AmbergrisCaye.com Home Forums Belize Life Living in Belize Help with legal matter in Belize

Seashell - can you clear your PM box?

Hi guys,

Only Diana had any idea what I was talking about.

Of course I know you have to pay lawyers for their time. Thats not in question.

I am travelling to countries outside of Belize to make several purchases. My idea was to have in my hands a SPA that complies with Belize Law so I could get it notarised when I finally get to Belize. I do not want to have to come to Belize first to get such a blank form and then travel to BVI or Colombia to use it.

But it seems that a Boiler Plate doc does not exist.

Ill figure it out.

Thanks for responses.

linzz, as a lawyer in the states who DOES NOT specialize in contracts, but knows more than the average bear (as lawyers have to suffer through a year of Contracts course in law school), I will confirm you are correct - no "boilerplate" contract document exists. Every single jurisdiction I know of has different contractual laws. As you must know, a contract is a "meeting of the minds" so to speak. Not to mention, the numerous loopholes defending its enforcement, many, if not all, are too complicated for discussion here.

I also would venture to guess that any lawyer in any country would be unable to provide you with any services other than drafting the contract...think malpractice or along those lines.

So, do your due diligence, figure out your terms and have a reputable lawyer in the jurisdiction you seek enforcement of the contract draw up the terms.

Good luck!

Most lawyers I have come across anywhere, and Belize is no exception, are adept at court procedure and drafting forms and little else. Especially in Belize, don't think in terms of suing a lawyer for substantive redress if anything goes wrong. You may pay a lot in legal fees but you won't get substantive redress.

I know a local lawyer (Belize City) who does specialise in contract work here, and he was highly recommended to me by someone whose own business experience suggests he knew what he was talking about. But he would need a very clear brief. He is unusual in that he is also a qualified accountant, so he has a much broader perspective than many lawyers. He originates from the USA, but he is qualified to practice here as well. With the above significant caveat I could PM you his details.

Peter, well, thank you very much, but that is what lawyers do, among numerous other things that are irrelevant to this discussion. But whatever your opinions may be on the sometimes necessary evils of life (retaining a lawyer to defend or assist you in a little situation), I stand by my comments above. My reference to malpractice or redress, as you refer to it, is just that: any attorney worth his or her salt, will not just fork over a blank contract form: Because 1) no such form exists and 2) on what basis could it actually be provided? There are as many different kinds of contracts that can be drafted as there are people living on this planet.

Now, tell me...does he wear a white wig in court in Belize?

Sorry LaurieMar - no personal slight intended! But my experience has been gained over many years first in Britain and then here.

My brother was once represented in England in a criminal matter by a major firm of solicitors and a leading QC. Their joint performance was so mechanistic and inadequate that he ended up suing them - even though suing a lawyer, in Britain at any rate, is an almost impossible task. He had to retain a Scottish team to do it as he couldn't find anyone in England who would take it on.

The result was a very large settlement out of court from each party, with the firm of solicitors admonished by the Law Society (their professional body) and the barrister disbarred. But that took six years and most people couldn't have carried it on (the legal fees alone were over $150k). But he had to do it as proving his innocence on the (minor) criminal matter was critical to his work, and the two went together. He and I are now pretty cynical about the law profession.

As to the wig worn by my contact, I imagine he does when he's in the Supreme Court or the Court of Appeal. I don't think they're required elsewhere.

Peter,
I can understand your brother's experience. Lawyers, like any other trade/profession come with varying degrees of skill of course. You really have to shop around and talk to people before hiring one. I appear in court rooms several times a year in my work and I see the difference.

Some times I leave and say to myself, "man what just hit me" other times I see the less than best performance. There really have been times when our lawyers have suggested to me that it would be best to settle or drop the matter than to appear in court with certain attorneys because they are that good.

Back in the 80's I was in business developing properties and building homes. Much of my success was due to the advice and actions of my attorney and for that I will forever be grateful of his skills. He was a valuable asset to my business.

My complaint with attorneys is that they all seem to needlessly complicate transactions and more than once I have had to simplify the transaction. Of course when things go right, no problem and when they don't . I guess the problem today is a hand shake and a person's word doesn't seem to mean what it used to.

Way back at the beginning of time I was a Realtor in California. The California Department of Real Estate published a DRE approved 'standard' sale agreement. Many companies used precisely this form, added their logo and then made an addendum that addressed special circumstances in their particular market area (zoning, water conservation etc). That was in a jurisdiction where attorneys were rarely if ever used in real estate transactions (we had escrow companies and title companies doing the transfer work). So - these things did exist at one time and probably do somewhere. The thing is that they are very area specific, would not apply from one jurisdiction to another and the fact that you can buy one does not mean that you have any idea how to use one. Kind of like that legendary piano ....... to own a piano is not to be a pianist.
IMHO - when you go to a new place, hire a professional to represent you.

Yes ragman. Ironically my brother is one of very few Expert Witnesses in a highly specialised field and appears in Court at least monthly. This was the work he needed to protect. The trouble is, these days in Britain one is strongly encouraged (by police, government and lawyers) to plead guilty to minor criminal charges because it's simpler and cheaper that way, and clogs up the courts less. No matter whether you actually did it or not. You try to go against that and you really have a struggle on your hands.