Things to Consider When Choosing an Estate Planning Attorney

Jeanilou G.T. Maschhoff • January 4, 2024

Most people never stop to truly consider what they want and need from their estate planning attorney. Some are intimated by the process so they find comfort in getting a referral from someone they know. Others are price driven and want to find an attorney who will work within their budget. And others are the “do it themselves” type who use the internet to find providers that offer basic estate planning services. We need to be clear; the above services acceptable and legally sufficient. However, the above methods of finding an estate planner fail to investigate the basic questions of: 1) what are the differences in the services provided by an estate planner and 2) what do I want or need from my estate planner?

These are difficult questions that most people do not want to ask because they are already trying to wrap their minds around the idea of estate planning. What do we mean? Estate planning in its essence is planning for the day your health fails you, and how your beneficiaries will receive your remaining assets.

To put it bluntly: you are planning for your sickness, death, taxes, and future family conflict over the remaining assets. On a great day any one of those topics can ruin your day. It is no wonder that the last thing a client will want to do is ask the two questions above after they just mentally pushed through the topics we discussed in this paragraph. But failing to do that little bit self-analysis will likely cause you unforeseen problems down the road. So, let’s lightly tackle these questions together so that you can start thinking ahead.

What are the differences in the services provided by an estate planner?

In general, you can categorize it as follows: Self-help, a la carte, basic, guided or semi-complex, and very complex. What is even more important to understand is that in these various categories an estate planner may offer you: estate planning documents, education, and counseling/guidance. It is our opinion that most client’s either overlook or are unaware of these three distinctions. Costs will increase the higher the level of service.

Self-help is do it yourself estate planning either with an online service or a book. A la carte is requesting that someone draft one document for you such as an advanced healthcare directive. Basic tends to be an entire legally sufficient estate plan where the attorney spends one to two hours with you, gives you general principles to follow when deciding your affairs, and then likely an assistant or paralegal will draft your estate plan. Guided or semi-complex is where you really start to receive the education and counseling/guidance in addition to the estate planning documents. For example, in basic estate planning you will be told put everything in the trust and that is a good rule of thumb. In a guided or semi-complex setting an attorney will sit with you and review all of your assets and liabilities and then go item by item discussing the pros and cons as to why you should put an asset in the trust. Same for appointing agents, executors, or trustees. As for the very complex, those are situations where you have a high value estate or you have a complex family dynamic where future conflict is possible.

What do I want or need from my estate planner?

As I’m sure you already figured out, this varies person to person. But here are some probing questions to help you figure out what you need:

A) Are you the type of person who often might say “this is good enough” or “it is what it is”?

B) Do you feel like any future contingencies or disputes is something your beneficiaries and agents will have to figure out on their own?

C) Is price you biggest concern or are you working within a budget?

D) Do you want a better understanding of the estate planning process?

E) Do you tend to ask follow up questions or often ask tohave legal documents explained to you?

F) If you are planning with your spouse, do you see eye to eye on everything? Will you benefit from an expert third party objective opinion?

G) Do you have young children and have you laid out a plan as to who and how they will be physically, emotionally, and financially sustained?

H) Is there potential future conflict between your beneficiaries and have you set forth a plan to either manage those conflicts or let them figure it out themselves.

We could easily keep this list going. But we hope you see our point. Inexpensive or little interaction with your estate planner is fine, if you are fine with not investigating questions like the ones above. However, if you would like someone to help you tackle these very tough topics then we would encourage you find an estate planner that provides education and counseling/guidance while you navigate through these difficult topics.

