Client Representation Policies

Bluegrass Elderlaw is pleased to have the opportunity to work with you.  Unless we have mutually agreed otherwise in a separate writing, these policies will apply to representation in addition to the terms of your contract.  

By signing your representation contract, you have agreed that these policies will be in effect for the duration of your representation.

“You” refers to the person or persons identified on your representation contract as the client.  “We”, “us”, “attorney”, or “firm” refers to Bluegrass Elderlaw, PLLC, firm, staff, and attorneys.

A. Communication and Confidentiality

1. Attorney-Client Privilege

Communications between you and us are privileged and confidential.  We will take all reasonable steps necessary to protect that privilege and maintain confidentiality.  

Because we use a team approach to planning in order to best advise you and to accomplish your work related to updating your estate plan, we may need to discuss certain matters with professional advisors, institutions, and other people.  Also, to best serve your interests upon disability or death, you may want to authorize us to disclose information to your personal representatives, agents, and trustees.  By signing this engagement letter, you agree that we may disclose information to those people or entities.  In every instance, we will only divulge the absolute minimum amount of information required. 

If you have chosen to involve others, including family members, in this planning process, we have advised you of the potential conflict of interest involved in including these other persons in your planning.  You understand this potential conflict and specifically wish to proceed in the planning with their involvement. 

2. Joint Representation

While it is common for married couples, unmarried couples, partners, and relatives (“couples” herein) to retain the same attorney, you are not required to do so.  Couples have the option to (1) utilize the same attorney understanding that there is a potential conflict of interest, (2) utilize the services of different attorneys, or (3) one person may remain unrepresented by counsel.  The second and third options would not allow for the open sharing of information.  

Under the ethical rules that govern attorneys, our firm may represent both of you jointly so long as you are in agreement regarding the matter for which you have retained Bluegrass Elderlaw, PLLC.  It is important that you understand that, because our firm will be representing both of you, you are considered to be the client, collectively. 

Our goal in representing both of you will be to help you implement a mutually agreeable plan for both the present and future.  If a conflict of interest arises between you during the course of your planning or if the two of you have a difference of opinion concerning the proposed plan for disposition of your property or on any other subject, we can point out the pros and cons of your respective positions or differing opinions. However, ethical considerations prohibit our firm, as the lawyer for both of you, from advocating one of your positions over the other. 

Furthermore, we would not be able to advocate one of your positions versus the other if there is a dispute at any time as to your respective property rights or interests or as to other legal issues between you. If during the course of our joint representation of you a conflict should develop that in our opinion would keep us from adequately representing both of you or if either of you asks us to take sides against the other, we will have no choice but to withdraw from further joint representation of the two of you and advise each of you to obtain separate counsel.  

During the planning process, we will obtain confidential information from each of you, whether in conference with both of you together or with one of you alone. If we represent you jointly, please understand that we cannot withhold information from either of you even if one of you asks us to do so.  

By signing your contract, you are agreeing that you are comfortable with our firm representing both of you jointly and waive any alternative arrangement.  

3. Potential Conflicts

Our firm represents other businesses and individuals. This can create situations where work for one client on a matter may preclude us from assisting other clients on unrelated matters. It is at least possible that during the time that we are representing you some of our present or future clients may have disputes or transactions with you. In order to avoid the potential problems that this kind of restriction could have for our practice, we ask you to agree that we may continue to represent (or may undertake in the future to represent) existing or new clients in any matter that is not substantially related to matters in which we have represented you, even if the interests of such clients in those other matters might be adverse to yours. We do not intend, however, for you to waive your right to have our firm maintain confidences or secrets that you transmit to our firm, and we agree not to disclose them to any third party without your consent. We will, of course, take appropriate steps to ensure that such information is kept confidential by us. 

4. Client Communication

The Client should communicate with the law firm and attorney through official communication channels only.  Our attorneys do not provide personal cell phone numbers to Clients.  If a Client has the attorney’s personal cell phone number, we request that you communicate the attorney through the office phone and office email only, unless the attorney makes other arrangements.  Contacting attorneys’ personal cell phone on weekends or outside of normal business hours, may be subject to an hourly fee of twice the attorney rate.  

If an attorney is not available to speak to you when you call the office, you should speak to your attorney’s paralegal or leave a detailed message with the receptionist, including your name, number, and specifics about what you would like to speak with the attorney about.  Failure to leave a detailed message may result in a delay in responding your questions or concerns.

5. Signing Appointments

If you have engaged our firm to prepare legal documents, it is both our and your expectation that your documents will be drafted and executed (signed, witnessed, or notarized as required) within sixty (60) days of signing your contract.  We make every effort to schedule a signing appointment upon receipt of your signed contract. We reserve the right to withdraw as set forth above if drafted documents are not executed in a timely manner. We also reserve the right to require an additional paid meeting to update intake information if more than sixty (60) days lapse. 

B. Financial Responsibility

1. Fees

Documents that need to be prepared will be charged at the rates listed on your fee schedule.  A minimum of one half the cost of the documents to be prepared must be paid before the documents are drafted.  

