PO3 – Draft legal documents and standard legal communications in Business, Finance and Employment, for review by a supervisor

  
Expert Online

4. Occupational Specialist content – Legal Services Assistant

T Levels: 4.1 Legal Services Assistant Business, Finance and Employment

Performance Outcome 1: Assist with the inception, progression and completion of Legal Services in Business, Finance and Employment

What skills do students need to demonstrate? The ability to:

  • identify and explain the relevant finance law, principles and processes which focus on the whole or part of a process and provide accurate information on which to base client advice (E2, E4)
  • offer relevant explanations of the strengths and weaknesses of different options and, where appropriate, advise on the appropriate course of action (E1, E2, E4)
  • draft a written report using audience appropriate language (E1, E3)
  • use appropriate software and digital tools to produce well drafted reports (D1, D3, D5)

S1.8 Describe legal processes in relation to finance in a business context

S1.9 Evaluate a client’s legal problem in relation to finance in a business context

What underpinning knowledge do the students need?

English, maths and digital skills

K5: Finance in a business context

5.1

Understand the basic principles of business finance

  • 5.1.1 Relevant legislation:
    • Financial Services Act 2012
      • Financial Services Act 2021.
  • 5.1.2 Role of the Financial Conduct Authority:
    • protecting consumers
    • promoting competition
      • enhancing market integrity.
  • 5.1.3 The role of financial management:
    • the importance of maintaining accurate financial records:
      –    to record and post financial transactions
      –    to prepare annual returns to the tax authorities
      –    to monitor cash flow
      –    to prepare the annual financial statements
      –    to ensure contractual obligations for payments and receipts are adhered to
      –    to use as evidence of a breach of contract.

E1, E2, E3, E4

D1, D3, D5

5.2

The different ways of financing a business

  • 5.2.1 Methods of financing a business including:
    • access to funds to support the business in relation to the type of business including owner’s personal
    • resources; family and friends; trade credit; overdrafts; term loans; crowdfunding; peer-to-peer lending; leasing; hire purchase; credit purchases; shares; debenture; grants; venture capital; angel investors
    • documents used to access different forms of business finance and the information required from the lender
    • differentiate between bank lending and non-bank lending
    • advantages and disadvantages of different methods of finance.
  • 5.2.2 Security for bank lending:
    • secured and unsecured loans
    • the legal implications for the borrower and the lender of the use of security for a loan
    • types of security used to secure a loan
    • the legal implications of acting as a guarantor for a loan
    • impact of bank loans and overdrafts on book debts  in the statement of financial position; the difference between current and non-current liabilities in respect of a bank overdraft and a bank loan.
  • 5.2.3 The features of different types of bank account:
    • current accounts
    • combined accounts
    • Joint accounts.
  • 5.2.4 Transferring funds and payment systems:
    • BACS
    • CHAPS
    • LINK
    • bank clearing system
    • electronic payment systems including online purchases
    • international money transfers
    • advantages and disadvantages of these systems.
  • 5.2.5 Consumer protection:
    • Consumer Credit Act 1974 (as amended)
    • information provided before entering into a credit agreement
    • content and form of credit agreements
    • method of calculating APR
    • procedures in the event of default and early settlement
    • credit advertising
    • credit card purchases and the liability of credit card providers in relation to the sale of goods and services (s.75)
    • cooling-off periods
    • withdrawal from a credit agreement.

E1, E2, E3, E4

D1, D3, D5

What skills do students need to demonstrate? The ability to:

  • identify and explain the relevant insolvency law, principles and processes which focus on the whole or part of a process and provide accurate information on which to base client advice (E2, E4)
  • offer relevant explanations of the strengths and weaknesses of different options and, where appropriate, advise on the appropriate course of action (E1, E2, E4)
  • draft a written report using audience appropriate language (E1, E3)
  • use appropriate software and digital tools to produce well drafted reports (D1, D3, D5)

S1.10 Describe processes in relation to business insolvency

S1.11 Evaluate a client’s legal problem in relation to business insolvency

What underpinning knowledge do the students need?

English, maths and digital skills

K6: Insolvency in a business context

6.1

Understand the basic principles of business insolvency

  • 6.1.1 Personal financial failure:

    • Individual voluntary arrangements (IVA):

      –    purpose of an IVA
      –    how to apply
      –    rules governing an IVA
      –    situations where applicable.

