FlindersLawSchool

LLAW 4211 – LEGAL PRACTICE MANAGEMENT

(PLACEMENT)

HANDBOOK FOR SUPERVISORS

Legal Education at Flinders

The course leading to the degree of Bachelor of Laws and Legal Practice is designed with the intention that students will obtain:

(a)knowledge, understanding and the capacity to critically appreciate and evaluate Australian law and the Australian legal system, taking into account historical development and societal imperatives;

(b)facility in a range of basic legal and generic skills that assist in the translation of legal rights into effective outcomes; and

(c)competence in applied legal skills essential to the ethical and professional conduct of legal practice, broadly construed.

Particular skills emphasised include:

  • legal research techniques;
  • legal reasoning, especially case analysis, statutory interpretation and an appreciation of how facts are established and their relevance determined;
  • critical evaluation of legal rules and policy issues;
  • presentation of arguments, both orally and in writing;
  • interpersonal communication, for instance, in the contexts of interviewing clients or conducting negotiations; and
  • use of plain and understandable English in legal drafting and other forms of writing.

The overarching aim is to have graduates properly prepared to enter upon the practice of law in Australia.

Graduate Qualities

In keeping with the ethos of its Charter and Goals, the LawSchool strives to produce graduates who:

  • are knowledgeable;
  • can apply their knowledge;
  • communicate effectively;
  • can work independently;
  • are collaborative;
  • value ethical behaviour; and
  • connect across boundaries.

The Placement – ACapstone Experience

The Legal Office Placement plays an important role in the development of the desired graduate qualities. It gives Flinders law students an opportunity to bring together the academic work and skills experiences they have encountered throughout their degree and to reflect on what they have learnt and the importance of continuing to learn.

FlindersLawSchool is grateful to all legal offices and placement supervisors who make this experience available to our students.

Work Integrated Learning at Flinders

FlindersUniversity is committed to providing a student-centred, innovative, supportive and high quality learning experience, and views the opportunity to take part in some form of work-related experience as an essential form of learning.

Work-Integrated Learning (WIL) is the term normally used to describe directed or supported educational activities that integrate theoretical learning on campus with its application in the workplace. Work-Integrated learning that is intentional, organized, recognized and accredited by the University can provide powerful learning experiences for students and staff. WIL provides opportunity for students to demonstrate graduate qualities.

A Work Integrated Learning policy was approved by the Academic Senate on 08 September 2010 and this Supervisor’s Handbook and the associated Conditions of Placement (below) incorporated in the placement approval forms have been developed in accordance with that policy.

FlindersLawSchoolConditions of Placement

The Host Organisation (Legal Office) must:

  1. Placement
  • have the capacity to provide a legal office placement as described in the Flinders University Placement Supervisor’s Handbook;
  1. Supervision
  • provide appropriate supervision as described in the Flinders University Placement Supervisor’s Handbook, including:
  • nominating a qualified placement supervisor (the Nominated Placement Supervisor);
  • not permitting a student to hold himself or herself out , or allow anyone else to hold him or her out as a solicitor;
  • not permitting a student to provide legal advice or to draw a document except under the direct supervision of a legal practitioner who takes the ultimate responsibility for the student’s actions;
  1. OHS
  • provide students with a safe workplace, including:
  • taking reasonable precautions in respect of the health safety and welfare of the students in a non-discriminatory and harassment free work environment;
  • ensuring students are informed of relevant occupational health and safety requirements and procedures;
  • contacting the nominated University staff member in the event of a student having an accident, sustaining an injury or being involved in a safety incident whilst on placement;
  1. Insurance
  • have adequate public liability insurance cover in relation to loss, damage or injury suffered by students and/or university staff as a result of acts or omissions by the host organisation, its employees or third parties.

The Nominated Placement Supervisor must:

  • hold a current practising certificate issued in an AustralianState or Territory and have held one for a minimum of five years OR be a current member of the judiciary;
  • provide appropriate legal office placement experiences for the student including enabling the student to complete required placement tasks;
  • discuss with the student professional conduct, confidentiality and appropriate professional behaviour;
  • provide reasonable supervision of the student during the placement including signing the placement participation verification weekly;
  • complete the placement supervisor’s verification in the placement handbook;
  • communicate with the University staff member in relation to any matters of concern within the placement.

