ELEMENT

PERFORMANCE CRITERIA

1. Initiate preliminary file activities

1.1 Meeting with legal officer to discuss new file, and to plan and prioritise preliminary work is arranged.

1.2 Details of the legal matter are obtained from client according to organisation's policies and procedures.

1.3 Matter is clarified with legal officer and client, and mutual expectations are agreed upon and documented.

1.4 Initial file documentation is prepared.

2. Carry out conflict of interest test

2.1 Conflict of interestcheck is carried out.

2.2 Results of conflict of interest check are recorded on preliminary file notes, and any areas of potential conflict are discussed and resolved.

3. Open file

3.1 Relevant information for initiating files is located, accessed and extracted.

3.2 Support staff are selected and briefed to assist on file, in consultation with legal officer where required.

3.3 Confirmation of instructions, details of those working on the file, a summary of work to be performed and associated timelines are forwarded to client on behalf of legal officer.

4. Determine appropriate process and steps to facilitate the process

4.1 Work is planned in conjunction with legal officer, staff are assigned to tasks and resources are allocated.

4.2 Relevant background information is obtained and prepared, and relevant documents are submitted to legal officer for checking.

4.3 Relevant legislation and cases are identified, relevant legal requirements are clearly outlined to the client and questions are answer or referred to legal officer for follow-up.

4.4 Summary of future activities and preliminary work already performed are submitted to legal officer for sign-off and forwarded to client within agreed timelines.

5. Contact other persons about the file

5.1 Liaison is undertaken with other persons and statements are obtained if necessary.

5.2 File notes detailing all activities, actions and outcomes are updated.

6. Facilitate file administration and closure

6.1 File notes are updated and completed.

6.2 File is closed and archived according to organisation's policies and procedures.

This describes the essential skills and knowledge and their level, required for this unit.

Required Skills

accurately record files

assemble and evaluate background information and critical documents

classify and sort information

establish timelines and criteria for managing staff performance

follow and provide clearly written and sequenced instructions

follow intricate legal procedures

maintain accurate records of all relevant activities

monitor and finalises accounts

participate in sustained and complex transactions

plan for contingencies

pose questions to elicit and clarify information

read and interpret legal documents

undertake research

use legal vocabulary and grammatical structures to achieve precise meaning

write reports

Required Knowledge

court process

organisation’s policies and procedures required in the full range of tasks covered

relevant current legislation

relevant legal process

relevant legal terminology

stages involved in the legal process

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

Assessment must confirm the ability to:

manage the conduct of a file under the instruction of a qualified legal practitioner

establish a file for the legal matter at hand

develop and obtain appropriate documents

negotiate with clients

follow file closure procedures

The candidate must at all times comply with legislative requirements, policy and standards, and demonstrate an awareness of access, equity and diversity principles and practices.

Consistency in performance

Competency should be demonstrated in a range of actual or simulated workplace contexts.

Context of and specific resources for assessment

Context of assessment

Competency should be assessed in the workplace or in a simulated workplace environment.

Specific resources for assessment

Access is required to appropriate documentation and resources normally found in the work environment.

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 in the Performance Criteria is detailed below.

Legal matter may include:

agreements

contracts

disputing a claim

initiating litigation

mediated disputes

protecting rights

settling a dispute

trademarks

Client may include:

business

individual

insurance company

third party

Organisation’s policies and procedures may include:

accessing files

checking conflict of interest

contingency management

fee structure

information sources

information specific to the organisation

initiation of files

interviewing

legal officer supervisory procedures

office procedures manual

providing quotes

protocol for accommodating specific client needs such ascase manager, social worker, parole officer

protocol for contacting clients such as translator, interpreter

recording information

security/confidentiality/privacy procedures

telephone protocol

terms of engagement

time recording procedures

updating files

verifying and authorising information

Expectations in relation to the matter may include:

bill narrative

billing frequency

charge out rate

estimating total legal costs

information about avenues for challenging invoice

name and address of recognised professional association (RPA) which regulates the organisation or the practitioner

other requirements as described by relevant state/territory and/or local legislation, rules, regulations and/or codes of practice

reporting frequency

Initial file documentation

may include:

assigning file/matter number to client

ensuring file/matter number is attached to all relevant

documentation

recording relevant client matter details

Conflict of interest may include:

representing other party

representing relative

vested interest in outcome

Conflict of interest check may include:

accounting package

databases

past working history of supervisor

searching files

Carrying out conflict of interest check may include:

engaging someone else to undertake the task

undertaking the task oneself

Resources may include:

access to experts

office materials

services

staff

time

venues for liaison and meetings

Relevant background information may include:

open file

relevant legislation

previous dealings with client or relevant third party

Relevant documents may include:

agreements

bank statements

briefs

contracts

information for client

internal correspondence

leases

letters

memorandums of law

mortgages

opinion letters

organisation’s templates

other financial documentation

pleadings

precedents

statements

transcripts from supervisor's notes

transfer of shares

wills

other relevant documentation required under commonwealth, state/territory and/or local legislation, rules, regulations and/or codes of practice

Relevant legislation and cases may include:

common law

constitutional law

statutory law

Other persons with whom liaison may occur mayinclude:

experts

government departments/agencies

opposing party/ies

Activities, actions and outcomes may include:

consulting experts

discovery

exchange of information

failure to return call

verbal communication with external parties