Critical aspects:

• understanding of scope of own responsibility and that of others involved in the matter is demonstrated

• knowledge of the purpose of documents and exhibits is demonstrated

• knowledge if the area of law and the related legal process involved in the matter is demonstrated

• knowledge of the type of difficulties that may arise and standard resolutions are demonstrated

• instructing legal practitioner is kept up to date with activities, actions and outcomes

• relevant documents and exhibits are included

• documents are checked to ensure the correct numbers of copies, signatures (where necessary) relevant attachments (numbered and stamped where appropriate) and a complete table of contents

• documents and exhibits are delivered to instructing legal practitioner within agreed timelines

• when instructing others, instructions are clear with adequate explanation to allow the task/s to be completed

• when instructing others, supervision is provided throughout the task in relation to:

- providing advice and assistance with problems

- ensuring that deadlines are met

- ensuring that documents, exhibits and exhibit lists are collected and collated correctly without loss of integrity

- ensuring that documentation is complete and correct

- ensuring that confidentiality and security of information is maintained throughout

• file/matter number is recorded on copies of documents according to a firm’s policies and procedures

• a firm’s confidentiality and security polices and procedures are understood and adhered to

• exhibit listing is prepared such that exhibit list corresponds exactly with exhibits

• exhibits are numbered and reference number is attached in the top left-hand corner to appropriate document

• exhibit listing is cross-referenced with exhibits for accuracy

• integrity, security and confidentiality of documents is maintained

• any photocopying undertaken is recorded for purposes of client invoicing

• 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, non-discriminatory 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 preparing court documents

• workplace manuals and reference materials such as legal dictionary, company policy, procedural manuals and checklists

• appropriate technology such as computers with relevant software and photocopiers

Consistency in performance:

This unit of competency will require evidence to be collected across a range of events, eg. dealing with litigious circumstances, 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).

• flexible delivery methods used by training providers to cater for distance education students

Evidence gathering methods may include:

• demonstration

• questioning

• workplace performance

• simulation

• projects/assignments

• third party reports

Underpinning knowledge and skills

Knowledge

• court document presentation requirements

• sequence of litigation process

• authorised ‘signing parties’

• security, confidentiality and privacy

• legal terminology in relation to litigation and the area of law

• application of a firm’s policies and procedures required in the full range of tasks covered

Skills

• literacy: follows complex legal procedures; understands and prepares complex legal documents according to legal protocol

• research: gathers necessary information from external sources; identifies and evaluates status of information

• problem solving: proofs for accuracy

• communication: communicates ideas; follows and interprets oral instructions; participates effectively in spoken interactions by using strategies to confirm, clarify or repair understanding; provides clear and specific instructions about information required; consults and meets with clients; records meeting objectives;

• numeracy: collates documents; record/file keeping

• time management: allows sufficient time to prepare for and conduct meetings

Element of Competency

Performance Criteria

Arrange documents in specified order

• Needs identified by the instructing legal practitioner are clarified and mutual expectations are agreed and acted upon

• Self or other is organised to collect and collate documents

• Documents not relevant to matter are removed

• Court requirements are identified and self or other is organised to check and prepare documents to meet these requirements

• Review of document is arranged with legal practitioner

Organise self or other to enter document order on firm’s record system

• All collated documents are recorded, as they appear in order on a firm’s record system

• Records system is self-checked against ordered documents to ensure accuracy of record

Prepare exhibits for court

• Court exhibits requirements are identified

• Meeting is arranged with instructing legal practitioner to determine exhibit presentation

• Self or other is organised to prepare exhibits and relevant documentation