In this context, I wanted to talk about agreements. Specifically when families are about to become involved in or are actually in the middle of, divorce or custody litigation.
I don't know how many times I've had clients come to me saying, "Oh, this will be easy! We've agreed on everything." Famous last words, I always say.
First of all, if the opposing party has given you a long, long document that seems to cover everything, do not assume that you understand a word of it. What you will do is look at the headings, read the first few sentences, or even most of the paragraphs --- on the issues most important to you. But understanding a contract is as much about what is not there as about what is. It is also about how the different sections apply to you today and in the future. I never waste a client's money spending hours drafting my client's wishes into what looks like a contract when I know: (a) neither I nor the other side has all the necessary information to construct the contract; and (b) the other side will have their own ideas about what should or shouldn't be in there, and I'll almost certainly have to spend hours more revising, or even re-drafting. I send a term letter making sure everything my client wants on the essential issues is there and that my client approves it before it goes out.
The other problem I've run into is the client who has an oral understanding (or thinks they do) with the other side. Sometimes, they even have an unsigned document . . . for example, their wish list from a previous lawyer, or one of many wish lists given to them by the other side. Make no mistake: a contract must be fully executed in order to be valid.
You probably don't understand what "fully executed," means (even if you think you do), so call me today to get my help to understand whether or not you can count on what you think is a promise.
