How Do I Prepare for An Effective Legal Consultation With A Lawyer?

If you're lucky enough, you might make it through your entire life without ever having to hire a lawyer. Unfortunately, lawyers are everywhere and we've embedded ourselves in many aspects of society, so that it's practically impossible to avoid hiring us for something. If you want to avoid any troubles with buying your first house, you hire a lawyer. If you want to write a will and ensure that your assets and family are protected, you hire a lawyer. So, when the day finally arrives that you've found yourself in a situation that requires a lawyer, it's important that you come prepared to your first legal consultation, so that the lawyer is in the best position possible to provide the advice, counsel and support that you're seeking.

Force Majeure Clauses: Does the Coronavirus Excuse Me From Performing My Contractual Obligations?

Black’s Law Dictionary defines “force majeure clause” as “a contractual provision allocating the risk if performance becomes impossible or impracticable as a result of an event or effect that the parties could not have anticipated or controlled.” Among the countless questions that have been raised during the coronavirus pandemic, one that seems to pop up frequently is whether the coronavirus is grounds for allowing a party to avoid performing their obligations under a contract. The answer really depends on the language in the contract and how New York law interprets these clauses, which unfortunately, is quite narrowly.

Are Verbal Contracts or "Handshake Agreements" Valid?

Every valid, enforceable contract has three key components: (1) An offer, (2) an acceptance of that offer, and (3) consideration, i.e., a benefit which must be bargained for between the parties. The benefit can be money, a promise to do something or a promise to refrain from doing something. When two parties discuss entering into a contract, most people picture a large stack of paper with all the specifics and details hammered out, the attorneys are in the room and the parties are there to sign that paperwork, which is the physical embodiment of their months of long, drawn out negotiations.

Should I Use a Will or Contract Template that I Downloaded Off the Internet?

So, you want to write your own will or you’re in a bind and need a contract, should you use a template that you downloaded off the internet? Maybe, but your safest option is to proceed with caution.

While the internet has made it easier than ever before to have access to free legal templates, it has also created an outlet for increased exposure to legal liability. Besides the ease and affordability of downloading a template, the risks often outweigh the benefits. Choosing to prepare your own will or contract is certainly legal; however, that doesn’t mean you shouldn’t still consider the risks of dismissing professional legal assistance.

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