The Legal Education - Law Commission of India

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545.8 On legal skills, we will be referring to the Mac Crate Report of USA(1992) which is the Report of the “Task Force on Law Schools and theProfession: Narrowing the Gap”, prepared by the American BarAssociation. This was followed by subsequent resolution of the ABAHouse of Delegates in Feb, 1994 and the Report on LearningProfessionalism 1996 (Chicago). It is also necessary to refer to the studymade by the Law Society of England and Wales on ‘Preparatory Skills:Review of the Institute of Professional Studies (Auckland) 1990; the earlierReports, namely, Crampton Report on Lawyer Competency (US) (1979)and the Carrrington Report on Training for Public Professions of the Law(1971), Washington. The National Law School, Bangalore is said to haveprepared a new curriculum in 2001 based on the Mac Crate and Harvardcurriculum, with modifications suited for Indian conditions.5.9 There are 10 chapters in the Mac Crate Report in Parts I to III.Chapter 5 of the Report refers to the ‘Statement of Fundamental LawyersSkills and Professional Values”’, Chapter 7 refers to ‘ProfessionalDevelopment during Law School’, Chapter 8 to ‘Transition from LawStudent to Practitioner, Chapter 9 to ‘Professional Development after LawSchool’, Chapter 10 refers to the Need for a National Institute to Enhancethe process of Professional Development (seehttp://www.abanet.org/legaled/publications/onlinepubs/maccrate.html).5.10 Under chapter V(A) thereof, the legal skills referred are (1) legalresearch, (2) factual investigation, (3) communication, (4) counselling, (5)negotiation, (6) skills required to employ or to advise a client about theoptions of litigation and alternative dispute resolution mechanisms, (7) the
55skill to identify the administrative skills necessary to organize and managelegal work effectively and (8) finally, the skill of analyzing the skillsinvolved in recognizing and resolving ethical dilemmas.5.11 Professional values, according to the Mac Crate Report, include‘training in professional responsibilities’ and involve more than ‘just thespecifics of the Code of Professional Responsibility and the Model Rulesof Professional Conduct’; they should encompass ‘the values of theprofession’, including the ‘obligations and accountability of a professionaldealing with the lives and affairs of clients’. These values are many, suchas, (1) the value of competent representation, analyzing the ideals to whicha lawyer should be committed as a member of a profession dedicated to theservice of clients, (2) the value of striving to promote justice, fairness andmorality; the ideals to which a lawyer should be committed as a member ofa profession that bears special responsibilities for the quality of justice, (3)the value of striving to improve the profession; explore the ideals to whicha lawyer should be committed as a member of a ‘self-governing’profession, (4) the value of professional self-development, analyzing theideals to which the lawyer should be committed as a member of a ‘learnedprofession’. The Report also refers to the relationship between the ‘skills’and the ‘values’.5.12 Chapter V(b) of the Report refers to ‘Fundamental lawyers skills asfollows:
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Law Commission of India184 th Repor
Page 3 and 4: 3colleges for prescribing standards
Page 5 and 6: 5CONTENTSPAGESCh. I Introductory 1-
Page 7 and 8: 7suggestions, while some others opp
Page 9 and 10: 9in as much as it did not formulate
Page 11 and 12: 11Conference of Heads of Legal Educ
Page 13 and 14: 13subjects are: the respective role
Page 15 and 16: 15recommendations. The Commission w
Page 17 and 18: 17considering the provisions of ano
Page 19 and 20: 19The Advocates Act, 1961 thus deal
Page 21 and 22: 212.10 If the UGC Act, 1956 is expr
Page 23 and 24: 23subject of legal education comes
Page 25 and 26: 25“In the field of legal educatio
Page 27 and 28: 27between the Bar Council of India
Page 29 and 30: 29Court Judge are now in the Commit
Page 31 and 32: 31decision cannot be taken without
Page 33 and 34: 33In case, during the tenure of the
Page 35 and 36: 35(4) All questions which come up b
Page 37 and 38: 37Education Committee and who are i
Page 39 and 40: 39the absence of a consensus, the m
Page 41 and 42: 414.7 It must be noted that standar
Page 43 and 44: 434.10 As to the co-ordination betw
Page 45 and 46: 45In the Karnataka High Court Judgm
Page 47 and 48: 47the proposals for the consultatio
Page 49 and 50: 49(a) two law teachers in office fr
Page 51 and 52: 51aspects and we propose to lay emp
Page 53: 535.6 Rule 9(1) lists 6 subjects fo
Page 57 and 58: 57(6) preparing for negotiation, co
Page 59 and 60: 59technologies which require corres
Page 61 and 62: 61education and laying standards in
Page 63 and 64: 63years, the number of civil matter
Page 65 and 66: 65formulated may be adopted by the
Page 67 and 68: 67Procedure, even though they have
Page 69 and 70: 69Chapter VIIAdjunct Teachers from
Page 71 and 72: 71“And there is no need to fit sq
Page 73 and 74: 73“The adjunct teachers teach the
Page 75 and 76: 75High Court or Supreme Court or be
Page 77 and 78: 77students who will go to the Bar o
Page 79 and 80: 79Inspections:8.4 As per section 7(
Page 81 and 82: 81India, when it wields powers, is
Page 83 and 84: 83one where the college is proposed
Page 85 and 86: 85(The existing section 7A should b
Page 87 and 88: 877C. (1) Where there is a differen
Page 89 and 90: 89(vii) The following clause be add
Page 91 and 92: 919.3 Whatever be the percentage of
Page 93 and 94: 939.10 Prof. Myron Moskovitz of the
Page 95 and 96: 95malpractices. We are only referri
Page 97 and 98: 97get acquainted with several pract
Page 99 and 100: 99Chapter XEducation on Legal Educa
Page 101 and 102: 10110.3 Several of the above Commit
Page 103 and 104: 103colleges located in cities and d
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105Chapter XIDerecognition of Unive
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107Chapter XIITraining and Apprenti
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109The court held that once the rel
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111include problem method, moot cou
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114advocates as well as the requisi
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116senior counsel in these big citi
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11812.17 There is a strong view tha
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120graduates are proposed to be rec
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122Chapter XIIIDisqualification of
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12413.4 Therefore, we are of the em
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1264) Clause (b) of subsection (2)
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128Advocates Act, 1961 for providin
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130prescribe higher standards.(para
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132be amended.Consequently, section
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13430) Section 7(1) (i) to be amend
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The Legal Education - Law Commission of India

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