CONFESSIONS OF A LAWYER ON DOCUMENT AUTOMATION

Cassandra Townsend, Manager, Precedent Lawyer

When I was practising in law firms, having access to a precedent, rather than drafting a document from scratch, made life much easier.

There were a number of precedent systems I used such as: 

• merging a master file of client details in Word Perfect with precedents for commonly used letters and Court forms in our existing precedent bank;
• copying a document used in a prior matter, manually changing the details where relevant;
• typing out a precedent found in a trusty text in the Law Library; or even
• creating a precedent myself, maybe saving it in my own drive on the firm’s computer system where no other lawyers in the firm could access it (or even know I had it).

When I started working at Cleardocs, I learnt about online document generation – single use, pay per use document creation. In my experience, lawyers are used to storing precedents for multiple use – where use of a precedent to create a document tailored to specific circumstances of a client or matter has varying degrees of manual elements.

I can now appreciate the benefits and efficiencies that online legal document generation brings to the working day of professionals. The table below sets out some benefits, using our ClearWill withTestamentary Trusts document package as an example:

Benefit	ClearWill with Testamentary Trusts
An online service avoids the time, cost and complexity of installing software.	Cleardocs is easy to implement – visit our website and sign up to Cleardocs for free. You can then immediately start creating your documents.
An online service is available 24/7.	Through Cleardocs, you can create your documents anywhere and anytime, at your convenience.
There is no need to retype the same details – the automation provides a solution to the cumbersome manual form filling.	A complex will can be 50 pages or more. Rather than typing say, the willmaker’s name on each page required, you type it once into our online question interface and the Cleardocs system populates it all required parts of the document.
If your firm does not have a precedent, using an online document provider allows the firm to efficiently operate in new areas.	You can easily create a complex will for a client even if estate planning is not generally an area you practise in.
Using online legal document providers avoids the need for you to spend time updating your existing precedents to reflect changes to the law, allowing you to spend more time with your clients.	ClearWill with Testamentary Trusts, as with all our documents, is consistently and comprehensively maintained by our lawyers at Maddocks to comply with all laws.
Credible online legal providers work with law firms so that you can be confident you are delivering quality documents to your clients.	Cleardocs partners with Maddocks lawyers, a top 20 Australian law firm. Maddocks signs off all master documents, question interfaces and legal information on our website.

You can read our earlier blog about problems with using precedents to create legal documents.

For more information about ClearWill with Testamentary Trusts, or any of our other document packages, please call us on 1300 307 343.

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NEW VIC SUCCESSION LAWS? SPOTLIGHT ON ESTATE PLANNING

Cassandra Townsend, Manager, Precedent Lawyer

I recently read an article about proposed new succession laws in Victoria that will limit the categories of people eligible to contest a will.

Among other things, this demonstrates the importance of a comprehensive estate plan and a clearly drafted will. Cleardocs provides tools to help you achieve this through its various estate planning products:

• ClearWill Online;
• ClearWill with Trusts for Law Firms;
• Powers of Attorney in NSW and Vic;
• Death benefit arrangements.

In response to customer feedback, I am currently working in conjunction with expert lawyers at Maddocks to make available to customers further resources to assist you with your estate plan. These will be released from later this month and include:

• additional document package inclusions.
• ClearLaw articles.
• sample documents;
• visual aids; and
• more.

Stay tuned in the months ahead.

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Shaping the Cleardocs customer experience

Cassandra Townsend, Lawyer

The first quarter of 2014 has passed quickly. I have been busy focusing on new product development, working on enhancing our existing products and attending legal events, some sponsored by Cleardocs.

In coming weeks, we'll be releasing a new SMSF product and several product enhancements across our offering.

In my product development role, I am often asked the question "How do you decide what products to develop?" The answer is simple: we are driven by our customers.

