Course Title: Practise in a legal environment
Part B: Course Detail
Teaching Period: Term2 2015
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:firstname.lastname@example.org
Name and Contact Details of All Other Relevant Staff
Phone: 9925 1565
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
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
Upon successful completion of this course you will be able to:
Learning Outcome 1 - Open client file, take instructions and provide required legislative information.
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).
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.
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.
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.
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.
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
• 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
• 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.
Introduction to the Course including:
Course Overview – The Paralegal Profession
WIL Placement Requirements
|File Management |
Cost disclosure quiz
Ethics, Regulation and Professional Responsibility
Commence Civil Litigation
Communicating with the Client and Third Parties (Specialist letter and Disclosure Statements)
Commence Drink Driving File
|4||29 July|| Preparing a Civil File|
-Preparing a Complaint
-Statement of Claim
-Costs on a Complaint File Work
|File work||File Management to date|
|Review of Conveyancing process||File work||
Civil Litigation- Magistrates’ Court Complaint
Taking and preparing affidavits, statutory declarations
Commence Conveyancing File
|7||19 Aug||Finalise conveyance transations||File work||
Conveyancing File-Statement of Adjustments
|8||26 Aug||Attending Settlements||File Work|
|Mid Semester Break|
Brief to Counsel
Entering default judgment and calculating penalty interest
|Drink Driving File- Brief to Counsel|
Class Test - 2 hour open book
|13|| 7 |
Preparing Bills of Costs
|15||21 Oct||Closing Files/Revision||File work||
Drink Driving File -Letter to Client enclosing costs
File Management to be assessed
|16||28 Oct||Feedback Interviews||Feedback Interviews|
Student Learning Guide - supplied to students
Students should refer to and carefully examine all readings on the Blackboard
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
• 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.
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: Week 11 2015
Submission Procedure: in class open book test
The purpose of this assessment is to demonstrate your understanding of the topics covered in week 1-10.
Assessment Task 2 - WIL Placement Report 20%
Due Date: 14 October 2015
Submission Procedure: Blackboard and hard copy
The purpose of this assessment is to report on your student placement in industry.
Assessment Task 3 - File work (as listed under Assessment Tasks column in the weekly breakdown) 60%
Due Date: 21 October 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 (15 marks)
-Magistrates’ Court Complaint (10 marks)
-Statement of Adjustments (5 marks)
-Brief to Counsel (10 marks)
-Settlement checklist and attendance at Settlement (10 marks)
-Letter to client regarding costs. (10 marks)
Feedback - as well as feedback during the semester described below, an exit interview is conducted at the end of semester 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.
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:
|DNS||DNS||Did Not Submit for assessment|
Further information regarding the application of the grading criteria will be provided by your teacher.
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: <font color="#0000ff">http://www.rmit.edu.au/students/assessment/extension</font>
Form to use: <font color="#0000ff">http://mams.rmit.edu.au/seca86tti4g4z.pdf</font><o:p></o:p>
<font size="3" face="Times New Roman"> </font>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: <font color="#0000ff">http://www.rmit.edu.au/browse;ID=g43abm17hc9w</font>
Form to use: <font color="#0000ff">http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf</font>
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
Course Overview: Access Course Overview