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Books > Law > Jurisprudence & general issues > Legal skills & practice > General
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.
The role of the professional support lawyer (PSL) first emerged in the early- to mid-1990s amongst London's Magic Circle, and quickly became essential for mid-size and even smaller firms. However, this golden period for the PSL came to an abrupt end with the global financial crisis and the subsequent recession, which rocked the legal landscape; the greatest shockwaves were inevitably felt by legal support teams, as many firms sought to maintain profitability by shifting their focus to fee-earners and cutting what was quickly perceived as superfluous business functions. The slow but steady recovery of the economy and the consequent pick-up of client demand since then has meant that the importance of PSLs to law firm operations has once again been recognised. However, the legal profession is not the same as it was before the recession; this is reflected in not only the changes in what is expected from fee-earners, but also support staff such as PSLs. Traditionally seen as a backstage position that mainly involved administrative work and the drafting of precedents, the PSL role is rapidly transforming. A PSL cannot only contribute to a firm's competitive edge by providing the traditional technical expertise; it has now become essential to perform tasks ranging from involvement in business development to the provision of training, the capture and dissemination of knowledge, product selection, and project management. This kind of flexibility is a quality that has made the role of the PSL attractive to those seeking an alternative to legal practice; however, it brings its own challenges. With such a wide variety of responsibilities and functions, it can be difficult to find relevant information on what career development might look like, or the skills needed for the progression. Identifying current issues and future challenges, too, is rendered problematic by this versatility. The Evolving Role of the PSL aims to fill this information gap.
Created by programmers from the mid-90s onwards and launched by technology disruptors in 2008 on the back of the biggest corporate failings in trust and honesty the modern world has seen, Blockchain collects facts as diverse as Wikipedia and churns them out as randomly as Alexa in a playschool. Heralded as the next big thing, blockchain has the potential to radically change the way lawyers work, and even threaten their very existence. So, what is it, and how does it work? This book, featuring opinions and experience from some of the most knowledgeable thought leaders on the subject, aims to cut through the hype and explore the many different facets of blockchain, and what it will mean for the legal profession.
The legal profession, like so many other fields, has continued to reel from the deep-reaching and significant impact of the 2008 financial crisis. In the years following the crash, a general downward turn in the demand for legal services compelled firms to tighten their belts, make tough decisions, and come up with innovative strategies in order to survive. One of these was an increased focus on profitability and different means of managing and improving it, a relatively new development for the legal industry. However, in recent years there have been small but positive signs of improvement, manifested in a gradual pick-up in client engagement, as global economies continue to slowly but steadily recover from the crash. It is definitely a better time to be a lawyer, as latent demand begins to manifest in parallel with growing client confidence in a stabilizing market, fast-paced disruptive technological innovations, and significant changes in laws and regulations. However, this does not mean that firms can afford to be complacent. The legal landscape continues to be in flux, and improvement is slow. Increased revenue and client demand does not come to firms that do not proactively seek it, nor is it achieved by those who are not applying innovative and cutting-edge techniques and strategies to the management of their firm. Of course, delivering the best service to clients should always be a top priority; however, there should also be an emphasis on running the firm like a business, which includes intensive scrutiny of expenditure and coming up with new and inventive ways to generate profit. Managing and growing a firm's profitability should not just be an exercise for difficult economic periods, but instead must be a priority at all times. Rather than being perceived as an irksome bolt-on, it is necessary to see it as a great opportunity in these times of increased business. Existing and persistent cultural norms amongst lawyers, however, means that the reform of current business practices does not always come naturally. Nor is it necessarily easy to find the right practical advice that can carry a firm through the transition. Emerging Approaches to Law Firm Profitability aims to be the ideal tool to assist with implementation, providing essential guidance for those seeking new means of maximizing their firm's capacity. Featuring advice and reflections from a wide variety of contributors, ranging from business and finance professionals to thought leaders and consultants, this book offers in-depth, intensive insight into the challenges generated by today's dynamic and hypercompetitive legal landscape. Most importantly, Emerging Approaches to Law Firm Profitability moves past the identification of these obstacles and supplies original, innovative ways of tackling them. Expert guidance is complemented by compelling case studies and effective real-world examples, supplying principles that can be applied to firms of any size or capacity.
