Do You Need a Lawyer or Can You Handle It Yourself?
Do you need a lawyer or can you handle it yourself? Not every legal issue requires an attorney.
Sometimes the problem is straightforward. The paperwork is manageable, the financial stakes are limited, the parties agree on what needs to happen, and the consequences of making a mistake are relatively small.
Other times, what appears to be a simple legal matter is anything but simple.
A contract contains language you did not notice. A real estate transaction creates an obligation that lasts for years. An estate plan fails to accomplish what you intended. A business disagreement turns into litigation. A family matter becomes contested. An insurance company disputes responsibility for an injury. Or you discover that a deadline passed while you were trying to resolve the problem yourself.
So, how do you know when you actually need a lawyer?
The better question is often not simply “Can I handle this myself?” It is “What could happen if I handle this incorrectly?”
At the Law Office of Stephen G. Bell, we have represented individuals, families, and businesses throughout the St. Louis metropolitan area since 1982. While every situation is different, there are several factors that can help you decide whether handling a legal matter yourself makes sense, or whether it is time to get experienced legal counsel involved.
When Might You Be Able to Handle a Legal Matter Yourself?
There are circumstances where hiring an attorney may not be necessary. A relatively simple administrative task, an uncomplicated government filing, or a minor matter with clear instructions and little at stake may be something you can reasonably handle on your own.
Missouri courts and government agencies also make a significant amount of information available to the public. Depending on the issue, you may be able to find forms, instructions, court information, statutes, public records, and other resources online.
But access to legal information and the ability to correctly apply that information are two different things.
A form tells you what information belongs in a blank. It does not necessarily tell you whether that is the correct form for your situation, whether another document is required, whether you are giving up an important right, or whether the decision you are making today will create a problem several years from now. That distinction becomes increasingly important as the stakes increase.
Ask Yourself: What Is Actually at Risk?
One of the easiest ways to decide whether you should speak with an attorney is to consider what you could lose if something goes wrong.
Does the issue involve:
- Your home or other valuable real estate?
- Ownership or control of a business?
- A substantial amount of money?
- Your estate or your family’s inheritance?
- Your relationship with your children?
- A significant contract?
- An injury with long-term consequences?
- A lawsuit or potential judgment?
- An obligation that could continue for years?
The greater the potential consequences, the stronger the argument for getting professional legal advice before making an important decision. Paying an attorney to prevent a significant mistake can be considerably less expensive than hiring one later to try to undo it.
You May Need a Lawyer When a Contract Is Involved
People sign contracts constantly. Some are routine. Others can create significant legal and financial obligations.
Business agreements, commercial leases, real estate contracts, purchase agreements, partnership agreements, settlement agreements, and other important documents should not necessarily be treated like the terms-and-conditions box you check when downloading an app.
The language matters. Before signing an important contract, an attorney can help you understand questions such as:
- What exactly are you agreeing to?
- What is the other party required to do?
- What happens if someone fails to perform?
- Can the agreement be terminated?
- Are there automatic renewals?
- Who bears particular risks?
- Is there an indemnification provision?
- How will disputes be resolved?
- Are attorney fees recoverable?
- What obligations continue after the agreement ends?
The best time to discover an unfavorable contract provision is generally before you sign the contract, not after a dispute develops.
DIY Business Documents Can Create Expensive Problems
Starting a business has become easier than ever from an administrative standpoint. Online services can generate forms in minutes, and Missouri provides resources for registering business entities.
But creating an LLC or corporation is not the same thing as creating an effective legal structure for the people who own it. If multiple owners are involved, questions can quickly become more complicated.
Who controls important decisions? What happens if the owners disagree? Can an owner sell an interest to someone else? What happens if an owner dies, becomes disabled, wants to leave, or stops contributing to the business? How will profits be distributed? What happens if someone wants to buy the company?
These questions may seem theoretical when everyone is getting along. They become considerably more important when everyone is not.
For business owners, experienced legal counsel can help address potential conflicts while the parties are still working together productively.
Estate Planning Is About More Than Downloading a Will
Online wills and estate planning forms can look appealing because they are inexpensive and convenient. For some very simple circumstances, standardized documents may appear to accomplish the basic objective.
The danger is assuming your circumstances are simple without understanding the legal consequences. Estate planning may involve more than deciding who receives property after you die. Depending on your situation, you may need to consider:
- Wills
- Trusts
- Powers of attorney
- Healthcare decisions
- Beneficiary designations
- Jointly owned property
- Real estate
- Business interests
- Minor children
- Family circumstances
- Probate administration
- Incapacity planning
The documents also need to work together. A beautifully drafted will does not necessarily control an asset that passes through a beneficiary designation or another method outside the will. Good estate planning is therefore not simply about producing documents. It is about developing a plan designed to accomplish your objectives.
