THE DESKTOP LAWYER

                          INTRODUCTION

     THE DESKTOP LAWYER, studied and used properly, will
increase your wealth and your understanding of the  transactions
and arrangements in which businesspeople,  investors, and
professionals most frequently become  involved.  You do not need
to be in any particular  occupation or to possess any particular
amount of money in  order to benefit from this book.  There is
much here for  anyone who buys or sells a home or other property,
who is  involved in a lease transaction, who needs to formulate a
binding legal agreement, or who is faced with the ordeal of
making the property and financial arrangements necessitated  by a
divorce.
     You will learn better to foresee the legal consequences  of
your decisions, to plan and structure your actions and
agreements to your own best advantage, and to avoid pitfalls
which commonly await the ignorant and unprepared.
     While THE DESKTOP LAWYER does not advocate your  dispensing
with the advice and other services of attorneys,  and while it
does not claim to offer prefabricated legal  papers which can
merely be copied and used without thought  or adaptation, it does
offer you the opportunity to do a lot  of your own legal planning
as well as the fashioning of  legal forms based on the very large
and comprehensive  selection contained in this book.
     So, even though you will not become entirely your own
lawyer, this book should enable you to reduce the amount of  fees
you pay to lawyers.  THE DESKTOP LAWYER will help you  to
differentiate between what you can do for yourself and  what you
will need a lawyer to do.  In situations where you  once would
have assumed an attorney was necessary, you may  now find that
you can handle matters yourself.  You will be  able to negotiate
agreements and in many cases draw up the  proper forms. . .or
spot what is undesirable about legal  papers, such as contracts,
which others have drafted.  At  the very least, you will be able
to communicate more  effectively with lawyers, to ask the right
questions, to  supply the right information and to have a better
understanding of what your attorney is doing.
     THE DESKTOP LAWYER consists of three major types of
material.
          1.  Explanatory Sections.   These are the parts of the
book which give you general  information and advice on matters
affecting your legal  rights, your money, and your property.
     "Structuring the Transaction" goes into the legal and
other questions which you should take into consideration  when
putting a business or financial decision into effect.   It tells
you, for example, that after you make your decision  you should
next investigate what laws may effect the  implementation of your
decision, and then it advises you on  how to use the best methods
to protect your interests.  You  will gain greater insight into
how a business or investment  decision can be hurt or enhanced by
the means that are used  to carry it out.
     The title of the section, "How to Select a Lawyer", is 
self-explanatory, while "Lawyers and Lawyering" goes into
considerable detail about what lawyers do and how you can  get
the most from their services, as well as providing  valuable
pointers to those who want to act as their own  attorneys in
suitable situations.  You will learn something  about the skills
and limitations of lawyers, and you will be  helped to judge more
accurately when you need to consult an  attorney and to what
extent you can realistically hope to  take on the lawyer's role
in your own dealings.
     "Courts and Lawsuits" give you a condensed course in the
structure and operation of our system of state and federal
courts and in the entire scope of a lawsuit.  You will learn  a
great deal about the sometimes confusing and seemingly  illogical
functioning of our legal system.  You will see how  a legal
action begins, proceeds, and ends.  There are  explanations of
trial procedures and of appeals.
     Whether you are an observer, a juror, a witness called  on
to give testimony at a deposition or trial, or an actual  party
in a legal action, "Courts and Lawsuits" will give you  useful
practical insights into the way a lawsuit or other  legal
proceeding is begun and carried to its conclusion.   After you
have read this section, little that happens in the  courtroom
will remain a mystery to you.  The fear of the  unknown which
many feel when they contemplate a legal  conflict should no
longer plague you.  On the other hand,  you can make a realistic
assessment of the costs in time,  and emotional strain which a
legal action can impose.
     "Fundamentals of Business Law" is a storehouse of  important
information about many aspects of law which bear  on the creation
and operation of a business of any size.  It  will be
particularly helpful to you if you own a business or  are
considering beginning a business.  You will learn about  the
different forms in which a business can be organized,  from the
"non form" of simply opening your doors and  starting to work, to
the corporation or partnership.  This  section will explain to
you the advantages and disadvantages  of the different legal
structures under which one can run a  business.  It will clarify
the legal liabilities you can  incur under various forms of
business.  It will show you how  a corporation or partnership is
created and operated.
     You will also learn, in "Fundamentals of Business Law",
about the principles of agency, perhaps little known to the
layman, but of great practical importance to anyone involved  in
business or property transactions where one person may  act on
behalf of another.  You will see the danger that,  even if you do
not intend it, you may put another individual  in a position to
create legally binding agreements on your  behalf with other
people...and of course you will learn how  to avoid such
undesirable consequences.
     "Fundamentals of Business Law" contains an extensive
section on the all important subject of contracts.  A  contract
is nothing more than a legally enforceable  agreement.  In fact
the words "contract" and "agreement" are  often used
interchangeably by lawyers.
     You do not, obviously, want to enter into an agreement  and
then find that it is not legally enforceable any more  than you
want to discover that you have committed yourself  to a legally
binding contract without realizing it.  THE  DESKTOP LAWYER will
help you to recognize the difference, as  well as how to
incorporate provisions in contracts which  will make it easier
and less expensive for you to enforce  your rights should
something go wrong.
     You will see that, as in "accidental" creation of  agency,
the courts may find that a kind of contract exists  even though
neither party intended to create a contract.   Contrariwise, you
will gain an appreciation of factors  which, if omitted from a
contract, can make it unenforceable  even though the parties may
fully have intended to create a  legally binding agreement.
     The section on contracts, used in conjunction with THE
