9Being aware of

9 Being aware of the importance of pro bono contributions • recognised the importance of pro bono contributions to legal practice • identified various means whereby lawyers may provide pro bono contributions • where necessary, used resources provided by professional or community organisations to facilitate pro bono contributions • identified when a client with insufficient resources may be entitled to legal aid, or assistance from professional or community organisations Explanatory notes The purpose of this standard is to assist entry level lawyers to adopt ethical habits in legal practice to ensure that they effectively and appropriately discharge their obligations to the court, to the legal profession and to clients by: • acting ethically; and • observing general and statutory law relating to the duties and obligations of legal practitioners; and • observing written and unwritten rules of professional conduct; and • observing written and unwritten rules of professional courtesy. In the Performance criteria for Element 3, "duty or obligation" includes the following duties and obligations: • of confidentiality; • to maintain competence; • to act honestly; • not to mislead the court; • not to pervert the course of justice or the due administration of justice.

Schedule 4 Legal Profession Admission Rules 2007 47 In Element 6, "conflicts of interest" include conflicts between the following: • joint venture partners; • directors and shareholders of a company; • trustees and beneficiaries in a family trust; • parties to any transaction where the interests of the parties may differ. 5.9 Family Law Practice Descriptor: An entry level lawyer who practises in family law should be able to: (a) advise and take action in relation to parenting matters, property settlements, spouse maintenance and child support problems; and (b) identify appropriate dispute-resolution processes for such matters, in the light of the client's circumstances and concerns; and (c) advise clients on pre-action procedures. Element Performance criteria The applicant has competently: 1 Advising on matters relating to children and property • elicited information necessary to identify the client's options • informed the client of all relevant available options, in a way that a reasonable client could understand • identified any pre-action procedures that apply to the matter • taken any steps necessary to enable the client to obtain access to those procedures 2 Representing a client in matters relating to children and property • prepared, or been involved in preparing, or observed the preparation of, either an application for interim, final or consent orders relating to a matter concerning children or property, or a response to such an application • pursued, or been involved in the pursuit of, the case in accordance with good practice for the chosen dispute resolution process

Schedule 4 Legal Profession Admission Rules 2007 48 • identified and explained, or been involved in identifying and explaining, to the client the revenue implications of any proposed settlement • documented and acted upon, or been involved in documenting and acting upon, any results of the chosen dispute resolution process, in accordance with law and good practice Explanatory notes This competency standard applies to children and property matters arising from the breakdown of marriages or other domestic relationships, rather than the dissolution of marriage. It includes the following: • responsibility for parenting, including residence of and contact with, children; • property settlements; • spouse maintenance; • child support; • domestic violence orders; • injunctions and sole-use orders; • de facto proceedings. 5.10 Lawyer's Skills Descriptor: An entry level lawyer should be able to demonstrate oral communication, legal interviewing, advocacy, negotiation, dispute resolution, letter writing and drafting skills. Element Performance criteria The applicant has competently: 1 Communicating effectively • identified the purpose of a proposed communication, the most effective way of making it, 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 they are made