The issue of underperformance at partner level remains incredibly agonising and sensitive in law firms. Low demand for legal services has been compounded by an increase in the competitive forces both inside and outside the legal profession. Life has become even more difficult for partners, for whom performance demands have increased at the same time as the availability of work has tailed off. Underperformance continues to affect law firms in many ways, not least of which are diminished profitability, loss of opportunity, the disaffection of high performers, challenges to the firm's values and falling morale. What is more, underperformance has to be seen not just in terms of productivity but also in terms of a more holistic approach to a firm's standards. Drawing on original and academic research from the past 8 years, and featuring contributions from law firm performance experts including Edwin Reeser, Angus Lyon, and Patrick McKenna, author Nick Jarrett-Kerr's highly anticipated Tackling Partner Underperformance 2nd Edition covers topics including: *Trends in partner performance *Understanding why partners underperform or are underproductive *Judging, rating and evaluating partners *Aligning performance with partner compensation and rewards *Supporting and rehabilitating underperforming partners *Stress and mental illness impact on performance *Systems for partner performance management *Underperformance culture *Governance, communication and conflict management *And more. Tackling Partner Underperformance 2nd Edition is arguably the most comprehensive study ever undertaken into partner underperformance in law firms, and those firms (regardless of size and location) who utilize and implement the information, advice and practical strategies for addressing this issue, will see significant differences in their productivity and ultimately profitability.
The discipline of knowledge management (KM) continues to evolve along with our ability to record larger and more varied kinds of information than ever before. Since its inception in the 1990s, it has passed through several stages, quickly becoming a credible field, and now an integral part of major businesses worldwide. Now, many have started to argue that KM is undergoing resurgence, possibly even transforming into KM 3.0, thanks to developments in artificial intelligence (AI). And, while AI has been around for many years, it has become a buzzword in the industry as questions loom over what it could mean for the labor market of the future. Adoption has been relatively slow in the legal profession, owing in part to its conservative nature, individual-focused training and no real incentive to overhaul the hourly billing model1. When in-house legal teams can exceed 1,000 people, sharing and reusing knowledge can easily become inefficient, with counsel often needlessly paying for the same research twice. Global intelligence software leader Comintelli estimates that $8.5 billion per year is lost between Fortune 500 companies alone on poor KM2, up from $31.5 billion in 20043, suggesting a recent rise in the number of firms embracing the concept. Despite this, there are still challenges posed to the legal world, and sharing insight is more vital than ever, not only within companies but between them. Innovations in Legal KM explores the endeavors of various legal firms - the problems they have faced, and the solutions they have developed - to improve their KM processes, and, ultimately, their bottom line.
Time - as they say - is money. It is not an uncommon fact that lawyers today spend unnecessary amounts of time seeking out information, and therefore unnecessary amounts of money. In well-established fields, change is often slow; perhaps none more so than in the legal world. Though progress is being made, uptake has been rather slow, much to the dismay of those in the information management business. Conversely to its cousin, case management, matter management should be thought of more in terms of low-volume but high-value information. The process thus lends itself nicely to forming centralized systems within organizations. It is so pervasive as to allow users to make decisions (e.g. conflict resolution) before matters are even opened, and can maintain a high level of time data accuracy and transparency via unalterable fundamental data. From innovative and simple interfaces to enhanced reporting tools, from notification systems to customizable workflows, triumphs within matter management have enabled companies to become more efficient by saving time and money, and to engage stakeholders in a meaningful way. Redefining Matter Management: A Best Practice Guide to Improving Processes and Profitability is a collection of case studies that highlights some of the most important achievements and ideas in the field today.
Paying For Residential Care: A Guide For Private Client Practitioners is authored by Austin Thornton, co-author of the previous editions of this title. The new edition is a complete rewrite, which has been necessitated by the introduction of the Care Act 2014 and the repeal of the previous law. In a departure from the second edition, the book includes a full section on the legal basis for NHS continuing care eligibility and how to pursue appeals. It provides comprehensive cover of the Care and Support (Charging and Assessment of Resources) Regulations 2014, and will assist advisors in risk assessing the use of family trusts. It is hoped that this work will allow those advisors who are prepared to put in the work necessary to learn the material to make a decent job of arguing with councils and the NHS on the range of topics that are covered. The ultimate aim of this book is therefore to assist the public by enabling lawyers and other advisors to assist them.
