This unit applies to individuals who provide services to support legal practitioners, while under supervision. This unit underpins all units of competency in the Legal Services stream. All aspects of legal practice may be subject to a range of legislation, rules, regulations and/or codes of practice relevant to different job roles and jurisdictions.

ELEMENT

PERFORMANCE CRITERIA

1. Identify the main roles and responsibilities of key bodies in the legal system

1.1. Identify the functions of the courts, regulatory bodies and other legal service providers

1.2. Identify the roles of key personnel in the legal industry

1.3. Explain and apply practical implications of relevant legal practice legislation in regard to own activities

1.4. Research identified gaps in knowledge

2. Identify key personnel/sections within a legal firm and their functions, to complete routine administrative tasks

2.1. Ensure the key functions of a firm are identified and can be explained

2.2. Identify the key functions of all personnel/sections within a firm

2.3. Identify personnel responsible for authorisation of specific matters (eg. partner for authorising movement of funds in trust accounts)

2.4. Use the correct names of personnel/sections in administrative tasks according to a firm's policies and procedures

3. Produce and despatch legal documentation

3.1. Ensure purpose of document/form, and the stage of the legal process to which it relates, can be explained

3.2. Access relevant information from the client file

3.3. Access precedent from firm's bank of forms/routine documentation or draft document according to firm's procedures

3.4. Attach file/matter number to all relevant documentation

3.5. Self-check document/form for accuracy and present it to the legal practitioner, within agreed timelines

3.6. Organise self or other to despatch document in the appropriate manner

3.7. Document all activities, actions and outcomes and record time as required

3.8. File documentation correctly

4. Organise self or other to apply for certificates

4.1. Arrange, document/record timelines with designated person

4.2. Identify and locate supplier of certificate

4.3. Identify and advise applicable fees, taxes and rebates to client, if appropriate

4.4. Organise self or other to apply for certificate using appropriate forms and processes

4.5. Obtain record of as appropriate

4.6. Facilitate legal practitioner's review of self or other's work

4.7. Organise self or other to pursue appropriate follow-up action if certificates are not received on time or further information is required

5. Use court etiquette appropriate to the various courts

5.1. Use the appropriate manner of entering into and departing from the courts/tribunals

5.2. Use the appropriate manner of addressing the courts/tribunals

5.3. Use relevant legal language where appropriate

5.4. Identify and research gaps in knowledge of court etiquette

Required skills

literacy skills to read and interpret documents/forms; follow sequenced written instructions; use appropriate legal terminology and sentence structures; display awareness of purpose and context of documents

organisational skills to select and apply the procedures and strategies needed to perform a range of tasks, eg. legal forms and enclosures; and to undertake tasks concurrently

proofreading skills

research skills to identify gaps in knowledge and search and assemble relevant information

communication skills to listen and question to clarify information; explain legal terminology to others; modify language to meet audience requirements; and consult where necessary with team members and clients

numeracy skills to use a combination of oral and written mathematical and general language for record keeping purposes

technology skills to use a range of software applications, electronic mail and internet.

Required knowledge

scope of legal practitioner/support role and own responsibilities and obligations to provide legal advice, complete or sign off on legal work and/or appear in court as described by relevant jurisdiction(s)

firm's policies and procedures

accepted codes of conduct including those relating to:

privacy and confidentiality

use of company property

duty of care

ethical behaviour

non-discriminatory practice

conflict of interest

compliance with reasonable direction

legal terminology in relation to the area of law and the relevant legal process

purpose of a range of certificates, documents and forms in relation to the area of law

authorised 'signing parties'.

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Evidence of the following is essential:

accurately explaining relevant legal terminology in simple terms and using it correctly where appropriate

applying knowledge of the purpose of different types of documents/forms to read and interpret client's file and select appropriate information for inclusion

correctly preparing a range of relevant documents/ forms for lodgement or delivery in accordance with firm's procedures, relevant timelines and legislative requirements

accurately referring tokey personnel/sections of a firm according to their functions in all administrative tasks, written information and when responding to enquiries

applying correct processes, as designated by supplier, for the lodgement and receipt of certificates.

