In our last article we looked at some potentially common issues you as an estate planner could face from a client. This article will hopefully provide some helpful tips on what you can do to address such situations
- Understand why the client is showing these concerns or emotions. It may be driven by anxiousness of having family disputes after they die or they may not have spoken to their children for some time so being asked about their family is something that could cause them to become defensive. It is important to be patient so the client can feel comfortable with you and build trust.
- Be clear with the client and speak in plain English. Some clients may become frustrated with legal jargon as they simply cannot understand what something means. Speak to them in a way that is simple so they understand and are not overwhelmed with the terminology. If you feel that during the meeting they are overcome with the amount of information being provided, take a break to discuss something other than their estate planning documents and where required, consider only taking half of the instructions with the rest on another day. Each client is different.
- Ensure you are clear with the client as to where you are in the process, what the costs are and if the costs could increase, inform the client and be transparent with them so there are no surprises when the invoice is issued to them.
- Be honest with the client and provide clear advice. If what they are wanting is not possible advise them as to why this is. If they are wanting to give their estate to one child as they trust they will look after the other, advise them as to the risks this could cause and why you would highly advise against this. If the client wants you to amend a clause that could lead to a failure of a gift or ambiguity, advise them this cannot be done and why. If the client insists on the amendment and you do not believe this should be done, be firm but professional in your response.
- Ensure detailed notes are taken throughout. Confirm important decisions such as a change in initial instructions or fees in writing to ensure there is a paper trail in case of a dispute later on.
- Where someone who is not the client is applying pressure on you to get documents drafted quickly, changing instructions or responding on behalf of the client, consider whether there are concerns of undue influence/coercion as this will affect how you proceed.
- Where a client is abusive or consistently difficult, consider whether it would be appropriate to cease acting.
- Consider whether your internal procedures require review to reduce the risk of a client raising a concern in the future regarding your processes.
Dealing with a difficult client during the estate planning process can be challenging. However, it is important to ensure you are patient and professional. Show that you are listening to them, be empathetic and try to understand the reason for their frustration to build trust. Ensure your notes are detailed and well documented from beginning to end and review your internal procedures every few years.
