NextGen UBE: Foundational Skills (Negotiation and Dispute Resolution, Client Relationship and Management)

There are four categories of "foundational skills" that the NextGen UBE aims to test:

Group A: Issue Spotting and Analysis, Investigation, and Evaluation

Group B: Client Counseling and Advising, Negotiation and Dispute Resolution, Client Relationship and Management

Group C: Legal Research

Group D: Legal Writing and drafting 

This post will focus on Group B: According to the NCBE, the purpose of Group B is to assess the extent to which an examinee can identify lawyering strategies within the lawyer-client relationship, based on the relevant rules and standards and consistent with a client's objective, interests, and constraints. The specific tasks that will be tested to measure this purpose are as follows: 

~Identify which claims to recommend bringing. which remedies to recommend seeking, which evidence to present, which arguments or defenses to raise, or how to respond to arguments or defenses, and in a transactional matter which provisions to recommend including, based on the relevant legal rules and standards and consistent with a client's objectives, interests, and constraints. 

~In a matter requiring review of provided materials, such as police reports, interview excerpts, or discovery, identify gaps in information obtained, suggestions for improvement, and/or grounds for objection (if applicable).

~Identify two factors that favor a client's position or two factors that favor an opposing party's position in a matter. 

~Identify two benefits or two drawbacks of a proposed resolution of a dispute, consistent with a client's objectives, interests, and constraints. 

~Identify potential terms of a contract or settlement agreement that could advance negotiation or resolution.

~In a matter in which a client has multiple stated objectives, explain why a legal rule or principle, as applied to the client's situation, may make one of those stated objectives attainable or unattainable. 

~Determine the best strategy to identify the client's needs and achieve the client's goal and objectives.

It's worth noting that the Group B skill is also where a small selection of the Model Rules of Professional Conduct will be tested.