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From time to time people ask whether they should hire a lawyer. They don't want to pay for legal services because "lawyers are expensive." One way to think about the value a lawyer brings to your situation is to consider whether you would want an engineer to build a bridge, or whether you would want a doctor to perform your surgery. Of course, you could do everything yourself, but would you get it right? And if you don't get it right, are you prepared for the consequences? The TV show "Home Improvement" comes to mind as I think about "Tim the Toolman" tackling projects around the home. Often, the consequences of doing things yourself are more expensive than hiring a professional.
There are document services out there that will sell you legal documents (which, by the way, we are not saying is good or bad; we don't endorse products). One of the popular online services is www.legalzoom.com. Other products include software programs and self-help books. Although we do not know how all of these services work, for the most part these services will sell you a document such as a Will, a deed or a contract after you tell them what you want. Most of these services do not include a consultation with a lawyer. In fact, the terms and conditions on LegalZoom's website says "At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation. LegalZoom and its services are not a substitute for the advice of an attorney."
So, what does this really mean? Does it mean the service or product won't work? The answer is we don't know and we won't know until it is tested in court. Ultimately it means you are probably serving as your own lawyer. You are deciding what documents you need, no matter how complex your situation is, and the service may be selling you a one-size-fits-all solution. Further, if you need legal advocacy, a document service or a software program can't help. Since you are selecting the document without legal advice, it may or may not be the document that would serve you best. Finally, we are not aware of a service that will go to court to defend the documents they sell you.
When you hire a lawyer, you are hiring someone who has the education and experience to identify problems and assist you. You are also hiring someone who will help you enforce your rights. As a general rule, you are not paying for documents. Instead, you are paying for that lawyer's time and advocacy. So, when you think about whether it's worthwhile to hire a lawyer, the question you have to ask is whether you want professional help or whether you're willing to accept the consequences of fixing things yourself.
If you are looking for an Elder Law Attorney, you can locate one in your area by visiting the National Academy of Elder Law Attorneys website at www.naela.org.
© 2004-2008, Elder Law Practice of David L. McGuffey, LLC
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