Partner compensation and how partners share profits is central to the cohesive fabric of any professional partnership. While one adage says that "there are as many profit-sharing systems as there are partnerships", there has recently been the emergence of a global practice about what "merit" means and how risk and reward are shared among partners in professional service firms. In The Partner Remuneration Handbook, Michael Roch and Ray D'Cruz provide guidance for senior partners, managing partners, partnership boards, remuneration committees and others involved in the partner compensation process (department heads, CFOs, HRDs), on designing effective profit-sharing systems, reaching fair reward decisions efficiently and implementing motivating contribution management processes. Filled with practical insights, this book draws on principles of partnership, motivation and incentives in human capital management, and executive compensation in closely held businesses. Looking beyond the numbers, the authors balance the big picture with a detailed how-to for any professional partnership irrespective of geography, size and maturity. This title encompasses three core elements: Exploring the different partner reward systems found in most professional firms. Showing how partnerships define and discuss partner contribution commitments that further the firm's overall strategic, operational and financial objectives. Providing decision-making guidance about marrying reward to performance and on Remuneration Committee governance. It also addresses a myriad of special topics, such as rewarding partners in management roles, and provides a proven approach for how firm leaders can take partners with them on the journey of evolving their partner compensation system.

Published in 1996, this book presents an innovative method for studying the work of professionals with clients that was applied to an evaluation study of legislation and of lawyers working with clients seeking a divorce. With the simulated client methods, the researcher plays the role of simulated or hypothetical clients with predetermined characteristics who are consulting a lawyer, the research subject. The research is carried out in the natural setting of the lawyer's office and the lawyer conducts business as usual. The method overcomes problems of access due to client confidentiality that are commonly found in research of professional groups. It is a qualitative but focused method for evaluation research which has strengths for making comparisons across professional practice. The book will be useful to those conducting research on professionals and other elite groups working with clients as well as those interested in the socio-legal study of legal professionals. This book was originally published as part of the Cardiff Papers in Qualitative Research series edited by Paul Atkinson, Sara Delamont and Amanda Coffey. The series publishes original sociological research that reflects the tradition of qualitative and ethnographic inquiry developed at Cardiff. The series includes monographs reporting on empirical research, edited collections focussing on particular themes, and texts discussing methodological developments and issues.

The field of Legal translation and interpreting has strongly expanded over recent years. As it has developed into an independent branch of Translation Studies, this book advocates for a substantiated discussion of methods and methodology, as well as knowledge about the variety of approaches actually applied in the field. It is argued that, complex and multifaceted as it is, legal translation calls for research that might cross boundaries across research approaches and disciplines in order to shed light on the many facets of this social practice. The volume addresses the challenge of methodological consolidation, triangulation and refinement. The work presents examples of the variety of theoretical approaches which have been developed in the discipline and of the methodological sophistication which is currently being called for. In this regard, by combining different perspectives, they expand our understanding of the roles played by legal translators and interpreters, who emerge as linguistic and intercultural mediators dealing with a rich variety of legal texts; as knowledge communicators and as builders of specialised knowledge; as social agents performing a socially-situated activity; as decision-makers and agents subject to and redefining power relations, and as political actors shaping legal cultures and negotiating cultural identities, as well as their own professional identity. Chapter 2 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license. https://tandfbis.s3-us-west-2.amazonaws.com/rt-files/docs/Open+Access+Chapters/9781138492103_oachapter2.pdf

This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer's analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.

'The most gripping and satisfying thriller I've read in more than a decade' Sophie Hannah 'One of the best legal thrillers ... as elegant and gripping as Scott Turow's Presumed Innocent' Daily Mail 'Quite the tour de force! Twelve Angry Men meets Chinatown and creates something of its own' Sarah Pinborough 'This is a tense, emotionally charged, scary-good, stand-out read' Caroline Kepnes ********** MAJOR TV SERIES COMING SOON - FROM THE PEOPLE WHO BROUGHT YOU NETFLIX'S UNBELIEVABLE... One juror changed the verdict. What if she was wrong? 'Ten years ago we made a decision together...' Fifteen-year-old Jessica Silver, heiress to a billion-dollar fortune, vanishes on her way home from school. Her teacher, Bobby Nock, is the prime suspect. It's an open and shut case for the prosecution, and a quick conviction seems all but guaranteed. Until Maya Seale, a young woman on the jury, persuades the rest of the jurors to vote not guilty: a controversial decision that will change all of their lives forever. Ten years later, one of the jurors is found dead, and Maya is the prime suspect. The real killer could be any of the other ten jurors. Is Maya being forced to pay the price for her decision all those years ago? ********** 'Plunge a syringe filled with adrenaline into the heart of Twelve Angry Men and you've got The Holdout: the first legal thriller in thirty years - ever since Presumed Innocent and A Time to Kill electrified readers the world over - to rank alongside those two modern classics.' AJ Finn 'A page-turning legal thriller with a twisty and absolutely riveting plot ... plus a strong and compelling female heroine. You won't be able to put this one down!' Lisa Scottoline 'Clever, well-written and twistier than a can of silly-string. You absolutely need to read The Holdout!' Emma Kavanagh 'Amazing thriller, deserves to be one of the biggest books of 2020' Michelle Davies 'Terrific, twisty and well-structured thriller' Adele Geras

