There’s a big company that advertises, using a near-familiar face, about the ease of using their forms to incorporate a business, write a will, or even obtain a divorce. The company proclaims that these forms will save you money and virtual success in the project. Another Oklahoma-grown company focuses it’s operations on providing pre-paid legal services to it’s members, in exchange for a modest monthly fee. Both companies guarantee the accuracy of their products and services, and have found a niche in the marketplace.
While I don’t disagree with the methods or models of either business, there is some opportunity to be cautious about these companies. Firstly, it’s not the documents you’re paying for when you hire an attorney. Most attorneys use forms to draft wills and trusts, business incorporation, and divorces. Admittedly, probably 80% of the document drafting our firm does is recycled from previous clients, cases, or events.
The reason you’re hiring an attorney is to give yourself a hedge against potential future attacks. A monkey can draft a will. However, a monkey cannot review recent state supreme court opinions and case law to let you know that your goals and methods are flawed. You’re paying an attorney to provide some minimum affirmation of the correct rules and principles necessary to obtain a particular result.
Moreover, the attorney will be intimately familiar with your situation, and quite simply, more focused on helping to protect you in the future. I have seen a few instances where an individual pulled a document from the internet and filled in the blanks, only to learn that the document was invalid and did exactly opposite of what the creator intended. It’s vitally important, especially when drafting wills, that you follow prescribe rules to achieve the particular results. An attorney will know of these state and/or federal nuances and be able to address them for you.
In regard to pre-paid legal services, I think these are a wonderful idea, and a local company is making quite a name for itself selling the services. Our firm offers a similar flat-fee based service for our business clients who choose to retain the firm on a yearly basis in return for our "Prestige Business Services." Our clients receive priority treatment and unprecedented access to attorneys. In short, our business clients receive an on-call attorney who will answer questions, review documents, and handle litigation for a fraction of the normal costs.
However, I’ve found one drawback to these types of services: cost. Many times you’re paying monthly fees that rarely amount to the number of legal questions you’re faced with. A typical plan may cost $40 per month, but you may only use the attorney’s services 1 time per year. An average 1 hour legal consultation may cost between $150 to $300. Many smaller firms will even offer free consultations or discounted/shorter consultations for document review and other issues.
It’s certainly up to you to decide what’s best. If you’re savvy (brave) enough to handle drafting of legal documents without consulting a professional, go for it! Additionally, if you’ve found a good pre-paid legal service you’re happy with, keep using it. Just remember, sometimes you’re risking a lot to save a little.
