-SQA-SCOTTISH QUALIFICATIONS AUTHORITY HIGHER NATIONAL UNIT SPECIFICATION GENERAL INFORMATION. -Unit number Session FEBRUARY 1998

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1 -SQA-SCOTTISH QUALIFICATIONS AUTHORITY HIGHER NATIONAL UNIT SPECIFICATION GENERAL INFORMATION -Unit number Session Unit title- -Superclass category- -Date of publication- (month and year) -Originating centre for unit- LEGAL SECRETARIAL PRACTICE AZ FEBRUARY 1998 SQA GENERAL COMPETENCE FOR UNIT: Explaining the role and function of the legal secretary and paralegal in legal practice in Scotland. OUTCOMES 1. explain the basic structure and jurisdiction of civil and criminal courts in Scotland; 2. explain the role and function of Legal Practitioners in the Scottish legal system; 3. produce a range of legal documentation; CREDIT VALUE: 1 HN Credit ACCESS STATEMENT: Access to this unit is at the discretion of the centre. No prior experience of law is required. However, it would be helpful if the candidate had a high degree of competence in communication and word processing skills. This may be evidenced by possession of the NC Module Communication 4 and NC Module Word Processing 5 (Legal) For further information contact: Committee and Administration Unit, SQA, Hanover House, 24 Douglas Street, Glasgow G2 7NQ. Additional copies of this unit may be purchased from SQA (Sales and Despatch section). At the time of publication, the cost is 1.50 (minimum order ( 5.00).

2 HIGHER NATIONAL UNIT SPECIFICATION STATEMENT OF STANDARDS UNIT NUMBER: UNIT TITLE: LEGAL SECRETARIAL PRACTICE Acceptable performance in this unit will be the satisfactory achievement of the standards set out in this part of the specification. All sections of the statement of standards are mandatory and cannot be altered without reference to SQA. OUTCOME 1. EXPLAIN THE BASIC STRUCTURE AND JURISDICTION OF CIVIL AND CRIMINAL COURTS IN SCOTLAND PERFORMANCE CRITERIA (a) (b) (c) (d) The Civil Courts in Scotland are outlined clearly in terms of their jurisdiction and structure. The Criminal Courts in Scotland are outlined clearly in terms of their jurisdiction and structure. The distinction made between prosecution and litigation is clear. The distinction made between summary and solemn jurisdiction is clear. RANGE STATEMENT Civil courts: Sheriff Court; Court of Session; House of Lords; Criminal courts: District Court; Sheriff Court; High Court of Judiciary. EVIDENCE REQUIREMENTS Written and/or oral evidence which satisfies all the performance criteria and the range statement. 2

3 OUTCOME 2. EXPLAIN THE ROLE AND FUNCTION OF LEGAL PRACTITIONERS IN THE SCOTTISH LEGAL SYSTEM PERFORMANCE CRITERIA (a) (b) (c) (d) The roles of solicitors, advocates and solicitor advocates are clearly explained. The roles of other relevant legal personnel are clearly described. The functions of the Scottish Courts Administration are clearly explained. The role of the Scottish Legal Aid Board is clearly explained. RANGE STATEMENT Relevant legal personnel: licensed conveyancers; executry practitioners; Crown officials; investigating officers; faculty clerks. EVIDENCE REQUIREMENTS Written and/or oral evidence which satisfies the performance criteria and the range statement. For PC(b), a brief description only is required of the personnel listed in the range statement and of the functions they carry out. OUTCOME 3. PRODUCE A RANGE OF LEGAL DOCUMENTATION PERFORMANCE CRITERIA (a) (b) (c) Commonly used civil and criminal documentation are correctly identified. The legal documentation relevant to particular legal processes is produced timeously and error free. The security and confidentiality of legal information is maintained. RANGE STATEMENT Civil documentation : summons; initial writ; standard proforma. Criminal documentation: complaint; indictment standard proforma. 3

