Course Title: Practise in a legal environment

Part B: Course Detail

Teaching Period: Term1 2016

Course Code: LAW5189

Course Title: Practise in a legal environment

School: 650T Vocational Business Education

Campus: City Campus

Program: C6106 - Advanced Diploma of Legal Practice

Course Contact: Doug Gourlay

Course Contact Phone: +61 3 9925 5944

Course Contact Email: doug.gourlay@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Joanne Mackay
Phone:  99255540
Email:  joanne.mackay@rmit.edu.au

Robyn Lang
Phone:  9925 1565
Email:  robyn.lang@rmit.edu.au

Nominal Hours: 68

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

Pre-requisites:  VU20108 Law of Contract and  VU20110 Law of Evidence and VU20111 Legal Process and VU20107 Law of Torts and VU20109 Property Law and VU20112 Commercial Law

Course Description

 This course provides learners with knowledge and skills to initiate the client file, take instructions and provide required legislative information, consult with internal/external specialist(s), and prepare, develop and manage legal documents, to ensure that all necessary information is obtained and that documentation accurately reflects the client’s needs, according to organisational policies and procedures.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU20113 Practise in a legal environment

Element:

N/A

Performance Criteria:

N/A


Learning Outcomes


Upon successful completion of this course you will be able to:

Learning Outcome 1 - Open client file, take instructions and provide required legislative information.
Assessment criteria
1.1 Determine risk acceptance criteria and establish acceptable risk levels based on evaluation of exposure.
1.2 Open and prepare the client file based on relevant enterprise and legislative requirements.
1.3 Take client instructions and record accurately.
1.4 Establish and record essential details.
1.5 Provide the client with accurate legislative information as instructed by the enterprise and answer questions accurately, completely and in a language appropriate to the client.

Learning Outcome 2 - Consult appropriate specialist(s).
Assessment criteria
2.1 Identify appropriate specialist(s).
2.2 Consult specialist(s) in a timely manner and according to appropriate protocol.
2.3 Provide complete and accurate information to, and obtained from, specialist(s) as required.
2.4 Follow up and complete appropriate action(s) resulting from consultation with the specialist(s).

Learning Outcome 3 - Obtain, prepare and manage legal documentation on the instructions and under the supervision of a solicitor or barrister.
Assessment criteria
3.1 Obtain legal documentation from appropriate source within appropriate timeframes (if applicable)
3.2 Prepare legal documentation in accordance with legal and organisational specifications and format, ensuring the compliance of all statutory requirements.
3.3 Check documentation for legal implications and complications.
3.4 Manage legal documentation according to legal and organisational timeframes and guidelines.

Learning Outcome 4 - Maintain communication with the client.
Assessment criteria
4.1 Inform the client on the progress of the file at appropriate and regular intervals.
4.2 Liaise with the client when required on decision making matters and/or legislative requirements.
4.3 Check database to ensure that there is no conflict with the existing client.
4.4 Inform the client of the consequences and procedures if conflict arises.

Learning Outcome 5 - Identify and apply legal ethics and practice.
Assessment criteria
5.1 Identify the main duties of legal practitioners and others employed in the legal profession.
5.2 Identify legislative and other sources of information on legal ethics and practice.
5.3 Identify potential ethical conflicts, including conflicts of interest between clients, apply and complete appropriate responses according to legislative and organisational requirements, report and review as required.
5.4 Identify confidentiality requirements in the legal profession.


Details of Learning Activities

A range of learning experiences are planned for this course including class and online activities,  file work, use of various online databases.


Teaching Schedule

This course is delivered in a simulated work space, in conjunction with EASC5040C Sustainable work practice (BSBSUS301A) course. Please refer to the Sustainable Work Practice for details of weekly outline and assessments.

Prior to training commencement a program level induction session will be conducted that comprises the following:

• Program overview and requirements
• MyRMIT/Blackboard
• Overview of assessment requirements
• Pre-Training Review including:
  o Recognition of Prior Learning and Credit Transfers
  o Assessment of current skills and knowledge
• Competency/Grading Criteria
• Plagiarism
• Appeals
• Extensions
• Feedback
• Privacy
• Submission requirements
• Resubmission policy
• Where to get support
• Student responsibilities
 
The nominal hours associated with this course are a guide only and represent the total teaching time and student effort required to successfully complete the course. This may include not only scheduled classes but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Week

Date

Lecture

Practice Firm

 
Assessment Tasks
 

Competencies Delivered
18 Feb

Introduction to the Course including:
• Course requirements
• Course support documents
• Course Blackboard access
• Accuracy of enrolment
• Assessment requirements/Cover Sheets
• Plagiarism
• Appeals
• Submission requirements
• Extensions/Resubmissions
• Feedback in this course
• Getting help

Course Overview – The Paralegal Profession

WIL Placement Requirements

File Management
Cost disclosure quiz
 
 

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

215 Feb

Ethics, Regulation and Professional Responsibility
Understanding Office and  Trust Accounts

Commence Civil Litigation

 

 

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

322 Feb

Communicating with the Client and Third Parties (Specialist letter and Disclosure Statements)

Commence Drink Driving File
 

 

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

429 Feb Preparing a Civil File
-Preparing a Complaint
-Statement of Claim
-Costs on a Complaint File Work
File work File Management to date

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

57 MarReview of Conveyancing processCommence Conveyancing File

Civil Litigation- Magistrates’ Court Complaint
 

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

614 Mar

Taking and preparing affidavits, statutory declarations
 Maintaining Trust Accounts


  File work

 

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

721 MarFinalise conveyance transactionsFile work

Conveyancing File-Statement of Adjustments
 

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

 