    • Debt Relief Orders (DROs):

      –    purpose of a DRO
      –    restrictions on using a DRO
      –    application to an adviser
      –    recent activity
      –    debts covered/not covered.

    • Bankruptcy:

      –    purpose of bankruptcy
      –    how bankruptcy functions
      –    role of the receiver
      –    rules governing bankruptcy and situations where applicable
      –    role and function of the Insolvency Service.
      –    relevance of the Insolvency Act 1986.

  • 6.1.2 The consequences of personal financial failure including:

    • loss of valuable possessions
    • public knowledge
    • closure of bank accounts
    • passport impounded
    • effect on credit rating
    • impact on health and wellbeing
    • impact on dependents.
  • 6.1.3 Corporate financial failure:
    • Company Voluntary Agreements (CVA):
      –    functions and purpose
      –    how a CVA operates
      –    advantages and disadvantages.
    • Bankruptcy:
      –    administration
      –    the difference between receivership, administration and bankruptcy
      –    the advantages and disadvantages of receivership, administration and bankruptcy
      –    the purpose of administration
      –    the administration processes
      –    the role, functions and responsibilities of an insolvency administrator.
    • Winding-up:
      –    the implications and purpose of winding up (liquidating a company): selling off assets to pay business debts
      –    voluntary liquidation: agreed by shareholders
      –    compulsory/forced liquidation: application made to the court to liquidate the company
      –    filing final company return with the court
      –    the purpose of administration and the role and responsibilities of the administrators
      –    the winding-up process: appoint an authorised insolvency practitioner; send resolution to Companies House; advertise the resolution in The Gazette.
  • 6.1.4 Consequences of corporate financial failure:
    • insolvent partnerships and the consequences for the partners:
      –    capital loss
      –    preferential vs ordinary shareholding
      –    personal liability (guarantee, fraud, director)
      –    obligations.
  • 6.1.5 Consequences of corporate failure on different stakeholder groups:
    • –    Directors
      –    Shareholders
      –    Employees
      –    Creditors
      –    The local community.

E1, E2, E3, E4

D1, D3, D5

Performance Outcome 2: Carry out legal and factual research and present findings both orally and in writing in Business, Finance and Employment

What skills do students need to demonstrate? The ability to:

  • use research skills to locate, identify and navigate a range of legal and non- legal, primary and secondary sources, both online and text-based (D1, D5)
  • use research skills and digital search tools to make effective use of legal and non-legal databases (E5, D1, D5)
  • use their familiarity with the structure and layout of sources found through research, to identify key elements and support effective research skills (E5, D1, D5)
  • use effective comprehension skills when considering the application of primary sources found through research to scenarios (E2, E4, E5)
  • summarise key information from longer research findings and present them in both writing and orally (E1, E3, E4, E6)
  • use independent research skills to carry out qualitative and quantitative research and produce effective reports which are fully referenced and supported by data where appropriate (E2, E4, E5, M5, M6, D2, D3, D4)
  • use digital skills to access a range of electronic research sources as well as navigating those sources and making effective use of a range of search functions (D1, D5)
  • use appropriate hardware and software to present research findings, either in writing or orally using audience appropriate language (E1, E3, E6, D1, D2, D3)
  • use appropriate software and digital tools to produce well drafted reports (D1, D3, D5)

S2.1 Navigate legal databases

S2.2 Use citation to find and reference research

S2.3 Identify relevant information

S2.4 Review and summarise research findings

S2.5 Identify a client’s legal problem using legislation

S2.6 Carry out legal research using primary and secondary sources

S2.7 Evaluate research findings based on primary and secondary sources

S2.8 Communicate research findings

What underpinning knowledge do students need?

English, maths and digital skills

K7: Researching and Citing Legal Sources

7.1

Understand the basic principles of researching, citing, using and presenting legal and non-legal sources

