You have retained the Law Firm of Kuczek & Associates (collectively known as the "law firm") to perform estate planning services for you. Those services include a review of your assets and liabilities, meeting with you to determine your estate planning objectives, and the preparation of various documents, including wills, trusts which will affect your relative rights to each other's property during life, disability and at death.
Although you share a common interest in developing an estate plan, you should also understand that our estate planning recommendations may affect your relative interests differently. Any agreement materially affecting the classification of your property, or re-titling of your property between trusts, may have disproportionate consequences to each of you. Although we will attempt not to act as advocate for one of you in connection with your estate planning to the detriment of the other, that objective may not be possible to attain in an absolute sense. In other words, one or the other of you may receive relatively greater benefits under our recommended arrangements than you would in the absence of any arrangements. Furthermore, it obviously will not be possible for us to maintain the confidentiality of the information relating to your estate planning as between the two of you. Accordingly, our representation of both of you creates a conflict of interest of which you should be aware.
It is our present belief that, under existing circumstances, we can represent both of you without adversely affecting our attorney-client relationship with either of you. Nevertheless, you each should feel free to seek independent counsel if you prefer so that your respective interests are independently represented and any confidences are preserved.
Consent to Representation Despite Conflicts
I have reviewed the above, and I realize that there are many areas of differing interests, as well as potential or real conflicts of interest between my spouse and me in connection with our estate planning and related matters. I understand that, at any time, either my spouse or I may have separate, independent counsel in connection with these matters. After considering all of the above, I request that the law firm represent me in my estate planning and related matters. I also understand that, as between each of us and you and the firm, confidential communications you receive from either of us may be shared with the other; however, as to third parties, you will maintain our confidences.