Attorneys at Law
123 Perpetuity
Pourover, Texas 76531
Dealey Divisor, Partner
direct dial: 214-214-1244
June 11, 2025
[Delivery]
Mr. Mrs. Ms. [Full Name]
[Address1]
[Address2]
Austin, Texas 787_____
Re: Estate Planning
Dear [Short Name]:
Thank you for selecting Heir, Devisor & Remainderman, LLP (“Heir, Devisorl” or the “firm”) to represent you. We appreciate the confidence you have shown in our firm, and we look forward to the opportunity to represent you.
The purpose of this engagement letter and the attached Standard Terms of Engagement is to make certain that we have a mutual understanding of expectations about the services we will provide, legal fees and expenses that we will charge, and other important aspects of our representation. Please let me know as soon as possible if you have questions about this letter, the Standard Terms of Engagement, or if you are concerned about any aspect of the representation.
Description and Scope of the Representation: Identification of Client
The firm is being retained to represent ________________________________ ______________________________ in connection with ____________________________ _________________________________________, and _____________________________ _____________________________________ (is/are) our only clients in this matter. We want to clarify that the firm does not represent any other person or entity other than as set forth above.
Our representation is limited to this matter, and the firm has not been retained to represent you generally or in connection with any other matter unless we modify this engagement letter by a subsequent letter agreement. The firm understands that we are to perform all reasonable services and take all actions that may be appropriate and necessary in our professional judgment to further your interests in this matter.
It is understood that the firm is being retained to provide legal services and that we are not responsible for providing business or financial advice to you.
Consent to Joint Representation of Husband and Wife for Estate Planning Matters
An attorney has the duty to exercise independent professional judgment on behalf of each client. If an attorney is requested to represent multiple clients in the same matter, the attorney can do so only if the attorney can impartially fulfill this duty for each client and if the attorney obtains the consent of each client after explaining the possible risks, benefits, and implications involved in the joint representation.
You have asked the firm to represent the two of you in connection with estate planning matters (“estate planning”). Based upon our initial discussions with the two of you, we have concluded that the firm can impartially represent the two of you in connection with your estate planning. However, please be aware that each of you may obtain separate, independent counsel on this matter – now or at any time in the future. In determining whether you should consent to this joint representation, you should carefully consider the following:
1) Role as Joint Legal Counsel
In our joint representation of the two of you in connection with your estate planning, we will strive to represent each of you in a professional manner, with our ultimate goal to reach an arrangement regarding your estate planning that is mutually advantageous to each of you and is compatible with the interests of each of you. Because we will be representing both of you, in carrying-out this representation, we must consider the interests of each of you – not the interests of any one person.
As you are probably aware, one advantage to separate legal representation for each of you is that your respective legal counsel would be acting solely on your behalf – looking out for your best interests exclusively without regard to the interests of the other person. On the other hand, utilizing separate representation for each of you is generally more costly, more contentious, and more time consuming than utilizing joint representation.
2) Disclosure of Information/Open Relationship
We believe that the firm cannot effectively represent each of you in your estate planning if material information disclosed to us by either of you relating to your estate planning must be preserved in confidence without disclosure to the other person. Accordingly, if we are to represent the two of you, it will only be with the express understanding that any material information disclosed to the firm by either of you and that relates to your estate planning shall be disclosed to the other person if knowledge of that information would be necessary or useful for him or her to make informed decisions regarding your estate planning.
3) Attorney-Client Privilege
We believe that any information disclosed to the firm by either of you during this joint representation and relating to your estate planning will not be protected by the attorney-client privilege in the event of a subsequent legal dispute between the two of you relating to your estate planning. Additionally, the firm would not be able to represent either of you in connection with any that legal dispute, and each of you would be required to obtain separate legal counsel.
4) Prior Legal Representation of Husband or Wife
If the firm is currently performing (or in the past has performed) certain legal services for one of you, we will not accept this engagement unless we believe that our relationship with that person will not adversely affect our ability to fairly and impartially represent each of you in your estate planning.
However, should we determine, at any time, that a material bias in favor of that person exists such that the firm cannot fulfill our duties to both of you, then the firm will have to withdraw from this joint representation.
5) Future Conflicts
At this time, there does not appear to be any difference of opinion between you regarding the fundamental terms of your estate planning. However, it may turn out that upon further consultation each of you may have differing opinions regarding the terms of your estate planning, such as the persons who will be the beneficiaries of your estate or the property those persons will receive. Should we determine that there are material differences on one or more issues that cannot be resolved amicably or on terms compatible with the mutual best interests of the two of you, then we must at that time withdraw from the joint representation and the firm would not be able to represent either of you in connection with your estate planning. If this occurs, we will, if you wish, assist each of you in obtaining new counsel.
Attorneys Handling Your Representation
I will be the primary attorney handling this matter. We also anticipate that there may be other attorneys who will assist in the representation from time to time. The firm also uses paralegals in providing professional services when we believe that their use will reduce legal costs and improve efficiency.
Legal Fees
We take into account many factors in billing for services rendered, and I will review your statements before being sent out to determine that the amount charged is appropriate. The firm generally charges for our services based upon the time and effort devoted to the matter and the hourly rates of the lawyers and paralegals that work on the representation. I am certified as a specialist in the Estate Planning and Probate Law area by the Texas Board of Legal Specialization, am a Fellow in the American College of Trust and Estate Counsel, and have been practicing in this specialty since 1981. My current hourly rate is $_____.00 and my paralegal’s rate is $195.00 for work of this type. We review our billing rates annually at the beginning of each year.
Costs and Expenses
In addition to legal fees, the firm charges for out-of-pocket costs and may charge for some in-house expenses incurred in representing you. Please refer to the Standard Terms of Engagement for examples of these costs and expenses and how these will be handled and billed to you.
Payment of Fees and Expenses
The firm’s statements for fees and expenses are due upon receipt, and we expect that our monthly statements will be paid no later than 30 days after receipt. By entering into this representation agreement, you agree to timely payment of the firm’s invoices for fees and expenses related to the representation.
(Optional) Pre-Paid Fee Deposit Agreement
You have agreed to deposit a pre-paid fee deposit with the firm in the total amount of $______________________. This retained fee will be credited toward your legal fees and expenses billed towards the end of the representation, unless we agree to a different arrangement. As set forth in the attached Standard Terms of Engagement, we will bill you on a monthly basis throughout this matter. If the retained fee proves insufficient to cover current fees and other charges on a regular basis, we may ask you to increase it.
Conclusion
Once again, the firm is pleased to have this opportunity to represent you in this matter. If you have any questions or concerns about any of the above or the Standard Terms of Engagement, please contact me as soon as possible. If this letter and the Standard Terms of Engagement accurately reflect our agreement, please sign the enclosed copy of this letter and return it to me.
Yours very truly,
Heir, Devisor & Remainderman, LLP
By:
Dealey Divisor
Enclosures
cc: [CC List]
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