Self-Help Software Demystifies Law
Nolo Press is staffed by a group of lawyers who are trying to undo the legal profession.
Since 1971, the Berkeley-based company has published self-help books for people who want to solve their problems without using a lawyer. Now the company has two do-it-yourself software programs: WillMaker and California Incorporator.
WillMaker, which produces wills that are valid in every state except Louisiana, runs on IBM PC and compatible machines along with the Commodore 64, Apple Macintosh and Apple II computers. California Incorporator, which helps entrepreneurs launch businesses in this state, is available only for IBM PCs and compatibles.
Creating your own will or incorporation papers does more than just save money, according to Nolo’s marketing director, David Cole. It can give you a better understanding of what the documents mean.
Doing it by computer automates the process, eliminating a lot of typing. Also, like a lawyer, it asks you questions that you might not otherwise consider.
The will and incorporation programs both are easy to use. Deciding on how to answer the questions, however, can take a great deal of thought, especially if you don’t have an experienced lawyer to guide you. To that end, the manuals for both programs consist of far more than instructions for using the software. They are primers that provide a great deal of background, including detailed explanations of the legal implications of each decision that you make.
Before buying this sort of software, however, be forewarned: Many legal matters simply are too complicated to be done without the assistance of a lawyer.
California Incorporator begins by asking you a series of questions and then prints out all the documents you need to set up your company, including the articles of incorporation, bylaws, minutes of your first board meeting and letters to the Secretary of State. You can justify the expense of the $129 program by the time and money it saves you in typing out the 50 to 65 pages of documents that the program generates.
The software is designed for small businesses and is not, according to its publisher, suitable for companies that plan to go public. And it is valid only for California-based corporations.
WillMaker is for people who have relatively simple estates valued at under $600,000, including the value of their home. Although it has a fair amount of flexibility, it cannot be used to create conditional bequests like “give her the million dollars only if she marries that nice boy from up the street.”
When you start the program, you see a series of screens that provide basic instruction. One screen suggests you “relax, take your time and enjoy the experience.” Although writing a will is hardly my idea of a good time, the program made it relatively pleasant.
WillMaker asks you a lot of questions before it prepares your will. That way it not only gathers necessary information but reminds you of things you may not have thought about, like giving specific property to individuals or setting up a trust for your children.
The program works at your own pace and contains lots of help screens to guide you along. There is also a special help menu to provide additional information and to define legal terms that are on the screen.
Unlike professional will-writing programs used by the legal profession, WillMaker does not allow you to edit your will. That restriction was built-in, according to Cole, to avoid the possibility of accidentally invalidating a will.
The software is easy enough to use that it’s possible to produce a will without looking at the manual. But Cole thinks that’s a bad idea. “We want people to read the manual because it’s important that they understand what they are doing, that they make informed decisions and that they understand what is in these pieces of paper,” he said.
Versions for the IBM PC and Macintosh are very similar. It took me about 30 minutes to complete what turned out to be a six-page will. When I was done, the program printed out the will itself, along with instructions telling me to sign it in front of three witnesses and to store it in a safe and accessible location.
The $59.95 program costs less than most lawyers charge for a simple will--$150 is a typical fee. Unlike lawyers who charge for each job, the program can be used over again to revise a will or to write wills for friends and family members.
The attorneys I spoke with had mixed reactions to this type of software.
Terry T. Steinhart, a Los Angeles attorney, conceded that such programs might be adequate for a “simple family will,” but cautioned that “the lawyering comes in when deciding what kind of instrument to use.”
“The attorney also assures the solemnity of the signing ceremony,” he added. Wills that are not properly signed and witnessed can later be challenged, according to Steinhart. When it comes to setting up a corporation, Steinhart is not as concerned about the drafting of documents as he with “the policy decision as to whether to incorporate in the first place and, if so, what is the best type of corporation for your needs.”
Harvey Rosenfield, a Santa Monica public interest attorney who is associated with consumer advocate Ralph Nader, endorses Nolo’s approach. “Such programs tear away the veil of mystery and complexity that enshrouds the legal profession,” he said. “Much of what lawyers do is simple and can easily be performed by the average person.”
Law isn’t the only area where computers are being used in lieu of professionals. There are a number of income tax preparation programs as well as programs to help you manage your money. For example, the Banker’s Secret, from Good Advice Press of Elizaville, N.Y., (800-255-0899) provides information on how much money can be saved in the long run by deliberately overpaying your monthly mortgage bill.
If self-help legal software catches on, it might someday invade the sanctity of the courtroom. Imagine a day in court after computers have taken over completely:
“Where were you on the night of the murder?” prompts the Cathode Ray Tube.
“Objection,” interrupts the program for the defense.
“Sustained,” rules the Central Processing Unit.
“Please restrict your answers to the options on the screen,” admonishes the Program Menu.
“I declare a mistrial,” rules the Operating System, “On account of illegal commands, syntax errors and files not found.”
Computer File welcomes readers’ comments but regrets that the authors cannot respond individually to letters. Write to Lawrence J. Magid, 3235 Kifer Road, Suite 100, Santa Clara, Calif. 95051, or contact the L. Magid account on the MCI electronic mail system.
DO-IT-YOURSELF LAWYERING
WillMaker
A program that helps write simple wills for people with estates of less than $600,000. The wills the program produces are valid in every state but Louisiana. Suggested retail price: $59.95.
Requirements: Runs on IBM-style personal computers as well as the Apple II, Apple Macintosh and Commodore 64 machines.
Publisher: Nolo Press, 950 Parker St. Berkeley, Calif. 94710-2589. Phone: Within California, 800 445-6656; outside California, 800-992-6656.
California Incorporator
A program that helps produces the legal documents needed to create a California corporation. It can create, among other things, a letter to reserve a corporate name, articles of incorporation, corporate bylaws and documentation for an initial stock issue. It comes with extensive manual that discusses incorporation issues and is designed for small businesses not planning to go public. Suggested retail price: $129.
Requirements: An IBM or compatible personal computer.
Publisher: Nolo Press, 950 Parker St. Berkeley, Calif. 94710-2589. Phone: Within California, 800 445-6656; outside California, 800-992-6656.
