Appendix A: BDC Recommendations for Tasks Under Skill Domains

Appendix A lists the 136 tasks organized under 7 skill domains that were considered by the BDC, with the recommendation for each task reflected (i.e., include, exclude, or consolidate with another task). The BDC recommended 103 tasks be included, 9 tasks be consolidated, and 24 tasks be excluded. See Table 1 in the body of the report for a description of the skill domains, as well as the number of tasks and suggested weighting for each.

Legal Tasks Organized under Skills (tasks identified by task numbers used in Practice Analysis)

Legal Research (17.5%) – Researching the Law, Written/Reading Comprehension, Critical/Analytical Thinking
1  Research case law (T1.35) include
2  Research statutory and constitutional authority (T1.33) include
3  Research secondary authorities (T1.36) include
4  Research administrative rules, regulations, and decisional law (T1.34) include
5  Research court rules (T1.37) include
6  Determine requirements for admitting exhibits or witness testimony into proceeding (T2.53) exclude

Legal Writing and Drafting (14.5%) – Written Expression, Critical/Analytical Thinking
7  Prepare documents to answer or respond to legal proceeding (T2.12) include
8  Prepare or respond to written discovery or other requests for information (T2.22) include
9  Prepare documents to initiate proceeding, including required schedules or exhibits (T2.07) include
10  Draft or respond to non-dispositive motions (T2.16) include
11  Draft or respond to dispositive motions (T2.15) include
12  Prepare required disclosures to other parties, the court, or fact-finder (T2.17) include
13  Draft documents reflecting resolution of dispute (T2.34) include
14  Draft witness or exhibit lists (T2.43) include
15  Draft affidavits or declarations to admit evidence or testimony (T2.38) include
16  Draft proposed orders, judgments, findings of fact, or conclusions of law (T2.60) include
17  Draft witness testimony outlines or summaries (T2.44) include
18  Draft or respond to discovery deficiency letters (T2.29) include
19  Draft or respond to discovery enforcement motion (T2.30) include
20  Draft or respond to motions in limine (T2.39) include
21  Draft required schedules, statements, or reports for submission to court, tribunal, or other fact-finder (T2.37) include
22  Draft or respond to post-judgment motions (T2.59) include
23  Prepare expert disclosures (T2.24) exclude
24  Draft pretrial or dispute resolution statements or summaries (T2.42) include
25  Prepare information requests to governmental agencies (T2.20) exclude
26  Draft documents reflecting resolution of contract or business disputes (T3.13) exclude
27  Draft or respond to request for interim relief or award (T2.10) include
28  Draft briefs or written submissions in appellate or other post-judgmental review proceedings (T2.65) include
29  Draft documents to seek appellate or other post-judgmental review (T2.63) exclude
30  Draft resolutions, written consents, and/or meeting minutes (T3.06) include
31  Draft or negotiate business agreements (e.g., purchase and sale, lease, licensing, nondisclosure, loan, security interest, assignment) (T3.16) exclude
32  Draft or respond to removal or remand pleadings (T2.13) exclude
33  Draft proposed jury instructions (T2.50) include
34  Draft term sheet, memorandum of understanding, or letter of intent for transaction (T3.15) include
35  Respond to information requests from governmental agencies (T2.21) exclude
36  Draft handbooks or written procedures (T3.07) exclude
37  Seek modification of prior orders or judgments (T2.71) exclude
38  Draft employment or independent contractor agreements (T3.08) exclude
39  Respond to audit, violation or noncompliance report, or request for information from governmental or regulatory agency (T4.09) exclude
40  Draft and file documents to form business organizations (T3.04) include
41  Draft power of attorney, durable power of attorney or health care proxy (T3.36) exclude
42  Draft or respond to motions to suppress evidence (T2.40) include
43  Prepare application to governmental or regulatory authority (T4.07) exclude
44  Draft or respond to request for writ or other extraordinary relief (T2.32) exclude
45  Draft legal opinion letter for third party reliance (T3.28) exclude
46  Draft or respond to demand to compel arbitration (T2.14) exclude

Client Counseling and Advising (11.9%) – Oral Expression, Oral Comprehension, Cultural Competence, Advocacy, Critical/Analytical Thinking, Problem Solving, Practical Judgment
47  Respond to client inquiries (T1.38) include
48  Inform client about status of client matter (T1.39) include
49  Identify rules of professional conduct applicable to client communications (T1.40) include
50  Prepare client or witness for sworn interview, statement, deposition, or proceeding (T2.26) include
51  Advise client about dispute resolution options (T2.02) include
52  Advise client regarding contract performance, enforcement, or termination issues (T3.11) include
53  Advise client about preservation or collection of electronically stored information (T2.19) include
54  Draft initial report for client (T1.06) include
55  Advise client regarding form of business organizations (T3.03) include
56  Draft or advise client about litigation hold letter (T2.18) include
57  Advise client regarding insurance coverage (T3.14) include
58  Advise client on employee discipline or termination issues (T3.09) include
59  Advise client regarding local, state, or federal tax implications and obligations (T4.13) include
60  Assist client in securing status, benefits, or assistance from governmental programs (T4.12) include

Issue Spotting and Evaluation (17.5%) – Identifying Issues, Observant, Critical/Analytical Thinking
61  Identify issues in client matter including legal, factual, or evidentiary issues (T1.18), (T2.04) include
62  Evaluate strengths and weaknesses of client matters (T1.20) include
63  Determine issues or claims to be raised in legal proceedings (T2.04) consolidate with T1.18
64  Assess the probable outcome of client matter (T1.21) include
65  Evaluate and develop strategy to address potential defenses to proceedings (T2.05), (T2.11) include
66  Determine issues, defenses, or claims to be raised in response to proceedings (T2.11) consolidate with T2.05
67  Develop a strategy for client matter (T1.23) include
68  Develop strategy for presenting claims and/or defenses to court, tribunal, or other fact-finder (T2.41) include
69  Determine advisability of defending or prosecuting client matter (T1.22) include
70  Determine proper or best forum to initiate legal proceeding (T2.01) exclude
71  Determine proper forum to seek appellate or other post-judgmental review (T2.62) exclude