Improving the customer experience is an important focus at Cleardocs – not only from a product development perspective, but also in terms of customer service, our website and Cleardocs technology. Many of you may have already provided feedback through our ongoing customer satisfaction survey.

In coming weeks, we will be contacting some of you to gain further insight into:

• your daily working activities;
• your needs, frustrations and challenges;
• how we can improve your Cleardocs experience; and
• how we can further help meet your and your clients' legal document needs.

We encourage you to speak honestly. We are keen to incorporate your feedback into plans for development of new products and to improve our processes and service to meet your needs.



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Should I use a template to create a legal document?

Should I use a template to create a legal document?

By Denice Fraser, Senior Marketing Executive

Everyone’s document requirements differ and there may be particular times when you, or someone you know considers using a template to create a legal document.

   

In essence, a template is a generic example - a DIY process, which relies heavily on the level of expertise and knowledge of the person using it.
 

You can obtain free legal document templates online for a number of document types. The problem with free legal document templates is that:

• they may not be regularly updated for compliance, with current Commonwealth, state or territory legislation;
• they may not be comprehensive;
• they may not cover every circumstance or situation – meaning you have an incomplete document (resulting in the need to draft sections yourself);
• they can leave you ill at ease (not knowing if your document is compliant);
• you can experience some pain populating the template ‘blanks’ without guidance; and
• the chances of receiving support to complete the template are slim.

What happens if you need assistance or advice? You may need to start again after gathering new information, lose a valued client, or be faced with a non-compliance penalty far exceeding the cost of the document you initially tried to avoid.

Through Cleardocs, you receive more than a template.  Cleardocs is an automated system that guides you through an interface and enters your answers into a master document, expertly drafted and maintained by top 20 law firm, Maddocks.

Cleardocs easy to use question interface guides you step by step, with help text, free helpdesk support and access to Maddocks. 

You can sample some of our documents here. You will need to register as a Cleardocs user in order to view these documents.  Registration to Cleardocs is free. These sample documents are produced from our master documents — which are like legal document templates. 

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Set up an SMSF and register the SMSF corporate trustee in one simple step

Belinda Thalakada, Customer Support

Set up an SMSF and register the SMSF corporate trustee in one simple step

In December 2013 , Cleardocs released its first combination package - SMSF setup + register Corporate Trustee. This new product comprises all the documents you would otherwise receive by separately completing a company registration and then, SMSF setup through Cleardocs.

What are the benefits of the Cleardocs bundled package?

As a result of us combining the company registration and SMSF setup products, you save time by now completing one online form instead of two.   This means you don’t need to enter the same information twice (i.e. member/director details, trustee information etc.).  It also means you only need to make one payment for the Cleardocs fee for both your company and SMSF set up, and you can purchase printing for both packages in one order (for a cost of $76).

What documents are included in the package?

Your document package includes a full set of documents for your SMSF set up and Company Registration:

Superannuation Trust (SMSF)

• the SMSF Trust Deed - the Deed is customised to reflect the SMSF has a corporate trustee;
• a Product Disclosure Statement summarising the features of the SMSF;
• Consents for the directors of the trustees;
• Minutes to set up the SMSF and set its investment strategy;
• applications, beneficiary notices and TFN notices for the SMSF members;
• ATO trustee declaration form; and
• an Establishment Kit explaining what to do next.    

Company Registration

• Certificate of Registration - which shows the ACN (Australian Company Number), the date of registration, and the registered company name; the company's Constitution - the Constitution is customised to reflect that the company is the trustee of a superannuation fund;
• Consent to act as Director;
• Consent to act as Secretary;
• Application for shares;
• Minutes of a meeting of directors;
• Share Certificates;
• Consent to act as Public Officer;
• Notice of appointment of Public Officer; and
• an Establishment Kit explaining what to do next.

All master documents are written in plain language and are signed-off by our lawyers at Maddocks.

10% off introductory offer extended to Friday, 28 February 2014.

