The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Evidence of the ability to:

document and file information according toorganisation's policies, procedures and legal requirements, and within agreed timeframes

apply organisation's financial systems and procedures according to legal requirements and within agreed timeframes

provide appropriate information, advice and assistance to clients within own scope of responsibility

explain legal and legislative requirements underlying actions

apply knowledge of relevant court processes, current legislation, legal processes and required documentation.

Context of and specific resources for assessment

Assessment must ensure access to:

an actual workplace or simulated environment

workplace manuals and reference materials, such as company policies, procedural manuals, checklists, documentation and sample forms

background information on courts, their jurisdiction and behavioural requirements

appropriate technology, such as computers with relevant software

appropriate texts and people with expert knowledge, such as legal practitioners

appropriate legislation and regulations relevant to common legal matters.

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this units:

analysis of responses to case studies and scenarios

direct questioning combined with review of portfolios of evidence and third-party workplace reports of on-the-job performance by the candidate

review ofquotes developed and forwarded to instructing legal practitioner for approval

review of preparation ofinitial file documentation

evaluation of documentation with results of conflict of interest checks recorded

review of information forwarded to client on opening a file

evaluation of updated file notes

review of progress reports forwarded to client

analysis of monitoring of trust account

oral or written questioning to assess knowledge of archiving procedures and appropriate file retention periods.

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.

Required skills

communication skills to:

follow and provide clear written and oral sequenced instructions

participate in sustained and complex transactions

apply questioning techniques to elicit and clarify information

literacy skills to:

follow intricate legal procedures

read and interpret legal documents

use legal vocabulary and grammatical structures to achieve precise meaning

numeracy skills to:

prepare a quote in line with organisation's fee structure

maintain and reconcile time records to inform final costing

prepare final invoice for sign-off by client

research and report writing skills to assemble and evaluate background information and critical documents

technology skills to:

prepare and review invoicing for services

research information and prepare reports on outcomes

Required knowledge

scope of role and responsibilities, and obligation to refer matters to supervisor

organisation's policies and procedures, including quotation and invoicing procedures

accepted codes of conduct, including those relating to:

privacy and confidentiality

use of company property

duty of care

ethical behaviour

non-discriminatory practice

conflict of interest

compliance with reasonable direction

legal terminology, including that specific to area of law

archiving procedures and appropriate file retention periods

relevant court processes, current legislation, legal processes and required documentation

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Designated individual may include:

legal practice manager

legal practitioner

supervisor.

Legal matter may include:

agreement

contract

disputing a claim

initiating litigation

mediated dispute

protecting rights

settling a dispute

trademark.

Client may include:

business

government entity

individual

insurance company

legal aid

not-for-profit organisation

third party.

Organisation's policies and procedures may relate to:

accessing files

conflict of interest check

contingency management

fee structure

individual procedures adopted by instructing legal practitioner

information sources

information specific to the organisation

initiating and updating files

interviewing clients

office procedural manual

protocol for accommodating specific client needs, e.g. case manager, social worker or parole officer

protocol for contacting clients, e.g. translator or interpreter

providing quotes

recording information

security, confidentiality and privacy procedures

telephone protocol

terms of engagement

time-recording procedures

verifying and authorising information.

Fee structure may include:

fee by hour

fixed quote

scale of costs

special rates

tender.

Terms of engagement may include:

fee contingent on success of case

pro bono work

referral arrangement

union agreement.

Client expectations may include:

bill narrative

billing frequency

charge out rate

estimate of total legal costs

information about avenues for querying invoice details

name and address of recognised professional association (RPA) that regulates the organisation or practitioner

other requirements as described by relevant state, territory and/or local legislation, rules, regulations and codes of practice

reporting frequency.

Initial file documentation may involve:

assigning file or matter number to client

ensuring file or matter number is attached to all relevant documentation

recording relevant client matter details.

Conflict of interest check may include:

accounting package

databases

past working history of supervisor

searching files.

Conflict of interest may include:

representing other party

representing relative

vested interest in outcome.

Resources may include:

access to:

experts

office materials

services

staff

time

venues for liaison and meetings.

Other persons with whom liaison may occur may include:

experts

government departments and agencies

opposing parties.

Experts may include:

historian

medical practitioner

parole officer

psychiatrist

psychologist

social scientist

social worker.

Activities, actions and outcomes may include:

consulting experts

exchange of information

failure to return call

process of discovery

verbal communication with external parties.

Issues or problems may include:

difficulties with accessing required information

ensuring that support staff are adhering to security, confidentiality, privacy and timeline requirements

technical difficulties.

Relevant documentation may include:

agreements

bank statements

briefs

contracts

information for client

internal correspondence

leases

letters

memorandums of law

mortgages

opinion letters

organisation's templates

other financial documentation

pleadings

precedents

statements

transcripts from supervisor's notes

transfer of shares

wills

other relevant documentation required under commonwealth, state or territory and local legislation, rules, regulations and codes of practice.

Relevant documentation to be forwarded to client may include:

certificates

experts' reports

letters.

Disbursements may include:

billable hours

cost of duty stamps

court costs

filing fees

hiring experts

hiring services

photocopying

postage.