March 23, 2022

Gregory & Cheryl Noem

43196 197th Street
DeSmet, SD 57231

Re: Estate Planning

Dear Gregory & Cheryl:

Thank you for selecting Legacy Law Firm, P.C. to represent you as legal counsel. We look
forward to working with you to achieve your estate planning goals. This letter and the enclosed
Terms of Engagement detail the terms of our proposed attorney-client relationship.

As we discussed during our initial meeting, the firm requires you to sign an engagement
document to establish:

▪ The scope of our representation;

▪ The obligations we have to each other for disclosure and confidentiality;
▪ Our duties if you become disabled; and
▪ Other administrative information.

This standard Terms of Engagement will apply to our representation of you in your estate
planning matters. We appreciate your comments on the timeliness, quality and cost of our legal
services. You should always feel free to contact us if you have questions about our work.

If the foregoing correctly reflects your understanding of the terms and conditions of our
representation, please indicate your acceptance by executing the enclosed copy of this letter in the
space provided below and return it to our office.

We are honored to have this opportunity to represent you.

To Your Life and Your Legacy,

LEGACY LAW FIRM, P.C.

Bobbi L. Thury
Bobbi L. Thury
For the Firm
BLT:skh
Enclosure
7404 S. Bitterroot Place │ Sioux Falls, SD 57108
PHONE 605-275-5665 │ FAX 605-275-5667 │ www.LegacyLawFirmPC.com
 

D oc I D : f b0447b728ea172af 8b6b1d411f 68260836308f e

 REQUEST AND AUTHORIZATION TO PROCEED
WITH ESTATE PLANNING SERVICES

WE HAVE READ THE FOREGOING AND REQUEST THAT YOU PROCEED WITH
OUR ESTATE PLANNING, AND WE AGREE TO THE TERMS OF ENGAGEMENT.

Greg Noem

03 / 23 / 2022

Date

Cheryl Noem

03 / 23 / 2022

Date

D oc I D : f b0447b728ea172af 8b6b1d411f 68260836308f e

  
 

AUTHORIZATION TO RELEASE INFORMATION AND RECORDS

TO LEGACY LAW FIRM, P.C.

I, the undersigned, am working with Legacy Law Firm, P.C. for estate planning and I
hereby give my consent to and authorize my Financial Planner, Insurance Professional,
CPA/Accountant, Stockbroker, Stock Transfer Agent, Banker, Attorney, or other trusted advisor
to release to Legacy Law Firm, P.C., any and all information regarding all financial assets and
taxes, including any information in regards to stocks, bonds, certificates of deposit, bank accounts,
tax returns, retirement accounts, pension plans, mortgages, or any other documents related to my
assets.

I hereby release my Financial Planner, Insurance Professional, CPA/Accountant,

Stockbroker, Stock Transfer Agent, Banker, Attorney, or other trusted advisor from any liability
for releasing the above referenced information to Legacy Law Firm, P.C. in reliance on this
consent.

I HAVE READ THE FOREGOING AUTHORIZATION FOR RELEASE OF INFORMATION

AND RECORDS AND DO VOLUNTARILY SIGN MY NAME TO THIS DOCUMENT.

______________________________________
Greg Noem

______________________________________
Cheryl Noem

03 / 23 / 2022
______________________________________
Date

D oc I D : f b0447b728ea172af 8b6b1d411f 68260836308f e

  
 

AUTHORIZATION TO RELEASE INFORMATION

You have engaged us to assist with your estate planning matters. We cannot release
information related to your estate plan to non-clients without your authorization to release
information. Consequently, if you desire us to share information and to be able to discuss your
financial and estate planning situation and any recommendations we may have directly with certain
individuals, please designate the individuals with whom you would like information shared by
listing them below:

Name: Relationship:
J ohn N oem Son
1. _______________________________________ ______________________________
T rac y N oem Son
2. _______________________________________ ______________________________

3. _______________________________________ ______________________________

4. _______________________________________ ______________________________

5. _______________________________________ ______________________________

6. _______________________________________ ______________________________

By signing this Authorization to Release Information you are allowing us to speak to the
aforementioned designated individuals as if we were speaking to you. We will not begin drafting
any estate planning instruments or take any estate planning steps without speaking to you first and
being authorized by you to do so.
03 / 23 / 2022
Dated this ____ day of ______________, 2022.

