BSBLEG414
Establish and maintain a file in legal services


Application

This unit describes the skills and knowledge required to manage the conduct of a file under the instruction of a designated individual.

It applies to individuals who apply well established, sound theoretical knowledge in the provision of administrative support in legal services.

No licensing, legislative 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. Initiate preliminary file activities

1.1 Arrange meeting with designated individual to discuss new file, and to plan and prioritise preliminary work

1.2 Obtain details of the legal matter from the client according to organisation’s policies and procedures

1.3 Develop a quote in line with organisation’s fee structure and forward it to instructing legal practitioner for approval

1.4 Forward quote and instructions for establishing a trust account to client on behalf of instructing legal practitioner

1.5 Clarify terms of engagement with instructing legal practitioner and client and ensure expectations are agreed upon and documented

1.6 Prepare initial file documentation

2. Carry out conflict of interest check

2.1 Organise self or other person to carry out conflict of interest check

2.2 Record results of conflict of interest check in preliminary file notes, and discuss and resolve areas of potential conflict

3. Open file

3.1 Locate, access and extract relevant information for initiating files

3.2 Select and brief support staff to assist on file, in consultation with designated individual

3.3 Forward confirmation of instructions, details of those working on the file, a summary of work to be performed and associated timelines to client on behalf of instructing legal practitioner

3.4 Plan work in conjunction with designated individual and allocate resources

4. Contact other persons about the file

4.1 Undertake liaison with other persons and obtain statements if necessary

4.2 Undertake liaison with experts where appropriate

4.3 Update file notes detailing activities, actions and outcomes and record time

5. Undertake legal process according to plan

5.1 Carry out legal process as planned with designated individual

5.2 Maintain information flow to designated individual on progress of matter

5.3 Immediately refer issues or problems outside own range of responsibility to designated individual for resolution

5.4 Monitor trust account to ensure sufficient monies are present and contact instructing legal practitioner to facilitate the transfer of additional funds if necessary

5.5 Keep client up-to-date on matter through progress reports and, where necessary, meetings with designated individual

6. Facilitate file administration and closure

6.1 Organise self or other person to reconcile time records with costing

6.2 Organise self or other person to undertake final costing

6.3 Organise self or other person to prepare invoice

6.4 Arrange meeting with designated individual to review final invoice and relevant documentation in order to facilitate sign-off before forwarding to client

6.5 Update and complete file notes

6.6 Ensure final accounting of trust account and resolve outstanding disbursements

6.7 Close and archive file according to organisation’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, 1.3, 1.5, 2.1, 3.1, 5.2, 5.4, 6.4

Reviews text from both hard copy and online sources to identify correct procedures and processes, to maintain information flow and to obtain specific information relevant to the current client and/or file

Writing

1.2, 1.5, 1.6, 2.2, 3.3, 3.4, 4.1, 4.3, 5.1, 5.2, 5.5, 6.5

Uses correct terminology, grammatical structures, spelling and organisational style guides to prepare documentation

Uses clear and detailed language and paraphrasing techniques to accurately transcribe events

Oral Communication

1.1, 1.2, 1.5, 2.2, 3.2, 4.1, 4.2, 5.4, 5.5, 6.4

Uses effective questioning and listening techniques to clarify needs and to obtain information from others

Relates information obtained, progress made and requirements using clear and concise language appropriate to the audience and environment

Numeracy

1.2, 1.3, 5.4, 6.1, 6.2, 6.3. 6.4

Extracts and evaluates numerical information and using a calculator or relevant software applies basic arithmetic functions, fractions and percentages to calculate billable hours, prepare invoices, monitor trust accounts and finalise disbursements

Navigate the world of work

1.2, 1.3, 2.1, 2.2, 5.3, 5.4, 6.7

Takes personal responsibility for following explicit and implicit policies, procedures and legislative requirements

Interact with others

2.1, 3.3, 5.1, 5.2, 5.3, 6.1, 6.2, 6.3

Selects the appropriate form, channel and mode of communication for a specific purpose relevant to own role

Get the work done

1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 2.1, 2.2, 3.3, 3.4, 5.4, 6.1, 6.2, 6.3

Takes responsibility for planning and organising own workload, determining when to allocate work to team members

Makes routine decisions and implements standard procedures for routine tasks, using formal decision making processes for more complex and non-routine situations

Uses familiar digital technologies and systems to access information, enter and store data, present information and communicate with others


Sectors

Administration – legal administration