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If you are contemplating forming
a Corporation, Limited Liability Company ("LLC"), or Partnership
or are thinking about having a Will or Trust prepared, it is very
important to consider the risks of the cheap, one-size-fits-all
corporation, LLC, will or trust "produced" by paralegals
and Legal Service companies. These "services" often tout
catchy phrases about "saving money" by not using lawyers
without detailing the potential long term consequences of the do-it-yourself
cookie-cutter items they sell.
Every month, I receive at least
one call from an individual who has used one of these type of services,
and who now find himself in a precarious position. Some face huge
fines for failing to comply with certain state laws the paralegal
or Legal Service failed to mention, or in some cases was not even
aware of. Others face potential personal responsibility and liability
for losses they thought they were protected from by the "limited
liability protection" generally afforded to businesses operating
as a corporation or LLC. Unfortunately, merely forming a corporation
or LLC will NOT provide you with that limited liability protection
you sought. And still others find that the trust they paid for was
worthless. Why? Because the Legal Service failed to transfer any
property into the trust. The Result? Long and expensive probate,
which the trust was supposed to prevent.
Such services often do more harm
than good, proving the age old adage "you get what you pay
for." When it comes to preparing your estate plan, forming
your corporation or LLC, or dealing with other important legal issues,
buy yourself peace of mind by consulting with a competent licensed
lawyer who focuses on the relevant practice area involved.
If you have already enlisted the
services of one of these "Paralegal" or "Legal Service"
companies, have a licensed corporate, or estate, attorney review
the documents and alert you to any potential problems, or short
falls.
If you are still contemplating the
use of a Paralegal or Legal Service because you feel you cannot
afford a lawyer, seek out the help of legal aid, or at least consult
with an attorney before proceeding. This initial consultation should
take no more than one hour, and should cost no more than $300.00.
During the consult, you can explain what you are proposing to do
and ask the attorney for his or her recommendations. You might also
ask what the attorney would charge to review the documents once
they have been prepared. Unfortunately, the later is not the best
method by which to proceed as often it will cost more to fix any
problems created by the Legal Service, than it would have to go
to an attorney in the first place.
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DISCLAIMER:
This article has been prepared by Melissa C. Marsh for the
benefit of clients and friends. Although prepared by a professional,
this article should not be used as a substitute for legal
advice because your specific factual circumstances may differ,
the laws of your jurisdiction may differ, your specific
situation may require different advice, or the laws may
have changed. Readers should not act upon the information
contained in this article without first seeking the advice
of a local licensed and practicing attorney.
If you have questions
relating to this article, please call (323) 655-1002 or
email: mmarsh@yourlegalcorner.com.
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