Northern Territory Consolidated Regulations

LEGAL PROFESSION ADMISSION RULES - SCHEDULE 4

Schedule 4

rule 5

PRACTICAL LEGAL TRAINING COMPETENCY STANDARDS FOR ENTRY LEVEL LEGAL PRACTITIONERS

PART 1 – PREFACE

The competency standards for practical legal training for entry level legal practitioners have been jointly developed by the Australasian Professional Legal Education Council (APLEC) and the Law Admissions Consultative Committee. They seek to describe the observable performance required of entry level legal practitioners in a number of key areas at the point of admission to practise. The competency standards have been drafted in the light of the following publications:
National Competency Standards, Policy and Guidelines, National Training Board, Canberra 1991;

Heywood, Gonczi and Hager, A Guide to the Development of Competency Standards for Professions , Department of Employment, Education and Training, Canberra 1992.

It is in the interests of clients and the public that applicants for admission should be admitted to practise – and subsequently licensed and held out to the public as legal practitioners – only if they have acquired threshold competence to practise by completing appropriate academic and practical training. Before they are admitted to practise they must have the knowledge, values, attitudes and skills required to practise law competently. At the point of admission, each applicant will be expected to provide evidence that the applicant has achieved the competence required of an entry level legal practitioner in the following practice areas, skills and values:

Practice Areas	Skills	Values
Civil litigation Commercial and corporate Property law one of: Administrative law Criminal law Family law and one of: Consumer law Employment and industrial relations Planning and environmental law Wills and estates	Legal practitioner's skills Problem solving Work management and business skills Trust and office accounting	Ethics and professional responsibility

The Law Admissions Consultative Committee considers that:

1.     Every applicant seeking admission to practise should provide evidence that the applicant has attained the requisite competence specified by the competency standards whether the applicant has completed a practical legal training course, articles of clerkship, a Bar admission course or a combination of more than one of them.

2.     An applicant should generally have undertaken the relevant practical legal training and demonstrated attainment of the requisite competence either in the final year of a law degree or after completing that degree, or a combination of both.

3.     At whatever stage an applicant undertakes practical legal training, that training should be provided at a level equivalent to postgraduate training. It should build on the knowledge and understanding of the law, the legal system and legal practice which a graduate should have acquired by the end of an undergraduate law degree.

4.     Diversity in the ways in which practical legal training is given should be encouraged, provided that the quality of the training is not compromised and remains the paramount consideration.

5.     The training requires both programmed training and workplace experience. It requires an allocation of tuition hours and resources to curriculum which are appropriate as an equivalent of any of the following:

        (a)     a program of academic study at graduate diploma level which incorporates at least 90 hours of workplace training;

        (b)     12 months (1800 work hours) of closely supervised full time indenture as an articled clerk incorporating at least 90 hours of programmed training;

        (c)     a non-award training course of at least 6 months (900 hours) of which at least 450 hours is programmed training and at least 90 hours is workplace experience.

When programmed training is delivered as distance training or in electronic form, it should be devised to require an input of time from an applicant of at least 450 hours.

In this paragraph:

"programmed training" means structured and supervised training activities, research and tasks with comprehensive assessment.

"workplace experience" means supervised employment in a law or law related work environment or equivalent unpaid engagement in such an environment.

6.     While the competency standards propose minimum requirements for entry-level legal practitioners, they are not intended to discourage either wider, or more detailed, practical legal training.

7.     The competency standards are designed, where possible, to allow:

        (a)     competence in one relevant area to be acquired in the course of acquiring competence in another relevant area; and

        (b)     practical legal training to be given in flexible and innovative ways, where this is desirable.

It follows that an applicant need not acquire the requisite competence in any particular practice area, skill or value by undertaking training in any predetermined area of practice or topic.

8.     An applicant's competence in each practice area should be assessed in a way which allows the applicant, at the same time, to demonstrate competence in relevant skills and values.

9.     Those who teach in practical legal training courses or who supervise the work of potential applicants for admission while they acquire competence in the relevant practice areas, skills and values should either have substantial recent experience practising law, or comparable relevant qualifications or experience.

10.     Any program of practical legal training should:

        (a)     introduce a potential applicant for admission to Legal Aid and pro bono systems and schemes; and

        (b)     include practical experience in the use of current information technology.

