How to Choose the Right Attorney for Your Needs
When it comes to protecting your family, your assets, and your legacy, one of the most important decisions you can make is choosing the right estate planning attorney. But here’s the catch: not every lawyer practices the same type of law, and hiring the wrong professional can end up costing you time, money, and peace of mind.
The truth is, specialization matters.
Many attorneys practice what’s known as “door law”—a little bit of everything that comes through the door, whether that’s personal injury, divorce, criminal defense, real estate, or estate planning. While these generalists may be competent in several areas, estate planning is complex. The laws are constantly changing, and small mistakes in documents like trusts or powers of attorney can create big problems for your loved ones down the road.
If you’re considering creating or updating your estate plan, it’s important to understand the two primary categories of lawyers who work in this space:
1. Transactional Attorneys
Transactional attorneys focus on planning ahead. They help you put the right legal documents in place so that your wishes are clearly outlined and legally enforceable. In estate planning, this often means creating living trusts, drafting wills, setting up powers of attorney, and ensuring you have proper healthcare directives. A good estate planning attorney will also help you anticipate future needs, minimize taxes, and make sure your estate is distributed smoothly to your chosen beneficiaries.
2. Litigators
Litigators, on the other hand, are trial attorneys. They represent clients in disputes that end up in court, such as will contests, trust challenges, or conflicts among beneficiaries. Litigation requires a very different skill set—advocacy, negotiation, and courtroom strategy—compared to the detailed, preventative work of drafting estate plans. It’s rare for one lawyer to excel at both.
What About Trust Administration?
There’s a third category that can sometimes cause confusion: trust administration. When someone passes away and you’re named as a trustee or executor, you’re responsible for carrying out their wishes. This involves gathering assets, paying debts, filing taxes, and distributing property. In these situations, you’ll want to work with a trust administration attorney who understands both the legal requirements and the practical steps needed to make the process smooth.
Some estate planning attorneys—like our team at Shafae Law—also handle trust administration. This combination of experience is often ideal, because what you learn from drafting estate plans can make you a more effective advisor when administering them, and vice versa.
Finding the Right Fit
So how do you choose the right estate attorney? Start by asking about their focus areas. If they dabble in many unrelated areas of law, that can be a red flag. Look for a professional whose practice is dedicated to estate planning, estate administration, or probate litigation—depending on your specific needs.
Finally, take time to check their reputation. Read reviews, ask for referrals, and make sure their clients feel supported, informed, and confident in the process.
At the end of the day, estate planning is about peace of mind. With the right attorney by your side—one who truly understands your situation—you can feel confident that your family and your legacy will be well protected.