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Books > Law > Jurisprudence & general issues > Legal skills & practice > General
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.
Pandemics bring the world to a standstill. All economies are based on confidence, yet during and after a pandemic, uncertainty and fear abound. The entire professional services sector the world over - which includes law firms, accounting firms, brokerages, consulting firms, etc. - are cash-based, people-centric, and relationship-driven businesses. The rapid changes to relationships - both professional and personal - caused by a pandemic are structural and deep. The definition of "business as usual" is altered, and all professional services providers need to adapt and change quickly to respond to the new ways that employees, clients, and everyone else will behave, communicate, buy, and use their services in the future. The speed at which information travels will not slow down.
Designing a contract is often more of an economic than a legal problem. A good contract protects parties against opportunistic behavior while providing motivation to cooperate. This is where economics and, especially contract theory, may prove helpful by enhancing our understanding of incentive issues. The purpose of this book is to provide specific tools which will help to write better contracts in real world environments. Concentrating on moral hazard literature, this book derives a tentative checklist for drafting contracts. As an economic contribution to a field traditionally considered an art rather than a science, this treatment also gives much attention to methodological issues.
In an increasingly competitive landscape and with challenges from disrupters, the Big 4 and technology, business development has a pivotal role in a law firms' strategic success and their ability to stand out from the crowd. The second edition of Business Development: A Practical Handbook for Lawyers, edited by Stephen Revell from Freshfields, revisits the theory, tools and skills needed to implement effective business development in law firms today. Content covers the practical elements - such as what the perfect pitch looks like - as well as the strategic elements, including the variety of structures and approaches to business development at law firms of all sizes. New chapters focus on technology and digital presence, as well as key client relationship management and the importance of emotional intelligence in successful business development and client retention. Listening to clients is also a key factor in business development, but how often do we really do so? In this edition, client interviews remain an important feature, and we also hear from 10 new General Counsels on what successful business development looks like to them. Business Development: A Practical Handbook for Lawyers is a one stop-shop on business development for law firms, marketing teams and lawyers in private practice. It will also be of interest to in-house lawyers, academics and other professional services providers.
The Pocket Lawyer series is designed for members of the public who want 'how to' guidance in situations that would normally require expert advice. Each title: written by experts in their field contains all the information you need in one book has an accessible and user-friendly layout and structure is supported by a companion website providing free updates and ready-to-use documents and letters.
Contemporary legal reasoning has more in common with fictional discourse than we tend to realize. Through an examination of the U.S. Supreme Court's written output during a recent landmark term, this book exposes many of the parallels between these two special kinds of language use. Focusing on linguistic and rhetorical patterns in the dozens of reasoned opinions issued by the Court between October 2014 and June 2015, the book takes nonlawyer readers on a lively tour of contemporary American legal reasoning and acquaints legal readers with some surprising features of their own thinking and writing habits. It analyzes cases addressing a huge variety of issues, ranging from the rights of drivers stopped by the police to the decision-making processes of the Environmental Protection Agency-as well as the term's best-known case, which recognized a constitutional right to marriage for same-sex as well as different-sex couples. Fiction and the Languages of Law reframes a number of long-running legal debates, identifies other related paradoxes within legal discourse, and traces them all to common sources: judges' and lawyers' habit of alternating unselfconsciously between two different attitudes toward the language they use, and a set of professional biases that tends to prevent scrutiny of that habit.
Recent years have witnessed growing concern internationally in wellbeing and mental health across the legal community, a shift reflected in a host of initiatives, networks, reports and research studies. Changes to working patterns, generational shifts, and an increased interest in overall wellbeing have contributed to a growing movement towards better working practices - across all industries but particularly in high pressure professions such as law. The genesis of the lawyer wellbeing movement in the United States has spread to the UK, EU, Canada and Australia. In this opening chapter, Bree Buchanan, chair of the ABA Commission, covers the 2016 research regarding lawyer and law student impairment that served as the catalyst for creating the National Task Force on Lawyer Wellbeing. From this coalition of national organizations came the 2017 Report, which in turn launched a wide variety of national and state policy and practice innovations. Bree summarizes a snapshot of those developments.