11.     A course providing components of practical legal training to potential applicants, including articles of clerkship, should have formal means of assessing whether, and certifying that, an applicant has achieved the requisite level of competence in the relevant practice area, skill or value.

12.     Each admitting authority should:

        (a)     require any course providing components of practical legal training to potential applicants (other than articles of clerkship) to be approved by it; and

        (b)     monitor the provision of practical legal training (including articles of clerkship) to satisfy itself that the training is of an appropriate quality.

PART 2 – COMPETENCY STANDARDS

PRACTICE AREAS

CIVIL LITIGATION

Descriptor

An entry level legal practitioner must be able to conduct civil litigation in first instance matters in courts of general jurisdiction in a timely and cost-effective manner.

Element		Performance criteria The applicant has competently:
1.	Assessing the merits of a case and identifying the dispute resolution alternatives	assessed the strengths and weaknesses of both the client's and the opponent's case identified the facts and evidence required to support the client's case identified all means of resolving the case, having regard to the client's circumstances advised the client of relevant rights and remedies in a way the client can easily understand if possible, confirmed in writing any instructions given by the client in response to initial advice identified and complied with the relevant limitation period
2.	Initiating and responding to claims	identified an appropriate claim or defence identified a court of appropriate jurisdiction identified the elements of the claim or defence according to law followed procedures for bringing the claim or making the defence in accordance with the court's rules and in a timely manner drafted all necessary documents in accordance with those procedures
3.	Taking and responding to interlocutory and default proceedings	identified any need for interlocutory steps or default proceedings according to the court's rules followed procedures for taking those steps or proceedings in accordance with the court's rules and in a timely manner drafted all necessary documents in accordance with those procedures
4.	Gathering and presenting evidence	identified issues likely to arise at the hearing identified evidence needed to prove the client's case or disprove the opponent's case according to the rules of evidence gathered the necessary evidence presented that evidence according to law and the court's rules
5.	Negotiating settlements	conducted settlement negotiations in accordance with specified principles identified any revenue and statutory refund implications properly documented any settlement reached
6.	Taking action to enforce orders and settlement agreements	identified procedures for enforcing the order or settlement according to law and the court's rules followed those procedures in a timely manner

Explanatory Notes

This competency standard applies to first instance civil litigation in a State or Territory local lower or local higher court having general jurisdiction, and in the Federal Court.
Means by which a dispute might be resolved include, but are not limited to:
negotiation
mediation
arbitration
litigation

expert appraisal.
Means by which evidence might be gathered include:
statements from witnesses
notices to admit
discovery
subpoena
expert reports

certified official records, banker's books etc.
Means by which evidence might be presented include:
orally on oath
affidavits

video or telephone link.
Means of enforcement include:
execution process, including attachment of debts
taxation or assessment of costs

oral examination.

COMMERCIAL AND CORPORATE

Descriptor

An entry level legal practitioner must be able to conduct commercial transactions such as the sale or purchase of a small business. The legal practitioner must be able to: set up standard business structures using entities such as companies, trusts and partnerships; provide basic advice on finance and securities and the obligations of companies and their officers; appreciate the type of advice needed to assess the revenue implications of standard commercial transactions.

Element		Performance criteria The applicant has competently:
1.	Conducting commercial transactions	properly identified the nature of the transaction undertaken sufficient searches and inquiries to investigate any relevant issues of title to real or personal property drafted documents, had them executed, and (if necessary) certified, stamped and registered them according to law and good practice obtained or given any necessary consents to or notifications of the transaction required by law
2.	Setting up commercial structures	selected a structure that will achieve the client's objectives drafted all documents required to set up the structure (including establishing any discrete entities that will form part of the structure), had them executed and (if necessary) certified, stamped and registered them according to law and good practice informed the client of any continuing obligations in relation to the structure and, where the structure involves a corporation, the continuing obligations of the corporation and its officers
3.	Dealing with loans and securities	identified the various appropriate types of financial arrangements and securities available to the borrower and lender informed the borrower and lender of their immediate, continuing, and potential liabilities under any proposed financing and security arrangements drafted loan or security documents that reflect the agreement between the lender and borrower had the loan or security documents executed and (if necessary) stamped and registered them according to law
4.	Advising on revenue law and practice	identified the possible general revenue implications of the client's proposed commercial venture or arrangement if appropriate, referred the client to experts for more comprehensive or detailed advice

