Welcome to Legal Consolidated Barristers & Solicitors

• Legal Consolidated is responsible for the documents.
• Your client becomes our client.
• There is a direct client relationship between us and your client.
• We are the only law firm in Australia providing legal documents online.

Legal Consolidated website vs non-law firm website

• Over 6,400 Australian accountants and advisers build legal documents on our website.
• This is for their clients.
• Because we are a law firm, your client becomes a client of the law firm.
• Therefore, our law firm is responsible for the documents built on our website.
• Every document comes with a letter addressed to your client confirming that we authored the legal document.

In contrast, a non-law firm website:

• merely resells a lawyer’s template; and
• therefore, there is no law firm responsible for the documents you built for your clients

Non-law firm’s websites merely re-sell a lawyer’s template – dangerous

Non-law firm websites buy, beg, borrow or steal a law firm’s template. 

Often the templates are never updated or monitored by a law firm. In Australia, a law firm is not responsible for ‘re-sold’ templates. You, as the accountant and your client, are on your own.

Worse still the adviser and accountant are providing ‘legal advice’. This is because the template is resold by non-lawyers. There is no direct relationship between the lawyer that first provided the template and the end-user, being the accountant’s client. ‘Tax agent services’ does not extend to giving legal advice: s90-5(1) TASA 2009. Tax agents are not protected by non-law firm websites.

ACT and South Australian tax agents using non-law firm websites breach:

• s16(1) & 21(2)(b) Legal Profession Act 2006 (ACT); and
• Legal Practitioners Act 1981 (SA)

Using a non-law firm website breaches ‘preparing documents that create or regulate legal rights’.

In Western Australia, a non-law firm website breaches the ‘preparing of any deed, instrument or writing dealing with real or personal estate’.

Even the supply of Trust deeds and Employment Contracts breach the law. A tax agent building trust deeds on a non-law firm website breach the law: sections 21(2)(d) and 21(2)(b) Legal Practitioners Act 1981 (SA).

Incorporating a company on a non-law firm website breaches the law because a company needs (or should have) a constitution. A constitution is a ‘deed’. Only lawyers can legally prepare deeds. Similarly, a POA is a deed. So an accountant or adviser building a POA on a non-law firm website, including a website provided by a State government, breaches the law.

We do not re-sell a lawyer’s template. We are the law firm.

Before using a non-law website consider:

1. Who is doing the drafting? The Family Trust Deeds, Power of Attorneys, 3-Generation Testamentary Trust Wills, Loan Agreements, Leases and the 100s of other documents are drafted by the Australian law firm Legal Consolidated Barristers & Solicitors. While accountants and clients may type in answers to the questions, the law firm controls the logic flow, question, hints, training videos and systems. We retain copyright of our documents and we are responsible for the legal document. The law firm is drafting the online document.
2. Who is responsible for the drafting and its legal correctness? The law firm developed and controls the system. The law firm provides locked PDF documents of the finished document together with a covering letter on law firm letterhead confirming that we prepared and drafted the legal document.
3. Where is the client’s ‘personal information’ and data stored?  All information is stored on the law firm’s website. Your client retains legal professional privilege.
4. Can non-lawyers charge to prepare legal documents? No, they cannot. However, a professional person such a financial adviser or accountant can charge for the time in giving the relevant financial planning and accounting advice. For example, much of the work in Estate Planning is understanding the client’s tax position, financial planning, superannuation and business structures.

Are accountants and advisers giving legal advice when building legal documents on our website?

Our law firm’s website empowers accountants and financial advisers to build legal documents for their clients. Documents include Trust Deeds, Self-Managed Super Deeds, Companies and 3-Generation Testamentary Trust Wills.

