Course Title: Practise in a legal environment

Part B: Course Detail

Teaching Period: Term2 2014

Course Code: LAW5189

Course Title: Practise in a legal environment

School: 650T TAFE Business

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

99255540

joanne.mackay@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


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 clustered with EASC5040C Sustainable work practice (BSBSUS301A) course.

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

Topics

Practice Firm

 

Assessment Tasks
 

Competencies Delivered
17th July

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

Practical Placement Requirements

File Management
Cost disclosure quiz
 
 

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

214th July

  Ethics, Regulation and Professional Responsibility

Commence Civil Litigation

File Work

 

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

321st July

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

Commence Drink Driving File
 

 

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

428th July 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)

54th Aug  Review of Conveyancing processFile work

Civil Litigation-

Magistrates’ Court Complaint
 

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

611th Aug

Taking and preparing affidavits, statutory declarations
 

Commence Conveyancing File
 

 

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

718th  Aug Statement of AdjustmentsFile work

Conveyancing File-

Statement of Adjustments
 

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

825th Aug Brief to Counsel
Sustainable Work Practices
File Work

Drink Driving File-

Brief to Counsel

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

BREAK – PRACTICAL PLACEMENT PRACTICAL PLACEMENT

   1-7 September -  Mid Semester break

98th Sep

 Practical Placement

  

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

1015th Sep

 Attending Settlements

 File Work
Conveyancing Settlements

 Sustainable workplace practices report due

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

1122nd Sep

 Entering default judgment and calculating penalty interest

 File work

 Conveyancing File-Settlement

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

1229th Sep

 Preparing Bills of Costs File work

 File work

 

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

136th Oct

 Closing files
 

 File work

Drink Driving File -

Letter to Client enclosing costs

 

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

1413th Oct

 Revision File

 File work 

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

1520st Oct Class Test- 2 hour open book File work

 

File Management to be assessed

 

LAW5189 (VU20113)
EASC5040C (BSBSUS301A)

1627th Oct 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 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.

In order to pass this course you must successfully complete the 3 assessment tasks:

Assessment Task 1 - Practical Placement report
Due Date: 10 October 2014

Submission Procedure: Blackboard and hard copy

The purpose of this assessment is to report on the student placement in industry.

Assessment Task 2 -Class Test
Due Date: Wed 22 October 2014
Submission Procedure: in class open book test

The purpose of this assessment is to demonstrate your understanding of the topics.

Assessment Task 3 - File work (as listed under Assessment Tasks column in the weekly breakdown)
Due Date: Wednesday 29 October 2014
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

Feedback - as well as feedback during the semester described below, an exit interview is conducted on Wednesday 29 0ctober to discuss file work, future job and study plans, practical 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:

You will receive feedback on each assessment task that will inform you how well you are performing.

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

Submission Requirements

You should:
• Ensure that you submit assessments on or before the due date:
   • If your performance in the assessment is affected by unexpected circumstances, you should consider applying for extensions of time. (Please refer to the information in the Late Submission Procedure section below)
   • If you have a long term medical condition and/or disability it may be possible to negotiate to vary aspects of the learning or assessment methods. You can contact the program manager or the Disability Liaison Unit if you would like to find out more.
• Always retain a copy of your assessment tasks (hard copy and soft copy).
• When you submit work for assessment at RMIT University you need to use a cover sheet that includes a declaration
and statement of authorship. You must complete, sign and submit a cover sheet with all work you submit for
assessment, whether individual or group work. On the cover sheet you declare that the work you are presenting for
assessment is your own work. An assignment cover sheet for submission of work for assessment is available on
Blackboard.
• Each page of your assessment should include a footer with your name, student number, the title of the assessment,
unit code and title and page numbers.

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:
If you fail an assessment  you will be allowed one resubmission only.  Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. The highest grade you will receive if your resubmission is successful is Pass.  If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.

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

Course Overview: Access Course Overview