Element of Competency

Performance Criteria

Prepare relevant background material

• Nature of client needs and client matter is discussed and clarified with instructing legal practitioner

• If client has had previous dealings with the firm, relevant information is reviewed and analysed

• If first dealing with client, client file is opened according to a firm’s policies and procedures

• Meeting is arranged with instructing legal practitioner to discuss approach to matter and relevant interview questions if applicable

Arrange for exchange of information

• Self or other is organised to contact client according to a firm’s policies and procedures

• Additional assistance from support staff is arranged for contact

Obtain information from client

• Legal limits to own responsibility are outlined clearly to client

• Purpose of contact is explained to client and mutual expectations are established

• Relevant legislation and associated legal process is clearly explained to client

• Planned questions are asked of client

• Self or other is organised to record client information

• Transcript of interview and synopsis of information gathered is presented to client for verification

• Client authorisation is obtained, where appropriate

Conduct meeting follow-up

• Debriefing meeting is arranged with instructing legal practitioner to discuss meeting outcomes

• Additional activities agreed upon in debriefing meeting are planned and implemented

Critical aspects:

• where appropriate, suggested interview questions and activities are forwarded to instructing legal practitioner for review

• interview questions are relevant and appropriate for the information requirements

• arrangements and verification of client meeting is completed within agreed timelines

• arrangements for interview are made taking into account any equipment needed prior, during and after the interview

• evidence of knowledge of the relevant legal process and legislative requirements

• explanations to client are made clearly and sensitively

• the interview is conducted efficiently and courteously

• legal terminology and process can be explained in clear, simple language

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

• 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

• appropriate questioning techniques are used, taking into account the client’s characteristics

• client’s questions are answered within limits of own area of responsibility

• questions outside own area of responsibility and knowledge are identified and assistance is promptly sought, where appropriate

• client questions within range of responsibility are answered satisfactorily and questions outside own range of responsibility are referred to instructing legal practitioner for immediate resolution

• client information is obtained within agreed timelines using appropriate method

• interview is carried out sensitively and non-disclosable information not disclosed

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

• file notes are kept up to date

• all work is conducted within accepted codes of conduct including those relating to: maintaining confidentiality and security of information, use of company property, duty of care, ethical behaviours, 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

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

Consistency in performance:

This unit of competency will require evidence to be collected across a range of events, dealing with different clients and conducting different types of interviews, 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:

• observation of performance

• questioning

• discussion

Underpinning Knowledge and Skills

Knowledge

• relevant legal process

• time recording procedures

• complexity of the matter at hand

• security, confidentiality and privacy

• legal terminology relevant to the matter

• appropriate questions and questioning technique

• range of responsibility in relation to the matter

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

• a firm’s invoicing procedures

Skills

• literacy: reads and interprets intricate legal procedures and texts; identifies and selects relevant information; prepares brief and debrief; makes notes from spoken and written texts, and revises to enhance meaning and effectiveness

• research and analysis: analyses a complex legal procedural text; assembles and critically evaluates evidence

• follows and provides clear written and oral sequenced instructions

• communication: participates in sustained and complex transactions; clarifies and elicits relevant information; adjusts questioning techniques to respond to client

• numeracy: keeps accurate records/files

• contingency planning

• interviewing skills