The University must:

  1. Placement
  • provide advice to host organisations and students as to the requirements of the placement;
  • provide advice to students as to student responsibilities in the workplace including expected standards of behaviour and performance;
  • provide adequate support to students before, during and after placement;
  • advise students as to provisions for suspension or withdrawal from placement;
  1. Supervision
  • provide the student and the host organisation with the contact details of staff members responsible for the co-ordination of the placement and university supervision of the student;
  • in consultation with the nominated placement supervisor, provide appropriate supervision in relation to the student on placement;
  1. OHS
  • provide students with appropriate general OHS preparation before placement;
  1. Insurance
  • advise the student and the host organisation of the relevant provisions of the university’s insurance policy.

The student must:

  1. Placement
  • sign a declaration as to his/her fitness to undertake the placement;
  • communicate with the nominated placement supervisor and/or University staff member in relation to any matters of concern within the placement;
  1. Supervision
  • act in accordance with:
  • the instructions of his or her placement supervisor
  • the policies and procedures of the host organisation
  • the principles of professional responsibility
  • not hold himself or herself out , or allow anyone else to hold him or her out as a solicitor;
  • not provide legal advice or to draw a document except under the direct supervision of a legal practitioner who takes the ultimate responsibility for his or her actions
  • negotiate strategies to meet the required tasks as set out in the Student Placement Handbook
  • ensure that the tasks and placement participation records are signed each week as required, and that final verification signatures are obtained form the nominated placement supervisor.
  1. OHS
  • participate in pre-placement training required by the university which includes general OHS training
  • comply with any reasonable safety instructions , rules or procedures of the host organisation
  • notify the host organisation and the university placement co-ordinator in the event of having an accident, sustaining an injury or being involved in a safety incident whilst on placement
  1. Insurance
  • be aware of and comply with the relevant provisions of the university’s insurance policy.

Placement Overview

For a legal office placement to be accredited, it must occur:

  1. during the year in which the Flinders student is enrolled in LLAW4211 – Legal Practice Management (Placement);
  2. within a “legal office” (see below);
  3. under the supervision of a “Nominated Placement Supervisor” (see below)
  4. for a minimum of 225 hours;
  5. with the formal approval of the Law Societyof South Australia’s Education Section.

The placement comprises both a component related to the general experience of legal office practice and a number of tasks which each student is required to complete and which are assessed by the nominated placement supervisor or his or her appropriate delegate. It is defined as “experience of the types of tasks which are commonly found in legal offices including:

  • interviewing and advising;
  • legal research;
  • letter writing and drafting;
  • using Court Registries and Public Offices;
  • negotiation;
  • advocacy;
  • practice management”

The placement is designed to:

  • provide realistic opportunities for students to experience applications of legal practice skills developed within their course;
  • enable students to experience and become involved in situations involving actual clients through correspondence, telephone attendance, direct interview, affidavit preparation, proofing, court observation, file maintenance and similar situations;
  • enable students to observe and analyse actual practice management and risk management systems;
  • enable students to experience various processes of document preparation and lodgement;
  • assist in the development of students’ understanding of the complex interactions that constitute the dynamics of a legal practice whether it be in a large firm, small firm or corporate/public sector legal practice.

The information in this booklet provides guidelines for the Placement experience anticipated for FlindersLawSchool students.

If you would like more information, or this is your first time in the role of Placement Supervisor, please contact:

Deborah Ankor

Director of Professional Programmes

FlindersLawSchool.

Tel: 08 8201 3986

Email:

The “legal office”

A “legal office” is defined as:

  • a private law practice, or
  • a government or semi-government department, which provides legal services (for example, giving legal advice, legal transactions, legal representation)
  • a corporate legal office, or
  • a community legal service, or
  • any other organisation, department, or office which the Law Society GDLP Education Committee approves as providing legal practice Placement experience.

