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Required Skills

This Unit covers organising information to facilitate action contacting relevant parties on behalf of the instructing legal practitioner and coordinating information exchange between parties

Note It may be illegal for a person without a current legal practice certificate to provide legal advice to sign off on legal work and to receive trust monies It is also illegal for persons to misrepresent their qualifications ie claiming to be a lawyerconveyancer or acting as a lawyerconveyancer when they are not qualified to do so Accordingly persons without a current practice certificate must make their status clear to the other party and must act under the instructions of a qualified legal practitioner The legal practitioner must be kept up to date with the files progress Further problems of a legal nature must not be resolved without consulting the instructing legal practitioner and resolutions which emerge from such discussions must be complied with

This unit can be assessed alone or in combination with other units making up a job role

Element of Competency

Performance Criteria

Prepare for liaison

Work activities are planned and prioritised

Required background information is obtained and relevant documents are prepared and checked by instructing legal practitioner

Review of background information and relevant documents is arranged with designated person

Plan of action is developed with instructing legal practitioner

Required background readingresearch is undertaken to ensure readiness for liaison

Third party liaison takes place where appropriate

Organise self or other to arrange appointment

Appointment between parties is arranged where appropriate

Critical venues and dates are documented according to a firms policies and procedures

Appointments are verified in advance and verification is documented

Undertake liaison

Liaison is undertaken in line with a firms confidentiality and security policies and procedures

Requests from other parties for information are fulfilled as planned with instructing legal practitioner

Information is exchanged where appropriate as planned with instructing legal practitioner

Nondisclosable information is not communicated and where any doubt exists as to the informations status it is not communicated

Unexpected problems of a legal nature are referred to the instructing legal practitioner

Evidence Required

Critical aspects

no uninstructed legal activities are undertaken

all actions are verified by instructing legal practitioner

legal status of self is clearly communicated to other party

plan of action is developed with instructing legal practitioner prior to meeting

evidence that plan of action is adhered to

understanding of the importance of and demonstration of confidentiality and discretion in legal matters is demonstrated

purpose of liaison is understood

all information is entered into relevant files and or databases

work is carried out within agreed timelines

a firms policies and procedures are understood and followed

unclear instructions or missing information is checked with instructing legal practitioner

nonlegal aspects of problems are identifiedresolved discretely and efficiently and instructing legal practitioner is informed of outcome where appropriate

legal problems are referred to instructing legal practitioner promptly and comprehensively

where instructing others instructions are clear with adequate explanation to allow the tasks to be completed

assistance andor advice is provided to others

where instructing others supervision is provided throughout to ensure that

work is completed within timelines

problems are resolved discretely and efficiently

confidentiality and security of information is maintained throughout

accurate and comprehensive file notes are made

filematter number is recorded on new andor relevant documents and such documents are filed appropriately

documentation of activities actions outcomes and information are presented to instructing legal practitioner within agreed timelines

any necessary followup action is carried out

files notes are updated according to a firms policies and procedures and time is recorded

all activities actions and outcomes are documented and time is recorded

all work is conducted within accepted codes of conduct including those relating to maintaining confidentiality use of company property duty of care ethical behaviours privacy nondiscriminatory practice conflict of interests and compliance with reasonable direction

Resource implications

The assessor must have access to appropriate documentation and resources normally found in the work environment and required to allow the job or task to be properly performed These may include

appropriate legislation and regulations relevant to assisting clients

workplace manuals and reference materials such as legal dictionary company policy procedural manuals and checklists

Consistency in performance

This unit of competency will require evidence to be collected across a range of events eg dealing with different client matters and liaison requirements and over a period of time to ensure that situational variables are consistently achieved

Context of assessment

Evidence of competency can be met in different situations including

on the job assessment

off the job assessment

placement in an enterprise

participation in a New Apprenticeship traineeship arrangement

use of a Practice Firm or simulated work environment

Recognition of Prior Learning Recognition of Current Competencies in skill areas where there has been no significant change to work practice in recent times

Evidence gathering methods may include

demonstration

questioning

workplace performance

roleplay

simulation

oral presentation

skills portfolio

third party reports

Underpinning knowledge and skills

Knowledge

disclosablenondisclosable information

relevant legal process

security

confidentiality

legal terminology in relation to the applicable area of law

application of a firms policies and procedures required in the full range of tasks covered

range of responsibility

Skills

literacy follows a firms policies and procedures understands purpose of liaison researches and prepares information as required identifies gaps in information

negotiation engages in complex oral negotiations such as reconciling points of view or bargaining participates in small group discussion to negotiate tasks coordinates own work schedule with others

communication listens to and elicits appropriate information ability to interpret and convey a firms policies to a third party clarifies defined purposes and objectives to be achieved by working with others provides clear oral sequenced instructions to others

numeracy accurate recordfile keeping adheres to designated timelines

problem solving draws on experience and relevant examples to resolve unexpected problems and rectify gaps in information


Range Statement

Other/third parties may include:

• clients

• clients’ representatives

• regulatory bodies

• lawyers for opposing party

• medico/legal consultants

• barristers

• interpreters

Appropriate method of contact and procedures associated with liaison may include:

• telephone

• email

• letter

• internet

• fax

• meeting

Required background information may include:

• current file

• reports from experts

• relevant legislation

• previous dealings with client or relevant third party

Non-disclosable information may relate to:

• names of clients, witnesses or staff

• addresses of clients, witnesses or staff

• personal details of clients, witnesses or staff

• dates

• telephone numbers

• a firm’s other clients

• client’s medical condition

• client's personal history

• whereabouts of client/witnesses

• financial information

• details about firm itself

• passwords or security procedures

• nature of client’s legal matter

• fact that the client has consulted the firm

Information exchange may relate to:

• expert reports

• clarification of deadlines

• certificates

• affidavits

• assessment of financial circumstance

• progress of matter

• options for progress with matter

• briefs

A firm’s policies and procedures may include:

• information sources

• time recording procedures

• security/confidentiality/privacy procedures

• management of legal contingencies

• documenting activities planned and undertaken

• protocol for accommodating special client needs, eg. case manager, social worker, parole officer

• protocol for contacting clients, eg. translator, interpreter

• appropriate meeting venue

• room booking procedure

The area of law may include: *

• commercial law

• corporate law

• criminal law

• family law

• industrial relations/employment law

• property law

• tax law

• litigation

• wills and probate

* These are nine common areas of law. The area of law is not restricted to this list; other areas of law may be applicable.

Legislative requirements may relate to:

• relevant State/Territory/Commonwealth legislation

• the client and a firm (eg. Consumer Credit Code, Privacy Act, secrecy laws, Codes of Practice)

• the area of law

• schedule of fees and duties payable

• Freedom of Information legislation