Legal Consolidated Barristers & Solicitors is the only law firm in Australia providing online legal documents. On our website, you deal directly with a law firm. You get:

a. Legal Professional Privilege

b. legal advice and help to answer the online questions – telephone us

c. letter confirming that Legal Consolidated Barristers & Solicitors authored and is responsible for the document

d. the law firm is responsible for the legal document including:

* the questions, hints and training videos

* dynamic logic flows – the next question changes depending on the previous answer

* the answers you type in (e.g. if the accountant or adviser incorrectly misspells the client’s name we are responsible)

* the legal document, minutes and covering letter

* the signing of the documents

Am I giving legal advice when I build a document on a law firm’s website?

You are not giving legal advice when you build documents on our law firm’s website. You are a  ‘mere scribe’.  See:

• Attorney-General v Quill Wills Ltd (1990) 3 WAR 500
• Legal Practice Board v Computer Accounting and Tax Pty Ltd [2007] WASC 184
• Cornall v Nagle [1995] 2 VR 188 at 210
• Tax Agent Services Act 2009 (Cth)
• Sinclair v C of T [2010] AATA 902
• Andre Agassi v Robinson & Bar Council & Law Society [2005] EWCA 1507

The Tax Institute’s Estate & Business Succession Planning, 7th edition, states on page 9:

‘Work that is undertaken in association with the law or legal practice will not necessarily constitute engaging in legal practice. Examples include:

* clerical or administration tasks

* selling legal documents; and

* advising of incidental legal requirements by a person in the pursuit of an occupation other than law, eg tax agents advising on the requirements of tax legislation.’

What about a financial planner’s Dealer Group?

AFS licensees provide a list of ‘financial products’ you offer your clients. Our law firm’s online legal documents are not investment products.

Your practice can build legal documents online for clients. Each document comes with our letter confirming we authored the document.

Some dealer groups and accounting houses require that a lawyer speaks to your client. Just tick the box, as you build the document if you want this service. Our lawyers contact your client regarding the document.

For free, create your own Estate Planning Standard Policy for your practice. Build it now: https://www.legalconsolidated.com.au/estate-planning-standards/

While you can build over 380 different documents with us, the most commonly built documents by adviser and accountants are:

3-Generation Testamentary Trust Wills

Family Trust updates

Secret Trusts

SMSF special purpose companies

Unit Holders Agreement

Letter of Demand with Writ

Employment Contract

Commercial lease

Our law firm’s retainer Law firm providing legal documents online

Click this link to view our Retainer

Our law firm’s Privacy Policy

Click this link to view our Privacy Policy

Use of the Service Law firm providing legal documents online

1. All legal documents you build on our law firm’s website are subject to the Terms of Service.

2. Legal Consolidated Barristers & Solicitors is a law firm. We can and do give legal advice. Seek advice if you are unsure about the legal document you need.

3. You may incorrectly interpret or misunderstand a question and therefore end up with a document that is wrong or won’t work. So contact us as required.

4. The legal, commercial and taxation effects of a document vary based on your personal situation.

5. Only you know the purpose for which you intend to use a document you build: Our law firm is not responsible for your choice of the document. If in doubt, telephone us on the document’s suitability.

By using Legal Consolidated you agree to these terms of service.

General Permissions & Restrictions

You agree not to distribute any of our information or documents.

You agree not to alter any part of the documents. If you do then we are no longer responsible for the document.

100% Full Refund Policy

You get a full refund, upon request, provided you agree to not use our legal document.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Legal Consolidated, any parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from your use of and access to the services.

Please telephone for help building any of our documents

Adj Professor, Dr Brett Davies, CTA, AIAMA, BJuris, LLB, Dip Ed, BArts(Hons), LLM, MBA, SJD
Legal Consolidated Barristers & Solicitors
National Australian law firm
Mobile: 0477 796 959
National: 1800 141 612
Email: [email protected]
Skype: brettkennethdavies
Documents: https://www.legalconsolidated.com.au/firm

‘Legal Consolidated’ is an Australian law firm Legal Consolidated Barristers and Solicitors (ABN 94936003432).

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