During the Poock’s Post segment of Ep. 32 of the Ask the Law Firm Seller Show, Jeremy E. Poock, Esq. shares the following warning:
Warning to T&E Attorneys: Clients Do Not Necessarily Hire the Same Firm that Prepared an Estate Plan for Probate & Trust Administration
“What we continue to see with Trusts & Estates attorneys is that when the clients for whom Trusts & Estates attorneys prepared wills and trusts - when they pass away, their children [and] their named fiduciaries, they will go to Google [and] ask for ‘Best Trusts & Estates attorney near me.’”
In terms of why children and fiduciaries ask Google, or their preferred AI thought partner, to suggest the best Trust & Estate attorney to hire, Poock shares the following:
Beneficiaries and fiduciaries want to hire a Trusts & Estates law firm that features multiple 5-Star Google Reviews and that publishes compelling content on their websites, as well as social media, as compared to returning to the law firm that prepared the original estate plan per the following mindset:
“Just because Mom or Dad trusted them, doesn’t mean that we need to.”
What can Senior Attorney T&E attorneys do now to preserve a significant, valuable aspect of their T&E practices, namely, the future probate and trust administrations on behalf of their Trusts & Estates clients?
Poock offers the following suggestions:
1. Consider Your Wills Cabinet as Estate Plans under Management: Please consider the estate plans that you have prepared as “Estate Plans under Management.”
Similar to financial planners who maintain Assets under Management, maintaining Estate Plans under Management involves: (a) Regularly updating client contact information; and (b) Periodically contacting T&E clients to offer to update their plans.
2. Establish Relationships with Named Beneficiaries & Fiduciaries: As a proverbial antidote to named fiduciaries and beneficiaries searching online for T&E attorney when a need to probate a will or trust arises, Poock suggests that T&E lawyers proactively establish relationships with both beneficiaries and named fiduciaries.
As Poock states, “Let them know who you are . . . You care about the people for whom you wrote the estate plans, and you can let [beneficiaries and fiduciaries] know: ‘We're here for you.’”
3. Update Your Website & LinkedIn Profile: Considering the likelihood that named fiduciaries and beneficiaries will search online for a T&E attorney to administer their loved one’s estate plan, Poock suggests the following:
That Senior Attorney T&E lawyers update their websites and LinkedIn profiles to establish a digital assurance that the firm that prepared the estate plan for their loved one has the experience and capability to administer the plan, as well.
Regarding the significance of this warning in the context of selling a T&E law firm, Poock explains the following:
In Law Firm Sales 1.0, purchasing firms pay a selling law firm upon an earnout basis, namely, fee sharing upon revenues derived from a selling law firm’s defined Book of Business.
Importantly, if estate planning clients do not return to a purchasing law firm when the need arises to administer a will or trust prepared by a selling law firm, the following negative consequences will occur:
1. The potential value of a selling law firm’s Estate Plans under Management will become unrealized; and
2. The expected earnout will not match a selling law firm’s expectations, despite having prepared hundreds, and sometimes thousands, of estate plans.
As Poock advises, “If you want to get as high of an Earnout as possible when you sell your firm, [i]t is just so important to keep in touch with your clients.”
And, as Poock suggests, “[R]each out to your clients; get that updated contact information; learn more about who the beneficiaries are, who the fiduciary is; keep in touch with them and let them know your firm is here for them and their families for years and decades to come.”