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Evidence Guide: BSBLEG306A - Maintain records for time and disbursements in a legal practice

Student: __________________________________________________

Signature: _________________________________________________

Tips for gathering evidence to demonstrate your skills

The important thing to remember when gathering evidence is that the more evidence the better - that is, the more evidence you gather to demonstrate your skills, the more confident an assessor can be that you have learned the skills not just at one point in time, but are continuing to apply and develop those skills (as opposed to just learning for the test!). Furthermore, one piece of evidence that you collect will not usualy demonstrate all the required criteria for a unit of competency, whereas multiple overlapping pieces of evidence will usually do the trick!

From the Wiki University

 

BSBLEG306A - Maintain records for time and disbursements in a legal practice

What evidence can you provide to prove your understanding of each of the following citeria?

Record fee earner time

  1. Access time sheets submitted by fee-earners
  2. Organise self or other to enter time recording onto the accounting system against the relevant client or client matter file, or other relevant codes eg. training, marketing
  3. Note irregularities and/or uncertainties and follow standard resolution procedures or alert designated person as appropriate
  4. Make entries within agreed timelines
Access time sheets submitted by fee-earners

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Organise self or other to enter time recording onto the accounting system against the relevant client or client matter file, or other relevant codes eg. training, marketing

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Note irregularities and/or uncertainties and follow standard resolution procedures or alert designated person as appropriate

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Make entries within agreed timelines

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Enter disbursements incurred

  1. Record details of disbursements accurately against the relevant client or client master file according to a firm's policies and procedures
  2. Note irregularities and/or uncertainties and ensure standard resolution procedures are followed or alert designated person as appropriate
  3. Attach file/master number to all relevant documentation and file such documentation appropriately
Record details of disbursements accurately against the relevant client or client master file according to a firm's policies and procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Note irregularities and/or uncertainties and ensure standard resolution procedures are followed or alert designated person as appropriate

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Attach file/master number to all relevant documentation and file such documentation appropriately

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

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:

demonstrating honesty and integrity in all financial dealings

accurately entering time recording and disbursements onto the accounting system in accordance with firm's policies and procedures

presenting relevant documentation to designated person/s for approval within agreed timelines

consistently handling and administering trust accounts in accordance with firm's policies and procedures and legislative requirements

applying standard procedures to resolve irregularities and/or uncertainties and/or alertingdesignated person/s as appropriate.

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 examples of records

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

questioning (oral or written)

review of authenticated documents from the workplace or training environment

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:

BSBLEG301A Apply knowledge of the legal system to complete tasks

other legal services administration or general administration units.

Required Skills and Knowledge

Required skills

numeracy skills to apply combination of oral and written mathematical and general language for the record keeping process

communication skills to listen to clear, sequenced instructions; clarify information by questioning as necessary; and consult where necessary with team members and clients

technology skills to use a range of software applications

literacy skills to follows a firm's legal procedures and sequenced, written instructions

problem-solving skills to apply resolution procedures to standard problems

organisational skills to select and apply the procedures and strategies needed to perform a range of tasks within designated time lines.

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

overview knowledge of relevant; court processes, current legislation, legal processes and required documentation

Range Statement

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.

Time sheets may be:

electronic

paper-based.

Fee-earners may include:

accountant

conveyancer

law clerk

paralegal

qualified legal practitioner.

Designated person may include:

accountant

business manager

lawyer

legal practice manager

partner

supervisor

teacher/trainer.

Disbursements may include:

cost of duty stamps

courier fees

court costs

filing fees

photocopying

postage

search fees

telephone charges

other disbursements as described by state/territory requirements

A firm's policies and procedures may include:

accessing accounting system

availability of information

definition of disbursement and amount to charge

detailing disbursements

information specific to the firm

liaising with financial institutions

office procedure manual

recording information

security/confidentiality/privacy procedures

time recording procedures

verifying and authorising information.

Relevant documentation may relate to:

exchange of information

financial transaction

public search of record

verbal communication with external parties.

Methods for maintaining records for time and disbursements may include:

specialised electronic software packages eg. LAW 2000, BillBack, LawLedger

standard books of account - trust account receipt book, cash book, cheque book, ledger, bank deposit book

timesheet.

The area of law may include:

commercial law

corporate law

criminal law

family law

industrial relations

litigation

property law

tax law

wills and probate

other areas of law not included in this listing

Legislative requirements may relate to:

Australian Taxation Office regulations

court scales in each State/Territory

definition of a disbursement

establishing a trust account

Governing Legal Practice Acts in each State/Territory

Law Society/Institute procedures in each State/Territory

relevant State/Territory/Commonwealth legislation

schedules of fees and duties payable

taxation and banking requirements

the area of law

the client and a firm (eg. Consumer Credit Code, Privacy Act, secrecy laws, Codes of Practice, common law and Statutory Duties of Care involving financial relationships)

Tort, Equity and Statute law

trust accounting regulations in each State/Territory.