Understanding Core Competencies / Skills for Transactional Practice

BRIEF SURVEY

As you may know, an ABA task force has recently proposed to establish minimum requirements within ABA-accredited law schools for "experiential" learning curriculum related to building practical skills and competencies. (Similar proposals are percolating up from state bar association task forces as well.) A challenging question in designing these requirements concerns the appropriate definition of what constitute "skills and competencies," particularly for attorneys whose practice is principally "transactional" (in contrast to work that is oriented around litigation).

This survey is meant to gauge what sorts of core competencies established professionals in transactional practice areas consider important, and then to assess how that list squares with the current proposed guidelines. Although largely directed to practicing attorneys, the survey is also open to other professionals who work closely with practicing attorneys in transactional practices (such as bankers, accountants, financial advisers, etc.).

Many thanks for taking the time to fill out this survey. When complete, results of the survey will be made available on the website for the Berkeley Center for Law, Business and the Economy (BCLBE), at http://www.law.berkeley.edu/bclbe.htm.

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* 1. Are you a licensed attorney?

Yes

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* 2. How long have you been in (or did you) practice?

Not Applicable (not a licensed attorney)

Less than five years

Between five and ten years

Between ten and twenty years

Over twenty years

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* 3. What type of organization best describes your practice? (You should answer regardless of whether you are a licensed attorney).

Law Firm

Private/Public Company; Inside GC Office

Private/Public Company; Outside of GC Office

Government / Regulator

Non-Governmental Organization

Academia

Student

Other (please specify)

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* 4. Are you a member of the ABA?

Yes

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* 5. In what state(s) are you admitted to legal practice? (Check all that apply)

N/A (not a licensed attorney)

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

District of Columbia

Delaware

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

Other (please specify)

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* 6. Are you male or female?

Male

Female

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* 7. What is your age?

Under 25

25 to 34

35 to 44

45 to 54

55 to 64

65 to 74

75 or older

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* 8. How would you characterize your race/ethnicity?

American Indian or Alaskan Native

Asian

Black or African-American

From multiple races

Hispanic / Latino

Native Hawaiian or other Pacific Islander

White (non-Hispanic/Latino)

Other (please specify)

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* 9. Measured by numbers of professionals (e.g., practicing attorneys, accountants, financial managers, bankers, etc.), how large is your office? (Count only your local office, even if your firm has many other offices. Please answer this question even if you are not a practicing attorney).

1-10 professionals

11-50 professionals

51-250 professionals

251-500 professionals

More than 500 professionals

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* 10. What percentage of your work would you describe as transactional in nature? (You should answer this question even if you are not a practicing attorney)

Less than 10%

10% to 25%

25% to 50%

50% to 90%

More than 90%

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* 11. Of that work that you consider transactional, in which of the following areas do you do significant work? (Check all that apply; please answer even if you are not a practicing attorney)

Banking

Bankruptcy

Commercial

Corporate

Employment / Labor

Intellectual Property

Mergers & Acquisitions

Project Finance

Real Estate

Regulatory

Securities

Tax

Other (please specify)

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* 12. What is your degree of support for efforts underway at the ABA and other state bar associations to mandate minimum skills / competencies training for law students?

Strongly Positive

Mildly Positive

Indifferent / Not Enough Information

Mildly Negative

Strongly Negative

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* 13. In light of your area of expertise, please evaluate the following list of skills/competencies for new lawyers. Specifically, how important is it for a lawyer to have achieved core competency in each skill in his/her first 2-3 years of practice?

