Knowing the rules of the game makes a difference.
Do you remember playing board games as a child, and having arguments about the rules of the game? I have sometimes joked that lawyers are the ones who took the time to read the rules on the back of the box. Nonetheless, it is certainly true that people expect lawyers to know the rules.
A recent case demonstrates this issue in the context of a probate proceeding. The initial paperwork for the proceeding was filed and the court entered the necessary orders to appoint the Personal Representative (executor). Unfortunately, the rules of procedure had not been followed. Turns out, that the decedent's grandson had filed a document known as a 'Caveat' and had challenged the validity of the Will.
A Caveat tells the court that there is an interested person that wants to be involved in the proceeding, receive notice of various actions, and even have a chance to object before actions are taken. In this case, the court ignored the Caveat and appointed the Personal Representative. The grandson's challenge to the the validity of the Will was not heard. The rules of the game require that these challenges be resolved before the Personal Representative is appointed.
