Contract creation process

LexPublica's online community of participants uses a structured process to create contract templates and supporting information. The process draws inspiration from large-scale free/open-source software projects, like Linux and MySQL, but uses terminology from the publishing context. A key objective of the process is the production of high-quality contract templates and legal information, so that the material can be released for general use.

Initially, LexPublica has a small group of participants – lawyers and non-lawyers – that is starting to create content and to test drive the process. As we iron out the kinks over the next few months, we'll be looking for additional participants (mainly from the United States and Canada, but we'll happily welcome anyone from the English-speaking common-law world).

The participants use a drafting area of our website to create contract packages. These contract packages consist of a contract template (for example, a template for a confidentiality agreement), a summary of what the contract is for, a supporting guide and annotations. When a contract package is complete, it is then released for general use on the LexPublica site.

The drafting area is open to registered users who have also signed the LexPublica Contributor Agreement. Anyone else can also view the drafting area and make comments, but cannot edit the documents in the contract packages.

The following flowchart represents the workflow participants follow to create an agreement and the supporting guide and information, each participant playing one or more distinct roles.

At the highest level, the editorial board decides which types of agreements will be produced.

Managing editors are responsible for an entire contract or legal area, such as confidentiality agreements or employment agreements—contracts within each category might differ by, say, target user or complexity. At the beginning of the process, managing editors oversee research into the topic, then the development of a blueprint that encompasses what will be covered in the agreements related to the general topic.

Also involved in blueprint-development are senior editors, legal drafters and technical writers. Once the blueprint is finalized, the senior editors, expert reviewers, legal drafters and technical writers draft detailed instructions regarding the development of each contract.

Following these instructions, the legal drafter and technical writer create the contract and supporting documents related to explaining its meaning and intended uses.

Next, the senior editor, expert reviewer and style editor review the contract and documents, sending questions, edits and notes back to the legal drafter and technical writer. The process of editing and reviewing continues until the agreement and supporting documents are ready for review and approval by the managing editor.

The managing editor conducts a final review of the contract package, and after that review, the package is released to LexPublica.

After a contract package is released to LexPublica, members of the public can make comments, provide feedback and discuss the contract.