Wednesday, April 8, 2020

The New Normal?


It is encouraging to see Americans pull together during difficult times.  That's part of the American character. Despite our shortcomings, we are a nation of good people. Our hearts go out to those affected by the pandemic and those who are sacrificing more than ever to serve others. 

As my colleagues and I try to work through many new challenges, we're adapting with new ways to serve our clients.  Instead of in-person meetings, telephone conferences and email communication help bridge the new gap between client and professional.  For live signings, constant sanitizing and wearing masks reduce the risks of in-person meetings where witnessing and notarizing are required. 

Electronic notarization became a legal reality in Florida in January, but the additional procedures involved with remote online notarization come with a cost - it is not free. Online will and trust executions will be possible under Florida law on July 1st, but it will also come with a price and additional complications. The Florida Bar's Real Property, Probate and Trust Law Section was vigilant as the Florida legislation was considered, not because they wanted to stop progress, but because they wanted to ensure protections for Floridians who elect those methods of signing crucial planning documents.  

So... is this the "new normal?"  While we're adapting for now, there is nothing to replace the interaction of an attorney and client during an in-person meeting. Estate planning, or the administration of an estate after the death of a loved one, is an emotional process.  The professional needs to understand how the client is feeling about personal and sensitive issues, much of which focuses around unpleasant events in life: the loss of a loved one, the declining capacity of a loved one (or our self), prolonged illness, and our own death. Despite all of the advancements in technology, human interaction remains critical. This is especially true for older Americans who did not grow up with modern technology.  

Americans are great at adapting to new challenges, and each generation brings a new perspective.  While progress is inevitable, are online communications, and even artificial technology, better than a human planner?  I've found over the past few weeks that a client communication can be based upon a misunderstanding or lack of information. In reading an email, it is difficult to know where the client is coming from.  Why are they worried about a particular issue?  Why did they request something that doesn't fit within the normal range of planning options? What happened in their life that made them worry? I apply my experience and training to the problem presented during an office conference.  It's tougher to do with an email.  Quality communication is essential.  It often takes more time to review and reply to an email than to speak with the client in person or on the phone. 

In some ways, the current pandemic will change our lives for ever.  The 9-11 tragedy and the recent mass shootings brought new security procedures to schools, airports and courthouses. We're getting used to those and understand the reasons behind the changes. They still bring additional expenses and inconvenience.  My take-away is that I'm fortunate to do what I do and I will value my interactions with clients more than ever, especially when they are face to face meetings. 

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