Inspector Lawyer Tips

As for what I posted being common sense you would of been amazed the number of questions I heard that I personally thought should of been common sense.

He cannot charge you to draft a contract for you, either. Only a MO licensed atty can.

So if I get it for free then he can give it to me?

Thanks Jim. Just sent him this message.

I am told that you have no authority to create a contract for me because you’re not a licensed attorney in Missouri. Is this true? And if not what exactly gives you authority to do so?

I will let you guys know what I find out.

I suppose … but, in my opinion, you’d still be paying too much.

We are talking about a contract which is a legal instrument upon which you plan to use to protect you and your business.

To put one’s faith in a lawyer who promises to research and prepare an instrument that is legal in your state who, in the process, is performing an act that is not consistent with the law in your state … may not be a wise choice, IMO.

Anybody can look up state laws and put them into a contract. A Missouri licensed attorney, however, will know how the different Missouri courts have applied these laws and will be personally available to stand next to you when and if the document is challenged.

Caveat emptor.

Those were not my exact words, but they are close enough.

Billy,

If you get sued, do you have an attorney or will you be scrambling to find one? Do you have an attorney now?

I agree. You making perfect sense. Thanks Jim.

Actually Billy, multijurisdictional practice is becoming more and more common and your state may have laws regarding it. Is this all about Joe Ferry? I wouldn’t doubt he has his ducks in a row even for a second.

This attorney is another Joe, I believe. (Joe D, not Joe Ferry) He is a Philly attorney, and represents inspectors (and carriers). The advuice he gives regarding carriers and indemnification is written into your policy. I have repeated the same mantra for the past 8 years.

He is very experienced, and a nice guy.

He has his own opinions on these matters, and offers some sound advice. Glean what you can from that advice posted, and operate your business accordingly.

What about the contracts that are provided on this website as a member benefit? They’ve been presumably written by an attorney with no guarantee that it was one in the state for which it’s being used.

Our attorneys don’t sell them. They are free for our members.

Okay Nick.
Taking you up on your offer.

http://www.chicagolandhomeinspector.com/content/authorization-bob-elliott-home-inspection-services

Has to be in a separate thread so that we don’t derail this one.

Your membership free?

No. The work our legal department does for our members is for no extra cost. This work is not an example of practicing law without a license. InterNACHI is free to help its members with legal issues anywhere in the world.

In my state, providers of online legal documents have been successfully sued by the state bar association. Someone must first file a complaint with them.

Correct. That’s because they sell those forms without a license to practice law in your state. But they can provide documents to their own members or employees without having an attorney in every jurisdiction in the world author those documents. The door-to-door Kirby vacuum sweeper salesman’s order form was drafted by Kirby’s in-house lawyer who isn’t licensed everywhere.

Also, InterNACHI is not only protected from such “practicing law without a license” claims for the several reasons mentioned but also by the First Amendment.

Nick,
Don’t sugar coat it. What do you really think?

Will look forward to the thread.