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Common Grievances Against Probate and Estate Planning Lawyers

Posted on Mon Oct 5, 2009, on Estate Planning

Last Updated November 30, 2017: Common Grievances Against Probate and Estate Planning Lawyers.


A recent Florida Bar Journal reported on the most common complaints against Estate Planning and Probate attorneys. This article describes how our firm guards against client complaints by addressing these issues before they arise.

Common Grievances Against Probate and Estate Planning Lawyers:

Poor Communication:

The article reports that poor communication is the most common complaint against Estate Planning Attorneys or Probate lawyers.

Amazingly, some attorneys and lawyers simply fail to return phone calls. Our firm has a standing policy to return all client phone calls within 24 hours. This policy keeps communication going with clients and, in most cases, keeps misunderstandings from arising.

Most Probate and Estate Planning related cases affect clients unfamiliar with this area of the law. By answering questions and keeping clients informed we have built up an excellent practice. Satisfied estate planning clients, in turn, refer us to friends and family for other Estate Planning and Probate cases.

Lack of Experience and Competence:

Another common complaint is that a lawyer unfamiliar with Probate or Estate Planning takes on a Probate or Estate Planning matter. The inexperienced lawyer then flounders in this highly technical area.  Hence, many billable hours, but few results.

At the Law Offices of Peter Klenk, we only work with Estate Planning, Probate and Estate related Litigation cases. Since 1995 we have done nothing else, it is all we do. If a client has some other matter, such as a divorce or personal injury case, we don’t take the case and muddle through. Instead, we refer the case out. We stick with what we know.

Excessive Fees:

Unfortunately some attorneys… especially those who don’t understand the Estate Planning and Probate area… charge a client based on a percentage fee rather than billable hours and then do very little work.

At our firm, we bill hourly. If the job is simple or difficult, you pay us for what work we do. We also keep excellent records to back up our fees, where many attorneys only provide clients vague lists without detail.

Conflicts of Interests:

Some attorneys… usually those unfamiliar with Estate Planning and Probate… will take on clients with conflicting interests without fully understanding the conflict or informing the client of the conflict. You can imagine that working for both a parent and children when negotiating an inta-family sale or representing all siblings when trying to settle a contentious estate can present problems when the attorney is supposed to defend each client’s interests.

An attorney can represent conflicting sides as long as each affected clients give an informed consent. In some circumstances, such representation is the best choice for everyone involved.  But unless you are familiar with Estate Planning it is difficult to judge when this is the case.

Another practice that often leads to conflict is the attorney who is named by the client as power of attorney. I find that it is rare that a client has no one other than the lawyer to name as having this power and if there is no one else, I would only take on the job after documenting the reason and getting written consent from the client explaining all options available.

Being a good Estate Planning and Probate attorney requires years of experience and specialized training, but having a good legal practice focusing on Estate Planning and Probate while keeping clients satisfied is another matter entirely. At the Law Offices of Peter Klenk, we strive to be excellent Estate Planning and Probate Lawyers as well as provide excellent client service.

Common Grievances Against Probate and Estate Planning Lawyers

In conclusion, in this Post, I tried to address the Common Grievances Against Probate and Estate Planning Lawyers.  So, let me know how I did.  Comments and questions are welcome!

If you have an Estate Planning or Probate related question, please contact us for a free consultation. We would love to be your lawyer!




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What Our clients are saying

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Brian M.

Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.

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Peter J. Gutekunst, CFP®

I've worked with and known Peter Klenk and his associates for years. They are highly professional, diligent and truly experts in their field. By focusing on just wills, trusts, and estates, Klenk law has experienced every angle of estate planning and applied that knowledge to help prepare our clients with thorough and comprehensive documents.

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Maxine G.

Peter Klenk made a complex subject understandable and allowed us to move forward with our estate planning. He was patient with our questions and creative in the solutions he proposed.

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Andrea Wilson

Peter is excellent. I had a very complicated situation with my parents' estate planning and potential Medicaid needs. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. Additionally, he was congenial and able to communicate effectively to my senior citizen parents the benefits of estate planning. He earned my trust, and more importantly, my parents' trust in a 45 mins consultation period. Highly recommend Peter. He is very easy to work with.

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Anne W.

I saw four lawyers and was told by all of them; I should just forget contesting my mother's will. I knew what happened, but it is very hard to prove undue influence. I contacted the Law Offices of Peter L. Klenk & Associates. Attorney Amanda DiChello took my case. They were very honest and upfront about what would be involved trying to prove what I knew was true. Attorney DiChello may be young but she is extremely knowledgeable and skilled. She listened and understood what I conveyed to her. She knew exactly what information to use and crafted an outstanding interrogatory and many powerful depositions. Attorney DiChello understood the various emotional feelings this case created for my family and me; she was always there for us with a kind and encouraging word. We went to trial. The amount of work which she and her Paralegal did for the trial was incredible. They both knew my case inside and out! Attorney DiChello's powerful interrogative and thinking skills produced a positive outcome. Attorney DiChello did what other seasoned lawyers said was impossible!

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