Elements and Performance Criteria

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.
Designated individual may include:
legal practice manager
legal practitioner
supervisor.
Legal matter may include:
agreement
contract
disputing a claim
initiating litigation
mediated dispute
protecting rights
settling a dispute
trademark.
Client may include:
business
government entity
individual
insurance company
legal aid
not-for-profit organisation
third party.
Organisation's policies and procedures may relate to:
accessing files
conflict of interest check
contingency management
fee structure
individual procedures adopted by instructing legal practitioner
information sources
information specific to the organisation
initiating and updating files
interviewing clients
office procedural manual
protocol for accommodating specific client needs, e.g. case manager, social worker or parole officer
protocol for contacting clients, e.g. translator or interpreter
providing quotes
recording information
security, confidentiality and privacy procedures
telephone protocol
terms of engagement
time-recording procedures
verifying and authorising information.
Fee structure may include:
fee by hour
fixed quote
scale of costs
special rates
tender.
Terms of engagement may include:
fee contingent on success of case
pro bono work
referral arrangement
union agreement.
Client expectations may include:
bill narrative
billing frequency
charge out rate
estimate of total legal costs
information about avenues for querying invoice details
name and address of recognised professional association (RPA) that regulates the organisation or practitioner
other requirements as described by relevant state, territory and/or local legislation, rules, regulations and codes of practice
reporting frequency.
Initial file documentation may involve:
assigning file or matter number to client
ensuring file or matter number is attached to all relevant documentation
recording relevant client matter details.
Conflict of interest check may include:
accounting package
databases
past working history of supervisor
searching files.
Conflict of interest may include:
representing other party
representing relative
vested interest in outcome.
Resources may include:
access to:
experts
office materials
services
staff
time
venues for liaison and meetings.
Other persons with whom liaison may occur may include:
experts
government departments and agencies
opposing parties.
Experts may include:
historian
medical practitioner
parole officer
psychiatrist
psychologist
social scientist
social worker.
Activities, actions and outcomes may include:
consulting experts
exchange of information
failure to return call
process of discovery
verbal communication with external parties.
Issues or problems may include:
difficulties with accessing required information
ensuring that support staff are adhering to security, confidentiality, privacy and timeline requirements
technical difficulties.
Relevant documentation 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 or territory and local legislation, rules, regulations and codes of practice.
Relevant documentation to be forwarded to client may include:
certificates
experts' reports
letters.
Disbursements may include:
billable hours
cost of duty stamps
court costs
filing fees
hiring experts
hiring services
photocopying
postage.

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 ability to:
document and file information according toorganisation's policies, procedures and legal requirements, and within agreed timeframes
apply organisation's financial systems and procedures according to legal requirements and within agreed timeframes
provide appropriate information, advice and assistance to clients within own scope of responsibility
explain legal and legislative requirements underlying actions
apply knowledge of relevant court processes, current legislation, legal processes and required documentation.

Context of and specific resources for assessment
Assessment must ensure access to:
an actual workplace or simulated environment
workplace manuals and reference materials, such as company policies, procedural manuals, checklists, documentation and sample forms
background information on courts, their jurisdiction and behavioural requirements
appropriate technology, such as computers with relevant software
appropriate texts and people with expert knowledge, such as legal practitioners
appropriate legislation and regulations relevant to common legal matters.

Method of assessment
A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this units:
analysis of responses to case studies and scenarios
direct questioning combined with review of portfolios of evidence and third-party workplace reports of on-the-job performance by the candidate
review ofquotes developed and forwarded to instructing legal practitioner for approval
review of preparation ofinitial file documentation
evaluation of documentation with results of conflict of interest checks recorded
review of information forwarded to client on opening a file
evaluation of updated file notes
review of progress reports forwarded to client
analysis of monitoring of trust account
oral or written questioning to assess knowledge of archiving procedures and appropriate file retention periods.

Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.