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Elements and Performance Criteria

1. Attend court
2. Clarify uncertainties
3. Interpret rulings
4. Communicate outcomes
5. Prepare to meet with client
6. Meet with client
7. Communicate client’s decision to instructing legal practitioner
8. Initiate action under instruction

Required Skills

This Unit covers presenting information in court under instruction Individuals performing this task without a legal practice certificate are permitted to carry out instructions but are not permitted to represent a client at a court hearing

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 may also be 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 first be checked by the instructing legal practitioner Whenever clients or parties are contacted on behalf of an instructing legal practitioner own identity and position must be clearly stated and contact must proceed according to the instructing legal practitioners advice

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

Element	Performance Criteria
Attend court	Meeting is arranged with instructing legal practitioner to discuss matter and prepare court appearance strategy File is reviewed and documentation is prepared for court Limits of own responsibility are understood and adhered to Court is attended on designated day at designated time Information is presented to court where appropriate Requests are submitted to court
Clarify uncertainties	If an uncertainty arises bench or opposing party is asked for an explanation where appropriate If proceedings become more complex than anticipated request for matter to be stood down is submitted and instructing legal practitioner is contacted immediately for further instructions
Interpret rulings	Judges rulings on matter costs penalties and damages are received understood and documented Judges rulings on matter costs penalties and damages are communicated to instructing legal practitioner Clarification is sought from instructing legal practitioner if necessary
Communicate outcomes	Outcome including judges rulings on matter costs penalties and damages is explained to client in simple language where appropriate Client questions and queries are answered satisfactorily Feedback from client and instructing legal practitioner is obtained and respective recommendations are communicated where appropriate
Prepare to meet with client	Background research is conducted if necessary Options available to client are researched and communicated to instructing legal practitioner for approval Appointment is made to discuss court appearance outcomes and options with client if necessary
Meet with client	Options available are communicated to client Client is informed about extra monies for trust account if necessary Clients instruction regarding course of action are received understood and documented
Communicate clients decision to instructing legal practitioner	Clients instructions regarding course of action are communicated to instructing legal practitioner for comment Recommendations on appropriate course of action and any follow up action are discussed with instructing legal practitioner and implemented
Initiate action under instruction	Legal procedures are initiated Opposing party is contacted and informed of pending actions where appropriate Negotiations with opposing party are initiated andor responded to Appeal is lodged where appropriate Filematter number is attached to relevant documentation and such documentation is filed appropriately

Evidence Required

Critical aspects	a firms policies and procedures are understood and followed unclear instructions or missing information is checked with instructing legal practitioner roles and responsibilities of persons involved in matter are understood and adhered to designated person is kept uptodate with all actions activities and outcomes documentation required at different stages of the legal process is identified prepared and checked matter and associated legal implications are understood action is within court and client timelines instructing legal practitioners instructions are adhered to at all times particularly in relation to presenting information to court submitting requests to court communicating options to client initiating legal proceedings negotiating with opposing party lodging appeals court etiquette and procedures are adhered to nondisclosable information is not communicated and where any doubt exists as to the informations status it is not disclosed uncertainties and complexities in court are immediately clarified with judge opposing party or designated person different rulings costs penalties and damages are understood and communicated to client and designated person in appropriate language clients questions and queries are answered in clear and simple language client feedback is sought where appropriate background research is relevant and thorough and presented in an effective manner options suggested are within clients best interests and clients budgetary capacity meetings are conducted professionally and courteously legal procedures legislative requirements and trust account processes are explained to client in simple language where appropriate offers of compromise are costed accurately and according to a firms policies and procedures legal requirements and clients requirements legal procedures are initiated within agreed timelines judge is informed of any bona fide out of court negotiations all activities actions and outcomes are documented on file notes and time is recorded financial documentation is prepared on a regular basis and forwarded to client where appropriate 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 assisting clients appearing in court and conducting negotiations workplace manuals and reference materials such as company policy procedural manuals checklists and legal dictionaries mock or real court room
Consistency in performance	This unit of competency will require evidence to be collected across a range of events eg dealing with different clients and court appearances 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 workplace performance roleplay simulation oral presentation third party reports
Underpinning knowledge and skills	Knowledge relevant legal process court procedures and etiquette appeals process security confidentiality and privacy general knowledge of legal terminology and indepth knowledge of legal terminology relevant to the area of law likely court rulings relevant current legislation and penalties for noncompliance with legislation a firms invoicing procedures accepting and costing offers of compromise indemnity insurance common law and Statutory Duties of Care setting up a trust account transferring assets Skills literacy follows complex legal procedures interprets court rulings research prepares background evidence and brief communication participates in sustained and complex oral transactions on legal matters listens and questions to clarify uncertainties or ambiguous rulings gives clear oral sequenced instructions to others responds to clients queries numeracy collates documents accurately records documents keyboarding professional image and etiquette contingency planning and organisational skills liaison and negotiation skills with internal and external contacts

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