There have been a growing number of websites and stores that provide pre-printed legal forms to consumers ranging from wills to generic contracts. While these appear to be inexpensive, fast, and accurate resources, there are a number of problems with using pre-printed legal forms. Legal documents are the tools we use to protect our rights and our assets. It is imperative that these tools are utilized properly. There are a number of issues to consider when thinking about using pre-printed forms.
The accuracy and enforceability of pre-printed forms should be the number one concern when considering whether to use them. Pre-printed forms are often very generic and do not address specific issues that may arise when drafting legal documents. Each state has their own set of rules regarding various legal issues. The variations in state law may appear to be minor differences, but often times those variations are the difference between an enforceable document and a useless document. Pre-printed legal forms do not accurately reflect these variations and could lead to a bad document that has no legal effect.
Each individual has different needs to address when drafting documents. Pre-printed forms do not address those needs. Everyone’s goals are different when drafting contracts, wills, or any other legal document. The generic language of a pre-printed form does not address your specific needs and may not adequately protect your rights or accomplish your goals.
The origin of pre-printed forms is unknown. Pre-printed forms do not tell you who created these forms or whether they were created by a legal professional. Only lawyers have the skill and knowledge to create an accurate and enforceable document. Pre-printed forms do not disclose where the document came from or whether the person who wrote it has any legal background.
Another important issue to consider when thinking about using pre-printed forms is that you have no one to fight for you if the document is challenged. These forms often come with disclaimers and no warranties. Disclaimers should immediately raise a red flag. The maker of the document has disclaimed any responsibility over mistakes, they have not addressed your specific needs, and once you buy the form they are completely immune. Having a lawyer draft any documents avoids this problem. You know it will be done correctly, you have someone to fight for you, and you have someone to take responsibility for the drafting of the document.
Finally, consider that saving money right now may end up costing you a whole lot more than just dollars. Using pre-printed forms may seem like a way to save time and money, but if a document is challenged or there is a risk that it is unenforceable, the costs of dealing with it in Court can be extremely expensive and time consuming. Worse yet, the very people you set out to protect and provide for whether you are establishing a succession of business or writing a Will, could end up being the ones forced to settle avoidable and unnecessary legal issues. Taking the time to have an attorney review your individual needs and tailor a document at the start can save you or your family costly legal expenses down the road.
Legal documents are a vital tool to protect many areas of our lives, areas that affect our families, our livelihoods, and our hard earned wealth. It is important that those tools are used accurately and to our advantage to adequately protect and preserve the things we have worked hard to earn and the people for whom we work hardest.
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