[WSBAPT] Providing Client with word version oftdrafttdemandtletters/estate planning documents

[Craig Gourley]

I never give a word version to a client. In my opinion that is malpractice looking for a place to happen.  It still will not stop clients from stealing your work and making it a mess. I had a commercial real estate agent client take my PDF LLC agreement for a complex multi party real estate project with significant tax implications, convert it to Word and hand it out to other deals he was putting together. On top of that he was telling them I drafted it so not to worry. I found out years later when one of the deals blew up. I escaped liability because I has never heard of the people and they admited they had never sopken to me and where they got the agreement.

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Stephen A. Brandli <steve at brandlilaw.com>
Sent: Tuesday, September 17, 2019 11:08:49 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>; jeff at bellanddavispllc.com <jeff at bellanddavispllc.com>
Subject: Re: [WSBAPT] Providing Client with word version of draft demand letters/estate planning documents

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: info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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