4 EVIDENCE REQUIREMENTS In respect of PC(b), the candidate will meet the performance criteria by correctly completing one sample of a civil legal aid form, one sample of a criminal legal aid form and three types of typical litigation, conveyancing, executry or criminal documentation, one item of which involves a continuation page. MERIT AWARD OF PASS A candidate who achieves all performance criteria for all outcomes will be awarded a Pass in the Unit. AWARD OF PASS WITH MERIT Pass with Merit may be awarded to a candidate who has successfully achieved all outcomes and in so doing has consistently demonstrated superior performance when, for example: (a) (b) (c) using time and resources; coping with situations requiring initiative and/or integrative approach; demonstrating self-motivation and capability to work independently ASSESSMENT In order to achieve this unit, candidates are required to present sufficient evidence that they have met all the performance criteria for each outcome within the range specified. Details of these requirements are given for each outcome. The assessment instruments used should follow the general guidance offered by the SQA assessment model and an integrative approach to assessment is encouraged. (See references at the end of support notes). Accurate records should be made of the assessment instruments used showing how evidence is generated for each outcome and giving marking schemes and/or checklists, etc. Records of candidates achievements should be kept. These records will be available for external verification. SPECIAL NEEDS Proposals to modify outcomes, range statements or agreed assessment arrangements should be discussed in the first place with the external verifier. 4

5 Copyright SQA 1998 Please note that this publication may be reproduced in whole or in part for educational purposes provided that: (i) (ii) no profit is derived from the reproduction; if reproduced in part, the source is acknowledged. 5

6 HIGHER NATIONAL UNIT SPECIFICATION SUPPORT NOTES UNIT NUMBER: UNIT TITLE: LEGAL SECRETARIAL PRACTICE SUPPORT NOTES: This part of the unit specification is offered as guidance. None of the sections of the support notes is mandatory. NOTIONAL DESIGN LENGTH: SQA allocates a notional design length to a unit on the basis of time estimated for achievement of the stated standards by a candidate whose starting point is as described in the access statement. The notional design length for this unit is 40 hours. The use of notional design length for programme design and timetabling is advisory only. PURPOSE The purpose of the descriptor is to familiarise legal secretaries, administrators and paralegals with the principal civil and criminal processes operative in Scotland and with the principal documentation which accompanies these processes. The intention is to provide them with an overall view of how the legal system works and how it impacts on a legal office in terms of the personnel, processes and standard documentation involved. CONTENT/CONTEXT Given that the notional length of this unit is 40 hours, a detailed explanation on the part of the tutor of the civil criminal processes impacting on a typical legal office will not be possible. However, a general overview of the main features of the Scottish legal system, the personnel with whom a paralegal will deal, and of the kind of legal documentation which a paralegal is likely to encounter should be a feasible undertaking. In Outcome 1, the emphasis is on Scottish Court structures and the content/context of this Outcome should be explained from the point of view of enabling candidates to find their general bearings. This is not to suggest that the paralegal is always necessarily involved in court structures and processes. On the contrary, the tutor/trainer might use the opportunity to explain that much of a paralegal s work may not in fact impinge on court processes at all. For example, a claim for reparation for an industrial accident may be settled before any question of litigation arises. In any event, it would be useful if the tutor/trainer did explain how and when court processes begin to take effect. Regarding the European Court of Justice and the Court of First Instance, Tribunals, Courts of Special Jurisdiction and Criminal Compensation, the tutor/trainer ought to mention these or provide notes on them but, given the fact that the unit is a 40 hour unit, they should not be assessable. However, the tutor/trainer might find it useful to let candidates have sight of, for example, Industrial Tribunal documentation. As for Outcome 2, it is important that the tutor/trainer delivers and trains from the paralegal s not the lawyer s point of view. For example, in terms of personnel, 6

