Element

Performance Criteria

Attend court

• Meeting is arranged with instructing legal practitioner to discuss matter and prepare court appearance strategy

• File is reviewed and documentation is prepared for court

• Limits of own responsibility are understood and adhered to

• Court is attended on designated day at designated time

• Information is presented to court where appropriate

• Requests are submitted to court

Clarify uncertainties

• If an uncertainty arises, bench or opposing party is asked for an explanation where appropriate

• If proceedings become more complex than anticipated, request for matter to be stood down is submitted and instructing legal practitioner is contacted immediately for further instructions

Interpret rulings

• Judge’s rulings on matter, costs, penalties and damages are received, understood and documented

• Judge’s rulings on matter, costs, penalties and damages are communicated to instructing legal practitioner

• Clarification is sought from instructing legal practitioner if necessary

Communicate outcomes

• Outcome, including judge’s rulings on matter, costs, penalties and damages, is explained to client in simple language where appropriate

• Client questions and queries are answered satisfactorily

• Feedback from client and instructing legal practitioner is obtained and respective recommendations are communicated where appropriate

Prepare to meet with client

• Background research is conducted if necessary

• Options available to client are researched and communicated to instructing legal practitioner for approval

• Appointment is made to discuss court appearance outcomes and options with client if necessary

Meet with client

• Options available are communicated to client

• Client is informed about extra monies for trust account if necessary

• Client’s instruction regarding course of action are received, understood and documented

Communicate client’s decision to instructing legal practitioner

• Client’s instructions regarding course of action are communicated to instructing legal practitioner for comment

• Recommendations on appropriate course of action and any follow up action are discussed with instructing legal practitioner and implemented

Initiate action under instruction

• Legal procedures are initiated

• Opposing party is contacted and informed of pending actions where appropriate

• Negotiations with opposing party are initiated and/or responded to

• Appeal is lodged where appropriate

• File/matter number is attached to relevant documentation and such documentation is filed appropriately

Critical aspects:

• a firm’s policies and procedures are understood and followed

• unclear instructions or missing information is checked with instructing legal practitioner

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

• designated person is kept up-to-date with all actions activities and outcomes

• documentation required at different stages of the legal process is identified, prepared and checked

• matter and associated legal implications are understood

• action is within court and client timelines

• instructing legal practitioner’s instructions are adhered to at all times, particularly in relation to:

- presenting information to court

- submitting requests to court

- communicating options to client

- initiating legal proceedings

- negotiating with opposing party

- lodging appeals

• court etiquette and procedures are adhered to

• non-disclosable information is not communicated and where any doubt exists as to the information’s status it is not disclosed

uncertainties and complexities in court are immediately clarified with judge, opposing party or designated person

• different rulings, costs, penalties and damages are understood and communicated to client and designated person in appropriate language

• client’s questions and queries are answered in clear and simple language

• client feedback is sought where appropriate

• background research is relevant and thorough and presented in an effective manner

• options suggested are within client’s best interests and client’s budgetary capacity

• meetings are conducted professionally and courteously

• legal procedures, legislative requirements and trust account processes are explained to client in simple language where appropriate

• offers of compromise are costed accurately and according to a firm’s policies and procedures, legal requirements and client’s requirements

• legal procedures are initiated within agreed timelines

• judge is informed of any bona fide out of court negotiations

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

• financial documentation is prepared on a regular basis and forwarded to client where appropriate

• file/matter number is attached to relevant documentation and such documentation is filed appropriately

• 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 assisting clients, appearing in court and conducting negotiations

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

• mock or real court room

Consistency in performance:

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

• role-play

• simulation

• oral presentation

• third party reports

Underpinning knowledge and skills

Knowledge

• relevant legal process, court procedures and etiquette, appeals process

• security, confidentiality and privacy

• general knowledge of legal terminology and in-depth knowledge of legal terminology relevant to the area of law

• likely court rulings

• relevant current legislation and penalties for non-compliance with legislation

• a firm’s invoicing procedures

• accepting and costing offers of compromise

indemnity insurance

• common law and Statutory Duties of Care

• setting up a trust account

• transferring assets

Skills

• literacy: follows complex legal procedures; interprets court rulings

• research: prepares background evidence and brief

• communication: participates in sustained and complex oral transactions on legal matters; listens and questions to clarify uncertainties or ambiguous rulings; gives clear oral sequenced instructions to others; responds to client’s queries

• numeracy: collates documents; accurately records documents

• keyboarding

• professional image and etiquette

• contingency planning and organisational skills

• liaison and negotiation skills with internal and external contacts