DESKTOP LAWYER's checklists and forms, can be one of the  most
valuable and versatile assets you have ever possessed.
     "Fundamentals of Business Law" also includes a section  on
the law of sales which will make rewarding reading for  both the
professional merchant and the non-merchant who  merely want to
know such things as exactly when and how a  transfer of
ownership, with the rights and its risks of  loss, takes place.
This is a more complex area than many  people realize, and the
discussions of it in THE DESKTOP  LAWYER will help you even if
you are doing nothing more  complicated than selling your old car
or trying to return an  item to the store because it isn't all
you expected it to  be.
     On the latter point, you will find under "Fundamentals  of
Business Law" an interesting and extremely useful  subsection on
the law of warranty.  Few people are fully  informed on this
subject, and most will be surprised at the  various ways in which
a seller can become responsible to a  buyer for defective or even
merely unsuitable goods.  The  old axiom, "caveat emptor," ("let
the buyer beware," or, in  modern terms, "tough luck") no longer
applies as it once  did.  If you know, for example, of a serious
defect in that  old car of yours which won't be fairly obvious to
the  potential buyer, you may have to refund the buyer's money
when the transmission falls out.
     Under "Fundamentals of Business Law" you will find a
section on securities law.  The most common securities are
stocks and bonds.  Those unfamiliar with this subject will  learn
what stocks and bonds are, their different types,  their
purposes, and how they are issued and transferred.
     As you are no doubt aware, the field of securities is
heavily regulated by both the federal government and the  "Blue
Sky Laws" of state governments.  THE DESKTOP LAWYER  discusses
the main outlines of those laws and regulations which are
designed to protect the investor primarily by  requiring full
disclosure of information about investments.
     Should you be an owner of a company which might benefit
from issuing stocks or bonds,  THE DESKTOP LAWYER will give  you
an introduction to your options...including the  exemptions from
the burdens of federal law which are  available to certain
issuers.
     You will see that an investment may be a "security," and
subject to the securities laws, even though it is not a  stock or
bond or anything else generally regarded as having  anything
whatsoever in common with a stock or a bond.  One  thing you want
rigorously to avoid, if you are taking other  people's money, is
inadvertently offering or selling to them  a financial
opportunity which the government and courts may  define as an
investment "security".  Sometimes the line is  fine, but THE
DESKTOP LAWYER shows you the danger signs.
     Likewise, it is possible to butt heads with the law in  the
aftermath of giving or receiving of tips about  investments.  As
you probably are well aware, in recent  years a number of people
have gotten into trouble for acting  on "inside information"
about companies and their  securities...information which was not
available to the  general public.  This is an area in which
almost anyone can  run afoul of the authorities, given the right
(or wrong)  situation, so it should pay you to familiarize
yourself with  the information on the subject which is contained
in the  book.
     "Suretyship" is another aspect of business law covered  in
this book.  You are a surety if you agree to answer for  another
person's debt or other obligation, and this section  on a facet
of "creditor's rights" will help you to recognize  the ways in
which a surety  can help protect himself or  herself from the
obvious risks of loss.
     The discussion of "Commercial Paper (Negotiable
Instruments)" under "Fundamentals of Business Law" may seem
exciting only to those who are titillated by such things as
differential calculus, but it is a topic of tremendous  practical
importance.  The best-known example of a  negotiable instrument
is the check you use to draw money  from your bank account.  But
there are many other kinds of  such instruments, and our
financial and commercial systems  rely heavily on them, so it
should be worth your time to  read and absorb the contents of
this section of the book.
     We have just given you a survey of the explanatory, or
what might be called the "general information," sections of  THE
DESKTOP LAWYER.  The other main portions of the book are  set out
below.
          2.   Checklists.  Each of the numerous checklists tells
you, in condensed  terms, in step-by-step fashion, every
important thing which  you should do in carrying out the
particular transaction or  activity covered by that checklist.
     For example, if you are going to purchase a home, you  will
go to checklist A:  "Buyer's Checklist:  Purchase of  Real
Estate."  There you will find a list of virtually  everything you
should do through the entire process, from  before signing any
agreement through the period after the  closing.
     As you can imagine, the checklists are wonderful
timesavers, as well as a means of preventing costly and  possibly
catastrophic oversights.  Even if you are  relatively uninformed
aboutthe kind of transaction in which  you are involved, the
appropriate checklist will help you to  understand the process
and to take the proper steps in  bringing it to a successful
conclusion.
     The names of all the checklists are found in the Table  of
Contents.
          3.   Forms and Legal Documents.  These comprise the
longest portion of THE DESKTOP  LAWYER, and they are the heart of
this work.
     The forms, as you can see by glancing over their names  in
the Table of Contents, provide a very extensive  collection of
"model" legal documents for purposes related  to real estate
transactions, business, investment,  corporate, and personal
needs.  Under "Personal", for  example, you find forms for
granting power of attorney - something almost everyone needs to
do from time to time.   Under the same category there are, among
other documents,  forms for a pre-marital agreement, for a gift
to minor under  the uniform Gifts to Minors Act, and for more
than one kind  of will.
     While in some situations the forms may be used just as
they are found in this book (you are permitted to photocopy  or
otherwise duplicate them for your own use), you should be
strongly aware that practices and terminologies and laws  vary
from state to state, and that it is often impossible to  create a
form which is suitable for use "as is" everywhere  in the
country.  You will have to be sure that the form you  are using
is adapted, if necessary, to the requirements and  customs of the
location where it will be used.
     There are various ways to determine whether a form needs
alteration: 
     1.     Ask a lawyer. 
     2.     Ask the advice of some other person knowledgeable in
the field, such as a real estate broker or a banker,  depending
of course on the subject with which you are  concerned. 

