Report No. 184
Professional skills & professional value.- the Mac Crate Report:
5.8 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 the Profession: Narrowing the Gap", prepared by the American Bar Association. This was followed by subsequent resolution of the ABA House of Delegates in Feb, 1994 and the Report on Learning Professionalism 1996 (Chicago).
It is also necessary to refer to the study made by the Law Society of England and Wales on 'Preparatory Skills: Review of the Institute of Professional Studies (Auckland) 1990; the earlier Reports, 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 have prepared a new curriculum in 2001 based on the Mac Crate and Harvard curriculum, 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 Lawyers
Skills and Professional Values"', Chapter 7 refers to 'Professional
Development during Law School', Chapter 8 to 'Transition from Law
Student to Practitioner, Chapter 9 to 'Professional Development after Law
School', Chapter 10 refers to the Need for a National Institute to Enhance
the process of Professional Development (see
5.10 Under chapter V(A) thereof, the legal skills referred are (1) legal research, (2) factual investigation, (3) communication, (4) counselling, (5) negotiation, (6) skills required to employ or to advise a client about the options of litigation and alternative dispute resolution mechanisms, (7) the 55 skill to identify the administrative skills necessary to organize and manage legal work effectively and (8) finally, the skill of analyzing the skills involved 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 the specifics of the Code of Professional Responsibility and the Model Rules of Professional Conduct'; they should encompass 'the values of the profession', including the 'obligations and accountability of a professional dealing with the lives and affairs of clients'.
These values are many, such as, (1) the value of competent representation, analyzing the ideals to which a lawyer should be committed as a member of a profession dedicated to the service of clients,
(2) the value of striving to promote justice, fairness and morality; the ideals to which a lawyer should be committed as a member of a profession that bears special responsibilities for the quality of justice,
(3) the value of striving to improve the profession; explore the ideals to which a lawyer should be committed as a member of a 'self-governing' profession,
(4) the value of professional self-development, analyzing the ideals to which the lawyer should be committed as a member of a 'learned profession'. The Report also refers to the relationship between the 'skills' and the 'values'.