An argument for the constitutional responsibility to participate in jury duty It's easy to forget how important the jury really is to America. The right to be a juror is one of the fundamental rights guaranteed to all eligible citizens. The right to trial by jury helped spark the American Revolution, was quickly adopted at the Constitutional Convention, and is the only right that appears in both the Constitution and the Bill of Rights. But for most of us, a jury summons is an unwelcome inconvenience. Who has time for jury duty? We have things to do. In Why Jury Duty Matters, Andrew Guthrie Ferguson reminds us that whether we like it or not, we are all constitutional actors. Jury duty provides an opportunity to reflect on that constitutional responsibility. Combining American history, constitutional law, and personal experience, the book engages citizens in the deeper meaning of jury service. Interweaving constitutional principles into the actual jury experience, this book is a handbook for those Americans who want to enrich the jury experience. It seeks to reconnect ordinary citizens to the constitutional character of a nation by focusing on the important, and largely ignored, democratic lessons of the jury. Jury duty is a shared American tradition. It connects people across class and race, creates habits of focus and purpose, and teaches values of participation, equality, and deliberation. We know that juries are important for courts, but we don't know that jury service is important for democracy. This book inspires us to re-examine the jury experience and act on the constitutional principles that guide our country before, during, and after jury service.

As F Scott Fitzgerald wrote in The Great Gatsby, "the rich are different" and face unique challenges - this is perhaps especially true today. Countries are racing to disclose bank accounts to garner more tax income and the politics of being in the "1% club" are not always positive. Yet these are important clients with important needs. This comprehensive new handbook, featuring contributions by leading private client advisers, includes chapters on topics including: *the importance of having a detailed, organised balance sheet; *buying very substantial properties; *choosing a country of residence; *managing cross-border taxes; *protecting assets from marital claims; *understanding trust documents; *creating a private trust company; and *setting up a family office. In addition, this book explores risk and reputation management, addresses diminished capacity and provides an evaluation of the wealth infrastructure, the philanthropic framework and the future of global investing. Edited by Barbara Hauser, Editor of The International Family Offices Journal and the new edition of Family Offices: The STEP Handbook for Advisers, this new handbook will provide essential reading for all private client advisers, wherever they are based.

Effective Legal Interviewing and Counselling is a guide for all scholars of law, whether new to practice or experienced, to acquire or enhance the skills required to build and to maintain client rapport in professional practice. The book explains the importance of good interviewing and counselling and includes strategies, practical examples and common mistakes. Hypothetical exchanges between attorneys and clients demonstrate these skills, encouraging the reader to see an interview as a dynamic whole, but also part of the entire process of effective practice.

This publication is directed at both attorneys and statisticians to ensure they will work together successfully on the application of statistics in the law. Attorneys will learn how best to utilize the statistician's talents, while gaining an enriched understanding of the law relevant to audits, jury selection, discrimination, environmental hazards, evidence, and torts as it relates to statistical issues. Statisticians will learn that the law is what judges say it is and to frame their arguments accordingly. This book will increase the effectiveness of both parties in presenting and attacking statistical arguments in the courtroom. Topics covered include sample and survey methods, probability, testing hypotheses, and multiple regression.