__________________________________________
Greg Noem

__________________________________________
Cheryl Noem

D oc I D : f b0447b728ea172af 8b6b1d411f 68260836308f e

  
 

DUAL REPRESENTATION

Legal ethics require that you be given an explanation of “dual representation” and that we obtain
your consent before we undertake dual representation. Dual representation occurs when a lawyer
represents two or more clients at the same time on the same matter. You may have differing
interests, if not potential or actual conflicts of interest. These differing interests may affect the
lawyer’s ability to serve each of you with independent legal advice. For example, you may have
differing desires regarding the titling of property during life or the disposition of property after the
death of either of you. If each of you had a separate lawyer, each of you would have an “advocate”
and would receive totally independent advice.

On the other hand, in amicable circumstances, where each of you apparently share the same
objectives, the use of one lawyer or firm can assist in developing a coordinated overall plan,
encourage the resolution of possible differing interests, and, of course, produce cost savings and
efficiencies.

With regard to client confidences, each of you should realize that the lawyer or law firm cannot
keep information confidential between you, since the lawyer is serving both of you. Therefore, by
requesting dual representation, each of you is authorizing the lawyer and law firm to reveal each
of your incomes, assets and liabilities, contents of documents and other disclosures and
information to the other.

After considering these factors, each of you must decide whether the lawyer and law firm will
continue to represent both of you in connection with your estate planning and related matters. If
in the future either of you wishes to have the advice of a separate lawyer, you can do so. Finally,
upon the request of either of you, we are obligated to withdraw from representing both of you.

CONSENT TO DUAL REPRESENTATION

We have reviewed the foregoing information. Each of us realizes that there are areas where our
interests and objectives may differ and areas of potential or actual conflicts of interest. We
understand that each of us may retain a separate lawyer in connection with our estate planning and
related matters. After careful consideration, each of us consents to dual representation and requests
that Legacy Law Firm, P.C. represent both of us.
 
03 / 23 / 2022
  Dated this _____ day of ___________, 2022.

            __________________________________________
Greg Noem

__________________________________________
Cheryl Noem

D oc I D : f b0447b728ea172af 8b6b1d411f 68260836308f e

 TERMS OF ENGAGEMENT
This Terms of Engagement establishes the relationship between you and Legacy Law Firm, P.C.
for your estate planning. The Terms of Engagement explains the scope of our representation; the
obligations we have to each other for disclosure and confidentiality; our duties if you become
disabled; and other administrative information. We are honored that you have selected Legacy
Law Firm, P.C. to assist you in developing and implementing your estate plan. We appreciate the
high level of trust and confidence you have placed in us by allowing us to assist you in this very
important endeavor.

The Scope of Our Representation

An estate plan is more than just documents. It is the culmination of a process of determining your
goals and objectives, educating you about your options, and counseling you to help you determine
the best method of achieving your goals. Our attorney-client relationship is strictly limited to legal
services in your estate planning matters. You understand that you are not relying on us for
investment, accounting, tax returns or valuation decisions, or to investigate the character or credit
of persons or firms with whom you may be dealing (such as insurance companies or investment
advisors) unless otherwise specified in the letter. We will advise you of developments as necessary
to perform our services and will consult with you as necessary to ensure the timely and effective
completion of our work.

