Thursday, January 12, 2012

There is No Such Thing as "One Size Fits All" Legal Advice

            Forgive me for a moment as I am clearly straying from the topic of debt/bankruptcy/money management with this posting.  However, I have seen several examples of late of those who wasted good money on "forms" from the internet or though buying a DVD set or even by buying a form agreement at a store.  This includes you Suze Orman (I am a fan of hers for the most part but don't like when she gives legal advice or sells estate planning packages on DVD).

           I am afraid that in my opinion there is no "free lunch" to speak of in the legal world.  The one caveat to that, of course, would be a parent who paid his or her child's way through undergrad and law school...I'm pretty sure that you should be entitled to some free legal advice.  But outside of a very close family member being an attorney I submit that it is always better to seek reasonably priced legal services than to search the internet for answers, to buy a form at a store or to order a dvd set offline and I'd like to explain why I believe this to be true.

        The reason it is best to find cost-effective legal representation is because no two legal problems are the same.  No two situations require the same exact wording in an agreement as another.  As the title states, there is no such thing as "one size fits all" legal advice.  Because at the end of the day if the form you downloaded from the internet or purchased from a store actually was the correct form (doubtful), then do you really know how to fill it out?  Do you really understand what you are signing?  Do you know that you are protected by the agreement in the event the other party doesn't do what you believe they should do?

         I'm going to go ahead and guess that your answers to the above questions are "no."  The reason that I know this to be true is that at Halcomb Singler, LLP, we often have people come in for a consultation because they have an issue with one of these agreements, estate planning documents or other forms that they completed without the assistance of an attorney.  In most of these situations the potential client would have spent far less on attorneys fees if they had contacted a lawyer in the first place to effectuate their agreement, estate plan, deed, etc.  But once toothpaste is out of the tube it is much more difficult (and therefore much more expensive) for a lawyer to fix the situation.

        We have seen a lot of crazy attempts at armchair lawyering including filling out a mortgage "form" when the parties intended to enter into a land sale agreement, people who believe signing a contract with a code section after they name makes the agreement void, a person who downloaded a form for a will from and then failed to execute it in the manner required by Indiana law.

         The bottom line is that every person's legal situation is vastly different from the next.  At Halcomb Singler, LLP, we sit down and meet with clients to find out what legal need that they have, to discuss it with them to make sure that we present any available options and then to allow them to choose the option that they believe is best for their legal needs and bank account.  We understand that very few individuals or small businesses can afford thousands of dollars in legal fees and we do what we can to keep our fees low or charge a flat fee when possible.  And the best news is that there are many, many lawyers and law firms who operate in the same manner who represent mostly small businesses and individuals and are not sending out a bill for several thousand dollars each month.

        I know it seems easier to try to save a few bucks on the front end of a legal transaction by attempting to do it yourself or to buy a one size fits all legal solution.  However, I urge you to consider finding an attorney with whom you feel comfortable to review your situation and advise you of your options.  I think in many cases you might even be pleasantly surprised by the fee.

Halcomb Singler, LLP, is a debt relief agency.  It helps people file for bankruptcy under the bankruptcy code.  No attorney-client relationship with the firm of Halcomb Singler, LLP, is created through this blog. Also, please note that Erika Singler is an attorney licensed in Indiana and does not seek to practice law in any jurisdiction in which they are not properly authorized to do so.  The information contained in this blog is general in nature and should not be relied upon for the circumstances of any individual(s) or businesses.

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