Relationships are top-of-mind for in-house lawyers today. Inherent tension in the relationship between in-house lawyers and their organisation, which is both their client and their employer, and the increasing scrutiny of in-house lawyers due to recent corporate and political scandals has put pressure on the management of their relationships with themselves, their teams and their client organisations. Appositely, CEOs, NEDs and boards not only struggle to navigate their relationship with in-house lawyers but also are often unaware of the underlying systemic problems in the function and profession, which can adversely affect organisational sustainability. This book shows how in-house lawyers across the world can better manage their relationships with themselves and others, and how their client organisations can reciprocate. The main theme throughout is that reframing relationships, and then making small changes in them, can together have a big impact on individual fulfilment, organisations and society. Key features of this title include: Exploration of the evolution of the legal function; Diagnostics and tools to assess and manage relationships with boards, law firms and the ESG movement; Strategies to address common relationship issues with key individuals including the CEO, CFO, compliance, the Group GC and other in-house lawyers; Guidance on allaying career concerns and dealing with an overwhelming workload which threatens work–life balance; and The nature of leadership as it pertains to the legal function. Written by Ciarán Fenton, who has worked with hundreds of in-house lawyers as well as CEOs, chairs and boards all over the world, The Modern In-house Lawyer draws on the author’s own consulting experience and successes and failures in relationship management – including case studies demonstrating what works, and what doesn’t – and the insights of other academics and experts. It provides in-house lawyers at all levels, members of the c-suite and private practice lawyers with the principles, tools and models to manage their key relationships and enhance their work.

Judicial Education has greatly expanded in common law countries in the past 25 years. More recently it has become a core component in judicial reform programs in developing countries with gender attentiveness as an element required by donor agencies. In civil law jurisdictions judges schools have long played a role in the formation of the career judiciary with a focus on entry to the judicial profession, in some countries judges get an intensive in-service education at judicial academies. Gender questions, however, tend to be neglected in the curricula. These judicial education activities have generated a significant body of material and experience which it is timely to review and disseminate. Questions such as the following require answers. What is the current state of affairs? How is judicial education implemented in developed and developing countries all around the world? Who are the educators? Who is being educated? How is judicial education on gender regarded by judges? How effective are these programs? The chapters in this book deal with these questions. They provide a multiplicity of perspectives. Six countries are represented, of these four are civil law countries (Germany, Argentina, Japan, Bosnia and Herzegovina) and two are common law countries (Canada; Uganda). This book was previously published as a special issue of International Journal of the Legal Profession.

Whilst educational theory has developed significantly in recent years, much of the law curriculum remains content-driven and delivered traditionally, predominantly through lecture format. Students are, in the main, treated as empty vessels to be filled by the eminent academics of the day. Re-thinking Legal Education under the Common and Civil Law draws on the experience of teachers, practitioners and students across the world who are committed to developing a more effective learning process. Little attention has, historically, been paid to the importance of the application of theory, the role of reflective learning, the understanding and acquisition of lawyering skills and the development of professional responsibility and wider ethical values. With contributions from across the global north and south, this book examines the history of educating our lawyers, the influences and constraints that may shape the curriculum, the means of delivering it and the models that could be used to tackle current shortcomings. The whole is intended to represent what might be desirable and possible if we are to produce lawyers that are fit for purpose in the 21st century, be that in either in civil or common law jurisdictions. This book will be of direct assistance to those who wish to understand the theory and practice of legal pedagogy in an experiential context. It will be essential reading for academics, researchers and teachers in the fields of law and education, particularly those concerned with curriculum design and developing interactive teaching methods. It is likely to be of interest to law students too - particularly those who value a more direct engagement in their learning.

Central to the identity of the American legal profession are its systems of self-regulation. Throughout history, the legal profession has tried to hold tight to its traditional values and structure during times of self-identified crisis. The American Legal Profession in Crisis: Resistance and Responses to Change analyzes the efforts of the legal profession to protect and maintain the status quo even as the world around it changed. James E. Moliterno argues that with striking consistency, the profession has resisted the societal change happening around it, and sought to ban or discourage new models of legal representation created by such change. In response to every crisis, lawyers asked: "How can we stay even more 'the same' than we already are?" The legal profession has been an unwilling, capitulating entity to any transformation wrought by the overwhelming tide of change. Any proactive changes were mostly levied against the newest members of the legal community in order to preserve the status quo, so that when the legal profession did have to change, it did so only because the changes in society, culture, technology, economics, and globalization could not be denied. This book will demonstrate how the profession has held to its anachronistic ways at key crisis points in US history: Watergate, communist infiltration, arrival of waves of immigrants, the litigation explosion, the civility crisis, and the current economic crisis that blends with dramatic changes in technology and communications and globalization. Ultimately, the author urges the profession to look outward and forward to find in society and culture the causes and connections with these periodic crises. Doing so would allow the profession to grow with the society, solve problems with, rather than against, the flow of society, and be more attuned to the very society the profession claims to serve.

