Generic legal documents are readily available online. So why engage the services of a lawyer?

Over the past few years there has been a boom in the online legal document business. You can now download a wide variety of legal documents off the internet including a will, a contract or lease - even a divorce form, for a fraction of the cost of engaging a lawyer to draft one.

At first glance these online documents seem to offer convenience and value for money, but it is a case of buyer beware! Downloading and using generic legal documents or forms gives the false impression that the document will be fit for purpose. However, their use could end up costing you more in the long run, be ineffective in accomplishing your aims, and be unenforceable in the event you end up in court over a dispute.

For example, generic online legal documents can be out of date or flawed, and the companies which sell them make no warranty that their products and services will be fit for purpose. Misguided or incorrect assumptions can be made by the purchaser as to the use of certain phrasing, or the necessity of certain clauses or policies in such documents, which can put them, their assets or their business interests at unnecessary risk or cause reputational damage. There is also a tendency when using off-the-shelf documents to simply adjust the circumstances to fit the document, however, legal issues are rarely straight-forward. Engaging the services of a lawyer provides clients with peace-of-mind knowing their unique circumstances have been considered, and the legal documents have been customized to meet their specific needs.

Many websites also offer access to a virtual lawyer however, this adds to the cost and can be problematic in that you may not be getting the best or most appropriate legal help. For example, the lawyer is not one of your choosing, they may not possess a suitable level of expertise in law relevant to your matter, nor be familiar with the laws of your jurisdiction.

Scammell & Co have experienced lawyers who can answer your questions, provide you with tailored advice and services on all aspects of contracts, leases, and other documents to ensure they meet your specific needs, mitigate risks and protect your assets.

For further information on how we can assist you with your contracts, leases and agreements click HERE

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.

Considering a DIY Family Law Consent Order? You might be setting yourself up for failure.

While the Family Court's 'DIY Kit' provides information and guidance about making an Application for Consent Orders, we highly recommend that you obtain legal advice and assistance before attempting to draft the Court documents yourself.

In addition to the application form, you must submit Consent Minutes of Order detailing the terms of your financial/ parenting agreement with your former partner. Even if you both agree on the wording, if the Minutes are not drafted properly or if you fail to provide sufficient information to the Court, you will receive a requisition letter advising that your application was unsuccessful.  Your former partner might then perceive your agreement as unfair and seek changes.

Poorly drafted Minutes could also result in future problems. For example, if your former partner refused to pay your settlement sum or in the agreed time, you could be left without non-litigious options to get your money. Or, what are reasonable terms for interstate and overseas travel with the children?

Our experienced Family Law solicitors have the knowledge and experience to foresee and avoid such difficulties. By tailoring your Minutes (and application form) to your individual circumstances, we can best ensure that you obtain orders in the terms agreed.

Natalie Lloyd
Solicitor
Family & De Facto Law | Divorce | Children/Parenting Matters
nlloyd@scammell.com.au

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.