For the purposes of the Flinders University WIL policy, the legal office is the “Host Organisation”. A Host Organisation must have the capacity to provide the student with a legal office placement as described above.

The legal office must provide students with a safe workplace, including:

  • taking reasonable precautions in respect of the health safety and welfare of the students in a non-discriminatory and harassment free work environment;
  • ensuring students are informed of relevant occupational health and safety requirements and procedures;
  • contacting the nominated University staff member in the event of a student having an accident, sustaining an injury or being involved in a safety incident whilst on placement, and

have adequate public liability insurance cover in relation to loss, damage or injury suffered by students and/or university staff as a result of acts or omissions by the host organisation, its employees or third parties.

The Nominated Placement Supervisor

The Nominated Placement Supervisor is a legal practitioner nominated by the legal office to supervise the students during the placement period.

The Nominated Placement Supervisor must hold an unrestricted practising certificate issued in an AustralianState or Territory and have held one for a minimum of 5 years or be a current member of the judiciary.

The Nominated Placement Supervisor must accept the responsibility to supervise the provisionof legal office Placement experiences for the student including enabling the student to complete the required placement tasks.

As part of that responsibility, the Nominated Placement Supervisor should:

  1. meet with the studentfor an initial briefing prior to or on day 1 of the placement to discuss, among other things, the tasks that must be completed;
  2. discuss with the student professional conduct, confidentiality and appropriate professional behaviour;
  3. provide reasonable supervision of the student during Placement;
  4. sign the Placement Participation Record of the student’s Placement Handbook once a week, verifying the total number of hours worked that week;
  5. complete the Placement Supervisor’s Verification in the student’s Placement Handbook.

The Placement Supervisor may wish to delegate the instruction and supervision of particular tasks to a Supervising Practitioner who must also hold a current practising certificate issued in an AustralianState or Territory and have held one for minimum of five years or be a current member of the judiciary.

In that case, the Nominated Placement Supervisor should ensure that the Supervising Practitioner is informed of the nature and requirements of the placement, including the record of placement tasks undertaken by the student and maintain contact with the delegated Supervising Practitioner as to the progress of the student.

The Placement Supervisor’s Verification will:

  1. verify that the student has (or has not) completed a minimum of 225 hours.
  2. verify that the student has (or has not) satisfactorily completed the tasks required during the Placement.
  3. verify that the student has (or has not) conducted themselves in a professional manner.
  4. provide feedback on the student’s performance during the Placement.

The Placement Supervisor should contact the Director of Professional Programmes at FlindersLawSchool if he or she has any concerns about the attendance, tasks required, hours worked, level of responsibility, or expected behaviour of the student.

Expectations of the Student

The student must:

  1. act in accordance with:
  • the instructions of the Nominated Placement Supervisor or a Supervising practitioner;
  • the policies and procedures of the legal office
  • the principles of professional responsibility.
  1. not hold himself or herself out , or allow anyone else to hold him or her out as a solicitor;
  2. not provide legal advice or to draw a document except under the direct supervision of a legal practitioner who takes the ultimate responsibility for his or her actions
  3. negotiate strategies to meet the required tasks as set out in the Student Placement Handbook
  4. ensure that the tasks and placement participation records are signed each week as required, and that final verification signatures are obtained form the nominated placement supervisor.

For a pass in the Placement component, students are required to satisfactorily:

  1. Participation

Participate in the Placement for a minimum of 225 hours and record this participation in the student Placement Handbook.

Exemptions from attendance at a placement legal office for any reason other than illness, such as University commitments or other appointments must be sought from the Nominated Placement Supervisor

  1. Tasks

Complete to the satisfaction of the Supervisor, the required tasks as set out in the student Placement Handbook and outlined in this Guide (see p 12ff).

While tasks must be performed once, or in a particular context, students are encouraged to undertake the tasks as many times as practicable, while under the supervision of experienced practitioners.

