Elements and Performance Criteria
- Define nature of the document
- Identify relevant legal principles
- Statutory and general law principles governing the document and its function in the conveyancing transaction are identified
- Rules governing construction and interpretation of contracts and other legal documents are identified
- Rules for use of precedents, standard form contracts, and statutory forms are identified
- Appropriate legal research is carried out, as required
- Identify interests of client
- Check document for accuracy
- Parties, property, information and factual details are checked for accuracy and relevance
- Annexures to the document are checked for accuracy and relevance
- Where the document or an annexure is required to comply with a procedural or formal requirement, the document or annexure is checked for compliance
- Where the document or an annexure comprises a statutory or prescribed form, it is checked for compliance with statutory and practice requirements
- Information to be obtained from or provided to third parties or other professionals in relation to the document is identified
- Examine document
- Applying relevant legal principles, the terms of the document are examined closely
- Key terms are interpreted and analysed
- Rights, responsibilities and liabilities of all parties, expressed or implied in the document, are identified and assessed
- Any lack of conformity with client's initial instructions is identified
- Any gaps, lack of certainty or ambiguity in language is identified
- Any non-compliance with legal principles within the document is identified
- Evaluate issues
- Legal issues and risks to the client arising from the document are identified
- Non-legal issues and risks to the client are identified
- Extent to which the document does or does not protect the interests of the client is identified
- Key terms or points for negotiation with third parties or other professionals are identified
- Advise client
- Rights, responsibilities and liabilities of all parties are summarised and clearly communicated to the client
- Client's specific rights, responsibilities and liabilities are stressed and clarified for the client
- Legal issues and risks arising from the document are summarised and clearly communicated to the client
- Non-legal issues and risks arising from the document are summarised and clearly communicated to the client
- Clarify instructions
- Where it is considered the document does not adequately protect the interests of the client, or meet the client's other needs, alternative courses of action are determined and discussed with the client
- Legal and non-legal consequences for each alternative are summarised and clearly communicated to the client
- Client is assisted in selecting a course of action
- Attending to signing the document
- Document advice
- A file note recording the substance and details of the advice given to the client and the instructions received, is prepared
- Correspondence confirming the advice given in relation to the document, and instructions received is despatched to client
- Where the document is not signed in the conveyancer's office, clear and concise instructions on signing and witnessing document is included in correspondence dispatched to client