The Importance of Having An Attorney on “Unimportant” Matters

Many times in both our business dealings and our personal dealings, we think we can handle our own affairs. To a great extent, we are right. Well, how many times have you simply signed something without reading it fully? Or signed something you don’t fully understand?

Routine agreements can create obligations

The situation may seem so innocuous, common, and straightforward that we don’t take the time to think about it. We grab the pen and sign away. The matters seem so unimportant.

Leases? Sure, we all sign them and get ready to move in (apartment or house rental), or drive away (auto lease).

Home improvement contracts? Why not, the contractor seemed so honest and sincere.

Loan agreements? I’ve been a bank customer for years, and the loan officer has always been polite and cordial to me.

These aren’t the only examples, but you get the idea. Let’s go a little deeper:

Contract terms that deserve review

● But, in that lease agreement, there’s a section that mentions “force majeure,” and when a storm causes damage to the rental property, what are your rights under that section?

● And, in that home improvement contract, there’s a start date but no end date, and no penalty for late or unreasonably late performance. What does “unreasonably” mean?

● Or, in that loan agreement, there’s an attorney’s fees clause in the event of default. Does that mean your attorney or the bank’s attorney, and might you have to pay for the bank’s attorney, too?

The point is you considered the matters “unimportant” and chose to follow your own counsel on them. It happens all the time, and maybe you’re one of those people who can identify with those common examples.

At the beginning of a relationship such as in those examples, everything is good, everyone is feeling good, and we’re caught up in the moment. We have a new residence or are driving a new car, having our house improved, or getting the financing we need. We’re optimistic and enthused.

Things can change, though, and in ways, we did not anticipate. What seemed so good in the moment has turned into something bad, and we now have a problem to solve.

When to seek legal advice

The importance of having an attorney on what seems to be an “unimportant” matter is so that the matter doesn’t suddenly and surprisingly become important.

Your attorney’s job is to anticipate the worst-case scenarios, make plans for them, and then hope those plans don’t have to be carried out. It is better to have made those worst-case scenario plans and never need them than it is to need them and not have them.

Before signing, read the document and make sure you understand its obligations, deadlines and consequences. A lawyer’s experience is not a substitute for reviewing the actual terms; identify the scope of any requested review and raise unclear or unexpected provisions before signing.

Even if it is just to have the import of a document explained to you so that your decision to sign can be fully informed, it is wise to have your attorney review any document you are about to sign. The few dollars you pay for that review might very well save you many dollars later.

When you need that help, have Blumsack & Canzano perform that due diligence for you to protect you from both yourself and those on the other side of that document. We’ll explain your rights and responsibilities to you under that document and help you make a smart decision.

For help reviewing a document, arrange a consultation and provide the complete agreement and relevant background. Legal review can identify and explain risks, but cannot guarantee that a matter will never become disputed.

Legal Disclaimer. Originally published: 03/29/2022. This article provides general information only and is not legal advice for any particular matter. Laws, policies, procedures, fees and agency practices may change; their application depends on the facts and jurisdiction. Consult a qualified attorney about your circumstances before acting on this information. Reading this article or contacting Blumsack & Canzano does not, by itself, create an attorney-client relationship. Past results do not guarantee future outcomes. This material may be considered attorney advertising in some jurisdictions.