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Evidence Guide: DEFDPL009 - Manage and analyse a legal file

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

 

DEFDPL009 - Manage and analyse a legal file

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

Initiate preliminary file activities

  1. Arrange a meeting with legal officer to discuss new file, and to plan and prioritise preliminary work
  2. Obtain details of legal matter from client in accordance with organisational procedures
  3. Clarify matter with legal officer and client, and document agreed mutual expectations
  4. Prepare initial file documentation in accordance with organisational procedures
Arrange a meeting with legal officer to discuss new file, and to plan and prioritise preliminary work

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Obtain details of legal matter from client in accordance with organisational procedures

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Clarify matter with legal officer and client, and document agreed mutual expectations

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Prepare initial file documentation in accordance with organisational procedures

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Carry out conflict of interest test

  1. Carry out conflict of interest check in accordance with organisational and legal procedures
  2. Record on preliminary file notes, results of conflict of interest check and discuss and/or resolve any areas of potential conflict with legal officer
  3. Locate, access and extract relevant information for initiating files in accordance with organisational procedures
  4. Select and brief support staff to assist, in consultation with legal officer, as required
  5. Forward to client, on behalf of legal officer, confirmation of instructions, details of those working on the file, a summary of work to be performed and associated timelines, in accordance with organisational procedures
Carry out conflict of interest check in accordance with organisational and legal procedures

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Record on preliminary file notes, results of conflict of interest check and discuss and/or resolve any areas of potential conflict with legal officer

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Locate, access and extract relevant information for initiating files in accordance with organisational procedures

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Select and brief support staff to assist, in consultation with legal officer, as required

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Forward to client, on behalf of legal officer, confirmation of instructions, details of those working on the file, a summary of work to be performed and associated timelines, in accordance with organisational procedures

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Determine process and steps to facilitate running a file

  1. Plan work, assign staff and allocate resources to tasks in conjunction with legal officer
  2. Obtain, prepare and submit relevant background information and submit documents to legal officer for checking
  3. Conduct research to identify and review relevant legislation and cases
  4. Outline relevant legal requirements clearly to client and answer or refer questions to legal officer for follow-up
  5. Submit summary of future activities and preliminary work already performed to legal officer for sign-off and forward to client within agreed timelines
Plan work, assign staff and allocate resources to tasks in conjunction with legal officer

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Obtain, prepare and submit relevant background information and submit documents to legal officer for checking

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Conduct research to identify and review relevant legislation and cases

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Outline relevant legal requirements clearly to client and answer or refer questions to legal officer for follow-up

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Submit summary of future activities and preliminary work already performed to legal officer for sign-off and forward to client within agreed timelines

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Contact other persons about the file

  1. Contact and obtain statements from relevant people, as required
  2. Update file notes detailing all activities, actions and outcomes in accordance with organisational procedures
Contact and obtain statements from relevant people, as required

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Update file notes detailing all activities, actions and outcomes in accordance with organisational procedures

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Facilitate file administration and closure

  1. Package and disseminate file notes in accordance with organisational and legal procedures
  2. Close and archive file in accordance with organisational policies and procedures
Package and disseminate file notes in accordance with organisational and legal procedures

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Close and archive file in accordance with organisational policies and procedures

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

ELEMENTS

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 a meeting with legal officer to discuss new file, and to plan and prioritise preliminary work

1.2

Obtain details of legal matter from client in accordance with organisational procedures

1.3

Clarify matter with legal officer and client, and document agreed mutual expectations

1.4

Prepare initial file documentation in accordance with organisational procedures

2

Carry out conflict of interest test

2.1

Carry out conflict of interest check in accordance with organisational and legal procedures

2.2

Record on preliminary file notes, results of conflict of interest check and discuss and/or resolve any areas of potential conflict with legal officer

3

Open file

3.1

Locate, access and extract relevant information for initiating files in accordance with organisational procedures

3.2

Select and brief support staff to assist, in consultation with legal officer, as required

3.3

Forward to client, on behalf of legal officer, confirmation of instructions, details of those working on the file, a summary of work to be performed and associated timelines, in accordance with organisational procedures

