Do I Have a Case for Legal Malpractice?

[David]

So we redid our wills about a month ago, and today Julie and I had a long call with the fellow we chose as the trustee/executor. About 20 mins into the conversation, he said: "Okay, this is an awkward, sort of personal question, but I need to ask about section 3, subsection 4."

 

He then read the part of the will where I claim these two children as my own even though I'm not the natural father. And he says: "Julie, I didn't know about that. Will there be any issues?"

 

There's a very awkward pause and we both realize at the same time that whatever software the attorney used must have checkboxes or something before it spits out the will, and she checked the wrong box. But I guess our trustee/executor ahd a pretty interesting few weeks before he got a chance to ask us that question.

[90%angel]

Now that's fumny.

 

I was wondering about this post. I was thinking, "it's so unlike David to post for legal advice in a public forum...wtf? (as Russell says)"

 

[David]

I think that slipped into the final draft, because I missed it. Good thing he saw it. Can you imagine if we'd died and the boys had that read to them during the "reading of the will"? Too funny.

[tallman]

Yes.

The psychological damages and public humiliation alone should amount to a significant amount.

I'm not a lwayer, don't play one on tv, nor did I sleep at a HIE.

But, I did pass one this morning.

 

We recently redid ours. Thought I had proofed it pretty well, now I wonder...

[EffBee]

Well, both of your boys are smart AND good looking, just like Mom. The statement kinda makes sense in a way.

 

 

 

Pre-Birthday best wishes to you, David.

[russell_bynum]

Well, both of your boys are smart AND good looking, just like Mom. The statement kinda makes sense in a way.

 

Damn...you beat me to it.

 

[DavidEBSmith]

It is completely understandable why the attorney would make that assumption.

 

[KDeline]

That picture is never going away.

[StretchMark]

I'd leave it. They certainly deserve to have that one last practical joke played on them.

 

b.t.w. the paragraph where you leave me the mountain house is still in tact...right?

[tallman]

I'd leave it. They certainly deserve to have that one last practical joke played on them.

 

b.t.w. the paragraph where you leave me the mountain house is still in tact...right?

 

Mark,

You get the house.

But I get the access easement.

[David]

Now that was downright cruel.

 

Mark, do you have some special relationship to the kids I should know about?

[Mike]

That's funny, but also instructive. It's always a good idea to look over any documents your lawyer drafts. Sometimes they miss the point or just get something wrong, and the consequences can be significant.

 

I used to crank out a lot of wills when I was a JAG in the USAF Reserve, but I always tried to be diligent about reviewing them thoroughly. Ultimately we went to a system of having a paralegal do a second review of everything, just to lower the odds of something like this occurring. We also insisted that our clients review their wills in our office before signing them, but most people looked over their wills very hastily, if at all, before okaying them.

 

As David notes, most wills are cranked out using software that creates the document after the lawyer (or a paralegal) enters the answers from a questionnaire. Generally the end product is pretty good, but there's no substitute for a careful review by a competent lawyer.

[90%angel]

b.t.w. the paragraph where you leave me the mountain house is still in tact...right

 

That house was supposed to be ours, until Russell ruined it by returning David's bike dirty and out of gas. He expected that whole "freezing to death" excuse to work?! Sheesh.