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Books > Law > Jurisprudence & general issues > Legal skills & practice > General
Becoming a lawyer is about much more than acquiring knowledge and technique. As law students learn the law and acquire some basic skills, they are also inevitably forming a deep sense of themselves in their new roles as lawyers. That sense of self - the student's nascent professional identity - needs to take a particular form if the students are to fulfil the public purposes of lawyers and find deep meaning and satisfaction in their work. In this book, Professors Patrick Longan, Daisy Floyd, and Timothy Floyd combine what they have learned in many years of teaching and research concerning the lawyer's professional identity with lessons derived from legal ethics, moral psychology, and moral philosophy. They describe in depth the six virtues that every lawyer needs as part of his or her professional identity, and they explore both the obstacles to acquiring and deploying those virtues and strategies for overcoming those impediments. The result is a straightforward guide for law students on how to cultivate a professional identity that will allow them to make a meaningful difference in the lives of others and to flourish as individuals.
In this book, 78 leading attorneys in California and New York describe how they evaluate, negotiate and resolve litigation cases. Selected for their demonstrated skill in predicting trial outcomes and knowing when cases should be settled or taken to trial, these attorneys identify the key factors in case evaluation and share successful strategies in pre-trial discovery, negotiation, mediation, and trials. Integrating law and psychology, the book shows how skilled attorneys mentally frame cases, understand jurors' perspectives, develop persuasive themes and arguments and achieve exceptional results for clients.
Providing public access to educational material from schools and universities, research and teaching is viewed politically as a means of survival for industrialized countries that have few natural resources, like Germany. The author examined the conditions that provide for success in research and teaching by means of a legal comparison of the copyright laws in Germany and Sweden.
Employability Skills for Law Students is designed to help you: * identify the academic, practical and transferable skills that can be developed whilst studying for a law degree; * recognise the value of those skills to employers (within both law and non-law professions); * identify any gaps in your skills portfolio; * maximise opportunities to develop new skills through participation in a range of activities; * effectively demonstrate your skills to potential employers; * improve your employability prospects on graduation from university. Whether you are in your first year or your last, this book will ensure you make the most of your time at university, developing skills inside and outside the lecture theatre, so that you are in the best possible position to pursue your chosen career on graduation - as a solicitor, barrister, or a completely different profession. An interactive Online Resource Centre provides a range practical activities designed to give you opportunities to practise and receive feedback upon the skills you are developing.
Everything you need to enter the exciting field of legal mediation To be an effective mediator, it's essential to possess the ability to take control of animated situations, offer advice, and facilitate discussion--all the while remaining neutral without formulating biased judgment. "Success as a Mediator For Dummies" helps you acquire these attributes and much more. Aspiring mediators will learn the importance of upholding an honorable reputation, the skills, personality traits, and characteristics of a good mediator, and how to effectively market a successful mediation career. Plus, you'll get practical advice about finding work in the field, realistic salary information, and tips on as tips on identifying whether you have the skills and tools to become a good mediator.The steps necessary to become a mediator (education, training, licensing, states-specific requirements, etc.)How your education and professional background can enhance your mediation workSample rules and standards of conductAll the steps necessary to build and market a successful private practice in mediation, or flourish as a mediator in a law firm, corporation, school, or non-profit organization Whether you have a background in law or an interest in legal careers, "Success as a Mediator For Dummies" gives you everything you need to enter the exciting field of legal mediation.
Archbishop Wulfstan of York (d. 1023) was a powerful clergyman and the most influential political thinker of pre-Conquest England. An advocate for the rights and privileges of the Church, he authored the laws of King Aethelred and King Cnut in prose that combined the rhetorical flourishes of a master homilist with the language of law. Some works forged a distinctive style by adding rhythm and alliteration drawn from Old English poetry. In the midst of Viking invasions and cultural upheaval, Wulfstan articulated a complementary relationship between secular and ecclesiastical law that shaped the political world of eleventh-century England. He also pushed the clergy to return to the ideals of their profession. Old English Legal Writings is the first publication to bring together Wulfstan’s works on law, church governance, and political reform. When read together, they reveal the scope and originality of his thought as it lays out the mutual obligations of the church, the state, and the common people. This volume presents new editions of the Old English texts alongside new English translations.
As defender of both the righteous and the questionable, Alan Dershowitz has become perhaps the most famous and outspoken attorney in the land. Whether or not they agree with his legal tactics, most people would agree that he possesses a powerful and profound sense of justice. In this meditation on his profession, Dershowitz writes about life, law, and the opportunities that young lawyers have to do good and do well at the same time.We live in an age of growing dissatisfaction with law as a career, which ironically comes at a time of unprecedented wealth for many lawyers. Dershowitz addresses this paradox, as well as the uncomfortable reality of working hard for clients who are often without many redeeming qualities. He writes about the lure of money, fame, and power, as well as about the seduction of success. In the process, he conveys some of the "tricks of the trade" that have helped him win cases and become successful at the art and practice of "lawyering."