If you're involved in drafting or amending legislation in the Commonwealth, the EU or beyond, you need a guide that will help you with both the traditional and modern techniques of drafting good quality statutory law. Thornton's Legislative Drafting is recognised as the leading professional title in this area, used and referred to by legal officers and drafters internationally. Completely refreshed and updated, the new sixth edition includes full coverage of contemporary drafting developments and advances. Fully updated and alongside the detailed, learned and professional guidance and examples of best, and bad, practice, the new 6th edition includes new chapters on: - Legislation as a Tool for Regulation - Transposition of EU Legislation - Pre- and post-legislative scrutiny: the lifecycle of legislation Thornton's Legislative Drafting helps the reader to: - Identify the aim of legislation as one of the regulatory tools - Align their concept of legislative quality with that of effectiveness of legislation - Use effectiveness as the criterion for resolving drafting dilemmas - Apply the effectiveness doctrine to all aspects of legislative drafting - Earn exposure to examples of best and bad practice drawn from a plethora of jurisdictions - Earn awareness of best practice in aspects of legislative drafting worldwide - Understand the "why" behind legislative conventions, thus becoming equipped with the tools for their application in practice.
Are you an attorney working hard, 60-plus, hours per week to right the wrongdoings of the world? Are you enjoying a successful legal career, but are still not wholly satisfied? We were all born artists. But what if the path to becoming an attorney circumvents that deeper inner calling to create? What if you want to do both - be an attorney and write novels? Attorney's quietly imagining themselves as the next John Grishom is more common that most people might think. Using Attorney by Day, Novelist by Night, anyone can indulge their dreams to create, bring more passion for life into their life, and find greater fulfillment - without abandoning their career as an attorney. Release your inner novelist by following Kimberly Benjamin's footsteps to discovering your inner muse. And most importantly, learn how to incorporate more time for writing while balancing the demands of a legal career.
With barely a week going by without news that yet another chief innovation officer has taken up residence in a global law firm, it's clear innovation is still a hot topic, continuing to grow and expand in terms of its reach within law firms. However, despite rapid advancement in recent years, it's generally acknowledged that legal is behind the curve in terms of innovation compared to the rest of the corporate world. It's also generally assumed that innovation relates purely to technology - meaning none but the largest companies with the deepest pockets can benefit from it. This insightful book features contributions from legal firms doing innovative things in all aspects of the field, going beyond the enabling technology - from partnering with clients to productizing services, developing external alliances, transforming the talent management function, to encouraging lawyers to invest billable time in new innovative approaches to the business and practice of law - as well as approaches to dealing with market disruption itself.
Setting up a family office is never an easy undertaking and can present numerous challenges for anyone seeking to steward assets for future generations or meet the complex needs of extended family members. This Special Report provides a practical guide to the main factors to consider when setting up a family office and helps families and their advisers navigate a path through the wide range of family office models in use today. In addition to a brief history of family offices and their evolution, the report covers how families can be encouraged to spend quality time thinking about their needs and aspirations - as well as their relationship to the family wealth - and explores how advisers can work alongside families most effectively. Written in an engaging, accessible style Setting Up a Family Office looks at who can benefit most from a family office and walks the reader through each key step in the process, including: *how to hire; *where to locate; *what structure to use; *how to ensure privacy and loyalty; and *the evolution of the office and the family. This report makes essential reading for anyone considering setting up a family office including advisers working alongside families on these key issues. Authors Barbara Hauser and Keith Drewery have decades of practical experience working with family offices, in all stages, and in many countries.
Some law students find jurisprudence daunting, impersonal, dry and seemingly detached from practical affairs. William Twining believes that many jurists have been fascinating people struggling with questions that are both historically significant and relevant to contemporary issues. This book brings together previously published essays that centre on three related themes: reading Juristic texts, the role of narrative in law, and relations between theory and practice. Building on a pragmatic view of jurisprudence, the author explores different ways of reading and using Juristic texts, to set them in context, to bring them to life and to engage with the reader's own concerns. He applies this approach to throw fresh light on four familiar figures - Holmes, Bentham, Hart and Llewellyn. Challenging limited agendas and parochial points of view, Twining outlines a programme for a broad approach to legal theory in the context of globalization. He satirizes some bad habits in jurisprudence and explores in depth how stories can be seductive vehicles for cheating in legal contexts, yet are essential for making sense of disputes about fact or law.
This publication is directed at both the attorney and the statistician to ensure they will successfully apply statistics in the law. The attorney will learn how best to utilize statistics while gaining an enriched understanding of the law on 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. Applying Statistics in the Courtroom: A New Approach for Attorneys and Expert Witnesses will increase the effectiveness of both the attorney and the statistician in presenting and attacking statistical arguments in the courtroom.
The Lawyer's Guide to the Future of Practice Management provides law firm leaders with expert opinion on the very latest guidance and market knowledge on what today's legal marketplace might look like tomorrow, organized into four crucial areas of practice management - technology, people and culture, finance and strategy - before taking a horizon-scan of the future, and what law firms need to be aware of in the coming months and years.
