JordanFurlong + competence   23

a sandbox for legal education – ALT JD
If we accept this as true, then what is the import for legal education? For surely, if what lawyers do and how we do it is changing, then how we educate and train new lawyers should change. Many people have been discussing this for quite a while. Consider Thomas D. Morgan’s proposal that the ABA’s law school reform efforts in 2011 “must necessarily begin — at least implicitly — with the question of what kind of people law schools are charged with producing.”[1] This question remains at the heart of any inquiry into legal education.

I recently joined the working group for the Delta Competency Model[2], which seeks to describe the core competencies required to be a successful modern legal practitioner: this is the kind of person law schools are charged to produce. Comprised of three primary competency areas — the law, personal effectiveness, and business and operations — the model offers an agile and dynamic framework for describing the skills and characteristics today and tomorrow’s lawyers — and legal professionals generally — need to thrive.

My proposal is simple: we need a new flavor of legal education with a curriculum designed to teach these competencies. This must happen in the immediate future, and it must be a path to both a legal practice (as a licensed lawyer) as well as positions that do not necessarily require bar passage and licensure, such as legal operations engineer, legal designer, legal process architect, and many more positions that will be needed and do not yet exist.
competence  training 
may 2019 by JordanFurlong
The Skills Gap Part 1: What Competencies will Lawyers Need to Stay Relevant in the Future? | Rainmaking Oasis, LLC
In our efforts to develop a better way to define the range of competencies needed, we came across The Delta Model that was initially developed by a team spearheaded by Dan Linna, a professor at Northwestern Pritzker School of Law and was joined by Alyson Carrel and Jesse Bowman (also of Northwestern,) Shellie Reid of Northern Virginia Legal Services and Jordan Galvin of Mayer Brown, Knowledge Management.  After conducting additional research and with added insights from Caitlin Moon of Vanderbilt Law School, Gabriel Teninbaum at Suffolk Law School and Natalie Runyon of Thompson Reutter, the group released its Delta Model 2.0 in March 2019. One of their primary findings was that Personal Effectiveness skills are the most important lawyer competencies. The Delta Model model breaks lawyer competencies into three buckets:
competence  training  admission  skills  talent 
may 2019 by JordanFurlong
Junior Lawyers Are Going Extinct And Nobody Knows What To Do About It | Above the Law
Professor John Flood of Griffith University in Queensland, Australia also sees this danger. In a new academic paper titled, “Legal Professionals of the Future: Their Ethos, Role and Skills,” he writes:

The effect of automation here could be dramatic in that if junior associates were to be gradually culled from firms, the entire reproduction of the legal profession could be jeopardised since law firms are structured around associates being promoted to partnership…

Exactly. Sooner rather than later, firms are going to slow their junior hiring and focus on a narrower range of candidates. Unfortunately, the path to building a great lawyer is a pyramid scheme and it’s harder to guarantee good results when there are less bodies in the system getting tested for their professional acumen.

Moreover, screwing up the most basic tasks is a critical part of becoming a well-seasoned attorney. What happens when we lose those tasks to throw at a first-year? What replaces that hands-on education?

Legal Cheek cites a Law Society study that estimates:

Over the longer term, the number of jobs in the legal services sector will be increasingly affected by automation of legal services functions. This could mean that by 2038 total employment in the sector could be 20% less than it would otherwise have been, with a loss of 78,000 jobs — equal to 67,000 full-time equivalent jobs — compared to if productivity growth continued at its current rate.

Gloom and doom over unemployment is usually misplaced. Jobs tend to just get shifted — more firm lawyers become freelance attorneys or join non-traditional legal services companies, for example. But if the training regime for young lawyers isn’t addressed, the population of competent attorneys to fill these new gigs will simply dry up.

