The Interdisciplinary Network Service
Protocol (INSP) is a multi-disciplinary estate planning service system
that integrates the knowledge, experience and abilities of certain financial and
legal professionals for client utilization upon a secure Internet
platform. The effect of bundling practical estate planning services of
participating professionals within a virtual network enables end-user clients to
(a) acquire professional estate planning products and services in a safe,
controlled, and efficient environment, (b) obtain full implementation and
[ongoing] administrative support services, and thus (c) ensure the final
realization of their estate planning objectives. The INSP is not a
statutory partnership, or a formal triumvirate, or any other contractual
arrangement as it is effectively non-binding between the participants. All
participants work independently of each other, and each may discontinue his/her
service to the INSP at any time without cause. The main parties of the
INSP and their primary roles as service providers are described as follows:
Associate Advisor
(AA) – (i) presents basic estate/tax planning information and common
planning options to his client(s); (ii) guides his client through the initial
data gathering and plan-organizing activities; and, (iii) assists his client, as
needed, with the final implementation and funding processes of her estate plan –
under the direct supervision of client’s legal counsel [INSP Networking
Attorney]. If the AA opts to "bundle" his fees in the processing
transaction for his (i) data gathering, (ii) implementation and (iii) funding
services, he must inform the client that he is receiving compensation directly
from the transaction (not to exceed $600). In such case, the AA's bundled
fee is posted and disclosed on the Client Management Services (CMS) line item
located on the Client Data Questionnaire (CDQ) Order Form page.
Networking Attorney (NA) –
(i) offers and performs independent, personal legal counsel services for AA’s
client(s) by (ii) providing initial and conclusive estate plan
feasibility/suitability opinions as to the efficacy of the proposed plans per
the client’s estate planning objectives and statutory law, and (iii) supervises,
or actively performs, the final editing/drafting and delivery of the client’s
legal documents through usage of the INSP Online Document Repository
(ODR). The NA will be directly compensated by the client from a
legal-fee component of the transaction fee.
Integrated Trust Systems (ITS) – (i) provides training
and field support services to the AAs and to the NAs [as needed], (ii) offers
product research/development and autotext macro design with specimen documents
for use by the NAs through the ODR, and (iii) publishes ODR back-office document
prep and assembly services on behalf of the NAs for each respective
client. The pre-selection and initial drafting of the clients’ estate
planning documents is performed by ITS-staffed licensed attorneys operating
on the INSP platform through the ITS Admin Console. ITS
Processing offices monitor all INSP activity (through the Admin Console)
including data/message exchanges and time-frame usage to ensure confidentiality,
protocol compliance, transactional efficiency, and full implementation of all
INSP services.
Participant Confirmations –
IT IS ESTABLISHED that the Associate Advisor
(AA) is an ITS-licensed (front-end) user of the INSP currently in the
business of offering (independent) financial management services and/or who
sells financial products. Relative to the INSP, the AA’s business
activities include identifying the potential need for estate planning in
relation to his clients’ financial/estate planning goals and objectives.
The AA’s activities are more specifically defined as helping his client (i)
integrate optimal, administrative planning structures for the family plan [such
as wills, trusts, asset retitlements, etc.], (ii) implement effective income and
transfer tax planning methods, and (iii) secure efficient and cost-effective
ways of transferring and/or controlling family assets after the client’s
decease.
IT IS ESTABLISHED that the Networking
Attorney (NA) – as registered on the INSP Legal Network Registry – is a
licensed attorney-at-law in his/her state of domicile, a member in good standing
with that State Bar Association, and competent in estate planning law and
implementation methods. From that position, the NA is deemed (i) qualified
to provide jurisdictional citizens with competent estate planning advice, (ii)
able to offer appropriate independent legal counsel to AAs’ clients in meeting
their respective estate planning needs, and (iii) capable of making
determinations as to the suitability of certain INSP (or non-INSP) estate
planning documents and formats for use by end-user INSP clients.
IT IS ESTABLISHED that Integrated Trust Systems (ITS) is in the
business of providing estate planning consultation services and back-office
support to certain financial and legal institutions. ITS is also the
owner, operator and maintenance provider of the INSP Internet database. In
functioning as the INSP operator, ITS maintains and provides proprietary
electronic data-gathering systems, administrative monitoring, and incremental
back-office drafting support (via licensed ITS staff attorneys), and
document-assembly / collation services on behalf of NAs.
