Engagement Letter
(Estate Planning) (Married Couple) (OH)

Summary

This template is an engagement letter for a married couple retaining counsel for estate planning in Ohio. It 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. This template contains practical guidance, drafting notes, and optional clauses. The Ohio Rules of Professional Conduct set forth the ethical standards and fiduciary duties applicable to attorneys admitted to the State Bar of Ohio. The ethics rules require communication of fees prior to commencing representation of a client, and this letter sets forth the attorney's fees as well as the scope of work to be performed. Ohio Prof. Cond. Rule 1.5(b). Additionally, the letter addresses potentially adverse interests between spouses under Ohio Prof. Cond. Rule 1.7 pertaining to the duty to avoid conflicts of interest. The rule requires conflicted clients to provide informed consent in writing, and accordingly both spouses must sign this template at the bottom to indicate their understanding of the nature of the dual representation. For a full listing of key content on creating an estate plan for an individual with a spouse or partner residing in Ohio, see Estate Plan for Individual with Spouse or Partner Resource Kit (OH). For further discussion of ethical issues, see Ethical Issues in Estate Planning (OH). For a discussion of estate planning strategies and tools, see Estate Planning Strategies and Devices (OH). For an estate planning questionnaire, see Estate Planning Questionnaire (Married Client) (OH).