Mid-sized law firms in today's legal marketplace are often given three choices: merge, grow, or die. That's accepted wisdom. Mid-sized firms may try to compete for profitable corporate litigation, deals and other bread-and-butter work, but everyone knows they (1) don't have the IT and other systems heft to innovate with the big players (2) don't have the scale to market and compete for global business and (3) can't attract the talent they need to go head-to-head with Big Law on major work. But what if that's wrong? What if mid-sized firms are in an ideal position to fix what's wrong with law practice today? Competitive Strategies for Mid-Sized Law Firms - a collection of essays by and about mid-sized firms - offers a new perspective.
Details the rapidly growing field of dispute resolution This nuts-and-bolts guide offers a blueprint for developing the skills you need to master the often complex and emotionally charged process of family mediation. In a lively and entertaining style, Robert Coulson, former president of the American Arbitration Association and an internationally recognized expert in dispute resolution, presents exactly what training, marketing, and experience are needed to compete successfully in this rapidly growing field. The family mediation process is revealed, from the first step of persuading parties to mediate through the last details of nailing down a settlement. Current information is provided on many legal issues, including:
'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
Common-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on - and will prompt lawyers to pose fresh questions about - the common law tradition and the nature of judicial decision-making.
An authoritative and up-to-date introduction to the American legal system. In this sixth edition of his bestselling classic, Jay Feinman provides an authoritative and up-to-date overview of the American legal system. In the years since the publication of the fifth edition, there have been many important developments on the legal front. The Supreme Court has become more conservative and is in the process of handing down important decisions that will change the law on affirmative action, abortion, gun rights, presidential power, and religious rights. Feinman covers all of this and expands his discussion of originalism, the guiding philosophy of many conservative jurists serving on the federal bench now. He also addresses the rapidly changing legal landscape in a variety of issue areas: race and the criminal justice system, cryptocurrency, and tort reform, among others. This fully updated edition of Law 101 accounts for all these developments and more, as Feinman once again covers all the main subjects taught in the first year of law school. Drawing from noteworthy, infamous, and even outrageous examples and cases, he discusses every facet of the American legal tradition, including constitutional law, the litigation process, and criminal, property, tort, and contract law. A key to learning about the law is understanding legal vocabulary, and Feinman helps by clarifying terms like "due process" and "equal protection," as well as by drawing distinctions between terms like "murder" and "manslaughter." Above all, Feinman reveals to readers of all kinds that despite its complexities and quirks, the law can be understood by everyone. Perfect for students contemplating law school, journalists covering legislatures, or even casual fans of "court-television" shows, Law 101 is a clear and accessible introduction to the American legal system.
The European Union Fourth Anti-Money Laundering Directive is the most sweeping AML legislation ever to have been introduced in Europe. It aims to strengthen the existing rules, prioritising the fight against tax avoidance, money laundering and terrorism financing by reinforcing the necessity of measures such as risk assessments, setting clear requirements about beneficial ownership, and expanding the definition of a politically exposed person. This second edition of Anti-money Laundering Compliance for Law Firms is intended as both handbook and guide, advising on practical implementation of the Directive's mandates and assisting European law firms in remaining compliant. It will also act as a best-practice toolkit for firms practising beyond Europe. Featuring contributions from a range of experts in the field - from barristers specialising in financial crime to compliance experts and consultants - this timely publication provides the latest intelligence on successful adherence to the Fourth Directive, along with an anticipatory exploration into the possible effects of the upcoming Fifth Directive and changes within the regulatory landscape.
The contemporary legal landscape is no longer a rigid hierarchy composed of limited and complacent behemoths, but rather an ecosystem, filled with a wide variety of players that facilitate disruption and revolution and jostle for clients' attention with agility and innovation. This includes - but is certainly not limited to - entities such as technology companies, consultants, alternative legal service providers, and paraprofessionals. Law firms are not the only ones in this environment that must adapt or fail; the legal department and in-house counsel, too, must transform in order to remain relevant and competitive. The world of the general counsel (GC) has already seen massive shifts - ever-increasing globalization has meant more legal issues and corporate activism, which in turn has generated new challenges and heightened demand. The GC cannot simply act in the role of outsourcer of work to external counsel, as in the past. With the growth of legal departments (it is now not uncommon for legal departments to number in the hundreds or even thousands, often formed of expensive lateral hires) the GC must now wear a number of hats, including that of the "CEO" of their department. The introduction of data analysis into the legal space and the oft-repeated mantra of "less with more" has meant that the GC must now think in terms of spend and budget more than ever before, transforming the legal department from a cost-center to a value-add. They must cultivate a breadth and scope of vision, able to organize and lead their department as an innovator. The flourishing legal ops role also provides yet another challenge for the GC. As the incorporation of legal ops within the law department becomes increasingly essential, the GC must work to ensure alignment and manage change. The present time has been hailed as the golden age of in-house lawyering, yet - and perhaps because of this - it is an uncertain and challenging time for the GC. Tipping Point: Transformation and Innovation in the Legal Department is intended as a handbook for the GC looking to build a truly modern legal department and revolutionize their role. Encompassing aspects from leveraging influence with the c-suite to reimagining organizational hierarchies and seeking the right operational professional, this publication features contributions from those at the frontiers of the profession as it transforms and embraces new areas of expertise.
