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Today, I read an excellent article on MyShingle.com. In the article, the author described many of the challenges to the legal profession that come with online do-it-yourself companies like LegalZoom. I’m regularly asked by clients and prospective clients why they shouldn’t just use a company like LegalZoom to prepare their Will or other legal documents. The answer to that question isn’t always easy. But here are some of my thoughts on the matter:
One of the key challenges that I see in the legal profession is finding a way to offer value-added service to the client while still providing a fair and reasonable price. Many people are afraid of lawyers because of the perception that they are going to overcharge them or else bill them an excessive rate for the relative amount of work that is done. In a fair number of cases, those fears are justified. From this perspective, a compassionate lawyer needs to recognize this perception and do his/her best to alleviate such concerns.
Although this is a bit of a generalization: a trained monkey can crank out a form such as a Will. The real value of a lawyer in an estate planning context for example, is to work with the client and help the client see the whole picture. In this process, a good lawyer will educate the client on a practical level that they can relate to and understand. When a client is educated, they are empowered and quite often they will come to appreciate the value of hiring a good attorney.
Hopefully, as companies like LegalZoom compete for clients, the perception of stuffy, emotionless and aloof lawyers will begin to melt away and start changing to a paradigm of approachable (and knowledgeable) attorneys who have their client’s interests first at heart. This is what the client wants and expects!
Luke,
Good points! There is so much more value in working with an attorney than just printing a form off line. Their big picture needs to be reviewed by a professional – it can save more in the long run.
You use the quote, “a trained monkey can crank out a form such as a Will”, I also think you get what you pay for. I suggest one contacts the professional that they can get to know and trust.
I know from extended experience handling probate cases over the years that quite often when the deceased has a do-it-yourself will, it is more likely that the do-it-yourself will has something visibly wrong (i.e. handwriting and crossing out, not witnessed, not notarized, includes non-MN provisions). This results in much more expense to the estate than if the will was properly drafted in the first place. That said, I try to see what we can do to keep assets out of the will right off the bat. Most everything a client owns can be transferred via alternative, less intrusive means if they really wish.
Lawyers should not be scared of LegalZoom. What they should do is take a lesson from them. LegalZoom works because it is easy to access, available on the customer’s schedule, relatively inexpensive, and markets aggressively. I think there is a way to make law accessible and affordable. With a little help from our State Bars (adjusting archaic marketing rule to account for a new technological world) we would also be able to market better. The one advantage we have over them is that they are not lawyers! Many folks are not sure they have answered the questionnaires correctly, so the fact that we know what the typical answers should look like and have a law degree should give us a huge competitive advantage that LegalZoom can never overcome (which may become even more apparent if the unauthorized practice of law allegations ever stick).