Non-lawyers may be calling your clients to tell them that their trust has expired, that their trust needs to be updated or to make other similar statements that will incorrectly lead your clients to believe that the person is calling on behalf of whichever attorney or attorneys originally set up the trust. Typically, the caller is licensed by an entity which sells financial products such as an annuities.
By talking about trusts and estate planning the caller hopes not only to take business away from the attorney who created the clients estate plan and trust but after doing so, the caller hopes to get the clients money taken out of bank and brokerage accounts and re-invested in other commission-generating transactions. The caller or someone working with him will typically suggest that all estate planning documents need to be reviewed. During the review, the reviewer may attempt to create a financial worksheet so that he can learn what each of the clients investments is and where it is invested.
Clients can be easily taken advantage of. This is particularly true as the clients get older and even more so in situations in which a spouse has died. Clients should never allow a caller to send someone to their homes. Clients should always say that they already have an attorney and that they will discuss with their attorney whatever the caller is calling about. This is usually the last thing that the caller wishes to hear. Clients can also hang up the phone because nicely saying ‘I am not interested’ will normally not deter the caller.