Competency and Practice Readiness: Part 2

Competency-Based Education in Practice: How CPLED Designed and Implemented a Competency-Based Bar Admission Training Program

Author: Paul Manning, LL.B., LL.M., CPLED Supervisor, Learning & Evaluation

This is the second article in a three-part series on competency-based education (CBE) in lawyer licensing and professional formation. The first article explained what CBE is and how CPLED’s Practice Readiness Education Program (PREP) is helping shape the future of lawyer licensing. This article uses PREP to explore how a competency-based approach informs program design, learning, and assessment.

Introduction

History of PREP’s Competency-Based Framework

PREP’s Alignment with CELP

PREP Structure

For each Capstone Evaluation, CPLED develops original, realistic assignments reflecting the work expected of entry-level lawyers across the three skill categories. Each Capstone includes three oral assignments: a simulated client interview, a peer-to-peer interest-based negotiation, and an oral advocacy submission. Written assignments assess legal writing, drafting, and research, as well as students’ ability to identify and address issues involving ethics, client relationships, and practice management. To demonstrate effective time management skills, consistent with the realities of legal practice, students must complete all six written assignments and video-record all three oral assignments within a set timeframe to demonstrate the required entry-level competencies.

Adult Learning and the Spiral Curriculum

Example: How PREP Assignments Assess CELP

CELP Domain, Competency, and Performance IndicatorRequired Components in Legal Writing Assignment
Domain 2: Communication  

2.1 Deliver clear and audience-centric communications  

Performance Indicators  
• Use plain language
• Use appropriate and logical organization and structure for communications
• Express concepts concisely, precisely, clearly and logically
“Facts” Criterion
• Clear, concise, and logical writing

“Audience” Criterion
• Use plain language at a level appropriate for the end-reader
• Use correct level of formality for the end-reader

“Effective” Legal Writing Criterion
• Write clearly and concisely
• Create and use defined terms consistently
• Appropriate use of headings to logically divide the submission    
Domain 5: Critical Thinking and Analysis  

5.1 Collect and evaluate all pertinent information

5.2 Conduct legal research

5.3 Perform legal analysis and develop strategy

Performance Indicators
• Identify relevant legal, practical or client issues
• Confirm, verify existence of, and note up case citations and legal authorities
• Interpret and evaluate substantive common law, statutes, regulations, rules, procedural matters, policy and theory
• Perform legal analysis and develop strategy
• Apply techniques of legal reasoning and argument to the findings or information gathered
• Draw reasonable conclusions considering the legal issues, relevant facts, and applicable law
• Clearly and accurately report research process and findings  
“Facts” Criterion
• Fact section identifies relevant facts (excludes irrelevant facts)    
“Issues” Criterion
• Issues set out as questions, specifically worded to the situation rather than a general statement

“Law” Criterion
• Relevant law and principles explained sufficiently for each legal issue
• Jurisdiction, priority, and applicability of case law considered
• Adverse authorities identified (where applicable)

“Analysis” Criterion
• Law applied to the specific facts of the client’s case
• Thorough analysis for each legal issue
• Analogy and distinction (how the law is similar/different from the facts)
• Sufficient and clear explanation of the application of the legal test and/or principles to the facts

“Conclusion” Criterion
• Conclusion for each legal issue that logically flows from the legal analysis
• If appropriate, includes a practical recommendation for next steps

“Citation” Criterion
• Properly cites all sources as per the McGill Guide or COAL
• Pinpoint footnote citations  

PREP Competence Levels

As noted above, students complete 16 assignments in the VLF phase and nine assignments in the Capstone Evaluation phase. The assessment framework includes five competence levels outlined in the table below, required components and learning outcomes, criteria that define each skill, and performance indicators that describe the behaviours that demonstrate each criterion.

The same competence levels apply in both the VLF and Capstone phases, and each assignment includes criteria for assessing the relevant competencies, supported by detailed learning outcomes and performance indicators from the competency framework. These measures help students identify their strengths and areas for improvement while giving assessors objective standards for evaluating performance. CPLED adopted the following indicators for each competence level:

Competence Indicators
Competency LevelCompetency RatingCompetency SummaryCompetency Description
Incomplete (INC)0Not yet competentThe assignment was not submitted, submitted after the deadline, or the wrong assignment was submitted.
Limited Competence (LC)1• The student demonstrates limited awareness of the competency.
• The student requires supervision and shows inconsistent adherence to established standards of practice.
• The student requires significant guidance and support, and the submission requires significant changes to meet the entry-level standard.
Developing Competence (DC)2• The student demonstrates an increasing awareness of the competency.
• The student applies the competency to a simple situation in a standard way and struggles with complex or unusual contexts.
• The student can perform the skill with some guidance and increasing independence.
• The submission requires moderate changes to meet the entry-level standard.
Entry-Level Competence (EC)3Competent• The student demonstrates understanding of the competency and its applicability to relevant contexts.
• The student applies the competency to situations of moderate scope and complexity and performs routine tasks independently.
• The submission meets the entry-level standard although minor revisions may be required before the document can be used in practice for its intended purposes.
Skilled Competence (SC)4• The student demonstrates a mature understanding of the knowledge related to the competency.
• The student applies the competency independently, in difficult contexts, solves problems and considering the application of the competency beyond the basic fact pattern.
• The submission exceeds the entry-level standard and can be used in practice for its intended purposes without revision.

Conclusion

The Practice Readiness Education Program (PREP) demonstrates how competency-based education can be put into practice within a lawyer licensing program, from curriculum and learning design to the development of assessments, to progressive skill development, authentic practice, feedback, and the final evaluation for successful program completion. Its alignment with CELP builds on that foundation by connecting each stage of the program to a shared understanding of the competencies required of lawyers entering practice.

By giving candidates structured opportunities to apply their knowledge, develop professional skills, exercise judgment, and demonstrate competence, PREP helps make the transition from legal education to practice more deliberate. Professional formation continues throughout a lawyer’s career, and competency-based licensing provides a foundation for that continued development. Together, these elements demonstrate how PREP can serve as a practical and effective competency-based component of the lawyer licensing process.