Contract drafting by a Legal Document Assistant (LDA)
Hung Le, PharmD., JM, LDA, CMPSS
A legal document assistant (LDA) can assist in drafting contracts, but they cannot provide legal advice unless they are also a licensed attorney. LDAs typically help with the technical drafting and preparation of legal documents. Below are the general steps an LDA might follow when assisting in drafting a contract:
1. Gather Information
- Client Interview: The LDA will gather all relevant information from the client to understand the terms and conditions they want in the contract.
- Identify Parties: Ensure that the correct legal names of all parties involved are included.
2. Determine the Contract Type
The LDA will confirm the type of contract being drafted, such as:
- Service Agreement
- Sales Contract
- Lease Agreement
- Employment Contract
- Partnership Agreement
- Real estate contract
3. Draft the Basic Structure
The LDA will outline the contract in sections, including:
- Introduction: Identifies the parties and the date of the agreement.
- Recitals: A brief statement of the background and purpose of the agreement.
- Definitions: Explains any terms that need clarification.
4. Insert Key Provisions
The LDA will add the required contract terms based on the client’s input, which usually includes:
- Obligations of the Parties: Specific responsibilities and duties of each party.
- Payment Terms: Payment amounts, deadlines, and methods.
- Delivery Terms: Timelines, locations, and conditions for any goods or services.
- Warranties and Representations: Statements of fact or assurances by either party.
- Termination Clause: Conditions under which the contract can be ended.
- Dispute Resolution: Methods to handle disputes, such as arbitration or mediation.
- Governing Law: Specifies which jurisdiction’s laws will apply.
5. Review Legal Formalities
- Signature Lines: Ensures space for signatures and date.
- Notarization: In some cases, contracts may require notarization.
6. Client Review
- The LDA will provide the client with a draft for review, making any necessary revisions based on their feedback.
7. Finalizing the Contract
After all revisions, the LDA prepares the final document for signing and execution.
It’s important to note that LDAs can only provide assistance with document preparation, not legal advice. Therefore, clients may want to consult an attorney to review the contract before signing to ensure it meets all legal standards and protects their interests.