Successfully managing a change initiative is no simple feat, regardless of the size of the firm - distilling the process of change into a workforce takes careful planning and support. Change is stressful and difficult for people to process and accept, as we often cling to what we know. This is especially true of lawyers, who are notoriously averse to change. However, the legal sector has begun to rapidly transform - and the firms that don't change with it are going to struggle to stay relevant. In these turbulent times for firms, change initiatives must be properly managed to ensure the whole firm can successfully shift to the new norm and stick to it. Without the proper support and management, a firm runs the risks of alienating their workforce - who will not take well to sudden and imposed change. Managing Legal Change Initiatives looks to illustrate the best methods of introducing and managing change in a sector that is known for being adverse to it. The book highlights the critical obstacles and pitfalls that law firms will face during transitional periods, and outlines some of the best methods of approaching organizational change; from building a change framework to follow, to encouraging a shift in partner behavior through the compensation strategy. This new book also explores why change is so difficult for individuals - with discussion of the neuroscience behind change, and the role of emotional intelligence in leaders to help garner a transformation. With the disruptions to legal services predicted to continue for some time, it will be those firms who adapt, put into place, and act upon a change management strategy that will be the ones capitalize on changes to come.
The pricing of legal services is no longer simply about setting rates. Properly optimizing a firm's pricing strategy is a critical source of competitive advantage and increased profitability, which now more than ever is crucial to staying relevant in the legal sector. Firms must start looking to demonstrate their ability to provide clients with greater value through alternative fee arrangements, effectively controlled budgeting methods, and the integration of innovative firm management practices - whilst continuing to operate as a profitable business. Standard business principles have become the norm for firms - as clients become increasingly proficient in negotiating costs and defining the scope of engagement, service delivery must now be framed by value, expertise, and profitability rather than hours billed alone. With contributions from pricing directors and expert consultants, Practical Innovations in Legal Pricing offers insight into newest effective approaches to pricing that top firms are undertaking. Taking an in-depth look at the role of shadow-billing and client collaboration in AFAs, integrating a firm's legal project management and pricing functions for greater client benefits, and effectively executing a newly formed pricing strategy, this title will provide a comprehensive overview of the best practices in innovative pricing functions.
Obtaining an accurate and comprehensive overview of performance throughout the firm is no easy undertaking - there are numerous aspects of the firm to inspect and many varying streams of information to consider. From individual partner performance to firm-wide cash flow, correctly measuring and managing performance involves a keen eye on both the micro and macro aspects of the firm. Measuring and Managing Performance for Law Firms offers an overview of the measurement and metrics that firms can employ to effectively manage their work force and firm-wide performance. Discussing a range of topics from metrics that stimulate innovative thinking, effectively managing high-performance teams and dealing with stress in the work place, and implementing "balanced scorecards" and "opportunity scoring assessments" to track firm performance and effectively utilize internal information resources.
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.
The English legal profession, uncharacteristically, was often in the headlines during the 1990s. Reforms initiated by a Conservative Lord Chancellor and extended by his Labour successor transformed traditions, over the vigorous objections of the judiciary, Bar, and Law Society. Rapid market developments enriched some barristers and solicitors while squeezing others. The two professional associations confronted crises in self-regulation and governance. This book mines that tumultuous period for insights into the prospects of professionalism in the 21st century.
Many law firms today are far too focused on increasing market share; they should be paying attention to what makes them a more profitable business. Market share doesn't matter much if you're not profitable, and firms cannot simply grow their way to prosperity by undercutting the competition. Instead, firms must focus on value creation and increasing clients' willingness to pay for their services. The question should be: "What can your firm do better, or more efficiently, and more profitably than anyone else?" The Mechanics of Law Firm Profitability: People, Process, and Technology examines why a focus on profitability and metrics is reshaping law firm operations and matter management; how to define the bottom line and to distinguish between "good" revenue and "bad"; and how to change the dialogue from "hours and revenue" to "revenue and profit", while changing the mindset from increasing market share to simply running a profitable business. The Mechanics of Law Firm Profitability covers topics including: + The "every dollar is a good dollar" fallacy: The difference between good and bad revenue + Increasing profitability by improving client intake + Using KM to increase firm profitability + Pricing, profitability, and compensation + Measuring different practice groups, differently + Four challenges in managing law firm profitability + Strategy and culture driving effective use of people, process, and technology + Profitability and the Concept of `Managing on the Edge' - Why It Is Important to Regional Law Firms And brings together the sought-after advice of a wide variety of experts including: + Toby Brown, chief practice management officer, Perkins Coie + Mike Roster, co-chair ACC Value Challenge and former managing partner of Morrison and Foerster's LA office + Jack Bostelman, president KM/JD Consulting LLC + Chris Boyd, senior director of professional services, Wilson Sonsini Goodrich & Rosati + Jim Hassett, founder of LegalBizDev + Wendy Wen Yun Chang, partner, Hinshaw & Culbertson LLP + Keith Maziarek senior director of client value, Perkins Coie + James G. Perkins, chief operating officer and chief compliance officer, Procopio + Mark Voigtmann, partner; Steve Petrie, chief strategy officer; Vanessa Savoie, senior strategic analyst & pricing analyst; and Tom Snavely, manager legal process improvement & project management, Faegre Baker Daniels The Mechanics of Law Firm Profitability: People, Process, and Technology provides practical and proven tips for all law firm leader on adjusting current processes and identifying opportunities for future profitability within their firms.
