Description:
Position Summary:CunninghamLegal is seeking an Estate Planning and/or Trust Administration Attorney at either the associate or senior level. Candidates may focus on estate planning, trust administration, or both. The level of client responsibility, independence, and supervision will depend on the candidate's experience. The Attorney will provide legal services to clients, analyze their estate planning needs, recommend appropriate planning strategies, and ensure that estate planning documents are accurately drafted to accomplish each client's goals and objectives.
The Attorney will also represent and advise clients in trust administration and trust termination matters, including reviewing and interpreting trust documents, advising trustees regarding their fiduciary responsibilities, preparing court petitions, addressing trust funding and allocation issues, and providing guidance regarding applicable California Probate Code requirements and federal and state tax considerations.
The Attorney is expected to provide responsive, high-quality client service, communicate effectively with clients, beneficiaries, opposing counsel, and other professionals, and work collaboratively with paralegals and other members of the Estate Planning and Trust Administration teams.
The Attorney will work from the Walnut Creek and Oakland offices based on the needs of the Firm.
Position Levels
Associate Attorney: This track is for an attorney early in their career who has some experience in estate planning or trust administration. The Associate will work closely under the supervision of a partner, assisting with drafting, document review, petitions, research, and case management. As the Associate gains experience, they will progressively take on client consultations, client review conferences, and their own matters, at a pace set by the supervising partner.
Senior Attorney / Certified Specialist: This track is for a highly experienced attorney who can hit the ground running and independently manage a full caseload of estate planning and/or trust administration matters from intake through completion. The Senior Attorney will handle complex planning and administration issues, appear in court, supervise paralegals, and contribute to business development. Certification as a State Bar Certified Specialist in Estate Planning, Trust & Probate Law is preferred for this level but not required.
Responsibilities:
The responsibilities below describe the full scope of the role. Associate-level attorneys will perform these duties under partner supervision and assume greater independence over time; senior-level attorneys are expected to perform them independently.
Estate Planning
- Meet with prospective clients for initial consultations and gather the information necessary to make appropriate estate planning recommendations.
- Meet with existing clients to review their current estate plans and recommend changes or updates when appropriate.
- Analyze the size, composition, and circumstances of a client's estate to develop appropriate estate planning strategies.
- Engage clients to move forward with the preparation of estate planning documents.
- Complete engagement agreements and obtain client signatures during appointments or electronically through DocuSign.
- Complete required client intake documentation, design sheets, client review conference documentation, and other necessary forms.
- Review drafts of estate planning documents to ensure that each plan accurately reflects the client's needs, wishes, and the recommendations provided.
- Conduct client review conferences, explain the design and provisions of the estate plan, answer client questions, and address concerns.
- Use and respond to the Firm's Asana task management system, including timely completion of assigned tasks, monitoring the inbox, and responding to matter-related correspondence.
- Identify appropriate opportunities to refer clients to an affiliated financial advisor and obtain required Disclosure and Consent Forms.
- Conduct initial client meetings regarding trust administration and trust termination matters.
- Review and interpret trusts and related estate planning documents and advise clients regarding administration requirements.
- Advise trustees regarding applicable California Probate Code requirements, trust administration responsibilities, required notices, reporting deadlines, and trust funding requirements.
- Advise clients regarding applicable state and federal trust tax provisions, including portability, property tax considerations, and applicable exclusions.
- Prepare petitions, including but not limited to petitions under Probate Code Sections 17200, 15409, and 850 (Heggstad), as well as spousal property and bypass trust termination matters.
- Attend court hearings and mediations as necessary.
- Formulate appropriate funding and allocations to sub-trusts.
- Review, verify, and revise documents prepared by paralegals and other support staff.
- Meet regularly with paralegals to review case status, deadlines, and outstanding matters.
- Conduct legal research as necessary.
- Communicate regularly with clients, beneficiaries, opposing counsel, and other professionals regarding the status and resolution of matters.
- Consult with the supervising partner or lead attorney regarding complicated client matters and technical questions, as appropriate to the Attorney's level.
- Respond promptly and professionally to client telephone calls and emails.
- Maintain detailed notes of client meetings, telephone calls, and other substantive communications and ensure that documentation is maintained in the appropriate client file.
- Provide timely, accurate, and professional legal advice and maintain a high level of client service.
- Collaborate with attorneys, paralegals, and other staff members to ensure matters progress efficiently and deadlines are met.
- Participate in required attorney, department, office, and staff meetings.
- Network with other professionals and develop relationships that may result in new client matters.
- Identify opportunities for additional services or appropriate referrals that benefit clients.
- Perform other projects and responsibilities as assigned.
Required Skills:
- Strong oral and written communication skills
- Excellent client service and interpersonal skills
- Professional telephone and meeting etiquette
- Knowledge of legal terminology and procedures
- Strong analytical and legal research skills
- Excellent organization and planning skills
- Strong proofreading and grammatical skills
- Effective time-management and prioritization skills
- Ability to manage multiple client matters and deadlines simultaneously
- Ability to work collaboratively with attorneys, paralegals, and support staff
- Strong attention to detail and accuracy
- Computer literacy and ability to effectively utilize the Firm's technology and task-management systems
- Ability to exercise sound professional judgment and maintain client confidentiality
Education & Experience:
- Juris Doctor (J.D.) degree from an accredited law school.
- Active license and good standing with the State Bar of California.
- Associate Level: Minimum of 1 to 3 years of experience in Estate Planning or Trust Administration (law clerk or certificate program experience may be considered). Senior Level: Minimum of 7 years of experience in Estate Planning and/or Trust Administration, including independent management of client matters.
- Experience in either Estate Planning or Trust Administration will be considered; experience in both is a plus.
- Knowledge of income, gift, estate, and trust tax laws (working knowledge at the associate level; advanced knowledge at the senior level).
- Senior Level: State Bar Certified Specialist in Estate Planning, Trust & Probate Law strongly preferred. Associate Level: Interest in working toward certification is encouraged.
- Commitment to ongoing professional development and continuing legal education in Estate Planning and Trust Administration.
Work Location:
This position supports clients and operations in CunninghamLegal's Walnut Creek and Oakland offices. The Attorney is expected to work on-site five days per week, with the specific office location determined by client appointments and the needs of the business.
The Firm also offers bonus eligibility, health, dental, and vision insurance / 401(k) / paid time off / CLE and certification support.