     3.     Visit a local law library or perhaps a public library
and ask the reference librarian for help.
 
     4.     Call a state or municipal authority which may have
information on the subject.

     5.     If forms are of a type which are filed in public
records,go to the courthouse and ask at the clerk's  office how
you may inspect such documents.  Court clerks  are prohibited
from giving legal advice, but they and  their staffs can be
extremely helpful in providing  information and giving access to
useful files.

     Just remember, the forms in THE DESKTOP LAWYER have been
designed as nearly as possible to be used just as they are,  with
the blanks suitably filled in, and so you should find  them to be
tremendous savers of time and money...but you may  be affected by
state law and practice.
     Furthermore, bear in mind that a written document is  only
the means of formalizing a previously made decision.   The forms
cannot substitute for sound thinking and good  legal planning.
Here are some of the things you should do  in order to get the
most from this book:
     1.     Gather all the facts you need in order to make a
decision.
     2.   Before turning to legal research or legal forms, make
your decision based on your own knowledge, experience,  and
intuition.
     3.     Now that you know what you want to do, check the laws
and regulations (federal, state, county, and municipal)  which
may have any effect on your plans.  Alter your  plan accordingly
if necessary.
     4.     Determine the most advantageous way in which to
structure the carrying-out of your decision.  Use the
explanatory and checklist sections of THE DESKTOP  LAWYER.  Look
at alternatives.  Consider all the  angles...in particular how to
protect yourself and your  money should things not work out the
way you hope they  will.
       5.     Select the necessary forms from THE DESKTOP LAWYER and
then be sure that they are adapted to local use.
     6.   If you have doubts or questions, or if some part of
your  project is beyond your own capacity, talk to a local
attorney.
     It cannot be repeated too often that a great many of the
problems which people bring to lawyers could have been  avoided
by a minimal knowledge of legal principles.  It is  rare for a
lawyer to discover that his client has not -- in  an effort to
clear up the situation without the aid of an  attorney -- taken
some wrong step which only complicates his  situation.  Study THE
DESKTOP LAWYER as a means of educating  yourself and preventing
such errors.  Its potential for your  benefit is vast, but even
if you put it only to this one use -- preventing mistakes based
on ignorance -- it will pay for  itself many times over.
     The rest is up to you.  This book will give you a good
foundation of knowledge in many basics of law and legal
procedure, and it will provide you with a great many of the
tools needed to carry out your decisions.  With the help of  THE
DESKTOP LAWYER you can take a firmer hand on the helm of  your
own life, avoid the rocks and shoals which have brought  others
to grief, and steer your chosen course more  confidently and
surely.