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

Tue Sep 17 15:39:50 PDT 2019

I would welcome suggestions as I like a collaborative working relationship
with my clients. In fact heavy situations, that can be very helpful as they
know the facts best. They can either mark up a copy I send to them for
review (mailed or PDF) and/or type their suggestions in an email. But I
make it very clear that they are suggestions and subject to my approval. I
would say usually they don't have anything to add and in the off cases that
they do have markups,  in 99% of those cases I can explain why their
suggestion is not valid and/or should not be incorporated and they agree
after I explain it to them. I don't share EP documents in word.

I would not allow them to alter the word document or a letter that's to be
mailed on my letterhead and signed by me, thankfully I have not had a
client request this before. The only word documents I do share frequently
with clients are contracts I draft for my business clients. They often need
to edit the exhibits/work orders/rates etc and it makes their life easier.
However, I do make it very clear that they should not make any changes to
the actual contract and its content without discussing it with me first.

If your client is insisting on having the word document and wanting to make
changes without your approval, it may be best to just provide the content
in a word document (without your letterhead/signature) with a CYA letter as
suggested here detailing the issues and withdraw.

Good luck,

Setareh

On Tue, Sep 17, 2019 at 2:17 PM Stephen A. Brandli <steve at brandlilaw.com>
wrote:

> 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 <
> 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
> www.bellanddavispllc.com
>
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-- 

*Best regards, *

*Setareh Mahmoodi *

*Attorney at Law *

*18222 104th Ave NE, Suite 103*

*Bothell, WA 98011*

*Phone: 425-806-1500*

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