Explanatory Notes

This competency standard applies to commercial and corporate practice. It includes:
some common commercial transactions such as the sale or purchase of a small business
setting up standard business structures and entities, including companies
advising on the legal obligations of corporations and their officers
advising on due diligence investigations
identifying in a general way the possible revenue implications of standard commercial dealings and structures

drafting standard loan agreements and securities.
Business structures include:
trusts
private companies
partnerships
joint ventures
franchise arrangements.
Securities include:
bills of sale
chattel leases
loans agreements

guarantees, including guarantees from spouses.
Revenue implications include:
stamp duties
income tax
capital gains tax
GST
fringe benefits tax

land and property taxes.

PROPERTY LAW

Descriptor

An entry level legal practitioner must be able to convey, lease and mortgage real property. The legal practitioner must also be able to provide general advice on standard matters arising under legislation relating to land use in the particular State or Territory.

Element		Performance criteria The applicant has competently:
1.	Transferring title	properly identified the nature of the interest being dealt with, having regard to the applicable title system prepared, commented on and advised on an appropriate contract of sale or other type of agreement and had it executed according to law and good practice undertaken sufficient searches and inquiries to investigate title, any issues about land use and responsibility for outgoings drafted an appropriate instrument of transfer or conveyance and had it executed and (if necessary) stamped and registered according to law obtained or given any consents to or notifications of the transfer or conveyance according to law
2.	Creating leases	made and obtained all searches and consents required by law and good practice drafted, commented on and advised on a lease, in a form allowed by law, reflecting the agreement between lessor and lessee and protecting their respective interests arranged for the lease to be executed and (if necessary) stamped and registered according to law
3.	Creating and releasing securities	made and obtained all searches and consents required by law and good practice drafted, commented on and advised on an effective instrument to create or release the security, reflecting the agreement between the grantor and grantee and protecting their respective interests arranged for the instrument to be executed and (if necessary) stamped and registered as required by law
4.	Advising on land use	identified any legislative scheme regulating the relevant use advised the client generally about processes to be followed to obtain permission for or to object to the use, as the case requires
5.	Advising on revenue implications	identified the revenue implications of any transaction and advised the client accordingly

Explanatory Notes
This competency standard applies to dealings with interests in real and leasehold property, land use and securities. It must include:
contracts for sale of land, including special conditions
transferring title (or equivalent interest under the scheme of land title that exists in the particular State or Territory)
creating standard commercial leases
creating standard residential tenancies or leases
creating and releasing of mortgages

some aspect of land use.

This competency standard includes dealings under the main system of land title operating in the jurisdiction in which the legal practitioner practises. For example, in the Northern Territory it would include dealings under the Land Title Act and the Law of Property Act .
Aspects of land use might involve issues arising out of:
town planning schemes
local government by-laws
environment and heritage legislation

revenue and tax legislation.
This competency standard is limited to:
the main system of land title operating in a State or Territory

transactions an entry level legal practitioner would be expected to perform.

ADMINISTRATIVE LAW

Descriptor

An entry level legal practitioner who practises in administrative law must be able to: obtain information for clients under freedom of information legislation and otherwise; seek review of administrative decisions; represent parties before courts and administrative tribunals.

Element		Performance criteria The applicant has competently:
1.	Obtaining information	identified whether freedom of information legislation applies to the situation identified the specific legislation under which the information may be obtained taken the steps required under that legislation identified and taken any other practical steps required to obtain the information
2.	Obtaining review of administrative decisions	concluded correctly that the decision may be reviewed identified and discussed with the client alternative means of obtaining a review completed all preparation required by law, good practice and the circumstances of the matter represented the client effectively at any mediation, hearing or other review forum if this is appropriate and permitted
3.	Representing a client	identified all alternative means of obtaining redress and discussed them with the client completed all preparation required by law, good practice and the circumstances of the matter represented the client effectively at any mediation, hearing or other forum

Explanatory Notes

This competency standard applies to State, Territory and Commonwealth administrative law and practice and to proceedings before both State or Territory and Federal courts and tribunals.

