Do This Before Signing An Agreement With Your Lawyer

We all encounter situations in our life where we are in need of a lawyer. Besides criminal, civil issues pertaining to signing a will, divorce, child custody, and accident claims also involve the intervention of a lawyer.

Well, truth be told, lawyers are the only professionals who know how to work within the law. However, some lawyers will not have your best interests in mind. This is not to say that all lawyers are exploiters, but yes, many of them could misuse your need for a lawyer. Therefore, you must be very cautious while signing an agreement with them.

 

The following are some parameters you should consider before entering into an agreement with an attorney.

Signing An Agreement With Lawyer

Check for terms & conditions

Terms and conditions (T&Cs) are the most essential and frequently ignored part of any agreement. Every contract has T&Cs applicable to it, which form the basic framework governing the contract. Go through the entire contract with a fine-toothed comb. Analyze every clause and find if it’s applicable to you.

Contracts should never contain clauses that require unlawful acts and should abide by state and federal law.

     

    Check for fee structure

    Lawyers differ in the way their respective firms are structured, and this is often reflected in their fee structure too. While seeking a lawyer, it is important to establish a price agreement that fits both your and your lawyer’s needs.

    You must have an in-depth consultation about the nature of the fee and the sliding scale (fee varying with varying conditions) that the lawyer’s fee may involve. The same must be stated in the contract between you and your lawyer. The same lawyer may charge different fees for different cases because every case is different in itself.

     

    Don’t miss out on important legal information.

    Seek clarity from every corner

    This is the most significant element of any contract, especially when it comes to a contract with a lawyer. Lawyers are well-versed in legal terminology, which you may be unfamiliar with.

    Read the agreement carefully and scan for ambiguous words. Many words are not clear enough in the context in which they are used. In such a case, never assume any definitions of dual-meaning words in a contract, especially if you have no legal background. Remember that the legal meaning is very different from the literal meaning. In all such cases, ask the lawyer what that term stands for and in which cases it shall be applicable.

    Some shady lawyers might use such language, which might capture you in a ‘legal trap,’ manipulating you to seek more help from them. The longer you hire them, the more their fee is. Therefore, be thorough with all the clauses before you proceed further.

    Quite often, lawyers transfer their work responsibilities to junior attorneys, paralegals, or even office secretaries. If you suspect someone less knowledgeable is working on your case, ask. Good lawyers will always be transparent with their work.

    Look for blank spaces

    At times, there may be blank spaces in a draft of a legal agreement while using contract templates. But these spaces require special attention in the review phase. Remember that you’re about to sign an agreement prepared by someone else, so all such spaces must be either removed or filled in before the final contract is signed. If not, you may find them filled in later with promises or fees you did not agree to.

    Always have a copy

    Whenever you sign a contract with a lawyer, always retain a signed copy with you for the future. Even when involved in case proceedings, you must always possess a copy of the documents presented in the case. No lawyer can deny you copies of your submitted court documents or contracts. This helps you to reduce future risks and even file complaints in case of legal malpractice by the lawyer.

    Confidentiality is your right

    A good attorney can provide you with vital assistance and do all it takes to win the case. But of course, it will not be possible unless you provide them with all your details. However, it’s worth noting that every lawyer has a legal as well as an ethical obligation to maintain confidentiality of your information, failure of which could land them in trouble.

    No breach of contract!

    While signing an agreement, your lawyer must promise to abide by the terms. But make sure that those promises don’t just remain an oral agreement. Put it in writing. If the lawyer fails to deliver their services in accordance with the contract, leading to a breach of contract, you have the right to challenge them in court.

    If you remain dissatisfied with the contract language and its clauses, or if you find that the clauses included are not lawfully defined, you have the full liberty to postpone signing the agreement. Your attorney cannot force you not to do that.

    What if I cannot review the contract myself?

    You may find it challenging to review the contracts all by yourself, especially when law is not your cup of tea. In that case, you can hire professional contract reviewers who can provide you with basic or comprehensive reviews of your contract.

    In a basic review, they can scan your contract and flag all the risks and issues involved in specific clauses. In a comprehensive review, they go a step further and redraft and offer amendments to the contract to balance it for your interest. This service, of course, comes at a price.

    So, the option is entirely on you. But make sure you do not enter into an agreement with your attorney if they have complete hold of it. A contract is considered valid only when it has the consent of both parties involved.