Critical aspects:

• instructing legal practitioner’s 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 up-to-date 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 firm’s policies and procedures

• information is extracted and notes, summaries and/or photo-copies 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

• file/matter 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, 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 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

• projects/assignments

• 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 firm’s 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

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 and/or regulations

• Self-education is arranged with firm and pursued when necessary

• Document is drafted to comply with legal requirements and client needs

Evaluate document

• Draft document is self-checked to ensure it meets the client’s 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

• Client’s 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 follow-up action is undertaken