Firms and law schools need to start taking this challenge seriously because life comes at you fast, and the profession could face its existential crisis sooner than folks realize.
firms  laterals  training  competence  schools 
january 2019 by JordanFurlong
The “Delta” Lawyer Competency Model Discovered through LegalRnD Workshop
Our Hypothesis: We believe that a new delta-shaped model of lawyer competence, combining currently available research literature and anecdata, will more comprehensively reflect the diverse skills, attitudes and knowledge lawyers need to reach the highest level of client satisfaction.


Alyson Carrel

The delta model of lawyer competence combines the competencies identified by Bill Henderson, David Wilkins, Alli Gerkman, Amani Smathers, Andrea Schneider, and Jim Lupo, to highlight the need not only for T-shaped lawyers, but also for lawyers with high-character quotients, emotional intelligence, leadership and collaborative problem-solving skills.

Our design of the “delta” model started with the foundation-level, widely accepted as “lawyering” skills already taught in law schools as the base of the triangle. These are the foundational skills that are table stakes for any lawyer passing the bar exam and practicing law.


We developed the right side of the triangle with the well- documented skills that were identified at the top of the “T” shaped model, which include design and e-discovery, project management and analytics, and business tools and technology. We sought to build off the existing models developed by legal community peers rather than try to “re-invent the wheel.”


Shellie Reid

For the left side of the triangle, we chose to include the personal effectiveness competencies because they are indeed required for upward advancement in the legal industry. Moreover, we saw the personal effectiveness skills and the process, data and technology skills being equally important for a successful 21st century lawyer.
admission  schools  competence  skills  talent  EQ 
june 2018 by JordanFurlong
Will Ontario overhaul its licensing system? | PrecedentJD : PrecedentJD
Within the first few pages of the report, it becomes abundantly clear why we have to debate — yet again — the future of legal training: the province still has an articling crisis. It’s no secret that, in recent years, the number of law-school graduates seeking an articling position has soared. Over the past decade, first-year enrollment at Ontario law schools has risen from 1,234 to 1,549. During that same period, the number of international students who’ve had their law degrees accredited in Canada has skyrocketed from 200 to 900. The job market has not kept up with this demand. “There continue to be between 200-300 candidates who have not been successful in their search for an articling position by August or September each year,” the report concludes. “A permanent shortage of articling positions now exists.”

Hold on a minute. Didn’t the Law Society create the Law Practice Program to solve this exact problem? Indeed it did. So if a candidate strikes out in the articling job market, can’t she simply head off to Ryerson? Absolutely.

The problem is, as the report points out, “enrollment in the program has been more modest than was anticipated.” When the Law Society launched the LPP, it expected about 400 candidates to sign up each year. But enrollment, over the past four years, has hovered around 235.

The bottom line: the current licensing system is still not working. And so, it’s no surprise that the Law Society is considering more reform. Below, we break down the four options up for discussion.
admission  articlieng  competence 
june 2018 by JordanFurlong
Unbundling Legal Services Could Open the Door to Innovation
Many clients already fail to receive adequate legal services despite licensing requirements. According to Winston and Karpilow, part of the problem is that state bar associations focus on prosecuting unauthorized practice of law rather than incompetent practice of law—even when the latter holds a more tangible potential to harm clients.
upl  competence  access  regulation 
june 2016 by JordanFurlong
Lawyer Watch | Research and Commentary on the Legal Professions from Richard Moorhead
My response concentrates on the main issue of concern that I have with the SRA’s proposals and in particular the relationship between the proposals, undergraduate legal education and hopes for an innovative, adaptable, high quality legal profession.  That issue can be stated in this way: when the SRA now approaches all its regulatory policy with an emphasis on minimal/proportionate regulation as a necessary precursor to the benefits of innovation, why is the SRA making proposals which will have the effect of dramatically overregulating legal undergraduate education, with a particular likelihood of inhibiting, rather than promoting, innovation?
competence  training  admission 
march 2016 by JordanFurlong
SRA proposes final 'super-exam' at point of qualification | News | Lawyer 2B
“You might be able to take the knowledge test while you were still at university,” Brannan said. However, “the skills test would be set at the point of qualification, so at the standard that people normally reach at the the end of the two-year training contract, not at the end of the LPC.”

