Every study of lawyer competencies ranks communication high on the list of needed skills. NCBE's recent Practice Analysis, for example, ranked "written expression" as more important than knowledge of any doctrinal area. "Oral comprehension and expression" ranked almost as high (p 62). California's Practice Analysis, similarly, ranked creation of written documents as more frequent and critical than any other task performed by new lawyers (p 21).
The Building a Better Bar study elaborated on these findings by identifying five components of effective communication for new lawyers (pp 51-55):
Negotiation, the study found, is a particularly prevalent form of communication for lawyers--one that transcends practice areas. Litigators, transactional attorneys, and regulatory lawyers all spent significant time negotiating. New lawyers also noted the importance of negotiating with their colleagues, supervisors, and clients.
Written exams are capable of assessing some communication skills, especially if they require a variety of answer types. Standard essays do not typify the kind of communications lawyers regularly author, but written exams can require candidates to draft memos, emails, client letters, negotiation plans, and other documents. Coursework, clinics, or supervised practice can assess an even broader range of communication skills.