Yesterday I was asked to consider taking on a project for a potential client. On the surface it seems like a really interesting project, and it would be a mechanism to help one family.
You knew that was coming didn't you. There's always a but with attorneys...
I'm not sure where it falls ethically. It's not wrong per se. But the Indiana legislature has adopted a law which says this type of agreement would be against the public policy of the state, and therefore, would be unenforceable in court if there was a breakdown between the parties to the contract.
I have no problem helping this particular couple if they understand the full ramifications that it's really just so much paper if the agreement breaks down. But I am concerned about how this could be used in the future.
The law doesn't do a good job of keeping up with technology. There's always a lag. Legislatures and courts don't have crystal balls available to them that let them know what will be the next hot area. Judges and legislators are also rarely eager to charge into uncharted territory...too much potential for hidden dangers to erupt.
So I'm praying and seeking wisdom to know which way to go with this situation.
On a sidenote...if you like the Constitution and law, you should check out the Alliance Defense Fund's blog Constitutionally Correct.