Probate & Trust Law Section Conference Manual ... - Minnesota CLE

Being the beneficiary of a trust
Future property ownership goals
Long-term business transition planning
If you do not know what your clients need or want … ASK. Ask open ended questions and ask
often. Ask during the initial consultation, ask through the engagement and follow-up after the conclusion
of the engagement by asking about the process and experience.
III.
Managing Expectations & Creating the WOW Experience
Some experts say you have approximately 6 seconds to make a good first impression. Take some
time to figure out how you want to interact with your clients. What does your ideal client-focused law
firm look like:
Consider the experience you want each client to have with your firm
Consider what part of that experience you (and your employees, if applicable) would have in
making this experience a reality
Consider what needs to happen for this experience to occur for each client
a. Communication
Clients want to be heard. They want an opportunity to speak. And they want someone to listen,
to really listen. Clients want to tell you about their goals, their objectives, and their experiences which
have formed their opinions and often times the reason why they are meeting with you, the attorney. There
is often a specific catalyst causing them to contact you. It might be the recent loss of a loved one, the first
vacation without the kids, assisting a parent with their estate plan, etc. Whatever the motivation, the
client wants to share this information, and more, with you.
Clients do not want to hear all about your experiences, other clients, your family, etc. Be more
“interested” than “interesting.” Practice active listening. Ask open-ended questions. Then, sit back and
listen. This provides an opportunity to learn more about your clients. Ask follow-up questions only
where appropriate. Try not to interrupt too often. Let the client go with their train of thought and get
their story out. Upon completion, ask additional questions to obtain more information.
Be sure to understand your client’s concerns. What is the main reason for initiating an estate
plan? What are they worried about? What experience have they had or heard about that is influencing
their expectations, attitudes, goals and objectives?
b. Clearly Specify the Engagement
Once you have listened to the client, it is time for you to do some talking. Educate the client
about estate planning and their options. Explain why various documents are important and the choices
they have in creating those documents. Be sure to clarify the engagement.
It is the attorney’s job to clearly identify the scope of the engagement. Make sure the client
clearly understands what you will and will not do. Do not assume that you and the client are on the same
page about what the engagement entails. There are many nuances to an estate planning project that a
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