Legal English: How to Understand and Master the Language of Law offers a contemporary guide for students and practitioners alike who want to improve their language skills and build confidence in communicating effectively from the classroom to the courtroom. The second edition has been completely revised and updated to cover all aspects of language as used in a legal context where effective communication is crucial to both academic and professional success.

Whilst educational theory has developed significantly in recent years, much of the law curriculum remains content-driven and delivered traditionally, predominantly through lecture format. Students are, in the main, treated as empty vessels to be filled by the eminent academics of the day. Re-thinking Legal Education under the Common and Civil Law draws on the experience of teachers, practitioners and students across the world who are committed to developing a more effective learning process. Little attention has, historically, been paid to the importance of the application of theory, the role of reflective learning, the understanding and acquisition of lawyering skills and the development of professional responsibility and wider ethical values. With contributions from across the global north and south, this book examines the history of educating our lawyers, the influences and constraints that may shape the curriculum, the means of delivering it and the models that could be used to tackle current shortcomings. The whole is intended to represent what might be desirable and possible if we are to produce lawyers that are fit for purpose in the 21st century, be that in either in civil or common law jurisdictions. This book will be of direct assistance to those who wish to understand the theory and practice of legal pedagogy in an experiential context. It will be essential reading for academics, researchers and teachers in the fields of law and education, particularly those concerned with curriculum design and developing interactive teaching methods. It is likely to be of interest to law students too - particularly those who value a more direct engagement in their learning.

"Risks, Reputations, and Rewards" looks at a variety of interrelated questions about contingency fee legal practice: What is the nature of the contingency fees that lawyers charge? How do lawyers get and screen potential cases? How do contingency fee lawyers interact with their clients and opponents? What is involved in settling these cases? What types of returns do contingency fee cases produce? And what role does reputation play in contingency fee practice? The author argues that to be successful, contingency fee lawyers must generate a portfolio of cases, similar to an investment portfolio with its associated risk. This has a significant impact on how contingency fee lawyers obtain and select cases, manage their work, and deal with the pressures that arise in settling cases. More important, understanding the work of contingency fee lawyers in terms of an ongoing practice rather than in terms of individual cases mitigates some of the significant conflicts that may exist between lawyers and clients.

Legal prose is often a more pedestrian venture than a novel or a poem. However, even the pedestrian can be done well. The views of the professional writers considered in this book identify how lawyers can write legal prose well, and sometimes even beautifully. This book provides key lessons on legal writing that can be gleaned from various leading authors of the past and brought to bear in crafting more polished legal texts. Among the great authors considered are Joseph Conrad, Guy de Maupassant, E.M. Forster, Thomas Hardy, Henry James, D.H. Lawrence, Robert Louis Stevenson and Virginia Woolf. Central themes identified are: Legal writing should never be too difficult to understand; Great writers have much to teach the legal writer; Good writing requires hard work; Professional jargon is generally best avoided; and The truth is always pure, often simple, and generally best expressed in plain English. This book contains invaluable guidance to help all those involved in legal writing to hone their writing skills, while providing an engaging tour through the works of great authors from the past. All after-tax author royalties from this book will be donated to the Ukrainian relief efforts of the International Red Cross and Red Crescent movement.

This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers", Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international". This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others - an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

This book covers legal dissertation level research, embracing both LL.B. and the specific demands of LL.M. dissertations. Adopting a highly practical approach, this book shows the reader how to research and write a dissertation, covering the various stages - planning, identifying key issues, utilising the appropriate research methods, time management issues, and managing one's supervision. KEY FEATURES * Shows how to avoid common stylistic and substantive pitfalls * Discusses the character and pros and cons of adopting law and policy methods for defining the issues and conducting legal research - including black letter, socio-legal, interpretive, experiential * A running example throughout the text illustrates the various points made in each section and provides continuity

The basics of legal research, analysis, and writing in a practical, relevant approach Legal Research, Analysis, and Writing gives students the essential knowledge and tools they need to research and analyze a legal problem and communicate the results in diverse forms of legal memoranda. Covering both traditional and free Internet research, the book's practical, relevant approach provides a number of outstanding teaching and learning aids, among them short memos with hypothetical factual situations for students to research, research and writing exercises and assignments, writing examples and exercises, online research exercises, citation exercises, numerous sample pages and screenshots, legal research problems with answers, checklists for research and writing, and an Instructor's Manual. The Sixth Edition updates and expands many of the examples and exercises used throughout the text to give students the latest information available.