Is this like the old Law Society final exam that existed before the LPC?

“It is absolutely not a return to Law Society finals days – a test I did myself,” Brannan said. “It’s not about rote learning, it’s about testing that all qualifying solicitors have the competencies that we’ve set out in the competency statement.”

“So far as knowledge is concerned, it’s not about memorising knowledge, it’s ensuring that intending solicitors can use legal knowledge effectively to address their clients’ problems, and it will include proper rigorous assessment of skills, which Law Society finals did not do.

“Times have moved on: we know from medical education in the context of qualifying doctors that these sort of skills-based assessme
competence  admissions  schools 
december 2015 by JordanFurlong
[no title]
Have We Gone TFARR, or Not Far
Enough? The Search for Lawyer
Competence Standards
jf  competence 
november 2015 by JordanFurlong
Empirical Research on the Core Competencies Needed to Practice Law: What Do Clients, New Lawyers, and Legal Employers Tell Us? by Neil W. Hamilton :: SSRN
Key stakeholders in legal services, legal education, and the professional regulation of lawyers are asking the following question: What are the core competencies needed for a new lawyer to practice law effectively and successfully? Since the focus of professions like law, medicine, the clergy, and the professorate is to provide assistance at a high level of commitment and professional competence to the person served (client, patient, parishioner, and student), a good place to start in answering this question would be to examine empirical research on what core competencies are needed by the person served. This article summarizes some of the empirical data available to answer this question.
competence  schools  admission  training  firms 
november 2015 by JordanFurlong
The CPD hour is dead. Long live CPD!
‘Compliance’, in this context, means being able to evidence use of the statement as a guide to identify and address learning needs. It is to be used to assess whether the individual, and ultimately the whole firm, is in a position to provide a proper standard of service.
cle  competence  training 
november 2015 by JordanFurlong
Coaching Competence – Slaw
But, what if we took the concept of coaching to the next level? What if we started to think of coaching competence as a key regulatory function of Canadian law societies rather than simply the domain of private professional coaches?
competence 
october 2015 by JordanFurlong
National Admission Standards - Federation of Law Societies of Canada
Only individuals who follow a rigorous training program and demonstrate their suitability to serve the public with a high level of competence, are eligible to join Canada’s legal profession and be licensed by a Canadian law society to practise law.
Because Canada’s national mobility regime requires each law society to recognize the credentials of members of the legal profession wherever they were initially licensed to practise law in Canada, the Federation of Law Societies of Canada is leading initiatives to ensure that admission standards are consistent across the country.
National Competency and Good Character Standards
Law societies are mandated by provincial and territorial statutes to regulate members of the legal profession in the public interest. The licensing of members of the profession is a key component of that responsibility.
competence  admissions  training  regulation 
august 2015 by JordanFurlong
Law School Cafe » Student Choice
Some law school deans have objected to the proposal on the ground that it will “limit the flexibility and self-determination of individual students in studying law, and in planning diverse careers.” That objection is misguided. The California proposal will increase student options by pressing law schools to teach more of the courses that students want and need.
Diverse Offerings
If the California proposal is adopted, it will allow students to fulfill their practice-based work in any doctrinal field. Schools can design courses focused on tax practice, securities regulation, environmental work, or any other subject that might attract law students. The courses m
competence  admissions  training  regulation 
august 2015 by JordanFurlong
Practical-Skills Plan Divides Law School Association | National Law Journal
Whether the State Bar of California’s plan to require new attorneys to complete at least 15-credits of practical skills courses in law school is unduly restrictive or a needed step to ensure they have some real-world competencies depends on whom you ask—even within the same organization.
competence  admissions  training  regulation 
august 2015 by JordanFurlong
[no title]
STATE BAR OF CALIFORNIA
TASK FORCE ON ADMISSIONS REGULATION
REFORM:
PHASE II FINAL REPORT
competence  training  admission  regulation 
august 2015 by JordanFurlong
Licensed vs. Competent
How does the general public know which lawyers are competent now? A lawyer is presumed competent if she has a law license. A new lawyer with zero experience in child protection law can take just such a case. It’s possible that lawyer might face discipline after she botches the case, but does that help the client she failed? Does her discipline protect the public from the next new lawyer?
competence  training  admission  regulation 
august 2015 by JordanFurlong
SRA | Training for Tomorrow | Solicitors Regulation Authority
It's essential that people who provide legal services are competent and professional. We are developing a new competence framework for the qualification of solicitors. It will give the public confidence that the lawyers of the future will meet high standards of professionalism and ethics, but will also be flexible enough to work effectively in today's diverse and rapidly changing legal market.
competence  training  admission  regulation 
august 2015 by JordanFurlong
Solicitors to require mandatory ‘statement of competence’ | News | Law Society Gazette
The overall benchmark has three sections: the statement itself, the statement of knowledge and the threshold standard. It will be published on the SRA website in early April, at the same time solicitors are able to move to the new approach to continuing competence.

