Engagement Letter
(Estate Planning) (Married Couple)

Summary

This template is an engagement letter for a married couple retaining counsel for estate planning. It is non-jurisdictional and may be modified for any state. This template includes practical guidance, drafting notes, and optional clauses. This engagement letter sets forth the terms of representation, addresses the scope of the work to be performed, and waives potential conflicts of interest that may arise pursuant to the dual representation. Most married couples will seek joint representation in their estate planning; however, you should exercise caution when representing a married couple and obtain the appropriate informed consent required by the Rules of Professional Conduct. Spouses' objectives may not always be aligned, particularly where there have been prior marriages. This potential conflict may not be evident initially. Therefore, you should obtain waivers and written consent to the joint representation by both spouses in your engagement letter. For a discussion of estate planning strategies and tools, see Estate Planning Strategies and Devices. For an engagement letter that may be used for a single individual, see Engagement Letter (Estate Planning) (Single Individual).