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Elements and Performance Criteria

1. Identify purpose of document
2. Draft document
3. Evaluate document
4. Forward document to client

Required Skills

This Unit covers the drafting of a variety of legally binding documents to meet particular legal matter requirements 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 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 lawyerconveyancer or acting as a lawyerconveyancer when they are not qualified to do so Contravening these conditions is illegal and compromises a firms professional indemnity insurance An instructing legal practitioner must supervise the tasks covered in this unit as they are legally responsible for the document through the signing off process Therefore the instructing legal practitioner must review all documents before they are forwarded to clients This unit is positioned at AQF Level due to the broad knowledge of legally binding documents it requires and the substantial knowledge of client files the legal process and legislation It requires application

of theoretical skills to drafting a range of documents as well as planning and taking responsibility for the work of others

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

Element of Competency	Performance Criteria
Identify purpose of document	Client file is reviewed and client needs are identified Meeting is arranged with the instructing legal practitioner to discuss document requirements and future actions Client is contacted and scope of own responsibility document implications and its uses are clearly explained to client Existing precedents are reviewed as a basis for drafting new document
Draft document	Research is carried out to ensure compliance with relevant legislation andor regulations Selfeducation is arranged with firm and pursued when necessary Document is drafted to comply with legal requirements and client needs
Evaluate document	Draft document is selfchecked to ensure it meets the clients needs particular legal requirements and includes relevant legislative exerts Any gaps or deficiencies are rectified Meeting is arranged with instructing legal practitioner to review document and file and any suggestions or amendments are implemented Amended document is forwarded to instructing legal practitioner to facilitate signing off process
Forward document to client	Document is forwarded to client for approval Clients amendments are forwarded to instructing legal practitioner and integrated as directed by instructing legal practitioner Signatures are obtained witnessed and dated as required and appropriate followup action is undertaken

Evidence Required

Critical aspects	instructing legal practitioners instructions are followed format content and range of new document is determined in consultation with instructing legal practitioner client and instructing legal practitioner are kept uptodate with progress of matter and any questions are clearly answered summaries of work performed and duties payable are forwarded to client on a regular basis and according to a firms policies and procedures information is extracted and notes summaries andor photocopies are made throughout the research process deficiencies in draft document are rectified through further research and drafting as required legal process legislative requirements purpose of document and legal terminology are explained to client in clear and simple language correct legal terminology is used in appropriate sections of document precedents are adapted where appropriate document is prepared correctly within agreed timelines produced document is assessed to ensure that it meets the requirements of legislation legal matter and client needs problems or questions outside own area of responsibility are promptly referred to instructing legal practitioner ancillary notes explaining document are forwarded to client where appropriate filematter number is attached to all relevant documentation and relevant documentation is filed appropriately for future reference all activities actions and outcomes are documented and time is recorded 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 drafting legally binding documents and the area of law for which the document is intended workplace manuals and reference materials such as legal dictionary company policy procedural manuals and checklists appropriate technology such as computers with relevant software
Consistency in performance	This unit of competency will require evidence to be collected across a range of events eg dealing with different legally binding documents 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 flexible delivery methods used by training providers to cater for distance education students 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 demonstration questioning workplace performance projectsassignments written tests skills portfolio third party reports
Underpinning knowledge and skills	Knowledge various types of legally binding documents and their purposes security confidentiality and privacy legal terminology application of a firms policies and procedures required in the full range of tasks covered knowledge of statute and common law relevant to the area of law for which the document is drafted Skills literacy reads and interprets intricate legal documents demonstrates well developed writing skills uses legal vocabulary and grammatical structures to achieve precise meaning understands and interprets relevant legislation and regulations research and analytical interprets selects and investigates relevant information follows and provides clear written and oral instructions proofreading and editing skills communication participates in sustained and complex transactions conducts meeting with clients to clarify issues and problem solve problem solving uses developed estimation skills to check accuracy and relevance demonstrates flexibility and a range of interactional strategies for the purposes of maintaining and developing relationships exploring issues or problem solving word processing and document management software

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