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For example, generic online legal documents can be out of date or flawed, and the companies which sell them make no warranty that their products and services will be fit for purpose.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.
Covid-19 lockdowns give rise to commercial leasing disputes
Legislation introduced by the South Australian government in the early stages of the COVID-19 pandemic in 2020, (namely, the Covid-19 Emergency Response Act 2020 and COVID-19 Emergency Response (Commercial Leases No 2) Regulations 2020), provided special protections to tenants, preventing landlords from imposing rent increases and/or evicting tenants experiencing financial hardship caused by ongoing restrictions and lockdowns.
This in turn caused confusion from landlords and tenants alike, leading to a spike in commercial lease disputes and both tenants and landlords seeking legal advice from commercial and property lawyers throughout South Australia.
With a new emphasis on negotiating on good faith, and businesses being able to continue to trade after the end of the COVID-19 pandemic, many issues were resolved without litigation being instigated via negotiations between the parties and mediation, however, more contentious disputes were still being referred to and dealt with in the Magistrates Court.
With the ever-present risk of further Covid-19 outbreaks, businesses across the state face continued uncertainty and financial pressures brought about by ongoing disruptions to trade, especially amongst the state’s hospitality and retail sectors. These ongoing economic challenges highlight the importance of regular and frank communication between businesses and landlords and ensuring rights between the parties are properly documented (i.e. via lease agreements).
A lawyer with leasing experience can assist with a range of matters including, to:-
- assist in the negotiation of lease terms
- draft and review leases
- provide advice on financial obligations and potential pitfalls
- renegotiate leases
- advise in respect to breaches of lease
A Scammell & Co lawyer can also represent either party in any legal proceedings which may be brought before a court because of an unresolved dispute over a lease.
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.
In a dispute over a breach of contract? Here are your options.
A contract is a legally binding agreement between two or more parties that sets out the obligations and expectations of the relationship or transaction. Most commercial and consumer dealings are regulated by a contractual agreement.
There are three basic elements to a contract. Firstly, there must be an agreement between the parties where one party offers something, which the other party accepts. Secondly, each party must give something of value such as money, goods and services, skills, or labour. Thirdly, each party must have willingly entered into the agreement.
Not all contracts have to be in writing, however, to avoid misunderstandings that can lead to disputes, it would be prudent to have a written contract. In certain circumstances it is a legal requirement that contracts are in a written form.
Depending on the type of breach the contractual obligations may be repudiated by the other party to it. An example of repudiation is where a party openly states that they are either unwilling or unable to perform their obligations under the contract. A party’s conduct can also amount to an act of repudiation.
If a contractual breach occurs by one party, the party that is not in default can take three actions:
- they can sue for specific performance, which includes a court order directing the party that is in default to carry out its contractual obligations.
- they can seek an injunction, which is a court order restraining a party from breaching the contract.
- they can sue for monetary compensation (known as “damages”) for any loss resulting from the breach of contract.
Irrespective of which side of the dispute you find yourself, a Scammell & Co dispute resolution lawyer will support you through the process. This includes:
- providing legal advice and workable options to protect your interests;
- handling negotiations;
- conducting mediation; and if all else fails,
- representing you before a relevant court.
A Scammell & Co lawyer has the experience to safeguard your rights and resolve disputes as quickly and amicably as possible to avoid you incurring further losses.
For further information about our legal services relating to contracts, leases and agreements, please click HERE
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.
Giving evidence in a court of law is a serious undertaking. Here are the key considerations.
If you have received a summons or subpoena to appear as a witness in a criminal or civil trial, then you are required to attend court. If you do not attend court at the listed date and time and without a reasonable excuse, then you may be charged with contempt of court or a warrant may be issued for your arrest. As the schedule for trials will often change, you should contact the party that has called you as a witness prior to the listed date and time, to confirm your attendance.
As a witness, it is likely that you have previously provided a written statement to the party that has called you as a witness in the case. Prior to giving your evidence in court, read over your written statement and refresh your memory in respect of the event that you will be questioned about. For example, when it occurred (the date and time), what you saw or heard and who was present. If any part of your statement is incorrect, then you should inform the prosecution or defence right away.
When you arrive on the day, you will need to wait outside of the courtroom until the court is ready to hear your evidence. As you cannot wait inside of the courtroom, you may bring a book, magazine or mobile phone to occupy yourself while you wait. If the court cannot hear your evidence on that day, then you may be required to return to court on another day.
When it is your turn to give evidence, you will swear an oath or make an affirmation to tell the truth. First, you will be asked questions by the party that has called you. This is called examination in chief. Then, you may be asked questions by the other party in the case. This is called cross examination. You may then be re-questioned by the party that has called you before being released as a witness.
After your evidence is given, you can leave the court or remain in the public gallery of the courtroom to observe the remainder of the evidence being given.
You must tell the truth when giving evidence. So listen carefully to the questions, ask that the question be repeated if you did not hear it, do not feel pressured to answer quickly and do not guess the answer if you do not know. It will also assist the court if you answer the questions in a clear and loud voice.
A person who knowingly makes a false statement under oath or affirmation may be charged with an offence carrying a maximum penalty of 7 years imprisonment.
For information about Scammell & Co.'s Civil Litigation services and the dispute resolution process click here
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.