24 - 30 March Semester Break
31 - 1 April Self directed Learning
 


  

 84 AprAttending Settlements   
911 Apr

Brief to Counsel
  

 Conveyancing SettlementsConveyancing File Settlement
  

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

1018 Apr

 

Entering default judgment and calculating penalty interest


 

 

 File Work
 

Drink Driving file- Brief to Counsel

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

1125 Apr

Class Test 2 hour open book

 File work

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

122 May

WIL Placement

 WIL Placement

 

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

139 May

WIL Placement
 

 WIL Placement

 

 

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

1416 May

  Preparing Bills of Costs

 File work


WIL Placement Report Due 18 May
 

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

1523 May Closing Files/Revision File work
Files to be handed in

Drink Driving File -Letter to Client enclosing costs

File Management to be assessed

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

1630 May Feedback Interviews Feedback Interviews 

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)


Learning Resources

Prescribed Texts

Student Learning Guide - supplied to students


References

Students should refer to and carefully examine all readings on the Blackboard


Other Resources

It is recommended that you have access to a mobile computing device to allow greater flexibility in terms of where you can work on campus outside class times.

A laptop computer is required for the practice firm classes to produce documents and letters. In addition students should ensure they have sufficient printing credit prior to each class.

A student learning guide will be provided to students in the first class.

Extra readings and exercises will be available for each topic on the blackboard, that students are required to read.


Overview of Assessment

Assessment methods have been designed to measure achievement of the requirements in a flexible manner over a range of assessment tasks and may include:

• practical demonstration in a real or simulated work environment
• oral questioning
• role plays
• tests/exam
• case studies
• group discussion

Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant module standards are being met.


Assessment Tasks

To pass this course, you need to demonstrate you are competent to the industry standard as required of a paralegal. To achieve this, you must complete all assessments to an acceptable industry standard.

You will be assessed against your skills and knowledge and will receive feedback on each assessment task that will inform you whether you have performed to industry standard or not and how well you are performing.
 

To demonstrate achievement of the learning outcomes in this course the following evidence is essential:

• Knowledge of and the application of theory related to the areas of Law of Torts, Contract Law, Evidence and Legal Processes, legal ethics and areas of legal interest
• Knowledge of and the application of relevant organisational technology to produce legal documents, and file management systems to store and retrieve files
• Knowledge of and the application of professional code of conduct in the legal industry
• Initiate the client file, take instructions and provide required legislative information
• Consult with internal/external specialist(s), and prepare, develop and manage legal documents, to ensure that all necessary information is obtained and that documentation accurately reflects the client’s needs, according to organisational policies and procedures.

 

Assessment Task 1 - Class Test 20%
Due Date:  Tues 31 March 2015

Submission Procedure: in class open book test
The purpose of this assessment is to demonstrate your understanding of the topics covered in week 1-7.

Assessment Task 2 - WIL Placement Report 20%
Due Date: Tues 20 May 2015

Submission Procedure: Blackboard and hard copy
The purpose of this assessment is to report on the student placement in industry.

Assessment Task 3 - File work (as listed under Assessment Tasks column in the weekly breakdown) 60%
Due Date: Wednesday 27 May 2015
Submission Procedure: hand in three completed files to teacher at the end of the practice firm

The purpose of this assessment is to demonstrate the ability to run three files efficiently as would be required in legal practice. Students will need to satisfactorily complete all work on files to achieve a pass. A grade will be determined by assessment of the following;
-Management of files
-Magistrates’ Court Complaint
-Statement of Adjustments
-Brief to Counsel
-Settlement checklist and attendance at Settlement
-Letter to client regarding costs.

Feedback - as well as feedback during the semester described below, an exit interview is conducted on Wednesday 1 June to discuss file work, future job and study plans, WIL placement and sustainability reports.

Feedback will be provided throughout the semester in class and/or online discussions.  You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.  Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.

You should take note of all feedback received and use this information to improve your learning outcomes and final performance in the course.


Assessment Matrix

Marking Guide:

Grades received throughout semester are only indicative of your performance. These grades will only contribute to your final grade if you complete all assessments to an acceptable industry standard. If students cannot demonstrate competency across all learning outcomes or elements of the course the maximum grade they can achieve is NN or NYC. If students fail to submit one or more pieces of assessment, the maximum grade available is DNS.

Please refer to the Final Grades table below:

80-100HDHigh Distinction
70-79DIDistinction
60-69CRCredit
50-59PAPass
0-49NNFail
DNSDNSDid Not Submit for assessment
 
Further information regarding the application of the grading criteria will be provided by your teacher.

 

 

 

 

 

Other Information

Late Submission Procedures

If you are prevented from submitting an assessment on time, by circumstances outside your control, you must apply in advance for an extension to the due date of up to seven calendar days.
More Information: http://www.rmit.edu.au/students/assessment/extension
Form to use: http://mams.rmit.edu.au/seca86tti4g4z.pdf

Where an extension of greater than seven days is needed, you must apply for special consideration. Applications for special consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination.
More Information: http://www.rmit.edu.au/browse;ID=g43abm17hc9w
Form to use: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf

Resubmissions:
Students who achieve an indicative grade of greater than 50%, yet have not demonstrated competency across all learning outcomes will be given the opportunity to undertake an oral questioning with the assessor in which they will be required to demonstrate competence in the elements or learning outcomes not yet demonstrated. If students cannot demonstrate competency across all learning outcomes or elements of the course the maximum grade they can achieve is NN or Not Yet Competent.

Adjustments to Assessment
In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which the assessment arrangements might be granted please access the following website:
More Information: http://www.rmit.edu.au/browse;ID=kehn9bz22r41 (unresolved)

Course Overview: Access Course Overview