For an entry level legal practitioner, administrative law practice may be either an area of specialised practice or an ancillary part of general practice.

Preparing to represent a client in a court or tribunal may include drafting written submissions.

CRIMINAL LAW

Descriptor

An entry level legal practitioner who practises in criminal law must be able to: advise clients before arrest; seek bail; make pleas; participate in minor contested hearings; assist in preparing cases for trial.

Element		Performance criteria The applicant has competently:
1.	Providing advice	identified the client's legal rights and the legal powers of the police or other prosecutors or investigators in the situation informed the client of those rights and powers in a way which the client can easily understand identified the legal elements of any offence with which the client is charged if possible, confirmed in writing any instructions given by the client in response to initial advice implemented the client's instructions when it is appropriate in the circumstances to do so
2.	Applying for bail	identified the client's options and communicated them to the client in a way the client can easily understand helped the client to make an informed decision about the option to select made an application for bail or taken other action effectively in the circumstances fully advised the client of any bail conditions
3.	Making pleas	identified the client's options and communicated them to the client in a way the client can easily understand identified and gathered all material useful to the plea according to law and good practice presented the plea in an effective and persuasive way, having regard to the circumstances of the case advised the client fully of the outcome in a way the client can easily understand
4.	Representing a client in minor matters	completed all preparation required by law, good practice and the circumstances of the case represented the client effectively at a contested and an uncontested hearing
5.	Assisting to prepare cases for trial	identified and gathered the evidence needed to support the client's case identified and briefed appropriate experts (including counsel), having regard to good practice and the requirements of the case

Explanatory Notes
This competency standard applies to criminal law practice. It includes:
advising clients before and after arrest
making a simple bail application on behalf of an accused person
making a plea in mitigation of penalty in a simple matter
some aspect of preparing a matter for hearing, such as briefing counsel

participating in a minor contested hearing.
Criminal matters include:
traffic offences
domestic violence and apprehended violence orders
drink driving

drug offences.

FAMILY LAW

Descriptor

An entry level legal practitioner who practises in family law must be able to: apply for dissolution of marriage; advise and take action in relation to parenting matters, property settlements, spouse maintenance and child support problems.

Element		Performance criteria The applicant has competently:
1.	Applying for dissolution of marriage	obtained instructions reflecting the client's informed wishes prepared an application complying with the relevant court rules filed and served the application in accordance with those rules proved service in accordance with those rules presented the client's application to the court effectively
2.	Acting in relation to ancillary matters	informed the client of all options, having regard to the circumstances of the case, in a way which the client can easily understand fully prepared the client's case having regard to the client's circumstances, the dispute resolution process the client has decided to pursue and good practice pursued the case in accordance with good practice for the chosen dispute resolution process identified and explained to the client the revenue implications of any proposed settlement documented and acted on any results of the chosen dispute resolution process as required by law and good practice

Explanatory Notes
This competency standard applies to dissolution of marriage and ancillary matters arising from the breakdown of marriages or other domestic relationships. It includes:
applying for dissolution of marriage

managing an ancillary matter in a family court up to the first directions hearing.

Ancillary matters include:
parenting matters
property settlements
spouse maintenance
child support
domestic violence orders
injunctions and sole use orders

de facto relationship proceedings.
Acting includes:
participating in primary dispute resolution processes
informal negotiation

initiating or responding to court proceedings for urgent, interim or final relief.

CONSUMER LAW

Descriptor

An entry level legal practitioner who practises in consumer law must be able to: advise clients on the procedures and remedies available in relation to consumer complaints; represent the client in any related negotiations or proceedings.

Element		Performance criteria The applicant has competently:
1.	Obtaining information	identified the situation as one to which consumer protection legislation applies identified the relevant legislation and any applicable case law identified any possible common law remedies
2.	Drafting documents	drafted any documents required, in accordance with the client's instructions and the relevant legislation
3.	Initiating and responding to claims	identified the appropriate forum for initiating or responding to a claim initiated a claim or taken action to oppose a claim in accordance with the rules and procedures of the relevant court or tribunal and in a timely manner obtained all necessary evidence and drafted all necessary documents in accordance with those rules and procedures
4.	Representing the client	identified all possible means of resolving the dispute to the satisfaction of the client and discussed them with the client completed all necessary preparation in accordance with the law, good practice and the circumstances of the matter represented the client effectively at any negotiation, mediation, hearing or other forum
5.	Taking action to implement outcomes	properly documented any order or settlement and explained it to the client in a way the client can easily understand identified any procedures necessary to enforce the order or settlement and carried them out in a timely manner

