| Ten lawyering skills and four values, as identified in the 1992 Report of the ABA's Task Force on Law Schools and the Profession (commonly known as the MacCrate Report), are fundamental for all members of the legal profession. Each skill and value has two or more components. The ten fundamental lawyering skills:
(1) Problem solving
(2) Legal analysis
(3) Legal research
(4) Factual investigation
(5) Communication
(6) Counselling
(7) Negotiation
(8) Litigation and alternative dispute resolution
(9) Organizational, administrative and time management skills
(10) Recognizing and resolving ethical dilemmas. The four fundamental values of the legal profession:
(1) Competent representation
(2) Striving for justice
(3) Striving to improve the profession
(4) Professional self-development. Skill § 1: Problem Solving
In order to develop and evaluate strategies for solving a problem or accomplishing an objective, a lawyer should be familiar with the skills and concepts involved in: 1.1 Identifying and Diagnosing the Problem;
1.2 Generating Alternative Solutions and Strategies;
1.3 Developing a Plan of Action;
1.4 Implementing the Plan;
1.5 Keeping the Planning Process Open to New Information and New Ideas. Skill § 2: Legal Analysis
In order to analyze and apply legal rules and principles, a lawyer should be familiar with the skills and concepts involved in: 2.1 Identifying and Formulating Legal Issues;
2.2 Formulating Relevant Legal Theories;
2.3 Elaborating Legal Theory;
2.4 Evaluating Legal Theory;
2.5 Criticizing and Synthesizing Legal Argumentation. Skill § 3: Legal Research
In order to identify legal issues and to research them thoroughly and efficiently, a lawyer should have: 3.1 Knowledge of the Nature of Legal Rules and Institutions;
3.2 Knowledge of and Ability to Use the Most Fundamental Tools of Legal Research;
3.3 Understanding of the Process of Devising and Implementing a Coherent and Effective Research Design.
Skill § 4: Factual Investigation
In order to plan, direct, and (where applicable) participate in factual investigation, a lawyer should be familiar with the skills and concepts involved in: 4.1 Determining the Need for Factual Investigation;
4.2 Planning a Factual Investigation;
4.3 Implementing the Investigative Strategy;
4.4 Memorializing and Organizing Information in an Accessible Form;
4.5 Deciding Whether to Conclude the Process of Fact-Gathering;
4.6 Evaluating the Information That Has Been Gathered. Skill § 5: Communication
In order to communicate effectively, whether orally or in writing, a lawyer should be familiar with the skills and concepts involved in: 5.1 Assessing the Perspective of the Recipient of the Communication;
5.2 Using Effective Methods of Communication. Skill § 6: Counselling
In order to counsel clients about decisions or courses of action, a lawyer should be familiar with the skills and concepts involved in: 6.1 Establishing a Counseling Relationship That Respects the Nature and Bounds of a Lawyer's Role;
6.2 Gathering Information Relevant to the Decision to Be Made;
6.3 Analyzing the Decision to Be Made;
6.4 Counseling the Client About the Decision to Be Made;
6.5 Ascertaining and Implementing the Client's Decision. Skill § 7: Negotiation
In order to negotiate in either a dispute-resolution or transactional context, a lawyer should be familiar with the skills and concepts involved in: 7.1 Preparing for Negotiation;
7.2 Conducting a Negotiation Session;
7.3 Counseling the Client About the Terms Obtained From the Other Side in the Negotiation and Implementing the Client's Decision. Skill § 8: Litigation and Alternative Dispute Resolution
In order to employ-or to advise a client about-the options of litigation and alternative dispute resolution, a lawyer should understand the potential functions and consequences of these processes and should have a working knowledge of the fundamentals of: 8.1 Litigation at the Trial-Court Level;
8.2 Litigation at the Appellate Level;
8.3 Advocacy in Administrative and Executive Forums;
8.4 Proceedings in Other Dispute-Resolution Forums.
Skill § 9: Administrative Skills Necessary to Organize and Manage Legal Work
In order to practice effectively, a lawyer should be familiar with the skills and concepts required for efficient management, including: 9.1 Formulating Goals and Principles for Effective Practice Management;
9.2 Developing Systems and Procedures to Ensure that Time, Effort, and Resources Are Allocated Efficiently;
9.3 Developing Systems and Procedures to Ensure that Work is Performed and Completed at the Appropriate Time;
9.4 Developing Systems and Procedures for Effectively Working with Other People;
9.5 Developing Systems and Procedures for Efficiently Administering a Law Office.
Skill § 10: Recognizing and Resolving Ethical Dilemmas
In order to represent a client consistently with applicable ethical standards, a lawyer should be familiar with: 10.1 The Nature and Sources of Ethical Standards;
10.2 The Means by Which Ethical Standards are Enforced;
10.3 The Processes for Recognizing and Resolving Ethical Dilemmas.
Value § 1 Competent Representation
As a member of a profession dedicated to the service of clients, a lawyer should be committed to the values of: 1.1 Attaining a Level of Competence in One's Own Field of Practice;
1.2 Maintaining a Level of Competence in One's Own Field of Practice;
1.3 Representing Clients in a Competent Manner. Value § 2 Striving for Justice
As a member of a profession that bears special responsibilities for the quality of justice, a lawyer should be committed to the values of: 2.1 Promoting Justice, Fairness, and Morality in One's Own Daily Practice;
2.2 Contributing to the Profession's Fulfillment of its Responsibility to Ensure that Adequate Legal Services Are Provided to Those Who Cannot Afford to Pay for Them;
2.3 Contributing to the Profession's Fulfillment of its Responsibility to Enhance the Capacity of Law and Legal Institutions to Do Justice.
Value § 3 Striving to Improve the Profession
As a member of a self-governing profession, a lawyer should be committed to the values of: 3.1 Participating in Activities Designed to Improve the Profession;
3.2 Assisting in the Training and Preparation of New Lawyers;
3.3 Striving to Rid the Profession of Bias Based on Race, Religion, Ethnic Origin, Gender, Sexual Orientation, or Disability, and to Rectify the Effects of These Biases. Value § 4 Professional Self-Development
As a member of a learned profession, a lawyer should be committed to the values of: 4.1 Seeking Out and Taking Advantage of Opportunities to Increase His or Her Knowledge and Improve His or Her Skills;
4.2 Selecting and Maintaining Employment That Will Allow the Lawyer to Develop As a Professional and to Pursue His or Her Professional and Personal Goals.
Brought to you by: Lawyer Asad
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