Google Links

Follow the links below to find material targeted to the unit's elements, performance criteria, required skills and knowledge

Required Skills

This Unit covers arranging documents and listing exhibits to provide support to litigators in the preparation of case materials

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 account monies It is also illegal for persons to misrepresent their qualifications ie claiming to be a lawyer or acting as a lawyer when they are not qualified to do so Contravening these conditions is illegal and compromises a firms professional indemnity insurance Accordingly some litigious work must be supervised by a qualified legal practitioner

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

Element of Competency

Performance Criteria

Arrange documents in specified order

Needs identified by the instructing legal practitioner are clarified and mutual expectations are agreed and acted upon

Self or other is organised to collect and collate documents

Documents not relevant to matter are removed

Court requirements are identified and self or other is organised to check and prepare documents to meet these requirements

Review of document is arranged with legal practitioner

Organise self or other to enter document order on firms record system

All collated documents are recorded as they appear in order on a firms record system

Records system is selfchecked against ordered documents to ensure accuracy of record

Prepare exhibits for court

Court exhibits requirements are identified

Meeting is arranged with instructing legal practitioner to determine exhibit presentation

Self or other is organised to prepare exhibits and relevant documentation

Evidence Required

Critical aspects

understanding of scope of own responsibility and that of others involved in the matter is demonstrated

knowledge of the purpose of documents and exhibits is demonstrated

knowledge if the area of law and the related legal process involved in the matter is demonstrated

knowledge of the type of difficulties that may arise and standard resolutions are demonstrated

instructing legal practitioner is kept up to date with activities actions and outcomes

relevant documents and exhibits are included

documents are checked to ensure the correct numbers of copies signatures where necessary relevant attachments numbered and stamped where appropriate and a complete table of contents

documents and exhibits are delivered to instructing legal practitioner within agreed timelines

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

when instructing others supervision is provided throughout the task in relation to

providing advice and assistance with problems

ensuring that deadlines are met

ensuring that documents exhibits and exhibit lists are collected and collated correctly without loss of integrity

ensuring that documentation is complete and correct

ensuring that confidentiality and security of information is maintained throughout

filematter number is recorded on copies of documents according to a firms policies and procedures

a firms confidentiality and security polices and procedures are understood and adhered to

exhibit listing is prepared such that exhibit list corresponds exactly with exhibits

exhibits are numbered and reference number is attached in the top lefthand corner to appropriate document

exhibit listing is crossreferenced with exhibits for accuracy

integrity security and confidentiality of documents is maintained

any photocopying undertaken is recorded for purposes of client invoicing

record of time is processed for client invoicing purposes

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 preparing court documents

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

appropriate technology such as computers with relevant software and photocopiers

Consistency in performance

This unit of competency will require evidence to be collected across a range of events eg dealing with litigious circumstances 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

flexible delivery methods used by training providers to cater for distance education students

Evidence gathering methods may include

demonstration

questioning

workplace performance

simulation

projectsassignments

third party reports

Underpinning knowledge and skills

Knowledge

court document presentation requirements

sequence of litigation process

authorised signing parties

security confidentiality and privacy

legal terminology in relation to litigation and the area of law

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

Skills

literacy follows complex legal procedures understands and prepares complex legal documents according to legal protocol

research gathers necessary information from external sources identifies and evaluates status of information

problem solving proofs for accuracy

communication communicates ideas follows and interprets oral instructions participates effectively in spoken interactions by using strategies to confirm clarify or repair understanding provides clear and specific instructions about information required consults and meets with clients records meeting objectives

numeracy collates documents recordfile keeping

time management allows sufficient time to prepare for and conduct meetings