In today’s world of complex agreements and seemingly endless paperwork, we’ve all come across the phrase: “Consult an attorney.” It can be written in fine print at the bottom of documents. The phrase can be found in contracts, waivers, or other legal documents, almost like an afterthought. For many, this phrase feels like legal boilerplate or a mere formality, but it is not. Consulting an attorney is a crucial step for protecting yourself and understanding your rights and obligations.
Here’s why “consult an attorney” isn’t just a suggestion and why taking it seriously can save you from serious complications.
Complex Legal Language: It’s Not Just Jargon
Legal documents are notorious for their complex language and “legalese.” This isn’t accidental—legal terms often carry specific meanings that can differ from everyday usage. Without a legal background, it’s easy to misinterpret what you’re agreeing to.
An attorney can clarify these terms, ensuring you know exactly what you’re signing. They’ll translate legal language into straightforward terms, so you can make informed decisions.
Understanding Your Rights and Obligations
When you sign a document, you’re bound to the terms outlined within it, and some agreements are stricter than others. In real estate, business partnerships, and yes, even employment contracts, the terms can significantly impact your future. When the document says to “consult an attorney,” it’s a signal that signing the agreement likely has consequences.
For example, employment contracts might include non-compete clauses that limit your career options after leaving a job. Employment severance and settlement agreements typically have language giving up rights to bring legal claims. Waivers that are compliant with the Older Workers Benefit Protection Act must advise you to consult with an attorney first. Consulting an attorney can help you understand your rights and ensure you’re not unknowingly giving up something valuable.
Avoiding Future Legal Battles
Many people skip the legal review to save time or money, but this can lead to costly disputes later. Failing to fully understand an agreement can result in unintended breaches of contract, which might lead to legal action.
Consider that employment agreement you might not have read carefully or didn’t fully understand. You could breach it by starting a competing business or hiring your friend from your old place of employment in violation of a non-solicitation clause. If you weren’t aware of these clauses or did not understand their implications because you didn’t consult an attorney, and you proceed with a restricted activity, a former employer may sue for breach of contract, leading to legal fees, damages, and a potentially ruined business relationship. Consulting an attorney from the start helps you spot these issues, allowing you to negotiate terms that work in your favor and avoid problems down the road.
Navigating Legal Consequences and Liabilities
Documents are often accompanied by specific legal consequences if the terms aren’t followed. Waivers, for example, may limit your right to sue in the event of an injury, while liability clauses could make you financially responsible for damages. While it’s possible to sign a waiver without an attorney, understanding its impact on your legal options is crucial.
If you’re signing something that includes language about waiving rights or assuming liability, an attorney can explain what it means for your future options. This way, you’re aware of the risks you’re taking on and can make an informed choice.
Understanding Alternative Options
An attorney can also offer alternative ways to proceed that may be less risky. For instance, if you’re unsure about a business partnership agreement, an attorney could suggest drafting a more limited agreement or creating terms that allow an easy exit. Attorneys often know about lesser-known solutions or strategies that can protect you more effectively.
Without an attorney’s advice, you might feel locked into specific terms that don’t work for you, simply because you’re unaware of other options.
Conclusion: When in Doubt, Reach Out!
The phrase “consult an attorney” may seem like a routine suggestion, but it’s a powerful reminder to take legal agreements seriously. An attorney’s guidance can protect your rights, help you avoid future disputes, and provide clarity and confidence as you move forward. The next time you see that fine print telling you to consult an attorney, take it as sound advice—it’s worth your time, effort, and peace of mind. Do you have a contract that you need help understanding prior to signing? Book a document review with me today!