Using Legal Documents from Unknown Sources - Tempting But Dangerous

When preparing a legal document for a client, a family member, or a friend, it may be tempting to go online and download a form on the appropriate subject matter. One website that offers such services at no charge is docstoc.com. “Docstoc is a user generated community for sharing professional documents” which “allows users to upload their documents for all the world to share.”

   

However, choosing this route is risky and in some cases may even lead to legal malpractice. First, the drafter may have omitted or unintentionally misstated the many state-specific statutorily required provisions. Second, the document may not incorporate the most recent legislative amendments. Additionally, as with any sample forms, an attorney must ensure that the document is customized to the needs of his or her client.
   

Nonetheless, these sample documents may provide useful guidance or a "starting point" for the drafter.
   

While docstoc.com contains a fair number of wills and trusts materials, I would approach this and similar sites with extreme caution. An attorney should always independently research the applicable law and tailor the document to the client's situation.

   

Note that my comments are not meant to be a reflection on the quality of these websites from a technical perspective.  For example, the docstoc.com site appears to be extremely well-constructed and contains lots of useful and "fun" material unrelated to the practice of law.