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

[Cyrus Field]

I would consider the editable versions my own intellectual property. I give
client hard copies, or a pdf, of draft or finalized documents. If they want
to retype and use at their own risk, that's their call but I won't help
facilitate that. 

 

In years past, I represented a number of writers in copyright matters. Some
of them were great to work with and made my product that much better. But
others would insist on trying to edit a statute or case I was citing,
insisting it was incorrect English or could be worded better. Presented
interesting client control issues. Good luck! Cy

 

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)

phone: 360-472-1223 Mail: POB 367, Shaw Island, WA 98286 Office: 640 Mullis
St. Friday Harbor, WA

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Philip N. Jones
Sent: Tuesday, September 17, 2019 2:05 PM
To: jeff at bellanddavispllc.com; WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Providing Client with word version of draft demand
letters/estate planning documents

 

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:  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
The information contained in this e-mail message may be privileged,
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