  1. Professional Conduct

The student is required to conduct him/herself in accordance with the Rules of Professional Conduct and practice and the standard of professional responsibility, care and service required of legal practitioners.

The student is also required to conduct him/herself in a professional manner that reflects acceptable standards of behaviour expected in a legal office, which includes maintaining a suitable standard of dress and physical appearance throughout the placement.

The Nominated Placement Supervisor will be required to indicate the professional conduct (or otherwise) of the student at the completion of the placement.

  1. Failure to meet Requirements

If the Nominated Placement Supervisor considers that a student has not satisfactorily addressed the requirements of the placement assessment, the Nominated Placement Supervisor may contact the Director of Professional programmes, Flinders Law School to suggest that either:

  • further experience be undertaken in the legal office; or
  • that the student be withdrawn from the placement; or
  • that other action be taken.

Rights Of Appearance Before The Court

There are no statutory rights for pre-admission students to represent parties in legal proceedings in courts and tribunals in South Australia.

In the absence of statutory rights, the courts themselves have made the following provision for Pre Admission students to appear in certain circumstances:

As at September 2007 the following information has been provided by the various courts concerning PLT students’ rights of appearance:

COURT / RESPONSE
Magistrates Court of South Australia / “It is the view of the Magistrates Court that it is sufficient for the student, at the hearing, to advise the courts that they are a PLT student and who is their supervising practitioner. They would then need to formally request leave to appear. Whether or not they have written confirmation from their supervisor is a matter between the supervisor and the student.”
As of 10 December 2009, the following is added:
“…whilst the Court will generally give permission to GDLP students to appear on adjournments and non-contentious matters, it is inappropriate for practitioners to send such students to pre-trial conferences or other matters where the matter itself requires an admitted practitioner.”
District Court of South Australia / From 4 September 2006 the District and Supreme Court amended Rules and Practice Directions provide that a person may only be represented in proceedings before the court by an admitted legal practitioner entitled to practice in South Australia: Rule 22 and Rule 4. There is no discretion to permit a PLT student to appear in proceedings in the District Court.
Supreme Court of South Australia / Leave is unlikely to be granted for a student to appear in a matter in the Supreme Court. It would not be appropriate for a PLT student to appear, whether before a Judge or a Master of the Court. In relation to Masters formal and non-contentious applications are usually dealt with without the attendance of practitioners.
Industrial Relations Court / “While reserving the right not to grant permission in a particular case, the Magistrates have indicated a preparedness to generally grant permission for students to appear in Chambers on uncontentious interlocutory applications and on uncontentious directions hearings. With respect to appearances in Court the circumstances in which it would be appropriate for students to attend is obviously more limited. The Magistrates would be disposed to grant permission to attend at Prosecution call-overs provided no applications that are likely to be contentious are envisaged. This would be generally confined to the initial return date. Magistrates would generally not be disposed to grant permission for students to appear in court to collect judgments.”
Federal Court of Australia / “The view of the Federal Court, as a superior court of record, is that it is unlikely that a PLT Student would be given leave to appear in a matter in the Court. There may be exceptional circumstances in which such leave might be given. That is a matter for the individual judge. In non-contentious matters, practitioners are encouraged to use Order 35 r 10 of the Federal Court Rules, which permits consent orders to be made without the attendance of parties”.
Federal Magistrates Court / “Practitioners frequently inquire whether articled clerks or other unqualified persons can appear in the Federal Magistrates Court. While the court has an inherent discretion over audience, leave to permit unqualified persons is exercised sparingly with the right of appearance generally being restricted to parties and qualified persons. Practitioners should be mindful of the policy reasons behind the general restriction on the right of appearance to parties and qualified persons. Leave must be sought and those matters more likely to be granted leave are requests for permission to file consent minutes and appear in undefended divorce proceedings. However, leave is subject to the discretion of the individual judicial officer and there should be no assumption that leave will be granted in such instances”.

It is the responsibility of the student to seek leave to appear in a listed matter, at least one day in advance of the hearing. The student must also have written confirmation from the Nominated Placement Supervisor, confirming arrangements for the student to appear in court.