"For those lawyers who fall into that group of wanting to better understand AI, there may be no better starting point than Robots in Law" -Robert Ambrogi, Above The Law Although 2016 was the breakthrough year for artificial intelligence (AI) in legal services in terms of market awareness and significant take-up, legal AI represents evolution rather than revolution. Since the first `robot lawyers' started receiving mainstream press coverage, many law firms, other legal service providers, and law colleges are being asked what they are doing about AI. Robots in Law: How Artificial Intelligence is Transforming Legal Services is designed to provide a starting point in the form of an independent primer for anyone looking to get up to speed on AI in legal services. The book is organized into four distinct sections: Part I: Legal AI - Beyond the hype Part II: Putting AI to work Part III: AI giving back - Return on investment Part IV: Looking ahead The first three present an in-depth overview, and analysis, of the current legal AI landscape; the final section includes contributions from AI experts with connections to the legal space, on the prospects for legal AI in the short-term future. "AI is here now. And going to work in law firms. In the second half of 2016, hardly a week went by without some firm, academic or start-up announcing an innovation. Anyone inclined to dismiss this entirely as hype should read Robots in Law. In 150-odd pages we get a clear round-up of what is happening plus (perhaps more interestingly) some predictions from the best human brains in the business about what it all means." - Michael Cross, editor, The Law Society Gazette Along with the emergence of New Law and the burgeoning lawtech start-up economy, AI is part of a new dynamic in legal technology and it is here to stay. The question now is whether AI will find its place as a facilitator of legal services delivery, or whether it will initiate a shift in the value chain that will transform the legal business model. "This book, is recommended for all those wanting to catch up with AI, or those needing to catch up (whether they want to or not). That is pretty much all of us." - Laurence Eastham, Editor of Computers & Law, The Society for Computers and Law Magazine
This inspirational handbook is packed with hundreds of proven tools, tips, and techniques for increasing revenue and forging relationships with clients and colleagues that will last you a lifetime. The rainmaking secrets revealed will enable you to: Find practice niches; Apply alternative fees; Accelerate cross-selling; Categorise your key targets; Use social media effectively; Identify and build personal strengths; Deliver exceptional levels of client service; Build powerful internal and external networks; Get client meetings and maximise their effectiveness; Improve lateral success and enhance lateral integration; and Make business development a career-long, sustainable process. Secrets of the Masters features a highly regarded team of over two dozen law firm marketing and business development experts who offer their insight, experiences, and real-world tips on attracting, retaining, and growing your client base. Each chapter also includes an extensive range of business development approaches and mini case studies, along with a useful planning worksheet which prompts you to make decisions and take action. PLUS...Within the complimentary CD-Rom you'll find all the supporting worksheets and checklists featured throughout the book, along with a personal business development plan template to help you tailor your strategies. "Secrets of the Masters" is the most comprehensive, yet practical "how to" guide I've seen for developing business in the legal industry. Whether you're a young lawyer starting to build a practice and reputation, or a seasoned practitioner looking to achieve the next level of success, this book is your roadmap. Simply stated, if you heed its principles, you will make more money." - Jonathan Fitzgarrald, Chief Marketing Officer of Greenberg Glusker and author of BADfortheBRAND.com
For technology in the law office courses Comprehensive Coverage of Law Office Technology Technology in the Law Office is a thorough and up-to-date guide to navigating the constantly changing technology used in the modern-day legal world. Exploring recent phenomenon such as the switch to Apple-based software and paperless offices, this text is the timeliest reference for students, paralegals, and law office workers in regards to law software and technology. Thoroughly updated for this edition, the Goldman Technology Resources Website features links to vendor soft downloads, tutorials, and instructional videos. Students are also provided with a solid background in the ethics and implications of using technology in legal practice, allowing them to not only understand how to use such technology, but how to use it correctly and justly. Also Available with CourseConnect with the Virtual Law Office Experience This edition is also available with a CourseConnect Online Course for Technology in the Law Office. The CourseConnect Online Course now includes Virtual Law Office Experience modules. The modules place the student in the position of working in a law office, allowing them to put technology into practice. Students, if interested in purchasing this title with the CourseConnect Online Course, ask your instructor for the correct package ISBN. Instructors, contact your Pearson representative for more information.