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The Education Department is opening fewer sexual violence investigations as Trump dismantles it

January 17, 2026

WASHINGTON (AP) — Before President Donald Trump’s administration started dismantling the Education Department, the agency served as a powerful enforcer in cases of sexual violence at schools and universities. It brought the weight of the government against schools that mishandled sexual assault complaints involving students. That work is quickly fading away. The department’s Office for Civil Rights was gutted in Trump’s mass layoffs last year, leaving half as many lawyers to investigate complaints of discrimination based on race, sex or disability in schools. Those who remain face a backlog of more than 25,000 cases. Investigations have dwindled. Before the layoffs last March, the office opened dozens of sexual violence investigations a year. Since then, it’s opened fewer than 10 nationwide, according to internal data obtained by The Associated Press. Yet Trump’s Republican administration has doubled down on sexual discrimination cases of another kind. Trump officials have used Title IX, a 1972 gender equality law, against schools that make accommodations for transgender students and athletes. The Office for Civil Rights has opened nearly 50 such investigations since Trump took office a year ago. Even before the layoffs, critics said the office was understaffed and moved too slowly. Now, many firms that handle Title IX cases have stopped filing complaints, calling it a dead end. “It almost feels like you’re up against the void,” said Katie McKay, a lawyer at the New York firm C.A. Goldberg. “It feels like a big question mark right now,” she said. “How are we supposed to hold a school accountable once it has messed up?” An Education Department spokesperson said the office is working through its caseload, blaming President Joe Biden’s Democratic administration for leaving a backlog and rewriting Title IX rules to protect LGBTQ+ students. Trump officials rolled back those rules. “The Trump Administration has restored commonsense safeguards against sexual violence by returning sex-based separation in intimate facilities,” spokesperson Julie Hartman said. “OCR is and will continue to safeguard the dignity and safety of our nation’s students.” Students have few other places to turn The layoffs have slowed work at the Office for Civil Rights across the board, but it has an outsize impact on cases of sexual violence. Students who are mistreated by their schools — including victims and accused students alike — have few other venues to pursue justice. Many are now left with two options: File a lawsuit or walk away. One woman said she’s losing hope for a complaint she filed in 2024. She alleges her graduate school failed to follow its own policies when it suspended but didn’t expel another student found by the school to have sexually assaulted her. No one has contacted her about the complaint since 2024. The woman recently sued her school as a last resort. She said it feels like a David and Goliath mismatch. “They have all the power, because there is no large organization holding them accountable. It’s just me, just this one individual who’s filing this simple suit,” the woman said. The AP does not typically identify people who say they are victims of sexual assault unless they grant permission. The civil rights office is supposed to provide a free alternative to litigation. Anyone can file a complaint, which can trigger an investigation and sanctions for schools that violate federal law. In 2024, the agency received more than 1,000 complaints involving sexual violence or sexual harassment, according to an annual report. It’s unclear how many complaints have been filed more recently. Trump’s administration has not reported newer figures. In conversations with the AP, some staffers said cases are piling up so quickly they can’t track how many involve sexual violence. In December, the department acknowledged the civil rights backlog and announced dozens of downsized workers would be brought back to the office amid a legal challenge to their layoffs. The workers’ return offers some hope to those with pending civil rights complaints. Department officials have vowed to keep pushing for the layoffs. Historically, the feds have held schools and colleges accountable Before Trump was elected to his second term, the office had more than 300 pending investigations involving sexual assault, according to a public database. Most of those cases are believed to be sitting idle as investigators prioritize easier complaints, according to staffers who spoke on the condition of anonymity for fear of retribution. The details of past cases underscore the urgency of the work. In 2024, the office took action against a Pennsylvania school system after a girl with a disability told staff she had been sexually touched by a bus driver. She was put back on that driver’s bus later that afternoon, plus the next two days. The district was required to designate a Title IX coordinator for its schools, review previous complaints and consider compensation for the girl’s family. That year, the office demanded changes at a Montana school where a boy was pinned down by other students and assaulted after a wrestling practice. The students had been suspended for three days after school officials treated it as a case of hazing instead of sexual assault. In another case, the office sided with a University of Notre Dame student who had been expelled over accusations of sexual misconduct. The student said the college never told him precisely what he was accused of and refused to interview witnesses he put forward. Cases that get attention from the federal office are being handled under federal rules created during Trump’s first term. Those rules were designed to bolster the rights of students accused of sexual misconduct. Lawyers who work with accused students see little improvement. Justin Dillon, a Washington lawyer, said some of his recent complaints have been opened for investigation. He tells clients not to hold their breath. Even before the layoffs, cases could drag on for years, he said. Others gave up on the office years ago. The LLF National Law Firm said it stopped filing complaints in 2021 in favor of suing schools directly. Lawyers at the firm said the office had become incapable of delivering timely outcomes, which was only worsened by the layoffs. Complaints can be resolved several ways. They can be dismissed if they don’t pass legal muster. Many go to mediation, akin to a settlement. Some end in voluntary agreements from schools, with plans to rectify past wrongs and prevent future ones. In 2024, under Biden, the office secured 23 voluntary agreements from schools and colleges in cases involving sexual violence, according to a public database. In 2018, during Trump’s first term, there were 58. Since Trump took office again last year, there have been none. The dismantling of the Office for Civil Rights comes as a blow to Laura Dunn, a civil rights lawyer who was influential in getting President Barack Obama’s Democratic administration to make campus sexual assault a priority. As the issue gained public attention, the office started fielding hundreds of complaints a year. “All the progress survivors have made by sharing their story is being lost,” said Dunn, who’s now a Democratic candidate for Congress in New York. “We are literally losing civil rights progress in the United States, and it’s pushing us back more than 50 years.” ___ The Associated Press’ education coverage receives financial support from multiple private foundations. The AP is solely responsible for all content. Find the AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.