INSP Procedural Activity Outline –
The following Procedural Activity Outline
defines a 10-step protocol for the INSP service providers in helping end-user
clients meet their estate planning goals and objectives:
Step 1 – AA’s
contact with client. The AA and his client discuss
potential estate planning options and consider that the client’s
estate-planning goals and objectives may be most effectively achieved through a
multi-faceted effort that includes the networking activity of three separate
service providers (AA, NA, and ITS) on the INSP on behalf of the AA’s
client. In the initial client discussion(s), the AA describes the
activities and flow of the INSP including the (i) utilization of
client-selected, independent licensed legal counsel on the INSP Legal Network
Registry to determine the applicability and suitability of any proposed estate
plan and (ii) the professional support services of the AA [within the scope of
AA’s profession and training] from inception to implementation, including
providing assistance in funding the client’s (proposed) estate plan under the
direct supervision of the client’s legal counsel (the NA). The AA shall
also inform his client of the distinct roles and parameters of each service
provider of the INSP.
Step 2 – Initial data
gathering. If, after the initial discussion/interview with the AA,
the client determines that she would like to use the network services of the
INSP in conjunction with her financial advisor (the AA), the AA will begin the
data organization/collection process with the client to gather general
information relative to a prospective estate plan; all related questions and
recommendations, if any, are subject to client’s independent legal counsel (the
NA) for final approval and implementation.
Step 3 – Electronic data
submission. The AA shall then enter basic client data, with a
minimum of client’s name, address, phone number, email address, proposed
estate plan format, and any other information that may be applicable (such as
the names of the client’s children, etc), onto the Client Data Questionnaire
(CDQ) and submit the same to the network server through his Associate
Console. Upon receipt of the CDQ data, the database server shall
automatically transmit responder “e-Mail Notices” to ITS Admin Offices
and to the client’s personal NA confirming the CDQ submission.
(a) With the AA’s
initial submission of the CDQ, the client’s account shall be debited for the
proposed Total (Transaction) Fee amount as shown on the Client Order Form
page of the CDQ, which includes the processing/support work provided by ITS
and the NA’s legal fee. The proposed Total (Transaction) Fee is
effectively held “in escrow” as a refundable transaction until the NA’s (i)
interview with client, (ii) approval of the proposed plan, and (iii)
(re)submission of the CDQ. The effective Total (Transaction) Fee is
that fee which appears on the CDQ after the NA’s “engagement interview”
with the client and subsequent completion/submission of the CDQ
entries.
(b) Upon the AA’s submission of
the client CDQ, ITS Client Management Service (CMS) office personnel will
perform a secondary interview with the client, as may be necessary (upon request
by the AA), to help gather relevant estate planning information for proper data
entry and application usage with the CDQ. The CMS office interview will
also help facilitate the entire process including working directly with the
client’s own legal counsel, the selected NA.
Step 4 – NA’s acceptance
or declination. After receiving an e-Mail Notice of the AA’s
submission of the client’s CDQ, the NA shall access his Attorney Console
on the INSP and review the client’s CDQ to determine if he wants to accept (or
not) the offer to serve as independent legal counsel for the client. The
NA shall contact AA’s client within seventy-two (72) business hours from
the time when the CDQ was posted.
(a) Failure by the
NA to make contact with the client within the 72-hour time-frame may be deemed
by ITS Admin as the NA’s default “declination” of the client’s request to
serve as independent legal counsel for her.
(b) The NA may also
actively decline the offer to serve as that client’s independent legal
counsel because of, but not limited to, the NA’s perception that no appropriate
estate plan format is available to the AA’s client through the INSP. If
the NA actively declines the offer to serve as client’s legal counsel,
then he must submit a Notice of Transaction Declination on that
client’s CDQ NotePad message ledger, which will serve as an electronic
email message to the INSP notifying all parties that the NA has declined the
offer to serve as that client’s independent legal counsel.
(c) In the event that the NA
declines to serve as legal counsel for the AA’s client, ITS Admin office
shall contact the AA (or the client, if necessary) to determine if the client
wants to contact another NA to provide alternate legal counsel or discontinue
the INSP estate planning application process.
Step 5 – NA’s engagement
with client. After the NA’s review and acceptance of the
transactional activity in serving as legal counsel to client, the NA shall make
direct contact with the client by telephone (or in person) to conduct a
confidential client interview. From the initial contact, NA shall
establish the attorney/client relationship and determine the applicability and
suitability, or not, of an estate plan for the client.
(a) If, after the
initial client interview, the NA makes a determination that the client does not
need the proposed estate plan, or any other estate planning format offered
through the INSP, then the NA shall submit a Notice of Process
Termination on that client’s CDQ NotePad message ledger.