The criminal justice process is dependent on accurate documentation. Criminal justice professionals can spend 50-75 percent of their time writing administrative and research reports. The information provided in these reports is crucial to the functioning of our system of justice. Report Writing for Criminal Justice Professionals, Sixth Edition, provides practical guidance-with specific writing samples and guidelines-for providing strong reports. Most law enforcement, security, corrections, and probation and parole officers have not had adequate training in how to provide well-written, accurate, brief, and complete reports. Report Writing for Criminal Justice Professionals covers everything officers need to learn-from basic English grammar to the difficult but often-ignored problem of creating documentation that will hold up in court. This new edition includes updates to reference materials and citations, as well as further supporting examples and new procedures in digital and electronic report writing.
The legal profession needs more than law. Whether you are a student, a law school, a university, a law firm or an in-house legal team, The Legal Team of the Future is the definitive guide to understanding and building the holistic skills required of those working in legal services now and in the future. Highlighting the importance of multidisciplinary teams working collaboratively to solve legal problems, the book introduces a ‘Law+’ model for the profession, comprising sixteen skills across four quadrants: Law+People, Law+Business, Law+Change and Law+Technology. As well as outlining each of the skills, the book explains how to build those skills as an individual, a law firm, an in-house team, a university or a law school. Designed for both lawyers and business professionals working in law, The Legal Team of the Future dispels the myth that the ‘lawyer of the future’ is solely responsible for the future of the profession, instead focusing on diverse individuals working within their own specializations. The Law+ model is more than an academic theory, containing real-world examples and case studies and devised by an expert in legal innovation who is still working in the field on a daily basis. This book is the guide you need to navigate the future of the legal profession and to stay ahead of the pack in delivering legal services to clients.
According to masculinities theory, masculinity is not a biological imperative but a social construction. Men engage in a constant struggle with other men to prove their masculinity. Masculinities and the Law develops a multidimensional approach. It sees categories of identity--including various forms of raced, classed, and sex-oriented masculinities--as operating simultaneously and creating different effects in different contexts. By applying multidimensional masculinities theory to law, this cutting-edge collection both expands the field of masculinities and develops new thinking about important issues in feminist and critical race theories. The topics covered include how norms of masculinity influence the behavior of policemen, firefighters, and international soldiers on television and in the real world; employment discrimination against masculine cocktail waitresses and all transgendered employees; the legal treatment of fathers in the U.S. and the ways unauthorized migrant fathers use the dangers of border crossing to boost their masculine esteem; how Title IX fails to curtail the masculinity of sport; the racist assumptions behind the prison rape debate; the surprising roots of homophobia in Jamaican dancehall music; and the contradictions of the legal debate over women veiling in Turkey. Ultimately, the book argues that multidimensional masculinities theory can change how law is interpreted and applied.
In Point Taken, Ross Guberman delves into the work of the best judicial opinion-writers and offers a step-by-step method based on practical and provocative examples. Featuring numerous cases and opinions from 35 prolific judges - from Learned Hand to Antonin Scalia - Point Taken, explores what it takes to turn "great judicial writing" into "great writing". Guberman provides a system for crafting effective and efficient openings to set the stage, covering the pros and cons of whether to resolve legal issues up front and whether to sacrifice taut syllogistic openings in the name of richness and nuance. Guberman offers strategies for pruning clutter, adding background, emphasizing key points, adopting a narrative voice, and guiding the reader through visual cues. The structure and flow of the legal analysis is targeted through a host of techniques for organizing the discussion at the macro level, using headings, marshaling authorities, including or avoiding footnotes, and finessing transitions. Guberman shares his style "Must Haves", a bounty of edits at the word and sentence level that add punch and interest, and that make opinions more vivid, varied, confident, and enjoyable. He also outlines his style "Nice to Haves", metaphors, similes, examples, analogies, allusions, and rhetorical figures. Finally, he addresses the thorny problem of dissents, extracting the best practices for dissents based on facts, doctrine, or policy. The appendix provides a helpful checklist of practice pointers along with biographies of the 35 featured judges.
LEGAL ANALYSIS AND WRITING, 4TH EDITION helps you analyze statutes and case law and draft legal memoranda. In addition to the fundamentals of good writing, legal or otherwise, the book illustrates how to analyze and brief cases, identify key facts and legal issues, and apply case law and counteranalysis to legal matters. Going beyond mere explanations, the book shows you how to apply concepts to hypothetical situations, draft legal memoranda and correspondence, and scrutinize legal citations and Web research to develop a thorough understanding of the analytical and writing responsibilities you will undertake as a paralegal. Legal Analysis and Writing, 4th Edition is a robust resource that includes a host of available supplemental tools designed to enhance learning.
