Higher Certificate in Paralegal Studies

Purpose

The purpose of the Higher Certificate in Paralegal Studies is to afford qualifying learners the opportunity to acquire quality education and skills that they will be able to implement within the legal sector. The qualifying learners will have the appropriate knowledge and skillset to successfully bridge the gap of a quality workforce in the legal sector. Paralegals play a vital role in making legal services accessible and affordable to the citizens of the country. By performing essential legal support tasks, they free up attorneys and other legal professionals to dispense their expertise more widely.

Upon completion the qualifying learner will be able to

• Handle a range of legal issues and manage functional areas related to office practice management, civil and criminal litigation processes, debt collection and deceased estate management.
• Adequately demonstrate an understanding of successfully analysing a range of legal issues.
• Identify the best remedy or solution within the realms of the legal sector. Paralegals are integral members of the legal profession in South Africa.

Paralegals are legal support personnel who assist attorneys and other legal professionals in their daily work; what this assistance entails depends entirely on the legal field and the qualifications of the paralegal.

The qualification is intended to develop learners for the legal work and extreme care has been exercised in the development of this qualification. The qualification provides greater career opportunities in the legal office management positions of different functional roles within the legal sector namely; Legal Officer, Paralegal Office Coordinator, Paralegal Assistant and Paralegal Practitioner.

Upon obtaining the qualification, learners should be able to obtain profitable employment throughout South Africa and consequently contribute positively towards the legal sector.

Rationale

A trained and experienced paralegal has excellent career prospects in several different sectors, whether it be in a government agency, housing and real estate business, or a corporate law firm. Therefore, the anticipated growth rate for paralegals is almost double that of lawyers. Paralegals can increase revenue for a law firm, therefore putting them in high demand.

The paralegal industry has changed significantly since the 1970s when being a legal assistant first emerged as a bona fide career. Client demands, economic necessity, and explosive growth have made paralegals a popular career choice, and now more individuals are pursuing careers as paralegals.

Paralegals, are also known as legal assistants and are vital members of the legal profession in South Africa. Paralegals are the quintessential legal support personnel, who assist attorneys and other legal professionals in their daily work. This legal assistance depends entirely on the specialist legal field and the qualifications of the paralegal. Although paralegals handle the holistic work at the legal practice, paralegals do not represent clients in court, and they may not give direct legal advice to any clients. Additionally, the paralegal's daily job consists of a wide range of administrative, research and client-focused tasks and activities.

Paralegal practitioners assist lawyers in the performance of their administrative functions. Certain administrative functions, for example, conveyancing, are performed under the overall supervision of professional conveyancing legal practitioners. Paralegal practitioners often assist lawyers to prepare cases for trial and finalise court papers and relevant legal documentation which frees up a practising legal practitioner to handle various legal matters concurrently.

The occupational choices available for learners who have completed this qualification include

• Being employed as a paralegal in a Law firm.
• Appointed as Sheriffs of the Court.
• Working as a paralegal in Municipalities.
• Being a paralegal in a Law enforcement agency.
• The private owner of paralegal practice.
• Public institution paralegal.
• Working at the credit bureau.
• Working at the offices of the Master of the High Court of SA.

The institution has recognised the need for skilled individuals for the sustainability of the legal industry on a worldwide scale. The qualification is designed to provide learners with the necessary knowledge and skillset to function as qualified employees in the legal Industry. The qualification will provide learners with the necessary legal, office management, financial and communication skills required to thrive in the industry as paralegals and Paralegal Officers. The qualification focuses on a wide range of semi-professional practitioners where a specified level of legal knowledge is a pre-requisite to function well. Learners who complete this qualification are in demand by a wide range of legal and similar organisations. The qualification has been developed to allow learners to capacitate themselves to fill these semi-professional occupations.

The qualification is intended to provide learners with a comprehensive understanding of the fundamental issues in the legal sector currently. It also focusses on the development of key skills required to effectively and successfully work within the fast-paced developing legal sector. The qualification is designed to equip learners with the necessary expertise, confidence and skills to function in the legal sector. Furthermore, the institution facilitates a distance delivery of education, which allows learners to either retain their full-time employment or seek employment complementary to their academic journey, thus contributing positively to the South African economy.

Recognition of Prior Learning (RPL)

The institution recognises the important role that the Recognition of Prior Learning (RPL) plays in ensuring equitable access and participation in Higher Education. In this process, non-formal and/or informal learning are measured, evaluated and checked for equivalence or parity with the formal qualification entry requirements. The RPL assessment process will focus on ways of evaluating a person's knowledge and skills acquired through lifelong learning experiences (formal, non-formal and informal) against a set of pre-determined criteria, in this case, the entry requirements for the qualification. At the institution's discretion, applicants may be required to satisfy all or some of the RPL requirements as stipulated in the institution policy.

Entry Requirements

The minimum entry requirement for this qualification is

• Senior Certificate, NQF Level 4.

Or

• National Senior Certificate, NQF Level 4 granting access to Higher Certificate studies.

Or

• National Certificate (Vocational), NQF Level 4 granting access to Higher Certificate studies.

