BSBLEG304
Apply the principles of confidentiality and security within the legal environment


Application

This unit describes the skills and knowledge required to use ethical behaviour when dealing with sensitive and confidential information in a legal environment.

It 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.

No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication.


Elements and Performance Criteria

ELEMENT

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. Work within accepted codes of conduct

1.1 Submit work for review and approval by the legal practitioner who delegated the task/s

1.2 Keep paperwork up to date and forward reports on the progress of matter/s to clients regularly according to instructions and relevant legislation

1.3 Ensure contact with the opposing party in legal disputes occurs only under the specific direction of the legal practitioner responsible for the matter

1.4 Promptly communicate conflict of interest or potential conflict of interest in a legal matter to the legal practitioner responsible for the matter

1.5 Treat clients and fellow workers with respect

1.6 Take care to behave with honesty and integrity at all times

1.7 Direct trust account monies to legal practitioner for receipt

2. Follow confidentiality procedures

2.1 Assess information with regard to what is and what is not disclosable

2.2 Use discretion and judgement in all communications

2.3 Discuss clientrelated matters only within the confines of the practice and with appropriate personnel

3. Follow security procedures

3.1 Appropriately store and secure file related information, including electronically stored information

3.2 Hold discussions relating to client matters in a private location

3.3 Ensure all documents/exhibits relating to a file are locked away securely after use according to a firm’s policies and procedures

3.4 Ensure all materials required by legislation to be stored for certain periods of time are clearly labelled and stored securely according to a firm’s policies and procedures

Foundation Skills

This section describes language, literacy, numeracy and employment skills incorporated in the performance criteria that are required for competent performance.

Skill

Performance Criteria

Description

Reading

1.2, 2.1, 3.3, 3.4

Recognises and interprets textual information to determine and to adhere to the firm’s practices

Writing

1.1, 1.2, 3.4

Legibly and correctly completes and updates documentation

Oral Communication

1.4, 2.3, 3.2

Participates in spoken exchanges using structure and language to suit the audience

Uses active listening and questioning techniques to confirm understanding

Navigate the world of work

1.2, 1.3, 1.4, 2.1-2.3, 3.2, 3.3, 3.4

Complies with legislative obligations and follows ethical requirements, policies and procedures relevant to own role

Interact with others

1.1, 1.3, 1.5, 1.6, 2.2, 2.3, 3.2

Follows accepted communication practices and protocols for submitting work or discussing client-related matters

Get the work done

1.1, 1.2, 1.4, 1.7, 3.1, 3.3, 3.4

Plans, organises and implements tasks to achieve outcomes according to organisational requirements

Addresses problems by implementing standard procedures, referring problems outside own scope of responsibility to others

Uses digital systems and tools to access and store information, understanding the need for security of all data


Sectors

Administration – Legal Services Administration