Evidence Required
Critical aspects: | • a firm’s policies and procedures are understood and followed • unclear instructions or missing information is checked with instructing legal practitioner • instructing legal practitioner’s instructions are adhered to • roles and responsibilities of person’s involved in matter are understood and adhered to • actions occur within agreed timelines • file/matter notes and relevant documentation are reviewed and understanding of matter is demonstrated • where instructing other, instructions are clear with adequate explanation to allow the task/s 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 • documentation required at different stages of the legal process is identified • the advantages and disadvantages of submitting and/or accepting a formal offer of compromise are understood and can be explained validity of offer of compromise in relation to dates of expiry are monitored • offers of compromise are composed in consultation with client and instructing legal practitioner and meet specified requirements • client and instructing legal practitioner’s authorisation to proceed is sought • any difficulties or irregularities are referred to the instructing legal practitioner for approval • non-disclosable information is not communicated and where any doubt exists as to the information’s status it is not disclosed • meetings are conducted professionally and courteously • instructing legal practitioner and client are kept up-to-date will all activities, actions and outcomes • relevant authority is informed of all bona-fide attempts to settle the matter out of court • evidence of an understanding of client’s circumstances is demonstrated • client’s questions and queries are answered in clear and simple language • all activities, actions and outcomes are documented on file notes and time is recorded • file/matter number is attached to all relevant documentation and such documentation is filed appropriately • record of times is processed for client invoicing purposes • costings are accurate • 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 and conducting pre-trial negotiations • workplace manuals and reference materials such as company policy, procedural manuals, checklists and legal dictionaries |
Consistency in performance: | This unit of competency will require evidence to be collected across a range of events, eg. dealing with different clients and matters, 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 • projects/assignments • third party reports |
Underpinning knowledge and skills | Knowledge • authorised ‘signing parties’ • relevant legal process and current legislation • broad knowledge of general legal terminology and in-depth knowledge of terminology relating to litigation and the area of law • preparing offers of compromise • accepting offers of compromise • costing offers of compromise • indemnity insurance common law and Statutory Duties of Care Skills • literacy: reads and interprets intricate legal procedures and documents; uses legal vocabulary and grammatical structures to achieve precise meaning; prepares and interprets offers of compromise • follows and provides clear written and oral sequenced instructions • research: assembles and evaluates evidence and background information • communication: participates in sustained and complex transactions to explore issues and problems solving; questions to clarify and elicit information; negotiates by establishing common understandings and bringing different points of view together; uses language to influence others • numeracy: determines costs; keeps accurate recording of files and time • professional presentation and etiquette • liaison and negotiation skills |