Here is an excellent article for estate planning attorneys new to the practice. It was put together in August, 2009 by Lawyers Mutual, a North Carolina Insurance Company. It highlights common areas of estate planning malpractice:
- Failure To Gather Complete Information
- Failure To Draft What Client Wants
- Careless Drafting
- Changes in Law
- Failure To Revise Forms When Laws Change
- Failure To Consider Tax Consequences
- Failure To realize or Meet Deadlines
- Knowing Your Limits
- Failure To Consider Duty of Others
Sample engagement and disengagement letters are attached as examples.
Good stuff!
Tom