Balancing Efficiency and Excellence: The Perils of Boilerplate in a Busy Estate Planning Practice

Estate Planning practices across the country have seen an unprecedented level of activity since 2020. What began as a surge of new clients prompted by the uncertainty of the pandemic has become a sustained wave of planning that shows no signs of slowing. Attorneys continue to serve new clients motivated to complete their Estate Plans, long-time clients updating for changed circumstances, and families seeking advanced strategies to protect legacy assets.

With demand remaining high, many Trusts and Estate Practitioners have adapted by streamlining their drafting, automating processes, and finding ways to handle a heavier caseload without sacrificing service. Efficiency, after all, helps busy practitioners survive and thrive. Push for productivity may lead to the unintended consequence of overreliance on boilerplate language.

Every firm has a trusted set of provisions that “always work.” These standard clauses—polished over years of practice help ensure consistency and save time. Yet, even the most carefully crafted template can’t account for every nuance of a client’s situation. When the pace quickens and customization slows, that provides a recipe for mistakes and loss of critical distinctions. For example, provisions designed for a married couple with adult children might be reused for clients in blended families, unmarried partners, or those with unique asset structures. Without thorough adaptation, what once was protective language can create unintended restrictions, or, worse yet, future litigation.

Overuse of boilerplate language causes more than mismatched clauses; it causes lost opportunities. While efficient drafting results in a signed Estate Plan, Estate Planning attorneys need to be more than mere scrivners. Experienced Estate Planning attorneys understand the importance of custom drafting, of reflecting the client’s intent with precision, anticipating potential disputes, addressing changes in the laws, and inserting ways to address future changes. Novice Trusts and Estate practitioners often miss these points.

Unsuspecting clients may assume their plan is “custom” simply because it bears their name, but that only tells part of the story. Documents that read like everyone else’s documents mean that the drafting attorney has lost an opportunity to demonstrate value and deepen trust. Worse, generic drafting can lead to future corrections, restatements, or post-mortem disputes that erode that relationship entirely.

Sustaining quality in high-demand practice requires balance. Attorneys can and should leverage technology, templates, and processes that make drafting more efficient. They should remember, though, that those efficiencies work best when paired with systems that ensure thoughtful review and personalization. Well-seasoned Estate Planning attorneys remember to pause before finalizing the Estate Plan. They do this even when they lack time. They review the draft Estate Plan “one last time” to ensure that it reflects the client’s goals and family dynamics before asking the client to sign. They also take the time to customize consciously by building time into their workflow for meaningful document review, paying particular attention to dispositive provisions, trustee language, funding instructions, and coordination with assets that pass outside of the Estate Plan. Knowledgeable attorneys take time to educate their clients. They want the client to understand what they have signed and why they have signed the Estate Plan. They want to answer the client’s questions and explain how the provisions protect the beneficiaries. Finally, accomplished Estate Planning attorneys update their forms to reflect changes in the law and in accepted practices. During my time in private practice, I revised countless forms because they contained outdated or impractical clauses. Outdated boilerplate language undermines even the most efficient process.

Efficiency is not the enemy of excellence, but if left unchecked, it may produce negative repercussions for the client or their loved ones. The best Estate Planning attorneys have learned to pair automation with attention and speed with scrutiny. As the profession continues to manage increased demand, remember that it only takes one careless error to undermine what it took years to build. In a practice built on trust and precision, efficiency should serve the plan, not shape it.

Tereina Stidd, J.D., LL.M.
Director of Education
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com