The Obligations We Have to Each Other for Disclosure and Confidentiality

(See Attached Privacy Policy Notice)

Disclosure
Estate planning is an important and highly personal matter. To be successful, estate planning
requires that you disclose information to us about your family relationships and about your
financial affairs that you will most likely regard as highly confidential. Estate planning may also
require you to make some difficult decisions. You agree to provide us with all factual information
and materials necessary to perform our services, and that you will be responsible for making
decisions and determinations on matters not involving legal determinations as necessary for your
estate planning. We urge you to make a complete disclosure of your financial matters and your
intentions concerning the disposition of your estate, because a failure to do so could make it
impossible for us to give proper advice to you. We cannot be responsible for undesired
consequences caused by your failure to disclose information to us.

Confidentiality
The professional ethics rules require us to keep all information that you disclose to us confidential
and not disclose it to persons outside Legacy Law Firm, P.C. without your permission. The lawyer
who is primarily responsible for your estate planning work may need to disclose information about
your affairs to other lawyers and paralegals within Legacy Law Firm, P.C. to best meet your needs.

D oc I D : f b0447b728ea172af 8b6b1d411f 68260836308f e

 

If other professionals not in Legacy Law Firm, P.C. are working with us on your estate planning
with your permission (such as your accountant, a bank trust officer, a financial planner, an
insurance agent, or another law firm), you agree that we may disclose information to them as
necessary to allow them to fulfill their role in your estate planning. We will use our judgment in
making disclosures to these other professionals; unless you instruct us otherwise, you agree that
we may disclose information to them as we decide is necessary for your best interests.

Our Duties if You Become Disabled

The professional ethics rules authorize us to attempt to continue a normal attorney-client

relationship with you if you become unable to make sound decisions about the matters you have
retained us to advise you about.

The law permits you to appoint an authorized agent to act on your behalf. For example, you can
appoint an attorney-in-fact under a durable power-of-attorney document. The authorized agent
can continue to act on your behalf even if you later become unable to make your own decisions.
If the authority that you give to the authorized agent is broad enough, the authorized agent can
make decisions for you concerning your estate planning and any other matters that you have
retained us to advise you about. For example, that authority could include that ability to make
gifts of your assets during your lifetime (and perhaps include the ability to make gifts to this
authorized agent), and to execute contracts and agreements on your behalf.

If you have designated an authorized agent to act on your behalf under a power-of-attorney
document or some other arrangement, and if in our judgment that authorization is broad enough to
include the authority for that person to instruct us on your estate planning or any other matters that
you have retained us to advise you about, you agree that we can continue to represent you in your
estate planning or those other matters, and that we may rely upon the communications and
instructions from your authorized agent. You also agree that we may communicate with your
authorized agents and disclose information to them that is relevant and necessary to allow them to
make informed decisions on your behalf, including information that has been communicated to us
by you that is protected by attorney-client confidentiality.

We reserve the right to refuse to act upon your authorized agent’s instructions and instead to take
whatever action that we reasonably believe necessary to protect your interests if we reasonably
believe that your authorized agent does not have the authority to act on your behalf in the matter
that we represent you on, or if we reasonably believe that your agent is not acting in your best
interests or in furtherance of your objectives as we understand them.

D oc I D : f b0447b728ea172af 8b6b1d411f 68260836308f e

 Administrative Information

Appointments
We see our clients by appointment. Our normal office hours are 8:00 a.m. to 5:00 p.m. Monday
through Thursday, 8:00 a.m. to 12:00 p.m. Friday, and appointments are available at other times if
necessary. Please call the office if you will be late or if you need to cancel the appointment. If you
must see your attorney on an urgent matter, please call ahead and we will try to accommodate you.
When you call, give the receptionist a brief description of the problem and make them aware that the
matter is time sensitive.

Questions
If you have a legal question, please do not hesitate to call your attorney. Sometimes our support staff
may be able to assist you on matters such as hearing dates, account information, and gathering
information that has been requested of you. But please be sure that you only request legal advice
from our attorneys. Our work requires us to give our full attention to the legal matter at hand.
Oftentimes, your attorney will be in the office but unable to take your call. Please give the
receptionist or your attorney's secretary an idea of the nature of your call, they may be able to help
you. We will make every effort to return your call with reasonable dispatch.