Explanatory Notes

This competency standard applies to the practice of consumer law. It includes both State or Territory and Commonwealth consumer protection legislation and codes.
Consumer protection legislation includes State, Territory and Commonwealth legislation and codes dealing with:
trade practices
misleading and deceptive conduct
motor car traders
domestic building contracts
consumer credit

residential tenancies.
A consumer protection dispute includes disputes relating to:
trade practices
misleading and deceptive conduct
motor car traders
domestic building contracts
consumer credit
guarantees

residential tenancies.
A court or tribunal includes:
Federal courts
State and Territory courts
statutory tribunals
industry complaint panels

industry Ombudsmen.

EMPLOYMENT AND INDUSTRIAL RELATIONS

Descriptor

An entry level legal practitioner who practises in the area of employment and industrial relations must be able to: advise clients on the relevant law and procedures; represent clients in negotiations; initiate and respond to applications in relevant State or Territory and Federal courts and tribunals.

Element		Performance criteria The applicant has competently:
1.	Assessing the merits of the dispute and identifying the dispute resolution alternatives	identified the relevant facts assessed the strengths and weaknesses of the dispute according to the relevant law identified all means of resolving the dispute, having regard to the client's circumstances
2.	Advising client on procedures	if appropriate, advised the client of means to avoid a dispute advised the client of available steps to strengthen the client's position
3.	Commencing negotiations	explored all opportunities for a negotiated settlement, subject to the client's instructions represented the client effectively at any negotiations
4.	Initiating and responding to proceedings	identified the appropriate jurisdiction initiated or opposed a claim in accordance with the rules and procedures of the relevant court or tribunal and in a timely manner obtained all necessary evidence and drafted all necessary documents in accordance with those rules and procedures
5.	Representing the client	completed all preparation required by law, good practice and the circumstances represented the client effectively at any mediation, hearing or other forum
6.	Taking action to implement outcomes	properly documented any order or settlement and explained it to the client in a way the client can understand identified and carried out any procedures required to enforce the order or settlement

Explanatory Notes

This competency standard applies to the practice of employment and industrial relations law at both State or Territory and Federal levels.
A dispute may involve:
award negotiations
an industrial dispute relating to an individual employee or to a workplace or industry
an equal employment opportunity or anti-discrimination claim

a claim for unfair dismissal.
The means by which a dispute might be resolved include, but are not limited to:
negotiation
mediation
conciliation
arbitration

litigation.
Steps available to a client to avoid a dispute or to strengthen the client's position include:
altering internal employment practices and procedures
drafting and revising employment contracts
entering or revising enterprise bargaining agreements
altering individual employment contracts
taking disciplinary proceedings

allowing industrial representation.

PLANNING AND ENVIRONMENTAL LAW

Descriptor

An entry level legal practitioner who practises in planning and environmental law must be able to: advise clients on the relevant law; generally assist clients in the planning process; initiate or oppose applications in, and obtain and present relevant evidence before, appropriate courts or tribunals; represent clients in various forums.

Element		Performance criteria The applicant has competently:
1.	Assessing the merits of the matter and advising the client	obtained full instructions from the client analysed the facts in accordance with the relevant law obtained and clarified any relevant technical information advised the client of any rights and obligations of the client and potential penalties if obligations are not observed identified all options and developed a plan of action in accordance with the client's instructions examined the commercial, political and public relations implications of any proposed action and explained them to the client
2.	Preparing applications	identified and analysed the relevant provisions of the relevant planning scheme prepared an application for development approval and submitted it with the necessary plans identified potential grounds of objection
3.	Initiating and responding to claims	identified the appropriate forum for initiating or responding to a claim initiated or opposed a claim in accordance with the rules and procedures of the relevant court, tribunal or other statutory body and in a timely manner obtained all necessary evidence and drafted all necessary documents in accordance with those rules and procedures
4.	Representing the client	identified all available means of resolving the matter to the satisfaction of the client and discussed them with the client completed all preparation required by law, good practice and the circumstances represented the client effectively in any negotiation, mediation, hearing or other forum
5.	Implementing outcomes	properly documented any order or settlement and explained it to the client in a way the client can easily understand identified and carried out in a timely manner any procedures to enforce the order or settlement

Explanatory Notes

This competency standard applies to the practice of planning and environmental law under both State or Territory and Commonwealth legislation.

