Declaring a Contract with a Lawyer void.

[Beshtau]

Jurisdiction

New York

Is a Bad Command of English an Excuse for Declaring A Contract Void?

A woman who is not fluent in English signed a contract with a lawyer in New York.
I read the document later and found some unacceptable terms. Is it too late to make changes in the contract?
Or perhaps is it possible to insist on some improvements?

 

[justblue]

Is a Bad Command of English an Excuse for Declaring A Contract Void?

A woman who is not fluent in English signed a contract with a lawyer in New York.
I read the document later and found some unacceptable terms. Is it too late to make changes in the contract?
Or perhaps is it possible to insist on some improvements?

Who are you in this situation?
What do you mean by "unacceptable terms"?
Is the client uneducated or not fluent in English?
Why did client sign the contract is they did not understand it?

 

[zddoodah]

A woman who is not fluent in English signed a contract with a lawyer in New York.

Did she speak with the lawyer in English or whatever language she is fluent in? Before signing the contract, did she ask to have it translated into her language? If not, why not? Did she take the contract to someone fluent in both English and her language? If not, why not?

By the way, I assume we're talking about a contract by which the attorney will represent this woman in some sort of legal dispute. Correct?

I read the document later and found some unacceptable terms.

Unacceptable to whom? You? Her? What are the terms, and why are they unacceptable?

Is it too late to make changes in the contract?

She'll have to discuss with the attorney whether he/she will be willing to amend the contract.

Is a Bad Command of English an Excuse for Declaring A Contract Void?

No. Just because one doesn't understand English well does not mean that one lacks common sense. I wouldn't sign a contract in a language in which I'm not fluent without having it fully translated. Failure to act with common sense is not a basis for voiding a contract.

 

[Tax Counsel]

Is a Bad Command of English an Excuse for Declaring A Contract Void?

A woman who is not fluent in English signed a contract with a lawyer in New York.
I read the document later and found some unacceptable terms. Is it too late to make changes in the contract?

Not if the lawyer is willing to make the changes she wants. But to answer your question asked in the title of your thread her poor understanding of English is not a reason the law recognizes for voiding a contract. If one doesn't have a good grasp of English and is presented with a contract written in English, then common sense should tell that person to go to someone who knows both her language and English well to have the contract either translated or explained to her in her native language.

IOr perhaps is it possible to insist on some improvements?

She may "insist" on whatever she wants. But that doesn't obligate the attorney to comply with her wishes.

She may ask the attorney for the changes she wants. I suggest she not take a demanding tone about it since being confrontational about is a good way to (1) put the lawyer on the defensive and more likely to say no and (2) poison the relationship between the two such that the rest of the representation may be rocky.

How familar are you with attorney fee agreements? You may discover that the terms you find objectionable are found in most lawyer fee agreements. What is it exactly that you think is unfair to her?

She always has the right to terminate her lawyer and get another one. She'd have to pay any fees the attorney has earned so far, but would not be obligated to continue having the attorney respresent her going forward. If the representation is for a court case and the attorney has already entered an appearance in the case the court will have to approve the substitution of attorneys.