Office of the Dean

TO: FROM: DATE: RE:

Academic Policy and Program Committee James A. Gardner, Vice Dean for Academic Affairs March 21, 2008 New ABA accreditation standard regarding professional skills

In 2005, the ABA redrafted Standard 302(a), the principal standard dealing with the content of law school curriculums. The new version reads as follows: (a) A law school shall require that each student receive substantial instruction in: (1) the substantive law generally regarded as necessary to effective and responsible participation in the legal profession; legal analysis and reasoning, legal research, problem solving, and oral communication; writing in a legal context, including at least one rigorous writing experience in the first year and at least one additional rigorous writing experience after the first year; other professional skills generally regarded as necessary for effective and responsible participation in the legal profession; and the history, goals, structure, values, rules and responsibilities of the legal profession and its members.

(2)

(3)

(4)

(5)

The first, second, third, and fifth subsections make no substantive change from previous versions of the standard. However, Section 302(a)(4) is new, and is intended to impose a new requirement on law school curriculums. The ABA also adopted three interpretations of the new professional skills requirement:

319 OBrian Hall, Buffalo, NY 14260-1100 Tel: (716) 645-2052 Fax: (716) 645-5968 E-Mail: jgard@buffalo.edu Web: www.law.buffalo.edu

Interpretation 302-2 Each law school is encouraged to be creative in developing programs of instruction in professional skills related to the various responsibilities which lawyers are called upon to meet, using the strengths and resources available to the school. Trial and appellate advocacy, alternative methods of dispute resolution, counseling, interviewing, negotiating, problem solving, factual investigation, organization and management of legal work, and drafting are among the areas of instruction in professional skills that fulfill Standard 302 (a)(4). Interpretation 302-3 A school may satisfy the requirement for substantial instruction in professional skills in various ways, including, for example, requiring students to take one or more courses having substantial professional skills components. To be substantial, instruction in professional skills must engage each student in skills performances that are assessed by the instructor. Interpretation 302-4 A law school need not accommodate every student requesting enrollment in a particular professional skills course.

We need to implement this requirement. This task takes on special urgency given the impending ABA reaccreditation inspection next spring. I recommend we commit this issue to a subcommittee for study and preparation of a recommendation, and that the subcommittee be directed to work closely with the ABA SelfStudy Committee in developing its recommendation.

cc: ABA Self-Study Committee

319 OBrian Hall, Buffalo, NY 14260-1100 Tel: (716) 645-2052 Fax: (716) 645-5968 E-Mail: jgard@buffalo.edu Web: www.law.buffalo.edu