In Problem Solving, Decision Making, and Professional Judgment,
Paul Brest and Linda Hamilton Krieger have written a systematic
guide to creative problem solving that prepares students to
exercise effective judgment and decision making skills in the
complex social environments in which they will work. The book
represents a major milestone in the education of lawyers and
policymakers,
The New Billable Hour is a practical guide for lawyers to gain control of their time, work, and life. In today's demanding world, lawyers must learn how to increase productivity so that they can competently bill more hours, while still having a personal life. Lawyer and productivity consultant, Ritu Goswamy presents her unique system where lawyers learn: How to have more hours in the day to bill clients How to bill more hours in less time How to take back control of their time How to transform hours into wealth How to balance the priorities in their life Goswamy's guide teaches lawyers how to bill more hours in less time by turning the traditional billable hour on its head. By following her steps and billing themselves one "new" billable hour per day, lawyers have more capacity to focus on their work, increase their billable time, and make more money.
Solicitors' Accounts provides a user-friendly guide to a subject
that often poses serious problems for students unfamiliar with the
principles and practice of accounting. It provides comprehensive,
up-to-date coverage of all areas required by the Solicitors'
Regulation Authority for business accounts and solicitors' accounts
on the Legal Practice Course, including full coverage of
double-entry book-keeping and final accounts of sole owners,
partnerships and companies. It also deals with the Solicitors'
Accounts Rules and the practical application of these in
solicitors' accounts, including property and probate transactions.
The most practical foundation for law students, combining content on the English legal system, academic and professional skills, and commercial awareness and employability. Legal Systems & Skills is the essential contemporary toolkit for law students, equipping them with the tools they need to thrive in their academic studies and onto employment. · Accessible and engaging, with a wide range of pedagogical features to help students to apply their knowledge and think critically about the law · Learning supported by annotated documents, real-life examples, flowcharts, and diagrams, providing visual representations of concepts and processes · Comprehensive content on employability, including CV preparation and transferable skills, alongside features like 'Practice tip', 'What the professionals say' and 'Selling your skills' · Expanded coverage on sentencing, the judiciary, new routes into the legal professions, and legal technology · New content on retained EU law, following post-Brexit changes · New chapter on revision and assessment including topics on SBAQs, online assessment, and physical and mental wellbeing Digital formats and resources The fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. · The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks · The online resources include self-test questions and links to useful websites for each chapter, interactive diagrams, guidance on the practical exercises, and sample interview questions.
Great poker players are master tacticians. Not only do they calculate odds with lightning speed and astonishing precision, but they also cunningly anticipate and manipulate the actions of their adversaries. In short, they boast skills that every lawyer can envy. This highly entertaining work might best be summed up as "better lawyering through poker." Steven Lubet shows exactly how the tactics of the poker table can be adapted to litigation, negotiation, and virtually every aspect of law practice. In a series of engaging and informative lessons, Lubet describes concepts like "betting for value," "slow playing," and "reverse bluffing," and explains how they can be used by lawyers to win their cases. The best card players, like the best lawyers, have a knack for getting their adversaries to react exactly as they want, and that talent separates the winners from the losers. Lawyers' Poker is an irresistible guide to successful lawyering and an enjoyable read for anyone with an interest in law. No poker knowledge required.
Many legal writing texts emphasize how one writes; this book is unique because it also focuses on why one writes. Every chapter challenges the reader to write to achieve a strategic objective. Each assignment has been carefully considered by the authors, and fully vetted to simulate the decision-making involved in the preparation of important legal writing, whether in a general counsel's office, a law office, a government attorney's office, or a judge's chambers. Simply put, the authors' approach is that effective legal writing does not exist in a vacuum. This book provides practical assignments that teach the student that the best legal writing is not an end in itself, but a means to a larger strategic objective.
How to Write Law Essays and Exams provides law students with a practical and proven method of analysing and answering essay and exam questions. The book focuses on those questions that give students the most trouble, namely problem questions, but its techniques are equally applicable to other types of essays. In addition to providing a framework for analysing and writing law essays, the book teaches students how to identify relevant legal authorities, distinguish and harmonise conflicting legal precedents and evaluate the applicability of the law to the facts of the question at hand. The book also contains specific law-related revision techniques and general writing tips. Designed for law students of all levels, including those on A-level, university, conversion, and vocational courses, the text helps students understand their substantive courses while at the same time teaching vital writing and analytical skills. Digital formats and resources The sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. -The e-book offers a mobile experience and convenient access along with functionality tools and navigation features: www.oxfordtextbooks.co.uk/ebooks . -The book is accompanied by online resources: a case breakdown to help students with reading cases, frequently asked questions, and some tips on citation styles and conventions.