	Critically Important	Somewhat Important	Marginally Important	Largely Irrelevant	No View
Accounting / Financial Statement Analysis	Accounting / Financial Statement Analysis Critically Important	Accounting / Financial Statement Analysis Somewhat Important	Accounting / Financial Statement Analysis Marginally Important	Accounting / Financial Statement Analysis Largely Irrelevant	Accounting / Financial Statement Analysis No View
Business Strategy	Business Strategy Critically Important	Business Strategy Somewhat Important	Business Strategy Marginally Important	Business Strategy Largely Irrelevant	Business Strategy No View
Collaboration	Collaboration Critically Important	Collaboration Somewhat Important	Collaboration Marginally Important	Collaboration Largely Irrelevant	Collaboration No View
Computer Programming / Architecture (e.g., Predictive Coding)	Computer Programming / Architecture (e.g., Predictive Coding) Critically Important	Computer Programming / Architecture (e.g., Predictive Coding) Somewhat Important	Computer Programming / Architecture (e.g., Predictive Coding) Marginally Important	Computer Programming / Architecture (e.g., Predictive Coding) Largely Irrelevant	Computer Programming / Architecture (e.g., Predictive Coding) No View
Conflict Resolution	Conflict Resolution Critically Important	Conflict Resolution Somewhat Important	Conflict Resolution Marginally Important	Conflict Resolution Largely Irrelevant	Conflict Resolution No View
Client Counseling	Client Counseling Critically Important	Client Counseling Somewhat Important	Client Counseling Marginally Important	Client Counseling Largely Irrelevant	Client Counseling No View
Cultural Competency	Cultural Competency Critically Important	Cultural Competency Somewhat Important	Cultural Competency Marginally Important	Cultural Competency Largely Irrelevant	Cultural Competency No View
Document Drafting	Document Drafting Critically Important	Document Drafting Somewhat Important	Document Drafting Marginally Important	Document Drafting Largely Irrelevant	Document Drafting No View
Fact Development and Analysis	Fact Development and Analysis Critically Important	Fact Development and Analysis Somewhat Important	Fact Development and Analysis Marginally Important	Fact Development and Analysis Largely Irrelevant	Fact Development and Analysis No View
Financial / Valuation Techniques (e.g., PDV, IRR, CAPM)	Financial / Valuation Techniques (e.g., PDV, IRR, CAPM) Critically Important	Financial / Valuation Techniques (e.g., PDV, IRR, CAPM) Somewhat Important	Financial / Valuation Techniques (e.g., PDV, IRR, CAPM) Marginally Important	Financial / Valuation Techniques (e.g., PDV, IRR, CAPM) Largely Irrelevant	Financial / Valuation Techniques (e.g., PDV, IRR, CAPM) No View
Interviewing (e.g., clients, employees, witnesses)	Interviewing (e.g., clients, employees, witnesses) Critically Important	Interviewing (e.g., clients, employees, witnesses) Somewhat Important	Interviewing (e.g., clients, employees, witnesses) Marginally Important	Interviewing (e.g., clients, employees, witnesses) Largely Irrelevant	Interviewing (e.g., clients, employees, witnesses) No View
Negotiation	Negotiation Critically Important	Negotiation Somewhat Important	Negotiation Marginally Important	Negotiation Largely Irrelevant	Negotiation No View
Oral Advocacy	Oral Advocacy Critically Important	Oral Advocacy Somewhat Important	Oral Advocacy Marginally Important	Oral Advocacy Largely Irrelevant	Oral Advocacy No View
Organizational Behavior	Organizational Behavior Critically Important	Organizational Behavior Somewhat Important	Organizational Behavior Marginally Important	Organizational Behavior Largely Irrelevant	Organizational Behavior No View
Management of Legal Work	Management of Legal Work Critically Important	Management of Legal Work Somewhat Important	Management of Legal Work Marginally Important	Management of Legal Work Largely Irrelevant	Management of Legal Work No View
Professional Ethics	Professional Ethics Critically Important	Professional Ethics Somewhat Important	Professional Ethics Marginally Important	Professional Ethics Largely Irrelevant	Professional Ethics No View
Self Evaluation	Self Evaluation Critically Important	Self Evaluation Somewhat Important	Self Evaluation Marginally Important	Self Evaluation Largely Irrelevant	Self Evaluation No View
Spreadsheet Skills (e.g., Excel)	Spreadsheet Skills (e.g., Excel) Critically Important	Spreadsheet Skills (e.g., Excel) Somewhat Important	Spreadsheet Skills (e.g., Excel) Marginally Important	Spreadsheet Skills (e.g., Excel) Largely Irrelevant	Spreadsheet Skills (e.g., Excel) No View
Statistics / Probability	Statistics / Probability Critically Important	Statistics / Probability Somewhat Important	Statistics / Probability Marginally Important	Statistics / Probability Largely Irrelevant	Statistics / Probability No View
Trial Practice	Trial Practice Critically Important	Trial Practice Somewhat Important	Trial Practice Marginally Important	Trial Practice Largely Irrelevant	Trial Practice No View