Cleardocs are celebrating the release of this product by automatically providing a 10% discount off the Cleardocs fee of all SMSF setup + register Corporate Trustee orders paid on or before Friday 28 February, 2014. This discount means the total cost of the package is $691.50 instead of the usual cost of $719.00. 

Login to your Cleardocs account now to start saving.

MASTERS RETREAT FOR "SMALLER LAW FIRM SURVIVAL"

Cassandra Townsend, Lawyer

On 7 July, 2013, I had the pleasure of leaving the Melbourne cold for the warmer climate of Coffs Harbour. The purpose of my trip was to spend my Sunday attending a legal conference, CLE by the Sea.

CLE by the Sea focussed on the unique challenges facing smaller law firms and the ways small law firms can be 'winners' in the changing legal landscape. The conference attracted expert speakers from varying backgrounds.

There were 12 speakers in the Sunday session who presented in 2 different streams on interesting and stimulating topics such as:

·         areas for growth and opportunity;

·         issues of profitability and cash flow;

·         effective marketing;

·         trends in regional practice; and

·         taking advantage of legal outsourcing.

The conference was an excellent forum for sole practitioners and practitioners in small law firms to meet with others in similar roles, share their experiences and obtain some tips for successfully managing their practice.

We hope to use the Masters Retreat learnings, information and insights to help develop products in line with small law requirements.

Clarity’s Plain Language Conference October 2010

Christopher Balmford MD

Plain-language conferences are uplifting and energising events.
Clarity’s conference is on in Lisbon, Portugal in October 2010. For all sessions, there will be simultaneous translation between English and Portuguese.
Have a look at the program on the conference website here: www.clarity2010.com/home_en.html
Do come along. Also please encourage others to attend.
Plain-language advocates and practitioners often find conferences are the perfect way:

• to be reminded why they do the work they do;
• to learn from others;
• to further develop their ideas in discussions between the sessions; and
• to connect — or reconnect — with others who share their purpose.

Wherever your energy is at, if you’re interested in plain-language and clear communication, then Clarity’s conference always gives you a lift.
Here’s the site: www.clarity2010.com/home_en.html
Upwards & onwards
Christopher Balmford, President of Clarity, & MD of Cleardocs

SMSF Borrowing with Cleardocs – the process

Danni Kirwan, Marketing Executive

A number of our blog posts and ClearLaw articles over the past year or so discuss SMSF borrowing, — it continues to be a popular topic. Many people are unsure about the process, and what documents are required. Below, I set out the process, and the documents required, to get your SMSF borrowing ready through Cleardocs.

Overview

In overview, here’s what you need:

• An SMSF
  
• The SMSF needs an up to date Cleardocs deed
  
• Usually, the SMSF needs a corporate trustee — check with the lender
  
• You need an SMSF borrowing document package which includes a Declaration of Custody Trust
  
• Usually, the Declaration of Custody Trust needs a corporate trustee — check with the lender. Importantly, if you do need a corporate trustee for the Declaration of Custody Trust, then that company must be a different company from the one that is the SMF trustee (so you are likely to need two companies)

So you may need to:

• Set up an SMSF
  
• Update an existing SMSF’s deed
  
• Register a company, or two
  
• Change the SMF’s trustee to a corporate trustee

You’ll definitely need to order an SMSF borrowing package.

Before you start, find out the lender’s requirements.

Here’s the process step-by-step

Step-by-step

Step one: Have you got company trustees? You may need two

Most banks lending to SMSF’s require that both the SMSF and the Declaration of Custody Trust (contained in the SMSF Borrowing packages) have corporate trustees. This means you need two companies.

If you need to register one or both of them, then you can do so through Cleardocs.

For the company that is going to act as the trustee of the SMSF, make sure you tick the “Yes” box in the question interface that asks if the company will act solely as the trustee of an SMSF — as this will entitle you to a cheaper ASIC annual review fee.