The client's rights and obligations include rights and obligations under statute and at common law.
A claim or dispute may include:
an application for or exemption from a permit, licence, approval or other authority
an objection, appeal or application for review in relation to such an application
a prosecution for breach of relevant legislation

civil action relating to planning or environmental issues, or both.
Preparation for providing representation in a court, tribunal or other statutory body may include:
drafting written submissions

briefing counsel.

WILLS AND ESTATES

Descriptor

An entry level legal practitioner who practises in wills and estates must be able to: draft wills; administer deceased estates; take action to solve problems in relation to wills and estates.

Element		Performance criteria The applicant has competently:
1.	Drafting wills	advised the client of issues, options, and potential problems that might arise in respect of the client's testamentary intentions obtained instructions reflecting the client's informed and independent wishes that can be effectively implemented drafted a will reflecting the client's instructions identified any issues of testamentary capacity and resolved them in accordance with law and good practice ensured the client executed the will in accordance with law given any necessary follow up advice to the client
2.	Administering deceased estates	obtained a grant of probate or letters of administration if required identified the debts and assets of the estate gathered in the estate or transferred or transmitted assets directly to beneficiaries, as appropriate, having regard to the law, good practice and the circumstances discharged the estate's debts, distributed specific gifts and the residue and ensured the executors have been released of their obligations in a timely manner
3.	Taking action to resolve wills and estates problems	properly identified the nature of the problem, having regard to the law of the jurisdiction identified the client's options for dealing with the problem, having regard to the law of the particular jurisdiction and the client's circumstances explained the options to the client in a way the client can easily understand taken action to resolve the problem in accordance with the client's instructions

Explanatory Notes
This competency standard applies to wills and deceased estate practice. It must include:
drafting and advising on standard wills
obtaining an uncontested grant of letters of administration on an intestacy or probate if a will exists
administering a standard deceased estate

helping solve at least one common type of will or estate problem.
Wills and estates problems include:
testamentary capacity
construction
validity of the will
validity of gifts
assets outside the jurisdiction
revenue issues
family provision
mutual wills
trusts
informal wills

testamentary directions.
Follow up advice required may include:
the effects of marriage on a will
the effects of divorce on a will
storage options
revocation
modification

availability of associated documents such as enduring powers of attorney.

SKILLS

LEGAL PRACTITIONER'S SKILLS

Descriptor

An entry level legal practitioner must be able to demonstrate skills in the following: oral communication; legal interviewing; advocacy; negotiation and dispute resolution; letter writing; legal drafting.

Element		Performance criteria The applicant has competently:
1.	Communicating effectively	identified the purpose of a proposed communication, the most effective way of making it, an appropriate communication strategy, and the content of the proposed communication presented thoughts, advice and submissions in a logical, clear, succinct and persuasive manner, having regard to the circumstances and the person or forum to whom the communication is made identified and appropriately dealt with verbal, non-verbal and cross-cultural aspects of the proposed communication taken any follow-up action in accordance with good practice
2.	Interviewing clients	prepared properly for the interview, having regard to relevant information available before the interview and the circumstance. conducted the interview using communication techniques appropriate to both the client and the context ensured that the client and applicant have both obtained all the information they wanted from the interview in a timely, effective and efficient manner, having regard to the circumstances ensured that the applicant and client left the interview with a common understanding of the applicant's instructions (if any) and any future action the applicant or client is to take made a record of the interview that satisfies the requirements of law and good practice taken any follow-up action in a timely manner
3.	Writing letters	identified the need for and purpose of the letter written the letter in simple, straightforward English that conveys its purpose clearly and can be easily understood by the person to whom it is sent
4.	Drafting other documents	identified the need for and purpose of the document devised an effective form and structure for the document having regard to the parties, the circumstances, good practice, principles of writing simple, straightforward English, and the relevant law drafted the document effectively, having regard to the parties, the circumstances, good practice, principles of writing simple, straightforward English, and the relevant law considered whether the document should be settled by counsel taken every action required to make the document effective and enforceable in a timely manner and according to law (such as execution by the parties, stamping, delivery and registration)
5.	Negotiating settlements and agreements	prepared the client's case properly having regard to the circumstances and good practice identified the strategy and tactics to be used in negotiations and discussed them with and obtained approval from the client carried out the negotiation and any resolution as required by law or good practice and explained it to the client in a way the client can easily understand
6.	Facilitating early resolution of disputes	identified the advantages and disadvantages of available dispute resolution options and explained them to the client performed in the dispute resolution process effectively, having regard to the circumstances documented any resolution as required by law or good practice and explained it to the client in a way the client can easily understand
7.	Representing a client in court	observed the etiquette and procedures of the forum organised and presented in an effective, strategic way factual material, analysis of relevant legal issues and relevant decided cases presented and tested evidence in accordance with the law and good practice made submissions effectively and coherently in accordance with law and good practice

