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"You Don't Need A Lawyer"by Charles C. Keller, EsquireLawyers have learned to endure bad lawyer jokes and nasty E-mail references. But what really infuriates them is to be consulted by a troubled client who was misled or intimidated into bypassing or waiting too long to seek legal help. A recent conversation with a friend is illustrative. He paid a good price to a developer for property. The developer provided the deed and a closing company, which also obtained title insurance for him. Then he applied for a mortgage. A second title insurance company found the deed had not been recorded timely. Recording was further delayed because of a technical problem in the deed. The mortgage company misplaced the papers for two weeks and its closing was delayed. By this time, the contractor notified the homeowner that the 60-day delay had resulted in a $7,000.00 increase in construction costs. AT NO TIME DID MY FRIEND HAVE THE ADVICE AND PROTECTION OF A LAWYER WHO WAS WORKiNG JUST FOR HIM!! Repeated errors obviously occurred, and timely corrections could have been made but were not. He probably has a right to recover damages, but the time and cost of a lawsuit against multiple parties may not be cost effective. Rarely have I seen a better example of the old adage -"AN OUNCE OF PREVENTION IS WORTH A POUND OF CURE." But it is not just in the real estate, financing, and the construction areas that people are urged, "You don't need a lawyer." In business and commercial transactions, estate planning, family difficulties, accidents resulting in injury, even criminal matters, there are those who advise against getting your own lawyer. And we see more and more "scams" directed at senior citizens. They are often attractive, even convincing. Today one can commercially obtain forms (and instructions) to draw Wills, Advance Directives, corporate and business documents, living trusts, and applications and contract forms for anything. Lawyers spend a distressing amount of time undoing difficulties arising from the use of the wrong forms, documents that don't follow Pennsylvania law, or straightening out the client's planning. All of which leads to three crucial questions: FIRST, WHO NEEDS A LAWYER? Sooner or later, everyone needs a lawyer. Many people only think of seeing a lawyer after a legal problem develops. But the best time to consult a lawyer is before, not after the problem appears. SECOND, WHEN DO YOU NEED A LAWYER? Common situations where you should have your own lawyer include:
But the pleadings, documents, contracts, etc. they prepare for you will fit YOUR needs under Pennsylvania law; none of this "One Size Fits All" business! Some people are frightened by attorney's fees. Abraham Lincoln once emphasized the value of a lawyer's services when he said, "A lawyer's time and advice are his stock in trade." Fees, particularly outside metropolitan areas, are usually quite reasonable. Many are limited by the law or the courts (i.e., title searching fees, estate administration fees, fees in administrative law matters, etc.). To assure fairness, the Pennsylvania Supreme Court requires a lawyer to have a representation agreement with every client in which the fee arrangement is clearly stated, whether flat fee, hourly, or contingent fee understanding. In any event, the cost of possible fees should always be balanced against the harm you have suffered, the benefits you seek and the risks you take. And YOU strike this balance. My purpose in penning this piece is to encourage people to avoid my friend's innocent mistake. In the commercial world in which everyone else has his own interest to protect, don't let anyone tell you, "You don't need your own lawyer." |
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