by Boyd Johnson on April 7, 2010
I read an email from a probate attorney recently that said something like, “The decedent met his demise on March 1, 2010.” My mouth dropped open.
Met his demise?
Never use that phrase– it’s like probate attorney profanity in the ears of sensitive clients. It’s one of those phrases that has such an insensitive edge to it that it just never should be used– even when talking with other attorneys. It could be absolutely disastrous with client relations if you used it in the presence of someone who knew the decedent.
What phrase should you use when talking about someone who has died, particularly in the presence of family members? I’ve found that the phrase that works best and seems to have the softest edge to it is “passed away.” Just saying “died” is ok too.
So eliminate “met his/her demise” from your vocabulary and use something else.
What phrase do you use? Let us know in the comments.
Categorized in Probate Practice and tagged as language, probate
by Boyd Johnson on March 12, 2010
This post is Part 5 of the series, How to Grow a Probate Practice.
In this, our final post in the “How to Grow a Probate Practice” series, I want to make a simple point. Don’t be a lone-ranger probate attorney. Though the probate process is fairly routine once you learn it, every estate has its own set of unique problems. This makes practicing probate interesting and even fun if you like challenges. But it also means that there will constantly be issues you address that will be new to you. The statutes are helpful. So always start there when you can’t find the answer (remember to be systematically reading through the probate code each year).
However, there are a lot of practical issues you’ll face that aren’t covered by the statues, such as:
- Should you allow the personal representative to keep the estate’s checkbook, or should you require the personal representative to come to your office to write checks?
- Should you require a retainer?
- How do you obtain the estate’s tax identification number?
- What if you have an estate’s house that can’t sell?
For issues like these, you need to have a network of probate attorneys to talk with. You should already be forming this network as you market your business (see post #2aof this series). I’ve even heard of one group of newer estate attorneys who get together every week or two for coffee with the purpose of discussing estate-related issues and sharing insights. Form your own group and get started. Everyone will benefit.
Lastly, join the estate and solosmall listserves sponsored by the MSBA. Read everything that comes across the estate listserv and pay attention to the solosmall listserv. I think they are the best benefit to belonging to the MSBA. Ask your tech person how to save and search all the emails that come through the listserves (perhaps through Google Desktop). This way, you’ll be able to access previous discussions on the listserves as they become relevant to you.
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So that ends our series. I’ve shared my insights on how I grew my own probate practice. Follow these tips and you’ll grow your practice too. You can do it just like I did. The key, like so many things, is to be consistent and persistent in what you do. A burst of networking lunches, for example, won’t cut it. Make a plan to accomplish one task each week related to growing your practice and stick to it. If you can do 2 or 3 tasks each week, great. But start with 1.
As you get started in putting these tips into practice, let me know how it goes either in the comments or by email. Perhaps I’ll feature your thoughts in future blog posts.
Be watching next week soon for when I post an e-book version of this series so that you can easily download, print, and share.
Categorized in How to Grow a Probate Practice, Probate Practice and tagged as probate