TheEnterpriZe, LLC offers to engage a qualifying trust and
estate attorney to provide the legal services described below, subject to the
following terms. This offer does not create an attorney–client relationship
with any third party or authorize work until the parties sign this agreement
and any required matter-specific engagement letter.
1. Services and term
The Attorney will review and advise offeror on estate planning
documents drafted by the offeror on behalf of its clients. The draft plan includes last wills, a
revocable living trust, an irrevocable charitable remainder unitrust and other
essential trust documents. The work is to begin [November 1, 2026] and end [June 9, 2030]. The
Attorney will perform only work for which the Attorney is duly licensed or
otherwise authorized, and will determine whether to accept each matter after
appropriate conflict and competency checks. Any client representation, fees,
and scope will be set out in a separate engagement letter with the client where
required.
2. ABEPP membership requirement
As a condition of this offer and throughout the term, the
Attorney must hold and maintain an active Association of Black Estate Planning
Professionals (ABEPP) membership in a category, confirmed by ABEPP to be
appropriate for the Attorney.
The Attorney will provide reasonable proof of membership
before work begins and on renewal. The [Offeror/Attorney] will pay the
membership dues and approved related expenses. If membership lapses, the
Attorney will notify [Offeror] promptly; the parties will discuss a reasonable
opportunity to cure of [number] days, subject to ABEPP eligibility and
applicable law. Neither ABEPP membership nor this agreement guarantees
referrals, clients, or any particular volume of work.
3. Fees and expenses
[Offeror] will pay the Attorney [fixed fee], invoiced [monthly], payable within [30] days after receipt
of an undisputed invoice. Preapproved reasonable expenses will be reimbursed
upon documentation. No payment under this agreement is a referral fee or an
impermissible share of legal fees; any client billing arrangement must comply
with the rules governing the Attorney’s practice.
4. Professional responsibilities
The Attorney
retains independent professional judgment and will comply with applicable
licensing, confidentiality, conflicts, advertising, referral, and
professional-conduct requirements. [Offeror] will not direct legal advice or
interfere with duties owed to any client. The parties will not disclose client
information to ABEPP or each other except as authorized by the client and
applicable law. Nothing requires the Attorney to accept a matter where doing so
would violate professional obligations.
5. Termination
Either party
may terminate this agreement on [number] days’ written notice, or immediately
for a material breach that cannot be cured, loss of required licensure, or a
professional-conduct conflict. Any transition of active client matters must
protect the client’s interests and follow applicable law and engagement terms.
The Attorney will be paid for authorized services performed and approved
expenses incurred through termination.
6. General terms and acceptance
The parties
intend the Attorney’s status to be [independent contractor/employee], subject to applicable law and
the final written terms. This agreement is governed by the law of [Delaware], except where
mandatory professional-conduct rules apply. Amendments must be in writing and
signed by both parties. The offer expires on [date] unless accepted below. The parties should
have local counsel review the final terms before signing.
Offeror: ______________________ By/title: _____________________ Date: __________
Accepted
by Attorney:
_________________________ Date: __________
SITUS
·
Georgia – Trust
Administration/Real Estate
·
Georgia – Last Wills and Revocable
Living Trust
·
Delaware – CRUT and Charitable
Beneficiary
As stated, The Giving EnterpriZe is one of seven work sectors of the YouthUSA social enterprise program. The sponsor’s intent is to identify local needs and qualify, certify and sustain service providers to meet needs. There are many forms of giving. Giving may be Spiritual, Physical, Social, Financial, Educational, Professional and/or Recreational. "If I can help somebody, as I pass along. If I can cheer somebody, with a word or song. If I can show somebody, he/she is traveling wrong, then my living will not be in vain."
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