Outside the United States, Norway's 1814 constitution is the oldest still in force. Constitutional judicial review has been a part of Norwegian court decision-making for most of these 200 years. Since the 1990s, Norway has also exercised review under the European Convention of Human Rights (ECHR). Judicial review of legislation can be controversial: having unelected judges overruling popularly elected majorities seems undemocratic. Yet Norway remains one of the most democratic countries in the world. How does Norway manage the balance between democracy and judicial oversight? Author Anine Kierulf tells the story of Norwegian constitutionalism from 1814 until today through the lens of judicial review debates and cases. This study adds important insights into the social and political justifications for an active judicial review component in a constitutional democracy. Anine Kierulf argues that the Norwegian model of judicial review provides a useful perspective on the dichotomy of American and European constitutionalism.
This handbook gives legal practitioners, students and new mediators practical guidance on the mediation process. Drawing on her experience as a mediator, academic and a businessperson, Marjorie Mantle takes a down-to-earth approach to mediation, pointing out the pitfalls as well as the benefits.
The Student Book and ActiveBook has clearly laid out pages with a range of supportive features to aid learning and teaching: Getting to know your unit sections ensure learners understand the grading criteria and unit requirements. Getting ready for Assessment sections focus on preparation for external assessment with guidance for learners on what to expect. Hints and tips will help them prepare for assessment and sample answers are provided for a range of question types including, short and long answer questions, all with a supporting commentary. Learners can also prepare for internal assessment using this feature. A case study of a learner completing the internal assessment for that unit covering 'How I got started', 'How I brought it all together' and 'What I got from the experience'. Key Cases - each short key case gives the key facts and title and year of the case and pulls out the most significant legal principle. All the key cases will be listed at the beginning of the book so learners can search for them in the different unit contexts they relate to Pause Point features provide opportunities for learners to self-evaluate their learning at regular intervals. Each Pause Point point feature gives learners a Hint or Extend option to either revisit and reinforce the topic or encourage independent research or further study skills. Scenario studies with questions that enable learners to look deeply into different situations and analyse in the context of the legal knowledge they are gaining. Assessment Activity/Practice features provide scaffolded assessment practice activities that help prepare learners for formative assessment. Within each assessment practice activity, a Plan, Do and Review section encourages supports learners' formative assessment by to making sure they fully understand what they are being asked to do, what their goals are and how to evaluate the task and consider how they could improve.
Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?
"BUSINESS ORGANIZATIONS FOR PARALEGALS, 1/e"combines the ethical, practical and professional topics relating to Business Organizations with the most contemporary cases and substantive material. Taking a hands-on approach, it offers comprehensive coverage and uses practice tips, critical thinking exercises, landmark case law, case scenarios, and portfolio builders to reinforce concepts. At the beginning of the text, each student is asked to create their own mock business that can be used to complete chapter assignments and exercises. Throughout the text, articles written by practicing paralegals are included to assist students as they transition from student to practicing paralegal.
New digital technologies, from AI-fired 'legal tech' tools to virtual proceedings, are transforming the legal system. But much of the debate surrounding legal tech has zoomed out to a nebulous future of 'robo-judges' and 'robo-lawyers.' This volume is an antidote. Zeroing in on the near- to medium-term, it provides a concrete, empirically minded synthesis of the impact of new digital technologies on litigation and access to justice. How far and fast can legal tech advance given regulatory, organizational, and technological constraints? How will new technologies affect lawyers and litigants, and how should procedural rules adapt? How can technology expand - or curtail - access to justice? And how must judicial administration change to promote healthy technological development and open courthouse doors for all? By engaging these essential questions, this volume helps to map the opportunities and the perils of a rapidly digitizing legal system - and provides grounded advice for a sensible path forward.
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: is 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. Under the Inland Revenue's Rent-a-Room scheme you can earn GBP4,250 free of tax by taking in a lodger. This book will help you to decide whether taking in a lodger is for you. Once decided, it will guide you through your legal obligations as a landlord, help you choose and vet a suitable lodger and help you draft an agreement that is legally sound and fair for both of you. |
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