The NA’s termination notice will serve as an electronic email message to the
INSP parties stating that he has determined that the client’s estate planning
needs cannot be properly served by any estate planning format and/or service
offered through the INSP.
(b) If the NA submits a
termination notice then the NA may, in his own discretion, invoice the client
separately for the legal counsel that he provided to the client notwithstanding
that no estate plan format or planning service was provided to the client
through the INSP.
(c) If the NA determines that
the client needs an estate planning format, or some other documentation, not
available through the INSP then the NA may provide the client with estate
planning documents not offered through the INSP. In such case, the NA
shall (i) notify ITS [and the AA] of the separate transaction by sending
that message through the client CDQ NotePad ledger and (ii) thus authorize
ITS to debit the NA’s account for a “platform/database user fee” in the
amount of Two Hundred & Fifty Dollars ($250). In such case, ITS
Processing shall refund any “proposed” Transaction Fees that may have been
processed from the client’s account.
Step 6 – NA’s approval /
final transaction fee processing. If, after the client interview,
the NA determines that a particular INSP estate plan format is applicable and
suitable for the client then the NA shall enter appropriate (finalized) data on
the CDQ, as necessary, and (re)submit the CDQ to the INSP database –
thereby implementing the “effective and final” Total (Transaction) Fee assessed
to the client. A responder e-Mail Notice is then sent to all parties
verifying the NA’s suitability determination of the proposed estate plan format
relative to the client data on the CDQ – as (re)submitted by the NA.
(a) If, after
(re)submitting the CDQ, the NA determines that the proposed plan requires
additional stipulations to meet the client’s estate planning goals then NA will
make appropriate recommendations by data entries on the CDQ NotePad
Ledger regarding the proper plan format revisions and/or the inclusion of other
stipulating provisions. In such case, ITS Processing shall debit (or
credit) client’s account accordingly, as may be necessary.
(b) The NA’s
(re)submission of the CDQ shall serve as a notice to all parties that the
proposed estate plan format, as listed on the CDQ, is appropriate, suitable and
approved for the client; in such case, the personal client data on the
client’s CDQ shall then be utilized by ITS Admin to generate the client’s
proposed estate plan on behalf of the NA.
(c) Although the NA can no
longer add data or edit the approved CDQ after submitting the same to the
database for processing, the NA may submit Archived Change Requests (ACR) to the
CDQ to accomplish the same. Any such ACR entries are to be submitted by
the NA using the same CDQ NotePad ledger in that client’s CDQ file and
shall be used, correspondingly, in creating the client’s estate plan.
(d) If the effective/final Total
(Transaction) Fee is different than the proposed Total (Transaction) Fee, then
ITS shall credit or debit client’s account accordingly.
Notwithstanding, ITS retains the right to require (additional) fees for
processing work that was not previously required by the effective Total
(Transaction) Fee – such as preparing extra Realty Deed transfer documents and
the like.
Step 7 – Document
generation and pre-drafting. After the NA’s (re)submission of the
client’s CDQ, ITS Processing shall assemble and prepare the client’s
approved legal documents – using auto-text retrieval software for incremental
draft entries and other specific provisions relative to the plan – and then
electronically merge the client’s CDQ data unto the assembled documents.
The assembled trust documents (and other ancillary documents as may be requested
by the NA, including retitlement letters, etc.) are then installed on the INSP
server for the NA’s review and/or editing and subsequent final
approval.
Step 8 – NA’s draft
editing and/or approval. After document review, the NA shall then
either (i) post a final approval – by clicking the “Approval” link in the
client’s CDQ file – regarding the client’s posted legal documents, or (ii)
direct ITS Processing by NotePad messaging as to the change(s) required on
the document(s) before final approval can be made, or (iii) download and edit
the document(s) and email back to ITS Processing.
Step 9 – AA’s delivery &
implementation. Upon completion of the printing, collation, and
assembly of the client’s finalized Estate Planning Portfolio, ITS will ship
the Portfolio documents directly to AA. The AA shall then deliver the
documents to the client and provide all needed assistance to the client, under
the direct supervision and monitoring of the NA, to assist the client with
implementation and funding.
Step 10 – Confirmation of
delivery and implementation. After the delivery and implementation
meeting(s), the AA shall notify the NA, preferably through the CDQ NotePad, that
the entire implementation process has been completed for the client. The
NA shall contact the AA, as well as the client, by NotePad messaging or
telephone for verification that all applicable procedures have been
completed.
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