  • 7.1.1 Researching legal sources:
    • overview of the key legal sources used for civil law, civil justice system, employment law and business, finance and insolvency
    • understand how to accurately search and navigate key online legal sources for both case law (such as BAILII and the UK Supreme Court’s decided cases) and primary and secondary legislation (such as legislation.gov.uk)
    • understand how to make effective use of other digital tools, software and online services such as benefits calculators and legal aid entitlement calculators to research clients’ cases and support accurate advice
    • access and manage data effectively, including the ability to consider trends and utilise comparative data from authoritative sources to inform and support research.
  • 7.1.2 Citing legal sources:
    • understand how to accurately cite legal sources
    • follow agreed conventions in citing case law – party names (order), year of publication, volume number, reference to report series, accepted abbreviations
    • follow agreed conventions in citing legislation – long title, short title, chapter number, contents order: sections, sub-sections, paragraphs, schedules
    • use digital tools to ensure cited sources are up-to-date (case law) or in force (statutes)
    • follow agreed conventions and organise references logically and coherently when citing books (author, title, edition, year and publisher) or journal article (title of journal, title of article, author, year and volume number); or databases (name of database, section of database)
    • make sure academic citations observe relevant referencing conventions such as the Harvard style.
  • 7.1.3 Using legal sources in a research context:
    • select the appropriate sources to reflect the particular purpose including traditional sources (Law Report series, Halsbury’s Statutes, established practitioner texts and academic texts) and digital sources (legal databases, portals, search engines, gateway sites, databases and collections)
    • effectively find, process and scrutinise data when using legal research sources by employing techniques such as wildcards, connectors, field-searching, truncation, phrase enclosure and partial citation
    • analyse research information and data effectively using problem analysis models
    • understand how to validate data in different situations and apply judgement within specific contexts such as checking contemporaneity, accuracy and the degree of authority of a source
    • understand how to evaluate the product of research or apply it to a client’s case, such as, recognising the appropriate source, recognising bias and recognising the distinction between fact and opinion
    • interrogate data sources for specific information and be able to accurately summarise when investigating data trends in independent research tasks
    • demonstrate an understanding of the implications of accessing and processing data through actions which show an appreciation of data security, maintain confidentiality and recognise the importance of keeping an accurate research trail.
  • 7.1.4 Presenting research findings orally and in writing to clients and colleagues:
    • give explanations of your research to others, both orally and in writing, in a clear and unambiguous way taking into account the level of experience of the audience and the purpose of your research
    • organise ideas logically and coherently when presenting research findings in any format
    • express opinions and support these with relevant arguments based on the findings
    • create digital content, develop presentational and multi- media skills and tools when presenting the outcomes of research
    • when giving an oral presentation, speak clearly and confidently, use appropriate grammar and choice of words in oral speech, modulate your voice (tone, register, volume and tempo) as appropriate to the audience and respond appropriately to questions and feedback from colleagues or clients
    • written research findings should give explanations which are clear and unambiguous, use technical language appropriately, organise ideas logically and coherently, uses appropriate grammar, vocabulary, spelling and punctuation.

E1, E2, E3, E4, E5,

M5, M6, D1, D2, D3, D4, D5

7.2

Research tasks will be based on themes drawn from any of the topics in knowledge elements 1 to 6. In addition, the content below may provide themes solely for research tasks

  • 7.2.1 Consumer law in a business-to-business (B2B) context:
    • the Sale of Goods Act 1979 – statutory provisions and decided cases relating to the supply of goods (must be as described (s.13); must be of satisfactory quality (s.14(2); must be fit for purpose (s.14(3)))
    • the Sale of Goods and Services Act 1982 – statutory provisions and decided cases relating to the supply of services (reasonable care and skill (s.13); reasonable consideration (s.15) and reasonable time (s.14)).
  • 7.2.2 Unfair Contract Terms Act 1977 as they relate to B2B:
    • Unfair terms – a business selling goods or services isn’t allowed to exclude liability for: death or injury – under any circumstances; losses or damage caused by negligence – unless to do so is ‘reasonable’; defective or poor-quality goods – unless to do so is ‘reasonable’ – note test of reasonableness.
  • 7.2.3 Excluded Protections for B2B:
    • distance selling protections – the Consumer Contracts Regulations 2013 do not apply to B2B situations so businesses have, for example, no cooling off period
    • Consumer Credit Act 1974 – consumer credit protections apply to sole traders, partnerships and unincorporated associations, but they do not apply to limited companies, limited liability partnerships and individuals of high net worth.