Other (If you like, feel free to specify up to 3 additional skills fields that you would characterize as "Critically Important"; each on a separate line. Please DO NOT include doctrinal / practice areas, such as "antitrust" or "securities")

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* 14. For the same list of skills/competencies evaluated above, please characterize the setting in which you think each is most effectively taught.

	Best taught through classroom lectures	Best taught through participatory simulations	Best taught through "on-the-job" experiences	Best taught through a combination of the above methods	No View
Accounting / Financial Statement Analysis	Accounting / Financial Statement Analysis Best taught through classroom lectures	Accounting / Financial Statement Analysis Best taught through participatory simulations	Accounting / Financial Statement Analysis Best taught through "on-the-job" experiences	Accounting / Financial Statement Analysis Best taught through a combination of the above methods	Accounting / Financial Statement Analysis No View
Business Strategy	Business Strategy Best taught through classroom lectures	Business Strategy Best taught through participatory simulations	Business Strategy Best taught through "on-the-job" experiences	Business Strategy Best taught through a combination of the above methods	Business Strategy No View
Collaboration	Collaboration Best taught through classroom lectures	Collaboration Best taught through participatory simulations	Collaboration Best taught through "on-the-job" experiences	Collaboration Best taught through a combination of the above methods	Collaboration No View
Computer Programming / Architecture (e.g., Predictive Coding)	Computer Programming / Architecture (e.g., Predictive Coding) Best taught through classroom lectures	Computer Programming / Architecture (e.g., Predictive Coding) Best taught through participatory simulations	Computer Programming / Architecture (e.g., Predictive Coding) Best taught through "on-the-job" experiences	Computer Programming / Architecture (e.g., Predictive Coding) Best taught through a combination of the above methods	Computer Programming / Architecture (e.g., Predictive Coding) No View
Conflict Resolution	Conflict Resolution Best taught through classroom lectures	Conflict Resolution Best taught through participatory simulations	Conflict Resolution Best taught through "on-the-job" experiences	Conflict Resolution Best taught through a combination of the above methods	Conflict Resolution No View
Client Counseling	Client Counseling Best taught through classroom lectures	Client Counseling Best taught through participatory simulations	Client Counseling Best taught through "on-the-job" experiences	Client Counseling Best taught through a combination of the above methods	Client Counseling No View
Cultural Competency	Cultural Competency Best taught through classroom lectures	Cultural Competency Best taught through participatory simulations	Cultural Competency Best taught through "on-the-job" experiences	Cultural Competency Best taught through a combination of the above methods	Cultural Competency No View
Document Drafting	Document Drafting Best taught through classroom lectures	Document Drafting Best taught through participatory simulations	Document Drafting Best taught through "on-the-job" experiences	Document Drafting Best taught through a combination of the above methods	Document Drafting No View
Fact Development and Analysis	Fact Development and Analysis Best taught through classroom lectures	Fact Development and Analysis Best taught through participatory simulations	Fact Development and Analysis Best taught through "on-the-job" experiences	Fact Development and Analysis Best taught through a combination of the above methods	Fact Development and Analysis No View
Financial / Valuation Techniques (e.g., PDV, IRR, CAPM)	Financial / Valuation Techniques (e.g., PDV, IRR, CAPM) Best taught through classroom lectures	Financial / Valuation Techniques (e.g., PDV, IRR, CAPM) Best taught through participatory simulations	Financial / Valuation Techniques (e.g., PDV, IRR, CAPM) Best taught through "on-the-job" experiences	Financial / Valuation Techniques (e.g., PDV, IRR, CAPM) Best taught through a combination of the above methods	Financial / Valuation Techniques (e.g., PDV, IRR, CAPM) No View