Law students, law professors, and lawyers frequently refer to the process of "thinking like a lawyer," but attempts to analyze in any systematic way what is meant by that phrase are rare. In his classic book, Kenneth J. Vandevelde defines this elusive phrase and identifies the techniques involved in thinking like a lawyer. Unlike most legal writings, which are plagued by difficult, virtually incomprehensible language, this book is accessible and clearly written and will help students, professionals, and general readers gain important insight into this well-developed and valuable way of thinking. Updated for a new generation of lawyers, the second edition features a new chapter on contemporary perspectives on legal reasoning. A useful new appendix serves as a survival guide for current and prospective law students and describes how to apply the techniques in the book to excel in law school.
Great poker players are master tacticians. Not only do they calculate odds with lightning speed and astonishing precision, but they also cunningly anticipate and manipulate the actions of their adversaries. In short, they boast skills that every lawyer can envy. This highly entertaining work might best be summed up as "better lawyering through poker." Steven Lubet shows exactly how the tactics of the poker table can be adapted to litigation, negotiation, and virtually every aspect of law practice. In a series of engaging and informative lessons, Lubet describes concepts like "betting for value," "slow playing," and "reverse bluffing," and explains how they can be used by lawyers to win their cases. The best card players, like the best lawyers, have a knack for getting their adversaries to react exactly as they want, and that talent separates the winners from the losers. Lawyers' Poker is an irresistible guide to successful lawyering and an enjoyable read for anyone with an interest in law. No poker knowledge required.
This book deals with the major hurdles that all students must face: examinations. To overcome this barrier, it is important that the exam process is fully understood by students and that the techniques used by successful examinees are thoroughly mastered. Written in a clear, accessible style, Exam Skills for Law Students demonstrates how good students can do themselves justice in examinations by using the knowledge that they have acquired to full effect. The authors suggest ways in which legal arguments can be marshalled and identify methods by which both essay and problem questions can be tackled. Examples are drawn from the core subjects of contract, criminal law, public law and the law of torts, although techniques illustrated can be applied to many other areas of law. This will be an invaluable aid to any students taking academic law examinations.
The study of cause lawyering has grown dramatically and is now an important field of research in socio-legal studies and in research on the legal profession. The Worlds Cause Lawyers Make: Structure and Agency in Legal Practice adds to that growing body of research by examining the connections between lawyers and causes, the settings in which cause lawyers practice, and the ways they marshal social capital and make strategic decisions. The book describes the constraints to cause lawyering and the particulars that shape what cause lawyers do and what cause lawyering can be, while also focusing on the dynamic interactions of cause lawyers and the legal, professional, and political contexts in which they operate. It presents a constructivist view of cause lawyering, analyzing what cause lawyers do in their day-to-day work, how they do it, and what difference their work makes. Taken together, the essays collected in this volume show how cause lawyers construct their legal and professional contexts and also how those contexts constrain their professional lives.
Toward the end of the twentieth century, English lawyers enjoyed widespread respect and prosperity. They had survived criticism by practitioners and academics and a Royal Commission enquiry, but the final decade witnessed profound changes. First the Conservatives sought to apply laissez-faire principles to the profession. Then Labour transformed the legal aid scheme it had created half a century earlier. At the same time, the profession confronted cumulative changes in higher education and women's aspirations, internal and external competition, and dramatic fluctuations in demand. This book analyses the politics of professionalism during that tumultuous decade, the struggles among individual producers (barristers, solicitors, foreign lawyers, accountants) their associations, consumers (individual and corporate, public and private) and the state to shape the market for legal services by deploying economic, political and rhetorical resources (including changing conceptions of professionalism). The profession had to respond to a greatly increased production of law graduates and the desire of lawyer mothers (and also fathers) to raise their families. It had to replace exclusivity with efforts to reflect the larger society (class, race, gender). The Bar needed to address challenges to its exclusive rights of audience from both solicitors and employed barristers and decide whether to retaliate by permitting direct access, thereby compromising its claim to be a consulting profession. Solicitors had to reconcile their invocation of market principles against the Bar with their resistance to corporate conveyancing and multidisciplinary practices. Government had to restrain a demand-led legal aid scheme; practitioners and their associations sought to pressure the government to expand eligibility and raise remuneration rates. Divisions within both branches so compromised self-regulation and governance that the government even threatened to deprive lawyers of those essential elements of professionalism. These challenges have begun a transformation of the legal profession that will shape its evolution throughout the twenty-first century. |
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