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Books > Law > Jurisprudence & general issues > Legal skills & practice > General
The Art of Argument guides readers through the process of developing, defending and presenting a compelling argument. Primarily aimed at students who are about to undertake or participate in an international mooting competition, The Art of Argument explains in a step-by-step process what to do when you first get the moot problem, how to begin researching the subject matter, the emotional highs and lows, why practice makes perfect, how to handle yourself at the competition, and most importantly to have fun. Through the process of mooting you learn how to construct analytical arguments, to present your point logically and soundly and to consider and address the queries and concerns of your opponent and the Moot Master. For a law student there is no greater skill than constructing a logical and compelling argument.
European Law sets out the doctrines, principles and case law of the main areas of EU law, and where appropriate explores how they interact with national legal principles and tenets. This fifth edition has been fully revised to include recent developments in the area. Taking into account the far-reaching changes made to European law by the Treaty of Lisbon, it covers all important new cases and legislation whilst developing existing topics. Treatment is given to a number of new regulations on jurisdiction and choice of law and a large number of recent decisions of the Court of Justice of the European Union and the Court of First Instance across a range of European law issues. The analysis of cases is complemented by the use of specimen forms and precedents as examples of documentation students will come across in practice. Although primarily aimed at apprentices studying on the Professional Practice Courses, the manual will also be of great interest to those who find that EU law touches upon their practice, whether in the public or private sector. Online Resource Centre Changes and developments in the area will be covered by regular updates to the Online Resource Centre.
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,
Historians have long recognized that members of the lower branch of the legal profession, the ancestors of the modern solicitors, played an important part in early modern English society, but difficulties in establishing their identities and recovering their career patterns have hitherto left them virtually unstudied. This work charts the massive sixteenth-century increase in central court litigation and offers an explanation of it largely in terms of social change and the decline of local jurisdictions. At the same time, it argues that the period witnessed a major turning point in the relationship between the legal profession and English society. The number of practitioners in the lower branch who were associated with the legal institutions of London grew to such an extent that by 1640 the ratio of lawyers to population was not much different from that in the early twentieth century. Although this tremendous growth in the amount of legal business and the number of legal practitioners created some serious administrative problems, the commonly held view that the lower branch in this period was largely untrained, dishonest, and uncontrolled is no more than a myth.
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.
Anglo-American private law has been a far more complex phenomenon than has been usually recognized. Attempts to reduce it to a single explanatory principle, or to a precisely classified or categorized map, scheme, or diagram, are liable to distort the past by omitting or marginalizing material inconsistent with proposed principles or schemes. This study will be of importance to all who are interested in property, tort, contract, unjust enrichment, legal reasoning, legal method, the history of the common law, and the relation between legal theory and legal history.
Anglo-American private law has been a far more complex phenomenon than has been usually recognized. Attempts to reduce it to a single explanatory principle, or to a precisely classified or categorized map, scheme, or diagram, are liable to distort the past by omitting or marginalizing material inconsistent with proposed principles or schemes. This study will be of importance to all who are interested in property, tort, contract, unjust enrichment, legal reasoning, legal method, the history of the common law, and the relation between legal theory and legal history.
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.
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.
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.
This Special Report will show you how to build a stronger public, professional profile in order to attract opportunities, enhance career progression and win new business. At the end of the report, you will have put together your own practical, personal profile plan and will be able put it into action. With so much information available about professionals online, it is essential to actively manage your own profile and not leave it to chance. Most lawyers do not manage their professional reputations and so there is clear opportunity, for those who do, to become much better known, enhance their career progression and win business through strong reputation and new opportunities. However, with all the information clutter out there, how do you stand out in the market place? This report will address: *Why it helps to have a strong professional profile; *Why people choose to work with you and what influences their decisions; *How you present yourself and build your personal brand; *What psychological tools you can use to build your network; *How to enhance your public credibility; *Practical activities to raise your profile; and *How to avoid damaging mistakes. Building your Professional Profile will help any lawyer seeking to build a professional profile to win work and open up more business opportunities. It will also be of value to lawyers wishing to progress their career, whether by becoming a partner, gaining promotion or moving firms. Those wanting to build credibility in the marketplace, or with clients and colleagues, will also find it beneficial.
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.
"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.
This collection cuts across conventional disciplinary boundaries to address the roles, responsibilities, and regulation of contemporary lawyers. Contributors address common concerns from diverse perspectives, including philosophy, psychology, economics, political science, and organisational behaviour. Topics include the nature of professions, the structure of practice, the constraints of an adversarial system, the attorney-client relationship, the practical value of moral theory, the role of race and gender, and the public service responsibilities of lawyers and law students.
Open publication Attorneys need to function as entrepreneurs from the day they gain admittance to the bar. Yet lawyers do not learn about client acquisition during their studies, even though it is an essential part of their future career. Most attorneys experience client acquisition as time-consuming and complex, as contingent upon talent and chance, as a tedious obligation, or as a form of door-to-door salesmanship. This volume provides a structured system for client acquisition that is subordinate to your firm s objectives."
"A readable and enjoyable book of interest to the lay public,
litigators and aficionados of trials alike...well worth
reading." "Delightful and insightful...He knows how to tell a story, and
he knows that facts depend on perceptions." "Lubet's ability to downplay advocacy techniques while
emphasizing the rich context of facts, story, and personalities is
superb" "A delightful and insightful book [that] entertains as it
instructs." "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." 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."
Competition is fierce to secure a training contract with a firm of solicitors. Undergraduates, postgraduates and those on the LPC all find the task equally difficult. This new book provides practical solutions to many of these problems. Clearly laid-out, easy-to-read and informative, it includes useful advice on such areas as: drafting CVs; writing covering letters to apply for training contracts; researching the market place; getting the best value out of work experience; selecting firms; interview approaches and techniques; accessing sources of finance. The book aims to be a useful source of reference and offer practical tips for anyone wishing to enter the legal profession.
Written with the principal aim of instructing the newcomer to the English Bar, this book includes frequent references to American and Commonweath procedures. It intends not only to teach, but also reveal the ground rules of persuasion which operate throughout modern society. The book gives information on the basic tools of advocacy - court etiquette, the jury, the client's character, three mandatory rules and some essential aims, speeches for the prosecution, speeches for the defense, judges, note-taking, endlinks and gadgets. The topic of examination of witnesses follows, covering - questioning, examination in chief, the basic approach to cross-examination, the objectives of cross-examination and re-examination. The final part of the book deals with trials without a jury, advocacy before the professional courts and advocacy before the non-professional courts.
The Successful Law Student: An Insider's Guide to Studying Law is the ultimate companion for all prospective and current law students. Packed full of insights, advice and perspectives from current and past law students it is the only student guide to offer you the inside track on how to make the most of your law degree and your time at university. The Successful Law Student: An Insider's Guide to Studying Law is perfect for you whether you're taking a one-, two-, three- or four-year degree course or planning to take a year abroad, whether you're a full-time, part-time, or mature student, or whether you'll be balancing your studies with work or other commitments. The focus is on the things that will make a big difference to your student experience, including making a smooth transition to university level study, getting the most out of lectures and feedback from tutors, advice on how to approach law exams, and finding a rewarding career. Complemented by a variety of insider voices from students and alumni, which add valuable context and real-life insight, Imogen Moore and Craig Newbery-Jones use their extensive experience as law teachers to explore the learning process and look beyond it to consider the wider definition of success, and help you manage the pressures of legal study. Digital formats This edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools and navigation features. www.oxfordtextbooks.co.uk/ebooks
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." |
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