosen advisers and our professional affiliates to the extent we feel it is necessary to work with additional service providers, advisers, or vendors regarding your situation.
Choice of Law: BLP uses Tennessee law for all estate planning documents, including Statutory Durable Power of Attorney and Statutory Durable Healthcare Power of Attorney. You agree that all work under this agreement will be completed using Tennessee law.
File Retention and Destruction: At the conclusion of your matter, this matter will be closed. After you receive your final documents from BLP, you are responsible for printing, signing, and ensuring the documents are securely stored. In addition, please email copies of the signed documents to [email protected] so that BLP can digitally store a copy of your fully executed estate planning documents.
BLP will retain a digital file of your matter for a period of five years. At the expiration of the five-year period, we reserve the right to destroy all Client file materials unless you notify us in writing that you wish to take possession of them.
Should you have any questions about this document, please contact Brookhaven Legal Professionals, PLLC at:[email protected]
Reviewed and Agreed to by:
Client Name Signature: December 6, 2023 Date: December 6, 2023
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Document Name: Core Estate Planning Engagement Agreement 2
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