Legal advice is pricey, and those of us who can’t afford expert legal advice may be tempted to resort to DIY law. Legal templates are a dime a dozen on the internet, but there are so many reasons for you to avoid them like the plague. For one thing, a one-size-fits-all loan agreement or sale agreement could create more problems for you down the line than it could possible forestall upfront.
With this in mind, Richard van Helden, an advocate of the high court, came up with the idea of setting up a website that offers customisable, legally binding contracts that take the individual’s needs into account. The site took four-and-a-half years to set up, precisely because it’s not a set of templates but an interactive, intelligent platform that assists you in drafting smart contracts that are legally compliant and will protect you from the word go.
LawUnlocked is very easy to use. Pick a document (I chose to update my 1995 will!) and, for just R95, you are “walked through” the process in a way that mimics what you’d be required to do were you sitting with an attorney — provide your basic details (address, ID number, marital status), stipulate who your executor will be, and name your beneficiaries.
All this is at a fraction (estimated at about 3% to 5%) of the cost of an attorney’s consultation and drafting.
“We have covered everything, so the potential for any legal disputes later on will be eradicated,” says Van Helden. “Many of the documents you can download on the internet are unenforceable and dangerous. They may not be in compliance with South African law at all. And they certainly don’t take your particular needs and circumstances into account. Our automated forms will take you through a process that will meet your unique circumstances.”
You may, therefore, end up with a contract of, say, 34 clauses, while your neighbour may end up with a 22-clause document. Variations of clauses are taken into account and the sensible, multiple-choice format, with explanatory notes on jargon and choice implications, makes the process pretty much “idiot-proof”. At no point do you have to guess what to fill in: you are sensibly prompted. In effect, instead of having to choose from among 10 loan agreement templates on a site, you begin with one document and “build” it with the use of tags.
The site doesn’t touch on, say, litigation (“Litigation is a roller-coaster of unknowns, so you can’t anticipate what a client may need there,” says Van Helden), but straightforward contracts that people may stumble over, like agreements and wills, are covered.
Once you’ve completed the process online, you can then peruse the completed document and download it if you’re satisfied with it. It comes complete with instructions on where to sign and where witnesses should sign and so on, to make it legally binding.
You can also access documents that will facilitate an efficient court assistance programme, like forms pertaining to child maintenance. Because there are already public services to assist with that, all you really need is a form. Complete it, download it and you’re ready to go to the magistrate’s court.
When it comes to loan agreements, the documents take the National Credit Act into account, so if you try to charge more than 34,1% interest on an unsecured loan, the programme will prompt you that this is in contravention of the Act and you have to amend this. So every document has built-in legal compliance.
LawUnlocked has a prompt, efficient and free feedback service, so if you need help you can get it, usually in less than six hours.
Will this undermine attorneys’ business? Van Helden says it’s highly unlikely as those who can’t afford an attorney won’t go to one, anyway; LawUnlocked can assist here by charging a nominal fee and providing an effective service. He says lawyers have in fact been supportive, acknowledging that this meets a need.
“The legal system can’t remain the preserve of the rich elite,” says Van Helden. “You can now obtain a customised legal contact for less than that which the average lawyer charges for a phone call. It’s a bit like having a lawyer in your laptop.”
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