Monday, March 13, 2017

Not Set in Stone

Nothing is set in stone
One of the things that amaze me about law and the people who try to practice it is the fact that most people (attorneys and pro pers) think that if they find a form in a book, that that is how that form MUST look.  It's almost like people living in the 50's when television was new.  If the television said it, it must be true.

As it turns out, and for the record, any legal form found in any legal book are just templates that can be changed to fit the needs and desires of the person and situation.  For example, say you and a neighbor got in a fight and you lost (badly). Wanting to retaliate, you go to your local county law library and look in California Forms of Pleading and Practice (Vol. 6, Ch. 58, section 58.50) and notice that the 4th paragraph doesn't quite fit the scenario you want to portray.  What do you do?

What you could do is either delete paragraph 4 or change it to fit the scenario as you see fit.  It's just that simple!

How about another one?  Say you're looking to create a California Revocable Trust.  So, you head on over to California Wills & Trusts Forms (Lexis) and look under Inter Vivos Trust for One Person. Reading along, you come to section 7.06 which deals with Intentional Omission of Spouse Married After Execution of Trust.  Since you've have sworn off women for all time and eternity, you want to exclude that paragraph.  What do you do?

What you could do is delete paragraph 7.06 and go on your merry. It's just that simple!

One last one?  Say you've been searching for a velvet (painting) of dogs playing poker. One day you find one at a garage sale. You want to buy it but your good sense tells you you should have a contract.  So, you head on over to your local county law library, pull up California Legal Forms Transaction Guide (Lexis), look in volume 27, Chapter 75, Section 75.200 and find a pretty good skeletal contract that you can use.  Then you notice paragraph 4 dealing with Indemnification and you think it really doesn't belong in this contract.  What do you do.

What you could do is delete paragraph 4, That's what you could do and live happily ever after.

The thing to remember with all things legal and legal forms is that if you don't like something, don't use it.  You think you need to add something, then add it.  It's just that simple.