Steps
Each element of the law that effects the transaction is satisfied by a fact that is
created by processes. Essentially, these processes constitute the steps to be
taken to perform a transaction. Hence the basic format of advice on how to
carry out a transaction is to state each of the processes or steps involved. This
means that the manual should do the following:
(1)
Identify and state the element of the legal rule which requires the step.
(2)
Describe the step. These steps are simply derived -
do whatever is
necessary to create the facts that satisfy the elements of the transaction. This
may involve the parties performing an operation that is covered by a standard
form, or it may involve doing something specific to the particular transaction.
(3)
Indicate any official or published forms used or required for any step in
the transaction.
(4)
Give details of administrative requirements and processes. For example,
state the address and opening hours of any relevant government office.
Functions
A manual describing how to carry out a transaction should ideally state the
function that each step or process performs. There are several good reasons
for this. First, it should help the lawyer to perform the task better.
Second, it will also help them to cope with change. When the steps are
changed they usually changed for a reason. If a lawyer is trained to see the
steps in a process as performing a function they will be able to see the
function performed by the new steps and so adapt to them more quickly.
Third, sometimes a step may require special care and attention. While many
steps in transactions are simple and can be followed almost in a mindless way,
this is not always the case. Some steps can be complicated, and so will require
special care and attention. In these cases, it is vital that a lawyer know the
function that the steps in a transaction must perform.
This means that a transaction can be analysed by functions, with each function
performed by one or more steps. We can illustrate this by stating the main
functions of a transaction for the purchase of land:
(1)
Making the contract. This entails the parties being clear what they want
and what they are agreeing to before purchasing
(2)
Identifying the land by a survey. This ensures that the land that the
purchaser agreed to buy as described in the contract is the land that they
inspected.
(3)
Confirming title by a title search. This ensures that the vendor has title to
sell the interest in land that the purchaser has agreed to buy. In a basic sense
this involves searching the title in the land titles office to see that the vendor
owns the land (or has some lesser interest that they have agreed to sell). It also
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