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If Only… The Importance of Timely Legal Advice

Many people delay seeking legal advice until they find themselves in a difficult situation. Unfortunately, this reactive approach can lead to missed opportunities and significant losses. Here are some cautionary tales that illustrate the critical need for timely legal intervention.

Common Pitfalls of Delaying Legal Advice

1. Missed Opportunities with Insurance Claims

Consider the case of a woman suffering from persistent bursitis in her shoulder. She wished to make a claim against her income protection insurer but revealed that a year earlier, the insurer had paid her a nominal lump sum. Unbeknownst to her, this payment released the insurer from further liability. If only she had sought legal advice before signing the deed, she could have pursued a claim worth over £500,000.

2. Strict Deadlines for Employment Claims

Another client approached me 29 days after being unfairly dismissed. Unfortunately, claims to the Fair Work Commission must be lodged within 28 days of dismissal. Had he sought legal advice sooner, he would have had a legitimate claim against his former employer. While the Commission might accept late applications, it does so only in exceptional circumstances—none of which applied in this case.

3. Inadequate Shareholder Agreements

A client came to discuss a shareholder dispute but presented a one-page handwritten document as his shareholder agreement. This poorly constructed document left him with limited voting rights and no clarity on his obligations. If he had sought legal advice earlier, he could have established a comprehensive agreement that protected his interests, potentially avoiding costly legal proceedings.

4. Structural Defects and Builder Liability

One client had a £250,000 claim against a builder for serious structural defects. Unfortunately, she procrastinated in seeking legal advice while the builder was financially stable. The builder later went into liquidation, limiting her claim to the amount covered by the builder’s insurance—capped at £100,000. Had she acted sooner, she might have secured the full amount of her damages.

5. The Importance of Wills

For months, I encouraged a client with terminal cancer to draft a will. She assured me she would, yet she passed away with an outdated will that is now likely to be contested. This situation underscores the importance of proactive legal planning.

Why You Should Seek Legal Advice Early

Lawyers can appear expensive, leading many to wait until they feel they have no choice but to seek legal help. However, this reactive approach can be counterproductive. Investing in early legal advice can save you from much larger costs down the line.

Don’t wait until it’s too late! If you’re facing a legal issue or have questions about your situation, reach out for timely advice. Contact Jacobson & Associates today to ensure that you are protected and informed before making critical decisions.