[WSBAPT] Providing Client with word version of draft demand letters/estate planning documents

[Philip N. Jones]

I share your concern.  My firm once got into an issue with a client who had altered his own trust after our firm had prepared it.  The RPC does not directly address this question, but I would think that your duty to communicate with your client does not require that you facilitate your client altering a professionally-prepared document.  I would decline the request.  Especially if you are asked to sign the resulting document.  On the other hand, your client can make suggestions for you to consider including in the document.
At the very least, if you send out a Word document, you should disclaim any responsibility for any consequences of any kind if it is later altered.
Sounds like your relationship with the client might be coming to an end.  Perhaps for the better.  Client selection (or de-selection) is a valuable tool.  We should all use it more often.  Life is too short.  And litigation risk too large.
Phil Jones
Portland, OR

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jeff Davis
Sent: Tuesday, September 17, 2019 1:49 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Providing Client with word version of draft demand letters/estate planning documents

Listmates:

Recently I have had different clients request I provide them with a word version of my proposed demand letter, involving an easement issue, and trust agreement, respectively.  They wanted to redraft the letter and the other wanted to add things to the trust.  I declined to provide the word version.  One person got really nasty saying by not doing so violated RPC 1.4.  In all my years I have never allowed a client to draft letters or pleadings that I sign.  Have any of you faced this issue and how have you dealt with it?

Jeff Davis

W. Jeff Davis, Esq.
BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129
Fax No.: (360) 683.1258
email: info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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