What the Next Artificial Intelligence Phase Means for School Discipline

By By: Joseph D. Lento September 8, 2025 • September 12, 2025

Artificial intelligence continues to make big changes on school campuses at all levels nationwide. Students have already learned how helpful AI tools can be for studies. Yet students have also experienced a frightening wave of school academic misconduct charges alleging misuse of those AI tools. LLG National Law Group’s premier attorneys have rallied to the defense of students accused of AI misuse, defending and defeating school misconduct charges for students at all levels nationwide. But the latest wave of AI chatbot tools threatens to once again transform the school misconduct landscape. Call 833.536.8652 now to retain the LLG National Law Group’s highly qualified attorneys if you face artificial intelligence issues with your school. Student Use of AI Tools in School To this point, students have used ChatGPT and other general artificial intelligence tools, and similar tools designed more specifically for education, to aid their studies. Students have used general AI tools to propose paper topics, suggest paper organization, flag spelling and grammar errors, and suggest improvements in writing. Students have also used general AI tools to correct problem answers, explain subjects more thoroughly, and for similar traditional study purposes. These uses of AI have made studies more efficient and productive, speeding learning. Chat Bots as the Next Phase of School AI Tools Artificial intelligence chatbots, though, are further accelerating the pace of technological change in schools. Students are now able to use platforms like Schoolhub.ai to create their own individual AI-powered chatbot as a personal study assistant, tailored to their specific needs and school program. Getting ready for school once meant buying notebooks and pencils. It later meant buying a laptop computer or tablet. Today, preparing for school may mean creating and training your own chatbot as a personal study assistant. The Discipline Risk of Chat Bots Teachers, professors, departments, and schools have all been slow in developing and publishing policies on student use of AI tools. That delay led to a first wave of student academic misconduct charges for misusing readily available, greatly helpful, and widely used AI tools. Our attorneys have been busy turning back that first wave of AI misuse charges. The new AI-powered chatbots, though, don’t just write assigned papers or answer exam problems, as specifically prohibited by many school policies. The AI chatbots are instead active student study partners, more like a human tutor than a computer program or other digital tool. Schools need to quickly modify their AI policies to help students take due advantage of these powerful new learning tools, rather than to punish students for getting the help they need. Premier Student AI Misconduct Defense Available Retain the LLG National Law Group’s premier attorneys if you are a student facing AI misconduct charges in a school disciplinary proceeding. Our attorneys are ready to help you defend your AI chatbot use or other use of AI tools. We help hundreds of students nationwide defend and defeat student code of conduct charges of all kinds. Call 833.536.8652 now for the representation you need for your best possible student discipline outcome.