I know how busy you can be.
Sometimes
you can barely get through your email inbox, so you certainly don't
have time to ready everything that comes across your desk.
This means you sign "paperwork" without thoroughly reading it.
The copier guy delivers a new machine and you "sign for it."
The
guy who does your pest control work takes off his mask (which is
actually a chemical filtration respirator) long enough to hand you a pen
to sign the "standard service form."
You
pick up a car at the rental counter and you sign a 3x12 card in two
places and initial it in 3 other places...and you can't even read the
print with a magnifying glass.
My
point: We've created a cultural norm that makes it perfectly acceptable
to sign things without full and complete knowledge of the information
contained on the very document we are signing.
As
a reality check - I don't think I'm ever going to convince you not to
sign a car rental agreement or make changes to your copier lease. But
there are some really risky documents you sign all the time without a
second thought.
Here are five documents you should examine closely before you sign:
Commercial and Residential Leases:
Many of these leases are onerous and highly biased toward the landlord.
It is not uncommon for them to include personal guarantees, rent
escalation clauses, and usurious interest and fees for minor issues. At
best, you receive a form agreement that does nothing to protect your
rights.
Insurance Paperwork:
Insurance companies make a lot of money. They do so by limiting their
liability. All of us assume there are regulations that protect us when
we purchase insurance. You don't want to comb through your insurance
documents after a catastrophic event to make sure you are covered.
Contracts with Your Clients:
Many businesses rely on template contracts when a client engages them.
Every client and every situation is different. In many cases, the
service you provided or the product you sold is different. So why would
your liability be the same and why would you use the same template
contract over and over?
Employment Agreements:
Much like clients, employees in different roles will have different
responsibilities. Some of them may need to adhere to strict
confidentiality requirements while others may not have that type of
exposure. Some employees may have specific responsibilities that are
clear and evident while others may not be able to see through the
ambiguity of the language in the agreement. This means you need to spell
things out. And a template document cannot do that in every instance.
Confidential Information:
Data privacy is a big deal. If someone provides you with information
that, if used in a nefarious way, could cause harm, you need to have
clear documentation detailing the handling and use of that information.
If that documentation is not prepared in a way that minimizes your
liability, you should never, ever sign it.
Here's the reality: You shouldn't sign any legal agreement without having a lawyer review it.
Why?
Because those documents were prepared by attorneys and they were
designed to protect the interests of the other side. Who is looking out
for your interests when you sign something without an attorney's review?
EVEN YOUR ATTORNEY'S ENGAGEMENT AGREEMENT SHOULD BE REVIEWED BY ANOTHER LAWYER.
Yes,
most of the time you'll be fine without taking your car rental
agreement to your lawyer for review. But it would be nice to know if you
should accept the collision damage waiver, right?
Bottom line: If a lawyer wrote it, your lawyer should review it BEFORE you sign it.
Please keep us in mind for all your legal needs.
Sincerely,
Mario Biaggi Jr.
Sincerely,
Mario Biaggi Jr.