An Elder Lawyer Must Have a Sense of Humor

We are often presented with situations that are humorous. The attorney must decide whether humor is appropriate for the particular client.

I once had a client with whom I was discussing contingent beneficiaries. The client asked me what if you, the attorney, died before the last beneficiary. I answered that it doesn't matter since I am not a beneficiary under the will. The client seemed surprised and acknowledged the fact and then asked the following question: "What if you die before the last beneficiary?" I answered my executor or my secretary as co-holder on the box that held the wills, had a right to enter the box and get the will for them.

The client then asked, "What if you and your secretary died together?" I answered that if my secretary and I died together, my wife would kill me.

Although this story seems silly, it lightened up the conference and the meeting went much better than if I had remained serious.

The point of this story is that you must evaluate the client and determine what is appropriate and not appropriate for the particular situation.

Disclaimer: This article does not constitute legal advice and each person may have unique facts for which legal consultation may be necessary.

© July 2012, Post 203