your SPANISH LAWYER in NEW ZEALAND
It is very frustrating for a lawyer when a client comes with a problem, looking for legal solutions and the fact is that there is none. In most cases is because the documents signed make the case for the other party (regardless what was privately agreed which can’t be proven and is not legally supported by documents).
I can’t emphasize enough the importance to consult a lawyer on time, before committing to a contract, whatever kind of contract it is.
Many contracts which appear standard may be negotiated beforehand. A simple employment agreement can be very damaging if it contains certain restrictions applicable at the end of the employment relationship (i.e. a restraint of trade). Despite the contract having a clause recommending seeking legal advice, 99% of the employees sign without knowing the scope of certain terms and conditions.
The same can be said of investing in a business. This decision is risky and the lawyer, who has the experience of all those cases that went wrong, may take some precautions in negotiating the agreement and/or give advice as to how to protect the position of the client to avoid pitfalls.
In the real estate business, there is a trend to buy and sell privately (without the intervention of a real estate agent). However, despite the amount of money on stake, not many people make an appointment with a lawyer to get information before signing an agreement. Logically the consequence is that once signed it can be impossible to fix the problem.
The same applies to matrimonial crisis, deceased states or asset planning.
I have never questioned my clients’ ability to understand the content of a contract. But it is necessary to take into account that the lawyer is a professional who constantly deals with problems and therefore, from his/her expertise, may anticipate future problems and explain the risks of a transaction or negotiate the necessary amendments to an agreement to minimise the risks.
The cost of an appointment prior to signing an agreement is money well invested. The cost of an appointment after the problem arises may be money wasted.
The same way we get a vaccine to prevent some illnesses, we should get used to take advantage of “the legal vaccine”.