If your fee is billed hourly, attorney and paralegal services are charged at the rates in effect at the time services are rendered.  Services are billed in increments of .25 hours with a .25 hour minimum.  Hourly rates are listed on your fee schedule.  These are reviewed annually.

Invoices provided to client are due and payable upon receipt.  We expect that you will review all bills promptly and report any questions to us within 15 days.  Bills outstanding for more than 30 days will accumulate a $25 per month carrying charge.

2. Expenses

Expenses we incur on the engagement are charged to the client's account. Expenses may include such items as court costs, charges for the use of our facsimile and photocopying machines, long distance telephone calls, travel expenses, overnight mail, or delivery charges, filing fees, fees of court reporters and charges for depositions, fees for expert witnesses and other expenses we incur on your behalf. Our charges for these services reflect our actual out-of-pocket costs based on usage. 

3. Arbitration - Client Consent

Although we look forward to a mutually satisfactory relationship, we mutually agree that in order to avoid litigation in the event a dispute regarding legal fees, any such dispute shall be submitted solely to binding arbitration in Lexington, Kentucky.  The arbitration shall be conducted by a single arbitrator.  If the parties cannot agree on an arbitrator, each shall select two arbitrators and one shall randomly be chosen. Parties shall make a good faith effort to schedule at a time convenient to both parties.

The decision of the arbitrator shall be final and binding.  Judgment on any arbitration award may be entered in accordance with the Kentucky Rules of Civil Procedure.  Arbitration is limited to fee and expense disputes alone and is not applicable to any other aspect of this engagement and is provided as cost-effective alternative dispute resolution. 

Arbitration of such fee and expense disputes may result in the waiver of significant rights, such as the waiver of the right to a jury trial, the possible waiver of broad discovery and the loss of the right to appeal.  You have the right to consult independent counsel before accepting this arbitration provision.

This is a binding legal agreement.  The parties acknowledge the right to arbitrate any fee dispute which may arise between them. Any arbitration shall take place in the state of Kentucky. 

C. Limitations of Representation

1. Documentation

Personal and financial information is required to complete work regarding your estate plan and its supporting documents.  Our work is based on the information you supply us. We are not accountable for advice we offer or documents we prepare based on incomplete or inaccurate information you have provided us.  

2. Tax Advisor Disclaimer

Our firm does not provide specific tax advice or prepare tax returns; any discussion of taxes is for general informational purposes only.  We advise you to seek the counsel of a qualified CPA, accountant, or tax attorney, regarding the tax consequences of any transfer or transaction in which you engage as a result of our representation.  

3. Lack of Guarantee

Nothing in this agreement or any statement by an attorney or staff member of our office can be construed as a promise or guarantee regarding the outcome of your matter.  The Kentucky Rules of Professional Ethics prohibits attorneys from providing guarantees.  Any statement regarding the outcome of your matter is an expression of opinion only. 

D. End of Representation

1. Automatic Termination

Unless otherwise agreed upon in a separate writing, your representation ends as set forth in your client contract.

2. Client’s Right to Terminate

The Client has the right to terminate our representation at any time by notifying us of the Client's intention to do so. We will have the same right, subject to an obligation to give the Client reasonable notice to arrange alternative representation. If either party should elect to terminate our relationship, our fees and expenses incurred up to that point still will be due to us. Upon payment to us of any balance due for fees and expenses, we will return to the Client, or to whomever the Client directs, any property or papers of the Client in our possession. We will retain our files pertaining to any matters on which we have been engaged to represent the Client. 

3. Attorney’s Right to Withdraw

Under the rules of professional conduct by which we are governed, we may withdraw from our representation of the Client in the event of (for example): nonpayment of our fees and expenses; misrepresentation or failure to disclose material facts concerning the engagement; action taken by the Client contrary to our advice; and in situations involving a conflict of interest with another client. If such a situation occurs, which we do not anticipate, we will promptly give the Client written notice of our intention to withdraw. 

4. Attorney’s Right to Withdraw in Contested Proceedings

While our office frequently assists clients with resolving difficult situations, our firm does not participate in contested litigation.  If a matter becomes contested (multiple applications for appointment or other similar circumstances), you agree that our office may withdraw from representation with appropriate notice to you and under the terms set forth in “Termination of Services,” above.  In all instances, our firm will assist in a transfer of your file to subsequent counsel. 

5. Attorney Duties Upon Termination

After termination whether by choice or by completion of the contract, changes may occur in the applicable laws or regulations that could have an impact on the Client's future rights and liabilities. Unless the Client engages us after completion of a matter to provide additional advice on issues arising from the matter, the firm has no continuing obligation to advise the Client with respect to future legal developments. 

E. Record Retention

Our office has a policy of scanning and retaining original documents in electronic format.  You, the Client, will be responsible for all original paper copies of documents prepared for you by us.  We have made a reasonable effort to retain these files for an indefinite period of time.  

F. Authorization

By the Client's agreement to these terms of our representation, the Client authorizes us to take all action we deem advisable on the Client's behalf on this matter. Whenever possible, we will discuss with the Client in advance any significant actions we intend to take. 

Last Updated 1/2/2024.

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