E1, E2, E3, E4, E5

Performance Outcome 3: Draft legal documents and standard legal communications in Business, Finance and Employment, for review by a supervisor

What skills do students need to demonstrate? The ability to:

  • understand the requirements of a range of legal and non-legal forms and complete or partially complete them using precision, accuracy and attention to detail (D1, D2, D3)
  • understand the key characteristics of a range of different documents so that they can be drafted accurately in the appropriate style and format (E1, D1)
  • proofread and check the drafted work of clients and colleagues and accurately identify and correct errors and omissions (D1, D2, D3, D5)
  • understand the purpose and characteristics of a range of legal documents and how to draft them so that they fulfil their purpose using clear, concise, accurate and audience-appropriate language (E1, E2, E3, D1, D3)
  • use a range of software and digital tools in order to draft items in conventional traditional, electronic and multimedia formats and observe required conventions relating to confidentiality, storage, security and data protection (ED1, D2, D3, D5)

S3.1 Draft communication to a client in writing

S3.2 Draft a client notification form

S3.3 Draft an N1 Claim Form

S3.4 Draft an N9B Defence and Counterclaim Form

S3.5 Draft an N20 Witness Summons Form

S3.6 Draft business-related forms (INO1 & MT01/AM01)

S3.7 Interpret and work with legal documentation

S3.8 Communicate accurately and effectively in an audience-appropriate manner

What underpinning knowledge do the students need?

English, maths and digital skills

K8: Drafting Documents and Legal Forms

8.1

Understand the basic principles of drafting a range of commonly used documents and forms

  • 8.1.1 The range of documents and forms:
    • forms and precedents
    • Solicitor’s letters (audience appropriate) including client letters and the characteristics of client care letters
    • reports
    • file notes
    • emails (audience appropriate)
    • research log.

E1, E2, E3 D1, D2, D3, D4, D5

 

  • 8.1.2 Understand how to use standard drafting skills
    • writing effectively:
      –    ensuring the style reflects the type of communication and its purpose. Audiences may include professionals or lay clients, legal colleagues, other professionals, the courts and governmental departments, businesses, third sector charities and advice agencies. Audiences may also be internal or external, formal or informal, original or in response, personal or ghost and may take the forms of a letter, report, email, memo, file note, report, form, template, precedent or article
      –    ensuring the purpose is clear and displays an awareness of the audience
      –    using appropriate layout, conventions and salutations depending on the medium being drafted
      –    using language which is audience appropriate
      –    using technical language correctly where appropriate and avoiding archaic, redundant language, jargon and legalese where it is not appropriate
      –    always use accurate spelling, grammar and punctuation
      –    always check and revise your work and ensure it is clear, concise and meets its purpose and intention
      –    if appropriate, have work proofread to check consistency with workplace practices and house-style
      –    always follow formal referencing and citation conventions as appropriate to the document
      –    organise material coherently considering issues such as chronological order of events or issues and using a categorical order where appropriate
    • presenting information:
      –    present information and ideas clearly
      –    organise ideas and information logically
    • summarise information:
      –    summarising key information from written texts
      –    summarising concisely in a style appropriate to audience and purpose.
  • 8.1.3 Drafting in a digital context:
    • design, create, develop and integrate digital content, using different formats and multi-media making use of their features to:
      –    draft and present information appropriately and effectively employing software tools to control layout, presentation styles, fonts and effects, spelling, grammar and punctuation checkers, find and replace functions as well as functions to allow electronic storage and sharing
      –    use digital tools to review, check and proofread for errors and omissions as well as checking clarity and effectiveness of purpose
      –    process and analyse information and data effectively and securely, using relevant digital tools including a range of online forms and databases and resources which allow secure sharing, transfer and storage (traditional and cloud)

 

 

    • demonstrate understanding of the potential implications, risks, and issues relating to the use of contemporary digital technologies by considering:
      –    data security and data protection (GDPR) obligations
      –    confidentiality to both colleagues and clients
      –    security, filing and storage protocols based on requirements of particular documents (such as wills)
      –    importance of contemporaneity.
  • 8.1.4 Working with key documents, forms and precedents:
    • reports and file notes will be used throughout all content
    • client letters will be based on:
      –    next steps advice on a civil matter, sources of legal advice and funding.
    • forms and precedents will be based on:
      –    a client letter based on civil justice system
      –    a claim notification form
      –    N1 claim form
      –    N9 defence and counterclaim form
      –    N20 witness summons form
      –    two forms based on business (company registration IN01) or insolvency (MT01/AM01).

