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New York State Skills Competency Requirement For Admission Of Attorneys

Pathway One Plan

In December 2015, the New York State Court of Appeals adopted Section 520.18 to the Rules for the Admission of Attorneys and Counselors at Law (22 NYCRR 520.18). The provision requires applicants seeking admission in New York to establish that they have acquired skills and professional values necessary to competently practice law. Applicants may satisfy this requirement by completing one of five separate pathways described in section 520.18.

Under Pathway One, a law school must “develop[] a plan identifying and incorporating into its curriculum the skills and professional values ... required for its graduates’ basic competence and ethical participation in the legal profession,” consistent with ABA Standards 302(b)-(d), and must certify that “the applicant has acquired sufficient competency in those skills and sufficient familiarity with those values.”[1]

The Washington College of Law has identified the skills and professional values necessary for our graduates’ “basic competence and ethical participation in the legal profession.” The table below indicates the courses where such skills and professional values can be acquired. Students must demonstrate competence in at least one course in each category. A grade of “C” or higher is sufficient to demonstrate competence in these courses.

Skill Courses
(J.D. Students)		 Courses
(LL.M. Students)

Knowledge of substantive and procedural law (including case law, key concepts, and principles)

Civil Procedure

Constitutional Law

Contracts

Criminal Law

Criminal Procedure

Torts

Property

This skill can be acquired in other doctrinal courses as well.

American Legal Institutions

U.S. Business Law

U.S. Contracts Law

U.S. Constitutional Law

U.S. Criminal Law

Legal analysis and reasoning, including critical thinking and practical reasoning skills.

Legal Rhetoric

Civil Procedure

Constitutional Law

Contracts

Criminal Law

Criminal Procedure

Legal Ethics

Torts

Property

Approved experiential courses

This skill can be acquired in other doctrinal courses as well.

American Legal Institutions

U.S. Business Law

U.S. Contracts Law

U.S. Constitutional Law

U.S. Criminal Law

Legal Research & Writing

Approved experiential courses

Proficiency in legal research

Legal Rhetoric

Advanced Legal Research & Writing

Any Clinical course

Courses and/or Directed Research that satisfy the Upper Level Writing Requirement

Legal Research & Writing

LL.M. Writing requirement

Proficiency in fact and other information-gathering skills

Legal Rhetoric

Interviewing and Counseling

Criminal Trial Advocacy

Civil Trial Advocacy

Pre-Trial Civil Litigation

Scientific Evidence and Expert Testimony

Evidentiary Foundations and Objections

Homicide Prosecution

Any Clinical course

Legal Research & Writing

Interviewing and Counseling

Criminal Trial Advocacy

Civil Trial Advocacy

Pre-Trial Civil Litigation

Scientific Evidence and Expert Testimony

Evidentiary Foundations and Objections

Homicide Prosecution

Any Clinical course

Written and oral communication skills

Legal Rhetoric

Legal Drafting: Contracts

Approved experiential courses

Legal Research & Writing

Approved experiential courses

Ability to engage in problem-solving and to exercise professional judgment, including identifying the advantages, disadvantages, and risks associated with particular courses of action

Any Clinical course

Any externship seminar

Corporate Compliance and Ethics

Criminal Trial Advocacy

Civil Trial Advocacy

Health Care Fraud and Abuse

Pre-Trial Civil Litigation

Scientific Evidence and Expert Testimony

Evidentiary Foundations and Objections

Homicide Prosecution

Appellate Advocacy

Pre-Trial Litigation

Other approved experiential courses

LL.M. Externship

Corporate Compliance and Ethics

Criminal Trial Advocacy

Civil Trial Advocacy

Health Care Fraud and Abuse

Pre-Trial Civil Litigation

Scientific Evidence and Expert Testimony

Evidentiary Foundations and Objections

Homicide Prosecution

Appellate Advocacy

Pre-Trial Litigation

Approved experiential courses

Knowledge of applicable rules of professional responsibility, and the ability to recognize and resolve ethical dilemmas

Legal Ethics

Any Clinical course

Legal Ethics

Any Clinical course

Ability to work collaboratively with others

Legal Rhetoric

Corporate Compliance and Ethics

Criminal Trial Advocacy

Civil Trial Advocacy

Pre-Trial Civil Litigation

Scientific Evidence and Expert Testimony

Evidentiary Foundations and Objections

Homicide Prosecution

Advanced Constitutional Law (Marshall-Brennan)

International Business Negotiations

International ADR: Global Sovereign Disputes Practicum

Strategic Litigation in International Human Rights: Theory & Practice

International Criminal Law Practicum

Advanced International Law: Law & Peace Negotiations

Any Clinical course

Corporate Compliance and Ethics

Criminal Trial Advocacy

Civil Trial Advocacy

Pre-Trial Civil Litigation

Scientific Evidence and Expert Testimony

Evidentiary Foundations and Objections

Homicide Prosecution

International Business Negotiations

International ADR: Global Sovereign Disputes Practicum

Strategic Litigation in International Human Rights: Theory & Practice

International Criminal Law Practicum

Advanced International Law: Law & Peace Negotiations
Professional Value Courses
(J.D. Students)		 Courses
(LL.M. Students)

Provision of competent representation

Legal Ethics

Legal Rhetoric

Any Clinical course

Legal Ethics

Striving to promote justice, fairness, and morality

Legal Ethics

Any Clinical course

Legal Ethics

Striving to improve the profession

Legal Ethics

Externship Seminar

Any Clinical course

Legal Ethics

LL.M. Externship

Professional self-development

Legal Rhetoric

Externship Seminar

Any Clinical course

Legal Research & Writing

[1] A school may certify an applicant under Pathway 1 if the applicant “received a grade that the school considers sufficient to demonstrate competence in courses the school has designated as teaching the skills and professional values needed for basic competence and ethical participation in the legal profession.”

Approved by Full Faculty October 22, 2018