The new approach will be compulsory for all new and existing solicitors from November 2016.

The competence statement itself will be made up of four elements: ethics professionalism and judgement; technical legal practice; working with other people; and 'managing themselves and their own work'.

The final category introduces the concept of applying good business practice, including demonstrating an adequate understanding of the financial context in which solicitors are working and managing available resources efficiently.

Martin Coleman, chair of the SRA’s education and training committee, said: ‘The competence statement gives important guidance to solicitors on the standards they are expected to meet. 
training  cle  competence  innovation 
march 2015 by JordanFurlong
The Legal Whiteboard: Empirical Evidence of Competencies Necessary for Advancement in Law Firms
A law student who understands legal employer competency models can differentiate him or herself from other graduates by using the three years of law school to develop (and to create supporting evidence to demonstrate) specific competencies beyond just knowledge of doctrinal law, legal analysis, and some written and oral communication skills. . . .
In Part I below, this essay analyzes all available empirical research on the values, virtues, capacities and skills in law firm competency models that define the competencies of the most effective and successful lawyers. Part II examines empirical evidence on the competencies that clients evaluate. Part III evaluates the competencies that make the most difference in fast-track associate and partnership promotions. These data and analyses lead to several bold propositions developed in Part IV:
1. Law students and legal educators should identify and understand the values, virtues, capacities and skills (the competencies) of highly effective and successful lawyers in different types of practice (one major example is law firm competency models analyzed below in Part I);
2. Each student should use all three years of experiences both inside and outside of law school (including the required and elective curriculum, extracurricular activities, and paid or pro bono work experiences) to develop and be able to demonstrate evidence of the competencies that legal employers and clients want in the student’s area of employment interest;
3. Law schools should develop a competency-based curriculum that helps each student develop and be able to demonstrate the competencies that legal employers and clients want; and
4. Both law students and law schools should understand that the values, virtues, capacities and skills of professional formation (professionalism) are the foundation for excellence at all of the competencies of an effective and successful lawyer.
schools  laterals  admission  competence 
june 2013 by JordanFurlong
Licensed vs. Competent
Andy raises some thought-provoking questions about the legal profession and has motivated some pretty good discussion and commentary. In fact, it was one of Andy’s comments that motivated me to write this post:

How does the general public know which lawyers are competent now? A lawyer is presumed competent if she has a law license. A new lawyer with zero experience in child protection law can take just such a case. It’s possible that lawyer might face discipline after she botches the case, but does that help the client she failed? Does her discipline protect the public from the next new lawyer?
admission  competence 
december 2011 by JordanFurlong

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