Probate Can Become More Complicated Than Expected
Families sometimes begin probate or estate administration believing the process will be straightforward. Then a problem appears.
A beneficiary challenges something. Property ownership is unclear. Creditors make claims. An asset was titled unexpectedly. Family members disagree. A document cannot be located. Questions arise about what the personal representative can or cannot do.
Probate involves legal responsibilities and court procedures, and mistakes can create additional delays or disputes.
If an estate contains valuable property, complicated assets, conflicting interests, or uncertainty about legal responsibilities, consulting an attorney can help determine the appropriate way forward.
Real Estate Is Usually Too Valuable for Guesswork
A home, commercial property, or investment property may be one of the most valuable assets you ever own. Real estate transactions can also involve lengthy contracts, title issues, financing requirements, inspections, disclosures, leases, easements, contingencies, and other legal concerns.
The paperwork may appear routine because everyone involved in the transaction uses it regularly. But you may only see that particular transaction once.
Before signing an agreement involving significant property, it may be worthwhile to have an attorney determine whether the documents actually protect your interests.
The same applies when a dispute develops involving ownership, a lease, a purchase agreement, property rights, or another significant real estate issue.
Family Law Matters Can Have Long-Term Consequences
It can be tempting to handle a family law matter yourself, particularly when both sides initially agree. Sometimes that works. But circumstances change.
An agreement involving property, financial obligations, or children can affect your life long after the original proceeding ends. What seems reasonable during an emotional moment may look very different several years later.
The more complicated the finances, property, parenting issues, or disagreement between the parties, the more important it becomes to understand the legal consequences before making binding decisions.
An attorney can help you distinguish between an arrangement that sounds fair today and one that actually protects your interests over the long term.
Personal Injury Claims May Not Be as Simple as Dealing With the Insurance Company
After an accident, you may assume you can handle the insurance claim yourself. For a very minor incident with no meaningful injury, that may be reasonable. More serious injuries are different.
Insurance companies evaluate claims with their own financial interests in mind. Questions can arise regarding fault, medical expenses, future treatment, lost income, insurance coverage, preexisting conditions, and the value of the claim.
You should be particularly cautious about signing releases or accepting a final settlement before understanding the extent of your injuries and what rights you may be giving up.
Once a claim is finally settled, discovering later that your injuries were more serious than expected may not allow you to simply reopen the matter.
A Consultation Does Not Mean You Have to Turn Everything Over to a Lawyer
There is also a middle ground between doing everything yourself and immediately hiring an attorney to handle an entire matter. Sometimes you simply need advice.
You may want an attorney to review a contract before you sign it, explain a court document, discuss your rights in a dispute, identify potential problems with a transaction, or help you understand whether professional representation is necessary.
A consultation can help answer the very question that brought you here:
Do I actually need a lawyer for this?
An experienced attorney should be able to help you understand the seriousness of the issue and the potential consequences of proceeding on your own.
A Simple Test: Five Questions to Ask Yourself
If you are still uncertain whether to contact an attorney, consider these five questions:
1. Is something important at stake?
If the matter could significantly affect your finances, family, property, business, or legal rights, professional advice becomes more valuable.
2. Could my decision be difficult to undo?
Signing an agreement, accepting a settlement, transferring property, or missing a deadline can create consequences that may not be easily reversed.
3. Is the other side represented by an attorney?
If so, consider obtaining independent legal advice before proceeding.
4. Do I fully understand the documents and law involved?
If you are guessing about the meaning or consequences of something important, that is a warning sign.
5. What happens if I am wrong?
This may be the most important question of all. If the answer is “not much,” handling the matter yourself may be reasonable. If the answer could involve substantial financial loss, litigation, property, your business, or your family’s future, getting legal advice may be the safer investment.
Sometimes the Smartest DIY Decision Is Knowing When Not to DIY
There is nothing wrong with handling a straightforward legal matter yourself when you understand the process and the risks are limited.
The mistake is assuming that every legal matter is straightforward simply because the paperwork looks simple. The more important the consequences, the less room there is for guesswork.
For more than four decades, Steve Bell has represented individuals, families, and businesses throughout the St. Louis metropolitan area. From his office in Kirkwood, Steve provides practical, personalized counsel in matters involving business law, estate planning and probate, civil litigation, real estate, family law, and personal injury.
Sometimes that means helping a client resolve a serious dispute. Sometimes it means structuring a transaction or preparing documents designed to prevent one. And sometimes it means simply helping someone understand whether they need an attorney at all.
If you are asking yourself, “Do I need a lawyer, or can I handle this myself?”, you do not have to make that decision without understanding the legal risks. Call 314-821-8212 or contact the Law Office of Stephen G. Bell to discuss your situation, your options, and the most practical way forward.