This qualification consists of the following compulsory modules at National Qualifications Framework Level 5 totalling 120 Credits.

Compulsory Modules, Level 5, 120 Credits

• Office Management for Legal Practices, 20 Credits.
• Criminal Law and Criminal Procedure, 20 Credits.
• Introduction to South African Law, 20 Credits.
• Civil Litigation Process, 20 Credits.
• Debt Collection Process, 20 Credits.
• Wills and Estate Management, 20 Credits.

1. Demonstrate an understanding of the law concerning a specific problem within the South African legal context.
2. Communicate (Oral and Writing) with internal and external clients in a paralegal, corporate or legal workplace.
3. Demonstrate knowledge relevant to the spheres of a paralegal context.
4. Understand legal problem-solving techniques in a paralegal context by working individually and within a team environment.
5. Provide administrative and organisational support in an office environment in a professional manner.
6. Exercise ethical conduct, values and professionalism when dealing with internal staff and external customers and clients.
7. Examine and provide solutions to the legal environment by exploring and applying legal principles.

Associated Assessment Criteria for Exit Level Outcome 1

• Identify relevant facts about a specific legal problem to understand specific legal issues within the South African context.
• Highlight relevant fundamental law applicable to a specific problem to effectively identify and resolve legal issues effectively.
• Explain specific problems from fundamental law to realise the foundational concepts of law.
• Recognise issues which are not in the scope of fundamental law to study relevant legislation, case law and other sources of law.

Associated Assessment Criteria for Exit Level Outcome 2

• Discuss relevant and accurate law are communicated to clients to advise them correctly.
• Describe relevant legal procedures and processes to clients to gain a full understanding of all legal remedies available to them.
• Communicate appropriate legal and paralegal solutions to problems to the client to minimise legal costs and litigation time.
• Provide support and assistance to the principal and/or relevant legal supervisor in the legal sector for them to adequately prepare for legal matters to be heard in court.

Associated Assessment Criteria for Exit Level Outcome 3

• Identify legal problems and related solutions to demonstrate knowledge in various areas of law.
• Provide legal information and support services to all clients timeously to minimise legal cost and litigation time.
• Examine sources of South African law and other selected laws to identify all relevant legal principles.
• Consider legal problems according to the correct legal principles to advice clients of all available legal remedies.
• Assess legal problems to develop an understanding of the correct legal principles which must be applied to resolve challenging legal issues.

Associated Assessment Criteria for Exit Level Outcome 4

• Examine sources of South African law and other selected laws to identify all relevant legal principles.
• Consider legal problems according to the correct legal principles to advice clients of all available legal remedies.
• Assess legal problems to develop an understanding of the correct legal principles which must be applied to resolve challenging legal issues.

Associated Assessment Criteria for Exit Level Outcome 5

• Process payments and invoices according to an organisation's policies and procedures to ensure compliance with all relevant legislation.
• File and maintain records manually and electronically according to the organisation's policies and procedures to facilitate quick and efficient access of the same.
• Implement administrative systems according to the organisation's policies and procedures to access the information timeously and confidentially.

Associated Assessment Criteria for Exit Level Outcome 6

• Understand the concept of accountability and the resultant consequence of such conduct to encourage ethical conduct, values and professionalism.
• Maintain confidentiality of clients at all times to preserve the client's sensitive data from unscrupulous individuals or any malicious acts.
• Demonstrate ethical and professional principles when assisting clients to maintain a legal corporate etiquette.
• Adhere to principles of integrity and honesty so that clients are serviced professionally.

Associated Assessment Criteria for Exit Level Outcome 7

• Examine legal principles and apply to solve problems effectively.
• Investigate legislation and legal procedures and apply to an organisational context to realise its importance.
• Develop and apply legal communication skills to communicate confidently and clearly.

Integrated Assessment

The core purpose of the assessment is for the learner to develop and demonstrate an understanding of key concepts, terms, and theories. These knowledge checks and reflective exercises grant learners additional opportunities to be assessed and get feedback for continuous improvement and therefore carry a 20% weighting each - ultimately enhancing the learning experience and supporting a philosophy of life-long learning. The institution has selected to introduce a project component as the summative assessment which contributes 60% of the final assessment weighting that will allow learners to synthesise their experiences and knowledge and apply these to practical scenarios.

The scheme of work includes assignments based on the learning material and learners are given feedback. The process is continuous and focuses on smaller sections of the work and a limited number of outcomes.

The formative assessment consists of knowledge checks, reflective assessments and learning community assessment. Assessment methods such as a research essay or portfolio to determine a representative selection of the outcomes practised and assessed in the formative stage.

The summative assessment also tests the learner's ability to manage and integrate a large body of knowledge to achieve the stated outcomes of a module. Summative assessment consists of projects, pen/paper exam and portfolio of evidence. Knowledge checks may comprise of matching columns, multiple-choice questions, true and false and drag and drop assessment methods. Reflective assessments may consist of a short essay, long essay/case studies and posting comments/peer review. Synoptic assessment may consist of projects, pen/paper exam and portfolio of evidence.