As a solo attorney practicing primarily in the area of estate planning, there was a time when I could freely go about my day-to-day: meeting with individuals, couples and families, to address their needs for Wills, Powers of Attorney and Health Care Directives. I could turn on a dime, able to meet with the client at times and locations that were convenient for them in accordance with their busy lifestyles. Many clients would meet at my office. For others it was more convenient to meet at the client's home after their work hours, or at a local restaurant. I've even been asked to meet at a client's workplace break room during their lunch. Any port in the storm, I say, to help the client obtain the guidance they need while leaving a light footprint on their sometimes chaotic schedule.
That was five months ago.
Enter Coronavirus. By March, my practice ground to a standstill. No one wanted to venture out to do anything that wasn't deemed necessary, and the State of Minnesota wisely dialed back activities in response to the new pandemic. I decided to go on hiatus until we could get a handle on things and I could determine ways to minimize the risks of serving clients.
What to do? With the constant roller coaster of infection rates, the loads of misinformation, the patchwork of states all trying different approaches to address the pandemic, not to mention the near-absence of help at the Federal level, it is easy to see that dealing with the multiple threat vectors of COVID-19 is rife with variables. We knew from the start that this pandemic was different, and that it wouldn't be going away any time soon. COVID-19 is here to stay for a while and the new normal is to find ways to work around the risks. Like my Dad would say: "Improvise, adapt and overcome."
That was five months ago.
Enter Coronavirus. By March, my practice ground to a standstill. No one wanted to venture out to do anything that wasn't deemed necessary, and the State of Minnesota wisely dialed back activities in response to the new pandemic. I decided to go on hiatus until we could get a handle on things and I could determine ways to minimize the risks of serving clients.
What to do? With the constant roller coaster of infection rates, the loads of misinformation, the patchwork of states all trying different approaches to address the pandemic, not to mention the near-absence of help at the Federal level, it is easy to see that dealing with the multiple threat vectors of COVID-19 is rife with variables. We knew from the start that this pandemic was different, and that it wouldn't be going away any time soon. COVID-19 is here to stay for a while and the new normal is to find ways to work around the risks. Like my Dad would say: "Improvise, adapt and overcome."
Today, that day-to-day has been turned on its head. I'm now getting inquiries from potential clients to draft Wills and other instruments. People are starting to want to get things done, tasks that they had put off for several months. Yet the pandemic rages on, no end in sight. I find myself striving to adapt my means of interacting with clients in a way that responds to the safety concerns brought on by this pandemic. All the while maintaining the same high level of service and professionalism. New times, new protocols. Most of what I previously did in-person I can now do remotely. I can meet with clients via phone or video conference for the initial screening conference. Other tasks are always easy to do remotely: emailing questionnaires, forms and engagement agreements, taking payments by mail and so forth. All of my document drafting is done alone in my home office. Fairly straightforward and no contact.
But in the end the client's Will needs to be executed, which requires the client and two other people (witnesses) to be in the same room with me, at the same time. Contact.
With a little creativity, and arranging chairs and tables, I was able to set up a means for social distancing in my office, allowing everybody to sit at least six feet apart from one another. Limiting the number of people in the office is key. If someone is not an essential part of the process, they're not in the room. My practice is just me--no associates, no staff. I also require that everybody wears a mask while indoors, myself included. The length of time spent in proximity to others indoors is a major factor in COVID-19 transmission, and I try to keep in-person meetings focused, concise and to the point. Let's get this done and get out.
Two things make the signing process go more quickly: Doing a Q&A session with the client via phone or video prior to the meeting, and having everything ready to go in the office prior to the meeting. Not much time anymore for the casual chat to cap off the representation, but most people understand that it's best to get things done and be on their way. Along with their newly-signed documents, I include an instruction sheet with helpful tips for what to do with the Will and how it will come in to play later.
So far, clients have been receptive to these protocols, and I have received no pushback, though it's early in the game. I want everyone--and the people in their lives--to be safe. However, the time may come when someone may not be comfortable meeting with three or four other people in a room. Some clients may be physically unable to travel to a meeting venue, and may be in a location where visitors are restricted (i.e., care facilities). How to accommodate that?