Interviewing (e.g., clients, employees, witnesses)	Interviewing (e.g., clients, employees, witnesses) Best taught through classroom lectures	Interviewing (e.g., clients, employees, witnesses) Best taught through participatory simulations	Interviewing (e.g., clients, employees, witnesses) Best taught through "on-the-job" experiences	Interviewing (e.g., clients, employees, witnesses) Best taught through a combination of the above methods	Interviewing (e.g., clients, employees, witnesses) No View
Negotiation	Negotiation Best taught through classroom lectures	Negotiation Best taught through participatory simulations	Negotiation Best taught through "on-the-job" experiences	Negotiation Best taught through a combination of the above methods	Negotiation No View
Oral Advocacy	Oral Advocacy Best taught through classroom lectures	Oral Advocacy Best taught through participatory simulations	Oral Advocacy Best taught through "on-the-job" experiences	Oral Advocacy Best taught through a combination of the above methods	Oral Advocacy No View
Organizational Behavior	Organizational Behavior Best taught through classroom lectures	Organizational Behavior Best taught through participatory simulations	Organizational Behavior Best taught through "on-the-job" experiences	Organizational Behavior Best taught through a combination of the above methods	Organizational Behavior No View
Management of Legal Work	Management of Legal Work Best taught through classroom lectures	Management of Legal Work Best taught through participatory simulations	Management of Legal Work Best taught through "on-the-job" experiences	Management of Legal Work Best taught through a combination of the above methods	Management of Legal Work No View
Professional Ethics	Professional Ethics Best taught through classroom lectures	Professional Ethics Best taught through participatory simulations	Professional Ethics Best taught through "on-the-job" experiences	Professional Ethics Best taught through a combination of the above methods	Professional Ethics No View
Self Evaluation	Self Evaluation Best taught through classroom lectures	Self Evaluation Best taught through participatory simulations	Self Evaluation Best taught through "on-the-job" experiences	Self Evaluation Best taught through a combination of the above methods	Self Evaluation No View
Spreadsheet Skills (e.g., Excel)	Spreadsheet Skills (e.g., Excel) Best taught through classroom lectures	Spreadsheet Skills (e.g., Excel) Best taught through participatory simulations	Spreadsheet Skills (e.g., Excel) Best taught through "on-the-job" experiences	Spreadsheet Skills (e.g., Excel) Best taught through a combination of the above methods	Spreadsheet Skills (e.g., Excel) No View
Statistics / Probability	Statistics / Probability Best taught through classroom lectures	Statistics / Probability Best taught through participatory simulations	Statistics / Probability Best taught through "on-the-job" experiences	Statistics / Probability Best taught through a combination of the above methods	Statistics / Probability No View
Trial Practice	Trial Practice Best taught through classroom lectures	Trial Practice Best taught through participatory simulations	Trial Practice Best taught through "on-the-job" experiences	Trial Practice Best taught through a combination of the above methods	Trial Practice No View

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* 15. For those who work in Law Firms: Does your firm offer formal training programs (either through a third-party vendor or internal staffing) in skills/competencies similar to those described above?

Yes

Unsure

If you answered "Yes," please describe the topics/nature of training

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* 16. Do you have any other comments or questions about skills / competencies that law schools should concentrate on developing for new transactional attorneys?

THANK YOU For taking this survey. As noted above, the results will be posted on the BCLBE website