 

8.2

Drafting activities will be drawn from knowledge elements 2 to 6 as well as the following areas:

  • 8.2.1 Alternative Dispute Resolution:
    • negotiation o mediation o conciliation o arbitration
    • online dispute resolution.
  • 8.2.2 Advice and funding in civil justice:
    • sources of advice:
      –    legal professions – solicitors, barristers, legal executives and paralegals
      –    online
      –    pro-bono schemes
      –    organisations – Citizens Advice, Law Centres, charities
      –    insurance.
    • sources of funding:
      –    public funding (legal aid) – eligibility
      –    private funding
      –    pro-bono
      –    conditional fee agreement
      –    damages based agreements
      –    insurance

E1, E2, E4, E5

D1, D2, D3, D4, D5

Scheme of Assessment – Legal Services Assistant Business, Finance and Employment
There is a single synoptic assessment for this Occupational Specialism, which is an extended project. The synoptic element of the project is important to ensure students can demonstrate threshold competence and are able to evidence all the skills required by the Performance Outcomes.
The project consists of several activities grouped into six substantive tasks.
Each task will be completed during a window set by Pearson, during which Providers will schedule supervised assessment sessions. In some cases, tasks will also involve opportunities for unsupervised activities, where the requirements of the skills being assessed make this necessary.

Occupational Specialism Project – Legal Services Assistant Business, Finance and Employment

Externally assessed project: 16 hours 30 minutes 183 marks

Performance Outcomes
In this project students will:
PO1Assist with the inception, progression and completion of legal services in Business, Finance and Employment
PO2 Carry out legal and factual research and present findings both orally and in writing in Business, Finance and Employment
PO3Draft legal documents and standard legal communications in Business, Finance and Employment, for review by a supervisor

Assessment overview
There are 9 parts to the assessment.

  • Task 1a: Independent Research
  • Task 1b: Communicating Research Findings in Writing
  • Task 1c: Communicating Research Orally
  • Task 2: The law of Tort and Civil Justice System
  • Task 3: Employment Law
  • Task 4: Business, Finance and Insolvency
  • Task 5a: Research with Internet Access
  • Task 5b: Identify and Summarise Research Findings
  • Task 6: Drafting standard legal communication and forms

Students will respond to a given scenario to complete a substantial project. They will be assessed on their application of the skills listed for the Performance Outcomes. Students will not be assessed against specific ‘knowledge’ outcomes but will be expected to draw on and apply related knowledge to ensure appropriate outcomes when applying the skills in response to an assessment scenario.

  • Students will undertake the project under a combination of supervised and controlled conditions.
  • The assessment will take place over multiple sessions, up to a combined duration of 16 hours and 30 minutes.
  • The project outcomes will consist of a portfolio of evidence submitted electronically.
  • This project will be set and marked by Pearson.

Performance Outcomes

Performance Outcome

Weighting

Raw marks

% of total marks

PO1

Assist with the inception, progression and completion of legal services in Business, Finance and Employment

75

41%

PO2

Carry out legal and factual research and present findings both orally and in writing in Business, Finance and Employment

57

31%

PO3

Draft legal documents and standard legal communications in Business, Finance and Employment, for review by a supervisor

51

28%

Resources for the delivery of Legal Services Assistant Business, Finance and Employment
Providers would benefit from a good IT suite with access to Office Software and the internet and for students to have regular access to this.
Teachers should have qualifications and/or experience in the legal services sector and have an awareness of accounting.
Teaching will need to be shared across a curriculum team which together will have the experience and knowledge that spans the breadth of the qualification content and has some experience of teaching to external assessments.
For the Legal Services Assistant Business, Finance and Employment occupational specialism the following resources are required:

Assessment Task

Resource

5a

https://www.bailii.org/form/search_cases.html

5a

https://www.legislation.gov.uk/search


The standard price quoted for this assignment is up to 3000 words. For custom word count and written work, contact via Click here → Whatsapp UK, OR Whatsapp Middle East ← Click here OR Live Chat.
All the details will remain fully ENCRYPTED, SECURED & PRIVATE. Do NOT hesitate to contact us. Thank You.



                             

Email: [email protected]

100% Plagiarism Free & Custom Written, Tailored to your instructions

Our Giveaways

Plagiarism Report

for د.إ50 Free

Formatting

for د.إ32 Free

Title page

for د.إ20 Free

Bibliography

for د.إ36 Free

Outline

for د.إ19 Free

Limitless Amendments

for د.إ38 Free

Get all these features for
د.إ195.00 FREE

ORDER NOW
assignment bank giveaways

Our Ratings