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

Wed Sep 18 10:18:58 PDT 2019

Stacey,

Thank you for your personal experience.  I am shocked by the bar’s response.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Stacey Romberg
Sent: Wednesday, September 18, 2019 10:12 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Providing Client with word version of draft demand letters/estate planning documents

Please excuse me, because I have not read this entire thread so I may be saying something repetitive here.

Some years ago, I represented a client who turned out to be one of the most toxic individuals I have ever run across. As we concluded representation, he demanded Word versions of a variety of drafts. I wasn’t sure what to do about that, because they unquestionably were not final work product that I would have felt comfortable sending to another attorney, etc. So I called the WSBA Ethics Line. I was instructed that the work product belonged to the client since he (kind of / sort of) paid for it, and that if the client asked for Word documents – I needed to give it to him. So I provided the client with everything he requested, carefully caveating everything so that it was clear that these documents were drafts in every sense of the word. Since then, I have had this issue come up two or three times, in much less hostile settings. I’ve always complied with the client’s request.

[cid:image001.png at 01D56E0A.8857C740]
Stacey L. Romberg, Attorney at Law
10115 Greenwood Avenue N., PMB #275
Seattle, Washington 98133
Telephone: 206-784-5305
Facsimile: 206-789-8103
E-mail: info at staceyromberg.com<mailto:info at staceyromberg.com>
Web site: www.staceyromberg.com<http://www.staceyromberg.com/>

Practice concentrated on estate planning, probate and business law.
Office Hours: Monday - Friday, 9:00 - 5:00. In-person appointments scheduled: Tuesday, Thursday, Friday.
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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 nestor at pplsweb.com<mailto:nestor at pplsweb.com>
Sent: Wednesday, September 18, 2019 8:13 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>; 'Jeff Davis' <jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>>
Subject: Re: [WSBAPT] Providing Client with word version of draft demand letters/estate planning documents

I watermark my drafts with a big red “Draft” and password protect so the watermark cannot be removed.

Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary

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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 Brent Williams-Ruth
Sent: Tuesday, September 17, 2019 3:52 PM
To: Jeff Davis <jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>>; WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Providing Client with word version of draft demand letters/estate planning documents

When I started out on my own, I used to send drafts (even as PDF's) - but as a not-so-young, solo, I was quickly schooled in the ways of the dishonest.

As has been previously stated - even with a PDF - your work product may not be safe.  It is expressly written into my fee agreement that I will NOT send draft documents.  If someone wants me to ensure that I collected all of the appropriate information and spellings - I will send an email with just a list of names, addresses, a recitation of their words to me regarding their wishes but not in any usable format or with any of the other "magic" language that makes a Will, POA, Trust, etc. have its power.

If a draft is truly that important - there is a specific extra fee and the cost of printing and mailing.  I have stopped allowing someone the easy way to take my work product.  Now, if they want to try to OCR or just re-type then go ahead.

Brent Williams-Ruth
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Office/Scheduling Phone: (425) 830-5134

Direct Mobile: (206) 889-7919

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.Williams-RuthLaw.com/> / facebook<http://www.facebook.com/bwrconsults> /

As of July 1, 2019 - I began operating as the Law Offices of Brent Williams-Ruth a division of BWR Consulting, PLLC. Please note the new points of contact Brent at Williams-RuthLaw.com<mailto:Brent at Williams-RuthLaw.com> and www.Williams-RuthLaw.com<http://www.Williams-RuthLaw.com>

On Tue, Sep 17, 2019 at 2:01 PM Jeff Davis <jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>> wrote:
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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