Investment
You will not be billed hourly for consultations (whether in person or by telephone) or for any other
work or services performed in furtherance of designing or implementing your estate plan unless
otherwise specified in the letter. Prices we charge are based upon a relative value unit assigning
weight to the procedures performed, level of skill required, personnel time, and the sophistication
of techniques and tools utilized. After learning more about you and your goals, we will provide
you with a general base estimate in our initial meeting. After the design meeting, we will provide
you with a price established by the plan options selected. This price includes the time for analyzing
and planning for preservation of assets and loved ones; managing assets and investments as well
as estate and income tax considerations; designing, preparing, executing, and implementing your
estate plan. In addition to our legal prices, we will be entitled to payment or reimbursement for
costs and expenses incurred in performing services such as advances we make on your behalf for
filing fees, deed preparation fees for states we are not licensed in, deed recording fees, etc.

We require one-half of the price for your estate plan upon our completion of the design of your
plan (the “initial payment”). This initial payment will have been earned upon our completion of
the design and custom blueprint of your unique plan; therefor, in the event you elect not to proceed
with signing your plan, we will retain the initial payment for services rendered. The balance and
any additional advances or costs, such as for deed recording fees, will be payable upon the
completion and receipt of your estate planning portfolio.

D oc I D : f b0447b728ea172af 8b6b1d411f 68260836308f e

 

Disclaimer of Guarantee
Nothing in this agreement or any statement by an attorney or staff member of our office will be
construed as a promise or guarantee regarding the outcome of your matter. No attorney or staff
member of our office makes any such promises or guarantees. Any statement regarding the
outcome of your matter is an expression of opinion only.

Estate Plan Defense Services

An heir or beneficiary may try to contest, modify, or otherwise assert the invalidity of all or a
portion of one of your estate planning documents. We may be deposed, called as a witness, and
otherwise forced to spend time defending the validity of your estate plan documents. If we
render any such estate plan defense services, whether voluntary or involuntary, your estate
and/or the trustees of any trust which becomes irrevocable due to your death, as your successors-
in-interest, must fully compensate us at our hourly rates in effect at that time, and for all related
out-of-pocket costs.

PRIVACY POLICY NOTICE

Attorneys, like other professionals who advise on personal financial matters, are now required by
federal law to inform their clients of their policies regarding privacy of client information.
Attorneys have been and continue to be bound by professional standards of confidentiality that are
even more stringent than those required by this new law. Therefore, we have always protected our
client's right to privacy.

In the course of providing our clients with legal advice, we sometimes receive significant personal
financial information from our clients. If you are a client of Legacy Law Firm, P.C., you should
know that all information that we receive from you is held in confidence, and is not released to
people outside the firm, except as agreed to by you, or as required under applicable law.

We retain records relating to professional services that we provide so that we are better able to
assist you with your professional needs and, in some cases, to comply with professional guidelines.
In order to guard your nonpublic personal information, we maintain physical, electronic, and
procedural safeguards that comply with our professional standards.

D oc I D : f b0447b728ea172af 8b6b1d411f 68260836308f e

 Audit Trail

Title
Legacy Law Firm, P.C. has sent you a document to review and......
File Name
Noem - Estate Pla...of Engagement.pdf
Document ID
fb0447b728ea172af8b6b1d411f68260836308fe
Audit Trail Date Format
MM / DD / YYYY
Status Signed

This document was requested on app.practicepanther.com and signed on app.practicepanther.com

03 / 23 / 2022 Sent for signature to Gregory & Cheryl Noem

22:32:04 UTC (noemgreg@gmail.com) from noemgreg@gmail.com
IP: 24.220.10.114

03 / 23 / 2022 Viewed by Gregory & Cheryl Noem (noemgreg@gmail.com)

23:13:33 UTC IP: 66.115.254.199

03 / 23 / 2022 Signed by Gregory & Cheryl Noem (noemgreg@gmail.com)

23:22:58 UTC IP: 66.115.254.199

03 / 23 / 2022 The document has been completed.

23:22:58 UTC