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

[Stephen A. Brandli]

Under RPC 1.2(a), I believe that the wording of a letter falls under the
"means by which [the objectives of the representation] are to be pursued,"
on which the attorney "shall consult with the client." 

 

I have occasionally had a client who cares about the wording of the letter.
I have had to swallow my pride and consider whether the wording my client
insisted on diminished the purpose of the letter in some way.  I consider
myself a good letter-writer (perhaps without good cause?), and having a
client work on my wording is a bit degrading.

 

But I have never given up the word version.  I was asked once, and I simply
told the client that I do not work that way.  If a client insisted, I would
withdraw.  That's my personal line, not one that is based on anything more
than my own sense of self-worth.

 

Someone who is more "adult" than I am may give the client the word version.
But I would suggest that the attorney scrutinize every change as the
attorney would if the client made the suggestions for changes to the letter
in an email or something.

 

                Steve

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Diane J. Kiepe
Sent: Tuesday, September 17, 2019 1:59 PM
To: 'jeff at bellanddavispllc.com' <jeff at bellanddavispllc.com>; 'WSBA Probate &
Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Providing Client with word version of draft demand
letters/estate planning documents

 

I would argue this is not covered by 1.4 at all. It is  not at all
reasonable to allow a client to demand you present a word document in my
opinion.  I would be concerned about liability for doing so, if they revised
it and used it and later had a problem.  I would be curious what the bar
hotline would say.

 

Maybe something to add to the ever-ending disclosures in the engagement?

 

Best to you - 

 

Diane J. Kiepe

From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<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
<mailto: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:  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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