4 Procedures of consulting and drafting contracts
Basically, the procedure of consulting and drafting contracts shall be as follows:
Firstly, receiving information and requests of the client.
Accordingly, not only for services of consulting and drafting contracts, the receipt of information and requests of the client is considered as the first step for information exchange between Lawyers and the client. The receipt of information is an important sub-step for Lawyers to have an overview of the case as well as clearly understanding the client’s requests to provide appropriate legal services. If this process of receiving information and requests is not clear, there will be causes resulting in the consequences of providing wrong legal services to the client as well as not ensuring the quality of services rendered by Lawyers.
Secondly, seeking legal regulations and researching information, documents as provided
When approaching any legal issue, Lawyer must seek the legal basis for relevant issues to use as the legal framework for the work that Lawyer is carrying out. For instance, when the client asks to be rendered legal services of consulting and drafting a commercial contract, Lawyer must approach relevant legal documents governing commercial contracts, thereby advising legal opinion for the client on the clear and correct basis, whereby drafting contracts based on the legal framework which has been carefully perused and researched.
In addition to seeking a legal basis for relevant issues, Lawyer shall need to study the documents provided by the client (dossiers, documents related to transactions that the client is planning to implement etc). The perusal of these documents helps Lawyer to supplement information for providing advice and drafting contracts as required by the client.
Thirdly, providing legal advice
After studying the legal regulations and documents provided, Lawyer will give legal advice to relevant issues in contracts. If the client has clear requirements for the content of legal advice, Lawyer will provide advice based on the client’s requirements. In case the client’s requirement is unclear, Lawyer will provide advice for general and relevant contents affecting the validity of the contract.
The formality of providing legal advice will depend on the agreement and the selection of the client and the service provider. Accordingly, Lawyer can provide direct advice through meetings or advice via email, official letter of legal advice etc. However, the formality of legal advice is often provided via email, legal advice letter for ease of reference, storage and implementation later.
Fourthly, drafting contracts
On the basis of legal advice, Lawyer will draft a contract based on the client’s decisions and selections. As the contract is an important legal framework for the parties to conduct transactions as well as the basis for settling disputes arising later (if any), therefore, drafting contract is carried out carefully and in accordance with the laws. Normally, each specific contract will have different contents, however, the work of Lawyer, in general, shall include drafting and setting terms on the subject, object, content, penalties or compensation for damages etc. When drafting a contract, Lawyer also notes that drafting of contracts has to be in accordance with the laws regarding content and formality, avoiding to fall into invalid cases stipulated in the Civil Code.
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