In estate planning, particularly for high-net-worth (HNW) clients, client communication and clearly explaining technical concepts are critical but can be challenging. Ultimately, for estate-planning professionals, the ability to explain, simplify and contextualize intricate ideas empowers clients to make more confident, informed decisions and builds a strong attorney-client relationship. This ability to educate clients and clearly explain the technical aspects of the planner’s proposals greatly enhances client satisfaction and the successful implementation of their estate plans.
Value of Communication
Efficient communication improves client satisfaction and drives project completion. Don’t underestimate the value of client satisfaction in getting a project to the finish line. Astonishingly, a great number of estate-planning documents that are prepared for clients are never executed or otherwise appropriately implemented. Unfinished estate plans are evidence there wasn’t a meeting of the minds between the lawyer and the client.
While businesses may continue to survive even with an apathetic approach to project completion (assuming that clients pay their bills), estate-planning service providers should embrace each client’s potential to provide lifetime value. After all, the cost of attracting a new client is far greater than the cost of retaining an existing client.
Effective communication also enhances productivity and time management. While clients will always have questions, taking the time to counsel clients early in the estate-planning process can reduce the number of follow-up emails and phone calls.
Finally, ensuring that clients fully comprehend the technical aspects of their estate plans can mitigate future conflicts and litigation. Many estate-planning techniques involve some level of risk, whether tax, economic, family dynamics or unforeseen circumstances, but the risk of having a client sue you can be greatly reduced by confirming that the client understands their estate plan, the operation and maintenance of the strategies involved and any potential risks.
The Client’s Perspective
Communicating technical concepts is more art than science and depends on the client’s learning style. As a starting point, your initial objective should be to get to know the client, their objectives and values and how they absorb information.
Here are some important steps to take:
- Before plunging into technical explanations, ask questions to understand what the client values and their main goals.
- Determine what the client needs and expects so that you can align your services with what the client is actually asking for.
- Take the time to gauge the client’s familiarity with the subject matter you’re discussing.
- In the initial stage of learning about your clients, be sure you identify all the people relevant to the client’s decision-making process.
- With respect to onboarding new clients, continually evaluate your intake process.
- Consider using a simple, unformatted Word document with questions (and others that you add over time) for the initial meeting.
One issue to consider is how much of the decision-making process you’ll reveal to the client before they meet you. We’ve found that, in some cases, it can be counterproductive to ask the client to complete an estate-planning questionnaire before the initial meeting. A lengthy questionnaire may intimidate or overwhelm certain clients, significantly delaying or stagnating the process. You may prefer to first meet with the client to assess their comfort level and experience with estate planning and discuss fundamental concepts.
Also, prior to a formal engagement, bear in mind that the intake process is a two-way street. Be mindful and consider whether you’re the right fit to represent this particular client. You should strive to get enough contact with the client at this initial stage to judge whether you can offer your very best to this family. This doesn’t mean you need an intimate connection to serve this client but be cognizant of whether you can set and meet expectations. Furthermore, assess whether the client’s circumstances are compatible with your organization. Will the client be able to afford your services? Is the subject matter something you’re comfortable with or have to spend time learning about? Can you meet any immediate deadlines? Do you have the capacity to take on this client if you feel they’ll require a great deal of education?
Plain Language and Humility
Legal professionals are notorious for overusing legal terminology and formal language; however, this predilection can alienate clients and be counterproductive to successful communication. Just because a topic is esoteric or complex doesn’t mean that it can’t be explained in a straightforward manner. Use clear and simple language with your clients. Avoid using legal jargon and acronyms unless you first explain them in plain terms. If legal language is necessary, pause to explain the concept or term of art at issue.
Build Understanding Gradually
Our working memory can only process a certain amount of information at a given time. When it comes to multi-step processes or elaborate techniques, break the information down into smaller segments. Setting a tempo for each engagement is important so the client doesn’t feel overwhelmed with new information or decision fatigue.
Client’s Learning Style
Part of your process should be determining the client’s learning style or mode (for example, visual, auditory or tactile). You can then adjust how information is presented and match your explanation with the client’s learning style. Using analogies or comparisons can make technical ideas easier for clients to absorb. Analogies are particularly helpful when introducing entirely new concepts.
Flowcharts, diagrams and timelines are invaluable for visual learners and excellent tools for breaking down convoluted processes. Explaining complex entity structures or sales to multiple trusts can be difficult, no matter how well the strategy is articulated. Visual aids can help to organize information and make it accessible to clients.
Stories also help to convey technical information. Narratives are easily remembered and can morph abstract ideas into something relatable. Gather stories that you think will help animate difficult concepts. While keeping confidentiality in mind, share stories of similarly situated clients to bring explanations to life. When discussing whether to place assets in a trust, tell stories of an heir squandering their inheritance or how a trust protected the family’s legacy from a malicious relative. In the succession planning context, share success stories about empowering the second generation to take the reins or how shifting business interests to trusts saved the family business from the burden of estate taxes. Stories make the real-life benefits of estate planning resonate.
Bridge the Knowledge Gap
Explaining technical details to clients is not only about making information understandable but also about empowering clients to make informed decisions confidently. This requires you to approach each situation with intentionality. Some of our advice may seem obvious, but implementing these suggestions requires you to go above and beyond the status quo. Successful communication requires a shift from a transactional perspective of client engagement to a relational perspective. By approaching communication with empathy, focusing on the client’s goals and being dedicated to serving, you can bridge the knowledge gap and build enduring client relationships.
*This article is an abbreviated summary of “Arranging a Meeting of the Minds,” which appears in the February 2025 issue of Trusts & Estates.
