Assess relevant legal principles

1. Identify and document statutory and common law principles governing legal document and its function in conveyancing transaction
2. Identify and document rules governing construction and interpretation of contracts and other legal documents
3. Identify and document rules for use of precedents, standard form contracts, and statutory forms
4. Conduct legal research, as required

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Identify interests of client

1. Identify legal interests of the client in relation to subject matter of legal document
2. Identify terms essential to protect client’s interests
3. Identify non-legal interests and other needs of the client in relation to the subject matter of the document
4. Check parties, property, Certificate of Title/s, information and factual details are accurate and relevant
5. Check annexures to the document are accurate and relevant
6. Check legal document or an annexure for compliance if it is required to comply with a procedural or formal requirement
7. Check legal document or annexure for compliance with statutory and practice requirements if it comprises a statutory or prescribed form
8. Identify information to be obtained from or provided to third parties or other professionals in relation to legal document
9. Examine legal document and interpret and analyse relevant legal principles and key terms
10. Identify and assess rights, responsibilities and liabilities of all parties, expressed or implied in legal document
11. Identify conformity with client’s initial instructions and any gaps, lack of certainty or ambiguity in the language
12. Identify any non-compliance with legal requirements within legal document
13. Assess legal and non-legal issues and risks to the client arising from legal document
14. Interpret extent to which legal document does or does not protect interests of client
15. Interpret key terms or points for negotiation or referral with third parties or other professionals
16. Summarise and communicate rights, responsibilities and liabilities of all parties to client, including specific rights of client
17. Summarise and communicate legal and non-legal issues and risks arising from legal document to client
18. Determine and discuss alternative courses of action with client where it is considered legal document does not adequately protect interests of client, or meet client’s other requirements
19. Summarise and clearly communicate legal and non-legal consequences for each alternative to the client
20. Assist client in selecting a course of action
21. Refer client to other professionals for advice on appropriate course of action, where required

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Attend to signing legal document

1. Identify statutory and other rules governing signing and witnessing of legal documents
2. Apply relevant rules governing signing and witnessing of documents in the execution of legal document by client
3. Prepare file note recording the substance and details of the advice given to client and instructions received
4. Despatch correspondence to client confirming advice given in relation to legal document and instructions received
5. Provide concise instructions on signing and witnessing legal document, where required

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