Explanatory Notes

This competency standard applies to "composite" skills that require a legal practitioner to synthesise several generic skills and apply them in a specific legal context. Legal practitioners must be able to exercise such skills effectively.
Representation refers to advocacy on behalf of a client in court, tribunal or other forum. It includes:
an aspect of preliminary or pre-trial civil or criminal proceedings
an aspect of first instance trial advocacy in a simple matter

leading evidence-in-chief, cross-examination, re-examination and making submissions.
Dispute resolution options include:
negotiation
mediation
arbitration
litigation

expert appraisal.

PROBLEM SOLVING

Descriptor

An entry level legal practitioner must be able to: investigate and analyse facts and law; provide legal advice; solve legal problems.

Element		Performance criteria The applicant has competently:
1.	Analysing facts and identifying issues	identified and collected all relevant facts as far as is practicable analysed the facts to identify any existing or potential legal and other issues distinguished facts that might be used to prove a claim from other facts, if the matter so requires
2.	Analysing law	identified any questions of law raised by the matter researched those questions of law properly, having regard to the circumstances identified and interpreted any relevant statutory provisions and applied them appropriately to the facts
3.	Providing legal advice	applied the law to the facts of the matter in an appropriate and defensible way given the client advice in a way the client can easily understand kept up with any developments that might affect the accuracy of previous advice and told the client about the effect of those developments
4.	Generating solutions and strategies	identified the problem of the client's goals as fully as is practicable investigated the facts and legal and other issues as fully as is practicable developed creative options and strategies to meet the client's objectives identified the advantages and disadvantages of pursuing each option or strategy including costs and time factors assisted the client to choose between those options in a way consistent with good practice developed a plan to implement the client's preferred option acted to resolve the problem in accordance with the client's instructions and the plan remained open to new information and ideas and updated advice to the client as necessary

Explanatory Notes
This competency standard applies to:
analysing facts
analysing legal and practical issues
analysing law
interpreting statutes
giving advice

solving problems in the context of legal practice.
Analysing law includes:
(a) researching legal issues using:
law libraries
on-line searches
electronic data bases
legal citators and digests; and

        (b) applying principles of precedent.
Other issues include:
risk management
public relations

financial implications.

WORK MANAGEMENT AND BUSINESS SKILLS

Descriptor

An entry level legal practitioner must be able to manage workload, work habits and work practices in a way that ensures clients' matters are dealt with in a timely and cost-effective manner.

Element		Performance criteria The applicant has competently:
1.	Managing personal time	used a diary or other system to record time limits or deadlines and to assist in planning work identified conflicting priorities as they arise and managed the conflict effectively used available time effectively, to the benefit of the client and employer
2.	Managing risk	conducted each matter in a way that minimises any risk to the client, applicant or firm arising from missed deadlines, negligence or failure to comply with the requirements of the law, a court or other body recognised the limits of the applicant's expertise and experience and referred the client or matter to a legal practitioner, counsel or another professional, as the circumstances require
3.	Managing files	used a file management system to ensure work priorities are identified and managed, clients' documents are stored in an orderly and secure manner, and to alert the legal practitioner to any need to follow up a matter or give it other attention rendered timely bills, in accordance with law and any agreement, which set out the basis for calculating fees accurately recorded all communications and attendances, with details of dates and times
4.	Keeping the client informed	communicated with the client during the course of the matter as frequently as circumstances and good practice require confirmed oral communications in writing when requested by the client or required by good practice dealt promptly with the client's requests for information informed the client fully of all important developments in the matter in a way the client can easily understand
5.	Working co-operatively	worked with support staff, colleagues, consultants and counsel in a professional and cost effective manner