I have carefully considered a DIY option for executing estate-planning instruments. Normally, I would be very reluctant to send unexecuted documents to a client to sign on their own, and doing so is nothing to be taken lightly. Wills require signature by the testator (client), performed in the presence of two adult witnesses, who also sign. If the Will has a self-proved affidavit, a Notary Public is also required to authenticate. It's important for the attorney to be at hand, to ensure everything is being done correctly. In the DIY situation the client bears the burden of scheduling those people and there are a lot of moving parts in that process. Potentially a situation that could open the door to a malpractice claim if things go sideways later.
After lots of thought on the issue, I determined that if the only feasible way for the document to be executed is remotely, and there are no other practical options, I would employ a two-pronged approach. One, I would mail hard copies of the final documents directly to the client, and include a sheet with detailed, step-by-step instructions for how to execute them. And two, since even the best instructions can be misinterpreted, I insist on walking the client through the process in real time, via phone or video conference.
I haven't had to implement the DIY Will execution option yet, but the time will come, eventually.
As I'm just getting my practice ramped up again, these protocols will be a work in progress. No doubt I will be tweaking them as the landscape changes. Being a solo practitioner allows for some flexibility and the agility to quickly adapt to a dynamic professional environment. These unprecedented times throw a completely new wrench into the works. It pays to always be thinking ahead and planning for change.
But in the end the client's Will needs to be executed, which requires the client and two other people (witnesses) to be in the same room with me, at the same time. Contact.
With a little creativity, and arranging chairs and tables, I was able to set up a means for social distancing in my office, allowing everybody to sit at least six feet apart from one another. Limiting the number of people in the office is key. If someone is not an essential part of the process, they're not in the room. My practice is just me--no associates, no staff. I also require that everybody wears a mask while indoors, myself included. The length of time spent in proximity to others indoors is a major factor in COVID-19 transmission, and I try to keep in-person meetings focused, concise and to the point. Let's get this done and get out.
Two things make the signing process go more quickly: Doing a Q&A session with the client via phone or video prior to the meeting, and having everything ready to go in the office prior to the meeting. Not much time anymore for the casual chat to cap off the representation, but most people understand that it's best to get things done and be on their way. Along with their newly-signed documents, I include an instruction sheet with helpful tips for what to do with the Will and how it will come in to play later.
So far, clients have been receptive to these protocols, and I have received no pushback, though it's early in the game. I want everyone--and the people in their lives--to be safe. However, the time may come when someone may not be comfortable meeting with three or four other people in a room. Some clients may be physically unable to travel to a meeting venue, and may be in a location where visitors are restricted (i.e., care facilities). How to accommodate that?
I have carefully considered a DIY option for executing estate-planning instruments. Normally, I would be very reluctant to send unexecuted documents to a client to sign on their own, and doing so is nothing to be taken lightly. Wills require signature by the testator (client), performed in the presence of two adult witnesses, who also sign. If the Will has a self-proved affidavit, a Notary Public is also required to authenticate. It's important for the attorney to be at hand, to ensure everything is being done correctly. In the DIY situation the client bears the burden of scheduling those people and there are a lot of moving parts in that process. Potentially a situation that could open the door to a malpractice claim if things go sideways later.
After lots of thought on the issue, I determined that if the only feasible way for the document to be executed is remotely, and there are no other practical options, I would employ a two-pronged approach. One, I would mail hard copies of the final documents directly to the client, and include a sheet with detailed, step-by-step instructions for how to execute them. And two, since even the best instructions can be misinterpreted, I insist on walking the client through the process in real time, via phone or video conference.
I haven't had to implement the DIY Will execution option yet, but the time will come, eventually.
As I'm just getting my practice ramped up again, these protocols will be a work in progress. No doubt I will be tweaking them as the landscape changes. Being a solo practitioner allows for some flexibility and the agility to quickly adapt to a dynamic professional environment. These unprecedented times throw a completely new wrench into the works. It pays to always be thinking ahead and planning for change.