The Legal Education - Law Commission of India

The Legal Education - Law Commission of India The Legal Education - Law Commission of India

lawcommissionofindia.nic.in
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12.07.2015 Views

56(1) diagnosing a problem, generating alternative solutions and strategies,developing a plan of action, implementing the plan and keeping theplanning process open to new information and new ideas.(2) identifying and formulating legal issues, formulating relevant legaltheory, elaborating legal theory, evaluating legal theory andcriticising and synthesizing legal argumentation.(3) knowledge of the nature of Legal Rules and Institutions, knowledgeof and ability to use the most fundamental tools of legal research,understanding of the process of devising and implementing acoherent and effective research design.(4) determining the need for factual investigation, planning a factualinvestigation, implementing the investigative strategy,memorializing and organizing information in an accessible form,deciding whether to conclude the process of fact gathering,evaluating the information that has been gathered, assessing theperspective of the recipient of the communication; using effectivemethods of communication.(5) establishing a counselling relationship that respects the nature andbounds of a lawyer’s role; gathering information relevant to thedecision to be made; analyzing the decision to be made; counselingthe client about the decision to be made, ascertaining andimplementing the client’s decision.

57(6) preparing for negotiation, conducting a negotiating session,counseling the client about the terms obtained from the other side inthe negotiation and implementing the client’s decision.(7) advise the clients about the options of litigation and alternativedispute resolution, and have a fundamental knowledge of(a) litigation at the trial-court level(b) litigation at the appellate level(c) advocacy in disputes between and Executive Forms(d) proceedings in other Dispute Resolution Forums(8) skills of efficient management such as formulating goals andprinciples, developing systems and procedures to ensure that time,effort and resources are allocated efficiently; develop system toensure work is completed at the appropriate time; develop system orprocedures to work effectively with other people, develop systemand procedures for efficiently administering the law office.(9) keep familiar with nature and sources of ethical standards, the meansby which ethical standards are enforced, the processes forrecognizing and resolving ethical dilemmas.5.13 The Mac Crate Report says that law schools and the practicing barshould look upon the development of lawyers as a common enterprise,recognizing that legal education and practising lawyers have differentcapacities and opportunities to impart to future lawyers the skills andvalues required for the competent and responsible practice of law. Each

57(6) preparing for negotiation, conducting a negotiating session,counseling the client about the terms obtained from the other side inthe negotiation and implementing the client’s decision.(7) advise the clients about the options <strong>of</strong> litigation and alternativedispute resolution, and have a fundamental knowledge <strong>of</strong>(a) litigation at the trial-court level(b) litigation at the appellate level(c) advocacy in disputes between and Executive Forms(d) proceedings in other Dispute Resolution Forums(8) skills <strong>of</strong> efficient management such as formulating goals andprinciples, developing systems and procedures to ensure that time,effort and resources are allocated efficiently; develop system toensure work is completed at the appropriate time; develop system orprocedures to work effectively with other people, develop systemand procedures for efficiently administering the law <strong>of</strong>fice.(9) keep familiar with nature and sources <strong>of</strong> ethical standards, the meansby which ethical standards are enforced, the processes forrecognizing and resolving ethical dilemmas.5.13 <strong>The</strong> Mac Crate Report says that law schools and the practicing barshould look upon the development <strong>of</strong> lawyers as a common enterprise,recognizing that legal education and practising lawyers have differentcapacities and opportunities to impart to future lawyers the skills andvalues required for the competent and responsible practice <strong>of</strong> law. Each

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