Legal documents are the cornerstone of our society, serving as the foundation for agreements, contracts, and personal arrangements. However, there’s often a misconception about what makes a legal document truly valuable.
The first and most basic aspect of a legal document is its enforceability. This refers to whether the document meets the minimum standards required by law to be considered valid and binding. Achieving this baseline is relatively straightforward. It requires understanding and following the relevant rules of law, and the document must be executed as required by these rules.
For example, a will might need to be signed by the testator, witnessed by two people, and signed by the witnesses in the physical presence of the testator. Meeting these requirements is often within reach of a non-lawyer who can read and interpret the relevant laws or codes. However, this is just the tip of the iceberg when it comes to creating a truly effective legal document.
The second, more complex aspect of legal documents is their effectiveness in achieving the intended goals. This is where the expertise of a seasoned lawyer becomes invaluable. Consider the following scenario:
A person creates a will that meets all the basic legal requirements. In this will, they gift their residence to a beneficiary with instructions to “keep it in the family.” While this document is legally enforceable, it fails to achieve the testator’s intent. Once the beneficiary receives the gift outright, there’s no legal mechanism to control what they do with it.
This example illustrates the gap between a document that is merely enforceable and one that effectively accomplishes its intended purpose. A skilled lawyer could suggest alternative methods to achieve the testator’s goal, such as creating a testamentary trust.
Let’s consider another real world example, a common question in the context of premarital agreements: “Should I list out my assets, or can I just say ‘accounts under my name’ to define separate vs. marital property?”
From a purely legal standpoint, a premarital agreement can be enforceable if it is signed by both parties and both parties are fully informed of each other’s assets. You don’t even need to reference specific assets to meet the baseline for enforceability. However, this approach may fall short when it comes to effectively protecting your interests.
Imagine a scenario where you’re trying to enforce a premarital agreement that simply states “things under my name are separate property” during a divorce proceeding. This vague language could lead to disputes over what exactly constitutes “things under my name.” Other challenges could include how to handle assets that have changed form or ownership structure since the agreement was signed and how to treat mixed assets or those acquired during the marriage.
A more effective approach would involve clearly listing and valuing assets at the time of the agreement, defining how future acquisitions, inheritances, or changes in asset value will be treated, outlining specific procedures for maintaining the separate nature of property, and addressing potential scenarios that could arise during the marriage.
When you hire a lawyer to prepare a legal document, you’re not just paying for something that will hold up in court. You’re investing in years of experience in drafting similar documents, a thorough understanding of case law in the relevant jurisdiction, experience in handling disputes arising from similar documents, and the ability to anticipate potential issues and address them preemptively. This expertise allows lawyers to create documents that are both legally enforceable and effectively accomplish your stated goals.
While creating a legally enforceable document is an important first step, it’s only part of the equation. The true value of a legal document lies in its ability to effectively achieve your goals and protect your interests. This is where the expertise of a skilled lawyer becomes invaluable, transforming a basic legal document into a powerful tool that stands the test of time and scrutiny.
When considering legal documents, remember that enforceability is the floor, not the ceiling. Strive for documents that not only meet legal requirements but also provide the protections and guarantees you truly need.
