Massachusetts Lawyer Blog

Often it's tempting to take an legal document found on the internet (sometimes prepared by a lawyer), make a few changes, and recycle the attorney's language to create any number of legal documents. Massachusetts consumers and businesses are smart and think, "Why pay a lawyer in Massachusetts when it's available for free online?" In some cases perhaps they could be right, in others they could be disastrously wrong. The key is to know the difference and that's where consumers and businesses can often fail. Is it worth the risk? Can what you don't know hurt you? Some examples to consider before answering:

LANGUAGE ISSUES

Real Estate Law - A party signs a "Standard Form" Offer or "Standard" Purchase and Sale Agreement, but later learns there were some key changes made to a few important words in the "standard" agreement. Just because it says "standard" don't think it is.

Employment or Discrimination Law - A company fires an employee and offers a severance package. The employee signs the severance agreement and cashes the severance check. Later the employee sues for age discrimination on the basis that the Older Workers' Benefit Protection Act ("OWBPA") was not explicitly followed. Why? Because the severance agreement made reference to 154 employees being affected by the terminations when, in fact, only 152 employees were. A federal court case covered in a Labor & Employment Law Update, Peterson v. Seagate, No. 07-2502, 2008 U.S. Dist. LEXIS 42179 (D. Minn. May 28, 2008), dealt with these facts. Here the employee's release was void, the employee kept the severance money, and the employee could also sue the employer under the Age Discrimination in Employment Act ("ADEA").

Divorce Law - An unsuspecting spouse signs the divorce agreement with all kinds of technical language concerning taxes and other issues which the other spouse has had reviewed by his or her lawyer, but tells you he or she just got it off the internet.

PROCESS ISSUES

In other cases, it's not just the language but also the process that must be followed to insure your wishes are followed.

Will - A parent has two adult children: one is a loving caregiver and the other hasn't been heard from in years. The parent decides to make a will leaving everything to the caregiver. The caregiver signs the will as a witness. Did you know the caregiver could now receive nothing and the other child everything?

Business Law or Trusts - A couple forms an LLC or Trust but fails to follow the steps needed to treat the LLC or Trust as a separate legal entity. The LLC or trust may end up providing no protection and leading to liability which hadn't been properly planned for.

Real Estate Deed - A simple deed is taken from the internet or copied from the public records at the local Registry of Deeds. Names are substituted and the deal goes forward. Later the buyer learns a probate estate matter was involved and the government has a lien against the property. This would have been found if a customary title exam was conducted. Guess who may now be on the hook for the lien amount?

RULES VS. PRINCIPLES

Last night, after a quick run from Weymouth to Hingham and back, I was reading a Law Practice article discussing the difference between our legal system and the U.K.'s approach to electronic evidence and discovery issues ("e-discovery") ("electronic data discovery" or "electronic data disclosure" known as "EDD"). The article contained a comment that I found interesting:

All the interviewees agreed that in the U.K. EDD is principles based, whereas in the United States it's rule based. Everyone believed that this is the biggest difference-and that the principles-based system is better.

While this is a good theoretical point to consider in reviewing this new area of law, it's not a debate you want to find yourself dealing with in a case that involves your interests. As you can see from above, our rules-based laws can lead to results that may not always agree with your principles or your intent. Think twice the next time you cut and paste.  Often when a legal document is involved, there's something of real value at stake.  Most times when a client asks me to look at "something" they found on the internet, it has serious flaws when applied to their specific circumstances.  Luckily, we can fix this before it's too late.  Those who come in after the fact and seeking help -- they don't tend to make the same costly mistake twice.