Strategies for gathering and harnessing knowledge have existed in law firms for decades. However, knowledge management suddenly found itself in the spotlight as a result of the COVID-19 pandemic. Enforced remote working reduced opportunities for knowledge sharing between colleagues and this gap was filled with knowledge databases and experienced knowledge lawyers. Now that hybrid and virtual workforces are here to stay, these new working practices have combined with technological developments, enhanced demand, and the transformation of how to access knowledge to drive the advancement of knowledge management into a new era. Knowledge Management in Law Firms: Challenges and Opportunities Post-Pandemic is the essential guide to the evolution of law firm knowledge management. It covers how to revisit your strategy in light of recent and future changes, the expansion of knowledge management to encompass legal tech and innovation, the rise of the importance of data, strategies for overcoming the challenges hybrid and virtual working pose to knowledge management, managing knowledge teams, and much more. Chapters are written by an international group of KM experts from a range of organisations and leading law firms, including DLA Piper, Linklaters, and Dentons. Pandemic experiences and lessons learnt are shared as well as ways to approach the future. Knowledge is at the heart of the legal profession, and this book provides guidance on how to prepare for and thrive in the knowledge management practices of the future, overcoming the obstacles and embracing the opportunities that have arisen from or been accelerated by the pandemic. Through demonstrating how effective knowledge management can help firms exceed client expectations, differentiate themselves in the competitive market, and, ultimately, improve their bottom line, this title will be of interest to knowledge management professionals including professional support lawyers, law firm leaders, partners and fee earners, and, outside of law firms, in-house lawyers and consultants.

"A readable and enjoyable book of interest to the lay public, litigators and aficionados of trials alike...well worth reading."
-- "CBA Record"

"Delightful and insightful...He knows how to tell a story, and he knows that facts depend on perceptions."
-- "ABA Journal"

"Lubet's ability to downplay advocacy techniques while emphasizing the rich context of facts, story, and personalities is superb"
--"Choice"

"A delightful and insightful book [that] entertains as it instructs."
--"ABA Journal"

"This excellent set of essays, both scholarly and imaginative, offers a rare bridge between the parallel universes of legal scholarship and courtroom practice. There is no better guide to the enterprise of storytelling in the law than Steve Lubet."
--Marianne Wesson, Professor of Law, University of Chicago

Lubet's Nothing But The Truth presents a novel and engaging analysis of the role of storytelling in trial advocacy. The best lawyers are storytellers, he explains, who take the raw and disjointed observations of witnesses and transform them into coherent and persuasive narratives.

Critics of the adversary system, of course, have little patience for storytelling, regarding trial lawyers as flimflam artists who use sly means and cunning rhetoric to befuddle witnesses and bamboozle juries. Why not simply allow the witnesses to speak their minds, without the distorting influence of lawyers' stratagems and feints?

But Lubet demonstrates that the craft of lawyer storytelling is a legitimate technique for determining the truth andnot at all coincidentallyfor providing the best defense for the attorney's client. Storytelling accomplishes three important purposes attrial. It helps to establish a "theory of the case," which is a plausible and reasonable explanation of the underlying events, presented in the light most favorable to the attorney's client. Storytelling also develops the "trial theme," which is the lawyer's way of adding moral force to the desired outcome. Most importantly, storytelling provides a coherent "story frame," which organizes all of the events, transactions, and other surrounding facts into an easily understandable narrative context.

As with all powerful tools, storytelling may be misused to ill purposes. Therefore, as Lubet explains, lawyers do not have carte blanche to tell whatever stories they choose. It is a creative process to be sure, but every story must ultimately be based on "nothing but the truth." There is no room for lying.

On the other hand, it is obvious that trial lawyers never tell "the whole truth," since life and experience are boundless and therefore not fully describable. No lawyer or court of law can ever get at the whole truth, but the attorney who effectively employs the techniques of storytelling will do the best job of sorting out competing claims and facts, thereby helping the court arrive at a decision that serves the goals of accuracy and justice.

To illustrate the various challenges, benefits, and complexities of storytelling, Lubet elaborates the stories of six different trials. Some of the cases are real, including John Brown and Wyatt Earp, while some are fictional, including Atticus Finch and Liberty Valance. In each chapter, the emphasis is on the narrative itself, emphasizing the trial's rich context of facts and personalities. The overall conclusion, as Lubet puts it, is that"purposive storytelling provides a necessary dimension to our adversary system of justice."