7 one would expect the tutor to mention, apart from the specific roles outlined in Outcome 2, the personnel and functions of the Sheriff Clerk s Office and the Register of Sasines, ie the kind of officials with whom a paralegal is likely to deal on a reasonably regular basis. Investigating Officers, previously referred to as Precognition Agents, and Faculty Clerks have been mentioned in the range in so far as paralegals are increasingly asked to undertake precognitions and, regarding the giving of instructions and fees, deal with Faculty Clerks. By Crown Officials one means in this instance the personnel of the Crown Office and the Procurator s Office. However, it is not intended that the tutor/trainer devote too much time to such personnel or make too much of them in an assessment. It suffices that candidates undertaking the unit know who these people are and broadly what they do, no more. Similarly with the Scottish Legal Aid Board. It should be looked at from the paralegal s point of view, regarding the documentation necessary to apply for assistance and aid and the nature and extent of the communication necessary between the Board s officials and legal office personnel. Tutors/trainers will have to be alert to the implementation of any changes being proposed by the Government with regard to substituting some aspects of legal aid with the proposed no win, no fee principal. Outcome 3 is an important Outcome and perhaps the most time-consuming. It assumes that the tutor/trainer will furnish candidates with up-to-date civil and criminal proforma documents. Given the sheer volume of documentation, the tutor/trainer will have to exercise a lot of discretion as to which documents and processes to include and which to leave out. However, in so far as the tutor s/trainer s task is to situate the documentation in order and context, a sample process might be considered in chronological order, e.g. the principal steps and documentation involved from a complaint or an indictment through to sentencing, or the principal documents involved in completing the purchase of a house satisfactorily. Indeed, the tutor/trainer might wish to introduce some documentation in Outcome 1. Outcome 1 PC(c) invites a comparison between the documents initiating civil and criminal processes while Outcome 1 PC(d) would presume sight of a complaint as distinct from an indictment. Otherwise, no-one wishes to be too prescriptive here. Accordingly the Evidence Requirements afford both tutors/trainers and candidates a considerable degree of latitude in their selection of appropriate documentation. Outcome 3 PC (a) does not require the candidate to complete a process litigation documentation or criminal documentation, only to identify key litigation or criminal documentation. Outcome 3 PC (b), gives an either/or situation, the candidate is not expected to process the documentation relating to all legal processes. The candidate could produce three types of document relating to a single legal process or a combination of documents relating to different processes. 7

8 APPROACHES TO GENERATING EVIDENCE Tutors/trainers will have their own ideas regarding the generation of evidence for this unit. However, they might wish to consider the development of a legal documentation folio on the part of the candidates as integral to generating evidence of satisfactory performance. Besides, the folio will be of use to candidates once they have passed the unit and have secured a job or are seeking a job. A well maintained and well organised folio which contains sections of completed or blank proforma documentation relevant to different legal processes along with their class notes enables them to meet the performance the unit demands, particularly Outcome 3. For these reasons the tutor/trainer might wish to make the satisfactory production of such a folio as part of the assessment process. ASSESSMENT PROCEDURES Given that this unit has a particular perspective, ie, that of the paralegal, and given that court structures and jurisdiction are contained in one outcome, it is unlikely that tutors/trainer will be able to borrow assessments from other law units without substantial amendments. Moreover, the unit does emphasise processes, procedures and documentation and this substantially affects the composition of assessments, In this latter respect, it is anticipated that all assessments will be open-book and that where folios have been developed these will be available to candidates. It is critical that candidates are able to provide evidence in an assessment as to when, how and why certain proforma documentation is produced. Internal and External Verifiers will have regard to the proforma and standard documentation used by candidates. Otherwise, tutors/trainers are advised to follow their own assessment strategy. REFERENCES 1. Guide to unit writing. 2. For a fuller discussion on assessment issues, please refer to SQA s Guide to Assessment. 3. Information for centres on SQA s operating procedures is contained in SQA s Guide to Procedures. 4. For details of other SQA publications, please consult SQA s publications list. Copyright SQA 1998 Please note that this publication may be reproduced in whole or in part for educational purposes provided that: (i) (ii) no profit is derived from the reproduction; if reproduced in part, the source is acknowledged. 8