Explanatory Notes
This competency standard applies to the exercise of good work habits in a legal practice to ensure:
clients do not suffer loss or damage because of missed deadlines or neglect of a matter
clients are kept informed regularly and fully of the progress of their matter

clients' matters are dealt with in a cost-effective manner.

TRUST AND OFFICE ACCOUNTING

Descriptor

An entry level legal practitioner must have a sound general knowledge of the significance of and the principles governing trust and general accounting in legal practice, and sufficient knowledge, skills and values to maintain trust and general account records according to law and good practice to the extent usually permitted and expected of an employed legal practitioner.

Element		Performance criteria The applicant has competently:
1.	Receiving money	dealt with money received from or on behalf of a client as required by law and good practice if the law and good practice requires money to be deposited in a trust account, controlled or general account, recorded the deposit as required by law and good practice issued any receipt required by law and good practice
2.	Making outlays	made an outlay from the correct account according to law and good practice recorded the outlay as required by law and good practice
3.	Rendering costs	calculated the costs in accordance with law, good practice and any costs agreement added to the bill all outlays made by the firm for which the client is responsible accounted to the client for any money received from the client on account of costs and outlays, as required by law and good practice drafted the bill and delivered it in accordance with law and good practice
4.	Maintaining Trust account	maintained any trust account in accordance with specific statutory requirements, including any requirements relating to common fund deposits and auditing

Explanatory Notes

This competency standard applies to trust and general accounting. It requires a general knowledge of bookkeeping and knowledge of legal practitioners' trust account law and practice and auditing requirements in the legal practitioner's jurisdiction.

VALUES

ETHICS AND PROFESSIONAL RESPONSIBILITY

Descriptor

An entry level legal practitioner must act ethically and demonstrate professional responsibility and professional courtesy in all dealings with clients, the courts, the community and other legal practitioners.

Element		Performance criteria The applicant has competently:
1.	Acting ethically	identified any relevant ethical dimension of a particular situation taken action that complies with professional ethical standards in that situation
2.	Discharging the legal duties and obligations of legal practitioners	identified any duty or obligation imposed by law on the applicant in a particular situation discharged that duty or obligation according to law and good practice
3.	Complying with professional conduct rules	identified any applicable rules of professional conduct taken action which complies with those rules
4.	Complying with fiduciary duties	recognised any fiduciary duty and complied with it according to law and good practice
5.	Avoiding conflicts of interest	identified any potential or actual conflict as soon as is reasonable in the circumstances taken effective action to avoid a potential conflict or, if a conflict has already arisen, dealt with it in accordance with law and good practice taken appropriate action, if applicable, to prevent such a conflict arising in the future
6.	Acting courteously	demonstrated professional courtesy in all dealings with others
7.	Complying with rules relating to the charging of fees	identified any rules applying to charging professional fees complied with those rules where they are relevant maintained records and accounts in accordance with law and good practice
8.	Reflecting on wider issues	reflected on the applicant's professional performance in particular situations brought to the attention of an employer or professional association any matters that require consideration or clarification recognised the importance of pro bono contributions to legal practice demonstrated an awareness that mismanagement of living and work practices can impair a legal practitioner's skills, productivity, health and family life

Explanatory Notes
This competency standard applies to:
ethics
statutes and general law relating to the duties and obligations of legal practitioners
written and unwritten rules of professional conduct

written and unwritten rules of professional courtesy.
The duties and obligation imposed by law on legal practitioners include duties:
of confidentiality
to act competently and to maintain competence
to act honestly
not to mislead the court

not to pervert the course of justice or the due administration of justice.
Conflicts of interest commonly arise between:
joint venture partners
directors and shareholders of a company
trustees and beneficiaries in a family trust

parties to any transaction where their interests potentially differ.