Much has been written about the pace of change facing the legal industry - how certain law firm functions are being replaced by artificial intelligence and new types of service providers, how accounting firms are looking to absorb and replace law firms, and how merging into worldwide mega firms of 3,000 to 10,000 lawyers is the only way to survive. Steve Jobs and others have called this evolution "creative destruction". Richard Susskind referred to it years ago as "the end of lawyers". It is true that the legal market is facing massive change. Technology, new ways of working, alternative methods of billing, and highly disruptive new entrants have all made their mark on the traditional legal business model. The Future of Law Firm Business Models takes a look at all these trends and more, horizon-scanning for future developments, and the ways in which these issues will fundamentally change the market.
Today's law firm is an entity in flux. Economic and technological disruption - along with a range of other factors - have contributed to this change, meaning that firms are not what they used to be. It is therefore a necessity that the way they are managed also needs to change. This means, among many things, the need to corporatize the running of the firm; a move away from the focus on the billable hour towards more intangible activities such as business development and marketing and - perhaps the most important factor - the development of a new kind of leader within the legal landscape. The new kind of leader now demanded by a transformed legal profession is not readily forthcoming, however. Legal culture stresses individualism and independence, which is reinforced by firm governance, practice management, and performance management systems that are ill-suited to foster supportive and collaborative leadership practices; lawyers are trained and conditioned to be combative, autonomous, and didactic. To position oneself as a contender in a fast-moving and competitive market, the legal leader of the future must push back against these trends by acting strategically, engaging in people management, investing in their employees, and creating a working environment that places emphasis on communication, teamwork, and growth and development. Legal leadership: a handbook for future success combines the latest and most relevant intelligence from those on the frontline of law firm leadership and management, to serve as the catalyst for change and the foundation on which a strong leadership practice can be built. Drawing on their expertise and experience, our authors - ranging from behavioral psychologists to senior management figures and pofessional coaches -present a wide range of competencies and strategies to cultivate as part of a leader's personal and professional development. Whether you are already a member of your firm's senior management, or in a junior position with big aspirations, Legal leadership: a handbook for future success provides the essential tools to equip you to become a leader of the future.
The organizational competence of project management provides a solid foundation for every activity conducted by a business and the practice of law. Legal project management (LPM) provides the discipline that enables lawyers and those who manage legal work - in law firms, law departments and alternate legal services providers - to define, demonstrate and deliver greater value by balancing the scope of work, time, and resources as they strive for optimal efficiency, outcomes and client satisfaction. Although many distinguish the business of law from the practice of law, innovators in legal project management take an integrated approach. In commercial and governmental settings, practicing law is not an academic exercise, nor an end in itself. Effective legal services address a client's business needs, opportunities and risk profile, and may also implicate public policy and legal precedent. The client experience is personal as well as professional. LPM provides a framework for meeting all these challenges. Innovations in Legal Project Management profiles those who have done the difficult work of harnessing the relevant aspects of legal project management as a strategy that is explicitly aligned to a law firm's or legal department's business objectives and culture. The authors describe communication strategies and techniques to train, coach and mentor those acquiring the skills to implement legal project management practices as a core aspect of the firm's business strategy, operations, quality legal services, and focus on the client experience. All the contributors to this book are professionals who continuously see around corners in improving the legal profession. They have created value for their firms, clients, and organizations; others have advanced the legal profession. They have systematically: - Used deep insights about particular clients to create new services and ways of doing things that impact the client's business goals; - Incrementally improved the speed, value (cost/margin), and quality/ benefits of the product or service they deliver; and/or - Relied on technology that is homegrown or highly customized to meet users' needs.
The past two decades have seen a rapidly growing involvement of
psychologists and psychiatrists in legal proceedings for criminal
cases, divorces, and traffic and industrial accidents. Mental
health professionals are traditionally not trained to cope with the
legal responsibilities that arise from their routine clinical work
and are eager to learn the professional skills that are needed in
forensic settings. There is presently no book which focuses
entirely on the strategies and verbal tactics employed by attorneys
who critically examine and challenge the testimony of mental health
professionals. If psychologists and psychiatrists can familiarize
themselves with the kind of questions and verbal exchanges that
take place in the courtroom, they would be better prepared to
provide their expertise in an effective manner. This book fills
that need. |
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