4

Determine process and steps to facilitate running a file

4.1

Plan work, assign staff and allocate resources to tasks in conjunction with legal officer

4.2

Obtain, prepare and submit relevant background information and submit documents to legal officer for checking

4.3

Conduct research to identify and review relevant legislation and cases

4.4

Outline relevant legal requirements clearly to client and answer or refer questions to legal officer for follow-up

4.5

Submit summary of future activities and preliminary work already performed to legal officer for sign-off and forward to client within agreed timelines

5

Contact other persons about the file

5.1

Contact and obtain statements from relevant people, as required

5.2

Update file notes detailing all activities, actions and outcomes in accordance with organisational procedures

6

Facilitate file administration and closure

6.1

Package and disseminate file notes in accordance with organisational and legal procedures

6.2

Close and archive file in accordance with organisational policies and procedures

Required Skills and Knowledge

ELEMENTS

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 a meeting with legal officer to discuss new file, and to plan and prioritise preliminary work

1.2

Obtain details of legal matter from client in accordance with organisational procedures

1.3

Clarify matter with legal officer and client, and document agreed mutual expectations

1.4

Prepare initial file documentation in accordance with organisational procedures

2

Carry out conflict of interest test

2.1

Carry out conflict of interest check in accordance with organisational and legal procedures

2.2

Record on preliminary file notes, results of conflict of interest check and discuss and/or resolve any areas of potential conflict with legal officer

3

Open file

3.1

Locate, access and extract relevant information for initiating files in accordance with organisational procedures

3.2

Select and brief support staff to assist, in consultation with legal officer, as required

3.3

Forward to client, on behalf of legal officer, confirmation of instructions, details of those working on the file, a summary of work to be performed and associated timelines, in accordance with organisational procedures

4

Determine process and steps to facilitate running a file

4.1

Plan work, assign staff and allocate resources to tasks in conjunction with legal officer

4.2

Obtain, prepare and submit relevant background information and submit documents to legal officer for checking

4.3

Conduct research to identify and review relevant legislation and cases

4.4

Outline relevant legal requirements clearly to client and answer or refer questions to legal officer for follow-up

4.5

Submit summary of future activities and preliminary work already performed to legal officer for sign-off and forward to client within agreed timelines

5

Contact other persons about the file

5.1

Contact and obtain statements from relevant people, as required

5.2

Update file notes detailing all activities, actions and outcomes in accordance with organisational procedures

6

Facilitate file administration and closure

6.1

Package and disseminate file notes in accordance with organisational and legal procedures

6.2

Close and archive file in accordance with organisational policies and procedures

Evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the elements and performance criteria on at least one occasion and include:

classifying and sorting information

determining processes and steps to facilitate running a file

opening a file for the legal matter at hand including:

assembling and evaluating background information and critical documents

carrying out conflict of interest test

communicating effectively on complex legal matters

coordinating with instructing legal officer to prepare for complex trial or service discipline proceedings

ensuring trial/tribunal and post-trial/tribunal administration is completed in accordance with legal and operational procedures

establishing timelines and criteria

implementing written and oral instructions to prepare effective complex briefs

initiating preliminary file activities

obtaining relevant documents

preparing and processing documents involved in complex criminal law matters

preparing legal documents to support complex legal matters

preparing summaries of cases in complex legal matters

providing appropriate support in complex criminal law matters

undertaking analysis of information to determine status and value

undertaking complex research to support instructing legal officer.

Evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the elements and performance criteria and include knowledge of:

client negotiation techniques

complex legal practices and procedures

conflict of interest test check procedure

criminal law matters and service discipline proceedings

Defence Force Discipline Act (DFDA) and related legislation

legal terminology relevant to simple and complex legal matters

privacy principles

relationship between trials and tribunals, and potential impact on legal proceedings

relevant legal practices and procedures

relevant legal process, documents and exhibits, legislation and sections, and stages involved in the legal process

running a file procedures and required tasks

summary hearing/court/tribunal processes and their relevance to paralegal operational procedures

trials and service discipline proceedings and their relevance to paralegal operational procedures.

Range Statement

Range is restricted to essential operating conditions and any other variables essential to the work environment.

Non-essential conditions may be found in the Companion Volume Implementation Guide.