McLaughlin & Quinn, LLC - Providence | Boston

We are starting to see more and more on-line legal document preparation services, such as LegalZoom.com.  The theory behind these start ups is that basic estate planning is a commodity and you don’t need a lawyer to do it.  This theory couldn’t be more wrong, although it has a certain populist appeal.

Preparing legal documents, especially documents as important as wills, trusts and other estate planning documents, should be handled by lawyers trained and experienced in such areas of expertise.  My guess is that people who choose on-line legal document preparation services do so for a variety of reasons.  Chief among these reasons is probably a perceived cost savings.  While it is possible for a person to save money up front by using one of these services, the long-term costs could far outweigh the up front savings.  Furthermore, it is quite possible that there is no up front savings, depending upon the fees charged by the on-line service compared to the fees charged by a competent attorney.  The long-term costs of poorly drafted documents or documents that don’t actually accomplish your needs can be much more than money.  Failure to appoint a guardian in your will could result in your minor children being raised by some one other than who you would choose.

Another reason a person may choose an on-line legal document preparation service is for convenience.  What’s better than making significant financial, medical and legal decisions from the comfort of your own living room?  We find, however, that a visit to an attorney’s office helps focus on the importance of the decisions being made and requires our clients to put in a certain amount of thought before making these lifelong decisions.  Besides, most basic estate plans require only two, sometimes three, meetings.

A major benefit of using a competent estate planning attorney is that they ask all of the right questions, and collect all of the relevant information, before deciding not only which documents are appropriate, but what terms and provisions should be included in those documents.  Estate planning attorneys rely on many years of experience of assisting clients, having seen many similar cases.  This experience helps us help you make important decisions.  We then prepare the documents based on your goals and desires.

These on-line legal document preparation services walk a fine line as to whether they are engaged in the unauthorized practice of law.  They will certainly claim that they are not engaged in the practice of law.  That statement in and of itself should give you pause.  Do you want your legal documents prepared by an on-line company who professes not to be practicing law?  Remember, there is often no second chance.  Once you are dead or permanently incapacitated, your documents cannot be changed.

Lastly, you run a risk when you use an on-line legal document preparation service that the documents you use are not state-specific.  An estate planning attorney licensed to practice law in a specific state knows the particular laws that will apply to you.  Laws vary from state to state.  As a result, using documents that fail to address a specific state law or issue could result in an outcome very different from what you intended.

The internet has brought us many wonderful things.  On-line legal document preparation services is not one of them.  I recommend using the services of an experienced estate planning attorney.  You will be better served in the long run.  So will your family.