Читать книгу 2012 Estate Planning - Martin Inc. Shenkman - Страница 25

Many of the ideas, sample clauses, and other material included in this book may not be appropriate for all clients. Each idea or suggestion must be tailored to fit the specific client needs, circumstances, and temperament. Generically applying the “standard” advice at the significant levels that many 2012 wealth transfers will take could prove disastrous.

Do all practitioners have an obligation to inform all clients of the 2012 planning opportunities? If a practitioner fails to notify clients of these planning opportunities and the client misses the window of opportunity, has the practitioner violated the standards of practice? Will the client’s heirs be able to sue the practitioner for failing to communicate what might be the limited time period for which current planning opportunities remain? We believe that no practitioner should have any liability for not informing clients of the 2012 planning opportunities unless he or she has promised a client to do so. Media attention given to the potential for adverse tax law change has been so prevalent that no one should realistically be able to claim that he or she was unaware of the situation.

However, not communicating with clients is clearly not good business planning for the professional. Practitioners should endeavor to inform every client (whether active or inactive) to evaluate 2012 planning opportunities while it is still feasible to do so. There is still ample time to notify clients via a mailing, newsletter, phone calls, or through other appropriate communications. Ideally, the communication should be in written form so that the practitioner will have a record of what was done. From a marketing standpoint, a written communication is more likely to receive attention from elderly clients who may not be e-mail savvy. Moreover, a written communication is more likely to be shared by a parent or other potential benefactor with heirs who might benefit from the planning.

For many professional firms, an online blog or newsletter will likely have already been used to disseminate the 2012 planning message. But if the newsletter is only sent via e-mail, a very substantial portion of the firm’s client base may be missed. Many firms favored using e-mail addresses in their databases when they began their electronic communications. However, for many elderly clients and for clients that have been inactive for 5, 10, or more years, no current e-mail address may be available. So relying solely on an e-mail communication will likely miss a significant portion of the clients who might benefit most from 2012 planning. A simple and cost-effective method to get clients’ attention and visibility for the firm is a postcard mailing to all clients.

PLANNING NOTE: Sample letters and a postcard are reproduced in Appendix B and are also posted on www.laweasy.com to provide you easy access to these items.