Investigation and Analysis (17.5%) – Interviewing/Questioning, Fact Gathering, Cultural Competence, Problem Solving
72  Interpret laws, rulings, and regulations for clients (T1.24) include
73  Interpret how legal documents could be construed (T3.02) include
74  Conduct factual investigation to obtain information (T1.27) include
75  Obtain and review public records (T1.31), (T1.32) include
76  Determine lawfulness or enforceability of contract or legal document (T3.01) include
77  Interview client, client representatives, or witnesses to obtain information (T1.28) include
78  Review and analyze discovery received, including electronically stored information (T2.28) include
79  Determine client’s compliance with laws, regulations, or standards (T1.25), (T4.11) include
80  Determine compliance with laws, rules, and regulations (T4.11) consolidate with T1.25
81  Determine whether conditions precedent to initiate legal proceeding have been performed or satisfied (T2.03) include
82  Identify proper or required parties to legal proceedings (T2.06) include
83  Evaluate need for and identify fact witnesses (T2.25) include
84  Investigate background of parties (T1.29) include
85  Identify rules of professional conduct applicable to discussion of client matters (T1.42) include
86  Evaluate need for and identify expert witnesses (T2.23) include
87  Identify rules of professional conduct applicable to investigations or interviews (T1.30) include
88  Obtain information through Freedom of Information Act request (T1.32) consolidate with T1.31
89  Conduct transaction due diligence (T3.17) include
90  Conduct lien, litigation, or bankruptcy filing searches (T3.18) include
91  Determine eligibility for governmental status, programs. . . (T4.10) exclude

Negotiation and Dispute Resolution (11.9%) – Negotiation Skills/Conflict Resolution, Creativity/Innovation, Expressing Disagreement, Written Expression, Oral Expression, Oral Comprehension, Advocacy, Practical Judgment.
92  Persuade others of a particular point of view (T1.43) include
93  Negotiate or facilitate resolution of client matter (T1.26), (T2.33), (T3.12) include
94  Negotiate resolution of dispute (T2.33) consolidate with T1.26
95  Notify or serve parties to legal proceeding (T2.08) include
96  Resolve discovery disputes (T2.31) include
97  Identify rules of professional conduct applicable to communications with counsel for other parties or pro se parties (T2.74) include
98  Prepare witnesses to testify at trial or before other tribunal or fact-finder (T2.46) include
99  Represent client in court, before governmental agencies, or before other fact-finders (T2.47) include
100  Prepare client to testify at trial or before tribunal or fact-finder (T2.45) include
101  Identify rules of professional conduct applicable to communications with court, tribunal, or other fact-finder (T2.73) include
102  Identify rules of professional conduct applicable to filing of documents with court, tribunal, or other fact-finder (T2.72) include
103  Make or defend against objections to the admission of exhibits or witness testimony (T2.54) include
104  Introduce exhibits into evidence or proceedings (T2.56) include
105  Conduct or defend deposition (T2.27) include
106  Conduct direct examination or cross-examination of witnesses (T2.52) include
107  Negotiate resolution of contract or business dispute (T3.12) consolidate with T1.26
108  Make or defend motions seeking judgment or directed verdict before submission of case to fact-finder (T2.57) include
109  Make an offer of proof (T2.55) include
110  Prepare or designate record for appellate or other post-judgmental review (T2.64) exclude
111  Represent client in preliminary hearing, arraignment, or bond proceedings (T2.09) include
112  Present closing argument (T2.58) include
113  Represent client in proceeding to approve or accept negotiated resolution of dispute (T2.36) include
114  Present opening argument (T2.51) include
115  Represent client in non-binding dispute resolution proceeding (T2.48) include
116  Participate in jury selection activities (T2.49) include
117  Secure required governmental or regulatory approvals or authorizations (T4.08) include

Client Relationship and Management (9.2%) – Networking and Business Development, Resource Management/Prioritization, Organization, Strategic Planning, Managing Projects, Achievement/Goal Orientation, Practical Judgment, Decisiveness, Cultural Competence
118  Consult with colleagues or third parties regarding client matters (T1.41) include
119  Develop specific goals and plans to prioritize, organize, and accomplish work (T1.44), (T1.47), (T1.08) include
120  Identify goals and objectives in client matter (T1.19) include
121  Maintain confidential client records (T1.11) include
122  Schedule meetings and other work activities (T1.47) consolidate with T1.44
123  Identify rules of professional conduct applicable to representation of client (T1.12) include
124  Establish and maintain calendaring system (T1.08) consolidate with T1.44
125  Identify rules of professional conduct applicable to potential client engagement (T1.02) include
126  Establish attorneyclient relationship (T1.04) consolidate with T1.18
127  Analyze workflow processes to identify ways to improve quality or efficiency (T1.49) exclude
128  Supervise attorneys or support staff (T1.45) include
129  Evaluate potential client engagement (T1.01) include
130  Monitor and control resources (T1.46) exclude
131  Conduct conflicts of interest check in connection with potential client engagement (T1.03) include
132  Identify rules of professional conduct applicable to representation of business organizations and/or their shareholders (T3.05) include
133  Develop or implement strategy to generate new business or retain clients (T1.16) exclude
134  Draft engagement letter (T1.05) include
135  Identify rules of professional conduct applicable to generation of business (T1.17) include
136  Secure withdrawal from client representation from court or other tribunal (T1.15) include