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Evidence Required

Critical aspects

a firms policies and procedures are understood and followed

unclear instructions or missing information is checked with instructing legal practitioner

instructing legal practitioners instructions are adhered to

roles and responsibilities of persons involved in matter are understood and adhered to

actions occur within agreed timelines

filematter notes and relevant documentation are reviewed and understanding of matter is demonstrated

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

where instructing other supervision is provided throughout the task in relation to

providing advice and assistance with resolving problems

ensuring that work is completed within timelines

ensuring that recording of interview is accurate

checking that interview documents are formatted and filed correctly

ensuring that confidentiality and security of information is maintained

documentation required at different stages of the legal process is identified

the advantages and disadvantages of submitting andor accepting a formal offer of compromise are understood and can be explained

validity of offer of compromise in relation to dates of expiry are monitored

offers of compromise are composed in consultation with client and instructing legal practitioner and meet specified requirements

client and instructing legal practitioners authorisation to proceed is sought

any difficulties or irregularities are referred to the instructing legal practitioner for approval

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

meetings are conducted professionally and courteously

instructing legal practitioner and client are kept uptodate will all activities actions and outcomes

relevant authority is informed of all bonafide attempts to settle the matter out of court

evidence of an understanding of clients circumstances is demonstrated

clients questions and queries are answered in clear and simple language

all activities actions and outcomes are documented on file notes and time is recorded

filematter number is attached to all relevant documentation and such documentation is filed appropriately

record of times is processed for client invoicing purposes

costings are accurate

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 and conducting pretrial negotiations

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

Consistency in performance

This unit of competency will require evidence to be collected across a range of events eg dealing with different clients and 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

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

projectsassignments

third party reports

Underpinning knowledge and skills

Knowledge

authorised signing parties

relevant legal process and current legislation

broad knowledge of general legal terminology and indepth knowledge of terminology relating to litigation and the area of law

preparing offers of compromise

accepting offers of compromise

costing offers of compromise

indemnity insurance

common law and Statutory Duties of Care

Skills

literacy reads and interprets intricate legal procedures and documents uses legal vocabulary and grammatical structures to achieve precise meaning prepares and interprets offers of compromise

follows and provides clear written and oral sequenced instructions

research assembles and evaluates evidence and background information

communication participates in sustained and complex transactions to explore issues and problems solving questions to clarify and elicit information negotiates by establishing common understandings and bringing different points of view together uses language to influence others

numeracy determines costs keeps accurate recording of files and time

professional presentation and etiquette

liaison and negotiation skills