Context of and specific resources for assessment

Assessment must ensure:

wherever possible the context is a real or simulated workplace

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

access to list of relevant sources of documentation and sample forms

access to background information on courts, their jurisdiction and behavioural requirements

access to appropriate technology such as computers with relevant software

access to appropriate texts and access to person's with expert knowledge such as legal practitioners

access to appropriate legislation and regulations relevant to common legal matters, such as that accessible via:

http://www.law.gov.au

http://www.ag.gov.au

http://www.austlii.edu.au/

http://www.australia.gov.au/states-territories

http://www.act.gov.au

http://www.nsw.gov.au

http://www.nt.gov.au

http://www.qld.gov.au

http://www.sa.gov.au

http://www.tas.gov.au

http://www.vic.gov.au

http://www.wa.gov.au

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:

analysis of responses to case studies and scenarios

assessment of written reports

direct questioning combined with review of portfolios of evidence and third party workplace reports of on-the-job performance by the candidate

observation of presentations

questioning (oral or written)

review of testimony from team members, colleagues, supervisors or managers

tests of knowledge on relevant legislation, rules, regulations, codes of practice and research resources.

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:

other legal services administration or general administration units.

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Courts, regulatory bodies and other legal service providers may include:

County Court

Federal Court

Industrial Relations Court

Family Court

Supreme Court

Magistrates Court

Civil Registry Courts

State and Commonwealth Administrative Appeals Tribunal

Registrar of Probates

Liquor Licensing Commission

others not included in this listing

Key personnel in the legal industry may include:

Barristers

Coroners

Crown Prosecutor

Crown Solicitor

Director of Public Prosecutions

Judges

Judges' associates

Magistrates

public defenders

public solicitors

solicitors

solicitor for public prosecutions

paralegals

legal secretaries

partner

managing partner

legal practice manager

law clerk

Queen's counsel

process server

authorised signing parties

other key personal in the legal industry not included in this listing.

Relevant legal practice legislation requirements may relate to:

relevant State/Territory/Commonwealth legislation (eg. Legal Practice Act, The Judiciary Act)

schedules of fees and duties payable

the area of law

the client and a firm (eg. Consumer Credit Code, Privacy Act, secrecy laws, Codes of Practice)

trust accounting

other Commonwealth, state/territory and/or local legislations, rules, regulations and/or codes of practice not included in this listing.

Key functions of a firm may include:

commercial law

corporate law

criminal law

family law

industrial relations/employment law

litigation

property law

services in a specific area of law such as:

tax law

wills and probate

a range of legal services in specific settings such as:

Community Legal Centres

Government Solicitor's offices

Legal Aid Commissions

legal departments in large businesses

paralegal agencies (debt recovery, conveyancing)

private law firms (large, medium and small)

other areas of law not included in this listing

Key functions of personnel/departments may include:

accounts

catering

financial management

human resources

information technology

library/information services

mail room

marketing

reception

specialised areas of law.

Personnel responsible for authorisation of specific matters may include:

business manager

lawyer

legal practice manager

partner

supervisor

teacher/trainer

work colleague

other personnel not included in this listing.

A firm's policies and procedures may include:

accessing files

checklists

contingencies

core values

emergency procedures

firm charter

information sources

information specific to the firm

initiation of files

on-line information manuals

privacy

procedure manual

professional conduct code

recording information

security/confidentiality procedures

telephone protocol

training guides

updating files

verifying and authorising information.

Documents/forms may include:

agreements

briefs

emails

internal correspondence

letters

memorandums of law

opinion letters

pleadings

precedents

registered legal instruments

transcripts from supervisor's notes.

Requirements for documents/forms may include:

appropriate use of letterhead

correct line spacing

correct margins

correct use of reference

dual column system

list of enclosures

paragraph numbering

placing of headings

presence/absence of a back sheet

presence/absence of a cover sheet

specific sign off clauses

usage of keycaps and font features

use of document footers.

Precedents relevant to the particular area of law may include:

a firm's templates

agreements

contracts

court documents

leases

letter confirming client's instructions and rights

mortgages

standard letters

transfer of shares

wills

other precedents not included in this listing.

The precedent bank may be:

external

in-house

on-line

stored pre-printed forms.

Documents may be despatched via:

courier

email

fax

hand delivery

pick up by client

post AUSDOC.

Supplier of certificates may include:

clients

contracted supplier

local government agencies

other law firms

State and Federal government agencies.

Certificates may include:

birth

business names

citizenship

death

incorporation

marriage

rate and planning certificates

registration of business

title

trademark registration.

Certificates may be requested:

by letter

in person

on-line

via fax

via telephone.

Documentation for may include:

application for reservation of a name

articles of association

memorandum of association.

Court etiquette may include:

acknowledging the Judge as he/she enters the court/tribunal at commencement of proceedings

acknowledging the Judge as he/she leaves the court/tribunal at the conclusion/adjournment of proceedings

behaving appropriately when entering or leaving the court/tribunal during proceedings

not speaking in the court/tribunal unless required to do so

remaining standing until the Judge is seated

using the appropriate form of address for a Judge or a Magistrate.

Unit sector

Administration - Legal Services Administration

This unit contains employability skills.