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Elements and Performance Criteria

1. Assist with interlocutory process
2. Collate discoverable documents
3. Deliver list and collation to instructing legal practitioner
4. Assist with process of discovery in relation to opposing party’s documents

Required Skills

This Unit covers locating preparing and collating documents involved in discovery and arranging any necessary meetings to inspect opposing partys discoverable documents

Note It is 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 all litigious work must be supervised by a qualified legal practitioner Whenever work is carried out on behalf of an instructing legal practitioner the work must be first checked by the instructing legal practitioner Whenever clients or parties are contacted on behalf of instructing legal practitioner own identity and position must be clearly stated and contact must proceed according to the legal practitioners advice

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

Element of Competency	Performance Criteria
Assist with interlocutory process	Meeting is arranged with instructing legal practitioner to discuss and arrange pretrial actions and diarise critical dates Client is contacted on behalf of instructing legal practitioner and purpose of discovery discovery process and associated legal obligations are explained in clear and simple language In conjunction with instructing legal practitioner relevant documents are identified and arrangements are made to retrieve them Nondiscoverable documents are excluded
Collate discoverable documents	Self or other is organised to collate discoverable documents Discoverable documents are checked for the following documents requested are provided in full the correct number of copies are present signatures are present where necessary Self or other is organised to prepare table of contents Self or other is organised to prepare lists of all documents involved in matter according to standard legislative procedures
Deliver list and collation to instructing legal practitioner	List is reviewed and amendments are made if necessary Final list and documents comprising Part I of first schedule are presented to instructing legal practitioner for review
Assist with process of discovery in relation to opposing partys documents	Opposing party is contacted on behalf of instructing legal practitioner to request opposing partys discoverable documents Appointment is made with opposing partys solicitor for pretrial inspection of opposing partys list of documents and opposing partys discoverable documents If requested by instructing legal practitioner support is provided at inspection of opposing partys discoverable documents

Evidence Required

Critical aspects	evidence of understanding of scope of own responsibility and others involved in the matter evidence of understanding of the pretrial litigation process including the purpose composition of pleading documents discovery interrogatory questions the pretrial conference and the Certificate of Readiness instructing legal practitioner and own diary is kept up to date and reminders are issued pending critical dates instructing legal practitioner is kept uptodate with all actions activities and outcomes instructing legal practitioners instructions are followed any irregularities uncertainties or difficulties are referred immediately to instructing legal practitioner for resolution concepts such as subpoena and ClientSolicitor Legal Privilege are understood issues pertaining to confidentiality security and discretion are comprehended and attended to clients are kept up to date where instructing other instructions are clear with adequate explanation to allow the tasks to be completed where instructing others supervision is provided throughout the task in relation to providing advice and assistance with resolving problems ensuring that work is completed within deadlines ensuring that staff work at a high standard ensuring that documents are collated and corrected correctly checking that list and table of contents are correct ensuring that filing requirements are fulfilled and that a copyies of reportcorrespondence is stored appropriately ensuring that confidentiality and security of information is maintained interactions with opposing party are conducted efficiently and courteously evidence of what is and is not disclosable in general and related to the case in particular nondisclosable information is not communicated and where any doubt exists as to the informations status it is not disclosed nondisclosable information may include dates addresses names a firms other clients fees content of nondiscoverable documents all activities actions and outcomes are documented on file notes and time is recorded all activities and outcomes may include exchange of information financial transaction consulting experts verbal communication with external parties nonresponse documents which cannot be located despite efforts to retrieve them contact with representative from opposing party contact with client dates dates on which ownopposing partys documents were inspected filematter number is attached to relevant documentation and such documentation is filed appropriately 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 discovery and to assisting clients workplace manuals and reference materials such as company policy procedural manuals checklists and legal dictionaries appropriate technology such as computers with relevant software photocopiers
Consistency in performance	This unit of competency will require evidence to be collected across a range of events eg dealing with different legal matters 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 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 questioning workplace performance simulation oral presentation third party reports
Underpinning knowledge and skills	Knowledge purpose of discovery steps involved in interlocutory procedure what is and is not discoverable conflict resolution techniques relevant legal process broad knowledge of general legal terminology and in depth knowledge of terminology relating to litigation and the area of law relevant current legislation indemnity insurance Skills literacy reads and interprets intricate legal procedures and texts demonstrates well developed writing skills uses legal vocabulary and grammatical structures to achieve precise meaning research assembles and evaluates relevant documents and evidence decides on degree of accuracy and identifies misleading inaccurate or ambiguous information provides clear written and oral sequenced instructions to instructing parties communication participates in sustained and complex transactions questions to clarify information problem solving chooses appropriate methods of solution uses developed estimation skills to check accuracy and relevance numeracy collate documents accurate recording of documents analysing and presenting statistical data accurate time estimation skills conflict resolution skills developed proofreading and editing skills liaison and negotiation liaises with internal and external contacts use of technological support tools such as databases for document management

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