Assessment

| May 21, 2015

You work as a paralegal in the Family Law Section of Mt Gravatt Law Centre. Mr James Thomsen, your supervising solicitor interviewed the client this morning over the telephone and he has left a memorandum (Annexure 1) on your desk with the information he has collected from the client. He would like you to contact the client to make an appointment to gather further information regarding the preparation of a divorce application and service documents.

After the interview, you must type up a file note with all the information that you have gathered from the client. Your file note must contain the following:
• Date and time of the interview;
• Explain to the client the procedure of your interview and why you are gathering personal information. Also explain to the client about maintaining confidentiality of the information gathered – Privacy Act and Australian Solicitors Code of Conduct.
• Personal and non-personal information in relation to the preparation of family law court documents.
• Explain legal and non-legal procedures to client in relation to family law matters.
• Calculate the amount for child support and advise which parent should pay such child support.
• Determine with client if agreement has been reached in relation to all issues regarding parenting and property (e.g. parenting plan or parenting consent order and financial agreement or property settlement consent order) (Parenting Plan attached Annexure 6)

To assist you in completing of the file note, please check the marking criteria below.

An example of a file note template is attached for your use or you can design your own file note (Annexure 2).

To assess your interpersonal skills during the interview, please complete the attached Self Assessment Guide (Annexure 3).
Assessment Task Details Attempt 1 Attempt 2 Comments / Date Observed
1. You are to conduct an interview with the client to obtain instructions in relation to a family law matter and prepare a file note, which should include the following:
The file note must contain all necessary formal parts (names, dates, time spent, client details, name of matter) 0 Yes 0 No 0 Yes 0 No

Drafting style and technique of the file note is appropriate (clear, plain language, correct spelling) 0 Yes 0 No 0 Yes 0 No

Make a note on the file note, your explanation to the client of the procedure of the interview. 0 Yes 0 No 0 Yes 0 No

Explain to client about maintaining confidentiality of the information gathered – Privacy Act 1988 (Cth) and Australian Solicitors Code of Conduct 2012 0 Yes 0 No 0 Yes 0 No

Record all personal and non-personal information in relation to client. 0 Yes 0 No 0 Yes 0 No

Note on the file your explanation of the legal and non-legal procedures 0 Yes 0 No 0 Yes 0 No

Make a file note of the calculation of the amount of child support to be paid by one party 0 Yes 0 No 0 Yes 0 No

Make note on file as to whether an agreement has been reached in relation to a parenting plan, parenting consent order or a property settlement consent order. 0 Yes 0 No 0 Yes 0 No

The file note identifies all the further information required and means of obtaining that information 0 Yes 0 No 0 Yes 0 No

The file note identifies all actions to be taken (and by whom) 0 Yes 0 No 0 Yes 0 No

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