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Elements and Performance Criteria

1. Prepare relevant background material
2. Arrange for exchange of information
3. Obtain information from client
4. Conduct meeting follow-up

Required Skills

This Unit covers preparing for and collecting information from a client recording this information and updating the clients file accordingly under the instruction of a qualified legal practitioner

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 may also be 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 relevant background material	Nature of client needs and client matter is discussed and clarified with instructing legal practitioner If client has had previous dealings with the firm relevant information is reviewed and analysed If first dealing with client client file is opened according to a firms policies and procedures Meeting is arranged with instructing legal practitioner to discuss approach to matter and relevant interview questions if applicable
Arrange for exchange of information	Self or other is organised to contact client according to a firms policies and procedures Additional assistance from support staff is arranged for contact
Obtain information from client	Legal limits to own responsibility are outlined clearly to client Purpose of contact is explained to client and mutual expectations are established Relevant legislation and associated legal process is clearly explained to client Planned questions are asked of client Self or other is organised to record client information Transcript of interview and synopsis of information gathered is presented to client for verification Client authorisation is obtained where appropriate
Conduct meeting followup	Debriefing meeting is arranged with instructing legal practitioner to discuss meeting outcomes Additional activities agreed upon in debriefing meeting are planned and implemented

Evidence Required

Critical aspects	where appropriate suggested interview questions and activities are forwarded to instructing legal practitioner for review interview questions are relevant and appropriate for the information requirements arrangements and verification of client meeting is completed within agreed timelines arrangements for interview are made taking into account any equipment needed prior during and after the interview evidence of knowledge of the relevant legal process and legislative requirements explanations to client are made clearly and sensitively the interview is conducted efficiently and courteously legal terminology and process can be explained in clear simple language instructing legal practitioner is kept up to date regarding all activities actions and outcomes 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 appropriate questioning techniques are used taking into account the clients characteristics clients questions are answered within limits of own area of responsibility questions outside own area of responsibility and knowledge are identified and assistance is promptly sought where appropriate client questions within range of responsibility are answered satisfactorily and questions outside own range of responsibility are referred to instructing legal practitioner for immediate resolution client information is obtained within agreed timelines using appropriate method interview is carried out sensitively and nondisclosable information not disclosed all activities actions and outcomes are documented and time is recorded file notes are kept up to date all work is conducted within accepted codes of conduct including those relating to maintaining confidentiality and security of information use of company property duty of care ethical behaviours 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 company policy procedural manuals and checklists
Consistency in performance	This unit of competency will require evidence to be collected across a range of events dealing with different clients and conducting different types of interviews 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 observation of performance questioning discussion
Underpinning Knowledge and Skills	Knowledge relevant legal process time recording procedures complexity of the matter at hand security confidentiality and privacy legal terminology relevant to the matter appropriate questions and questioning technique range of responsibility in relation to the matter application of a firms policies and procedures required in the full range of tasks covered a firms invoicing procedures Skills literacy reads and interprets intricate legal procedures and texts identifies and selects relevant information prepares brief and debrief makes notes from spoken and written texts and revises to enhance meaning and effectiveness research and analysis analyses a complex legal procedural text assembles and critically evaluates evidence follows and provides clear written and oral sequenced instructions communication participates in sustained and complex transactions clarifies and elicits relevant information adjusts questioning techniques to respond to client numeracy keeps accurate recordsfiles contingency planning interviewing skills

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