You need to wait for ASIC to register your company before you continue with the next documents — as you will need the name and ACN number of the corporate trustee to complete the forms for the SMSF and for the borrowing package.

Step two: Set up SMSF, or update existing SMSF to Cleardocs deed

If you already have an SMSF with an up to date Cleardocs deed and with a corporate trustee, then you can skip to step 4 four.

To use the Cleardocs SMSF Borrowing packages, the SMSF will need to have a Cleardocs deed. This ensures:

• that your SMSF has the power to borrow in the first place; and
  
• that we know your SMSF deed works with any of the other related documents you purchase – such as the SMSF borrowing packages, or the Change of Trustee.

If you don’t already have an SMSF, then you can set up a new SMSF through Cleardocs for $137.50.

If you have an existing SMSF that does not have a Cleardocs deed, or that has an out of date Cleardocs deed, then you can update to the latest version of the Cleardocs deed for $99.

Step three: If required, change the trustee of the SMSF from individuals to corporate trustee

Most banks lending to SMSF’s are requiring the fund to have a corporate trustee. As I mentioned in my last blog post, many SMSF’s are also making the decision to change to a corporate trustee to enable easier administration in the circumstances of admitting or removing trustees, or the death of a trustee. Corporate Trustees can also allow for greater asset protection, and of course can enable a fund to operate with a sole individual as both the member and director of the corporate trustee.

If you have an SMSF that does not have a Cleardocs deed then you will need to update to a Cleardocs deed before you change the trustees. You need to update the deed with the funds current situation, and then use the Change of Trustee product to record the change of trustee/s.

If you are changing from individual trustees to a corporate trustee, then the document package Cleardocs provides will include a new trust deed as part of this package. This is because the deed differs depending on whether the trustee/s are individuals or a company.

Step four: Complete the SMSF Borrowing package

Cleardocs has two separate SMSF borrowing packages – one for borrowing from a bank, another for borrowing from a related party. Both packages require detailed information about the lender, the borrower and the asset to be purchased. To ensure you have all of the information required, it’s a good idea to download and complete the document checklist before you start filling out the online interface.

Have the lender review documents before you sign. It is much easier to change a document before it is signed than after it is signed.

More information

There’s more information about SMSF borrowing through Cleardocs:

• Self Managed Superannuation Fund Product Page
• Update to SMSF Product Page
• Change of Trustee Product Page
• SMSF Borrowing Product Page

Earlier blogs about SMSF borrowing:

• Instalment Warrants , SMSF borrowing, what's happening
• The banks and SMSF borrowing: remember the bank is acting for itself — not for the SMSF trustee(s)
• Part 1: Trading SMSF assets (and replacement assets) bought under an instalment warrant arrangement
• Part 2: Case studies of trading SMSF assets (and replacement assets) bought under an instalment warrant arrangement

As always, if you need more information you can call us on 1300 307 343.

Search your clients legal documents in seconds, not hours!

Thomas Lam, IT Manager


Have you ever tried to look for an DIY fund deed documents, etc you prepared many years ago for your clients and all you know is just the first name of one of the trustees?

The old way – ouch!

You probably have done this many times before – browsing through piles of client legal documents, sometimes with hints of when the documents were created (By the way these hints could be wrong too!). How frustrating and unproductive! And you probably cannot charge your client the time you spent on looking for these documents too.

The new way – search

Apart from best companies, trusts, SMSFs and HR legal documents, Cleardocs provides document management services to our users as part of the “Cleardocs Experience”.
As you may already know, most of our document management services are provided through “My documents” page. Recently our IT team added search box (circled in green in the diagram below) that allows our users to search answers of each document created with Cleardocs.



You could combine the search with any dropdown on the above toolbar. For example, you could do a search like “Completed” “HR Policies and Procedures Manual” created “Any time” with the word “Matt” in the answers. Click the “GO” button and our system will shows you all relevant documents in a second or two!

We hope this new search box will saves you times for more productive work.