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Books > Law > Jurisprudence & general issues > Legal profession > General
This book provides candidate attorneys with the practical information that they need when starting articles. The information in this guide bridges the gap between the university environment, where the emphasis is on theoretical knowledge, and the candidate attorney’s new working environment, where the emphasis is on the practical, hands-on application of this knowledge and learning fast! It covers the candidate attorney’s relationship with his or her principal, with counsel and clients, registering and ceding articles, issuing, serving and filing, the courts, how to prepare for applications and actions, being admitted as an attorney, ethics and etiquette. Features and Benefits
Lawyers must be able to do research and should be able to do it well in order to honour their obligations, be those obligations commercial, in the field of criminal justice, constitutional, judicial or academic. Yet much confusion surrounds the nature of research, the need for lawyers and law students to undertake research projects, the requirements for the dissemination of the results, and their impact on policy and practice. Why is legal research needed? What does it entail? Where should one begin? What methods are used for legal research? What are the ethical issues involved? How does one go about publishing the results of one’s research in law, and which are the appropriate publication platforms? How should the quality of legal research be judged? Legal Research: Purpose, Planning and Publication seeks to begin answering these questions, to introduce law students to legal research, and perhaps even to open up some new perspectives for those in the legal community who wish to sharpen their research skills. The guidelines and views in Legal Research are not offered as hard doctrine, but rather as a route map for a journey of discovery, in the course of which readers may develop their own approach to the production of valuable legal research results. Legal Research provides an introduction to ease the way of legal researchers, especially those with little expertise and experience, and perhaps to open a debate among the more experienced lawyers, who have not yet given much thought to the matter, about developing and improving our understanding of legal research in South Africa.
According to the Oral History Association, the term oral history refers to "a method of recording and preserving oral testimony" which results in a verbal document that is "made available in different forms to other users, researchers, and the public." Ordinarily such an academic process would seem to be far removed from legal challenges. Unfortunately this is not the case. While the field has not become a legal minefield, given its tremendous growth and increasing focus on contemporary topics, more legal troubles could well lie ahead if sound procedures are not put in place and periodically revisited. A Guide to Oral History and the Law is the definitive resource for all oral history practitioners. In clear, accessible language it thoroughly explains all of the major legal issues including legal release agreements, the protection of restricted interviews, the privacy torts (including defamation), copyright, the impact of the Internet, and the role of Institutional Review Boards (IRBs). The author accomplishes this by examining the most relevant court cases and citing examples of policies and procedures that oral history programs have used to avoid legal difficulties. Neuenschwander's central focus throughout the book is on prevention rather than litigation. He underscores this approach by strongly emphasizing how close adherence to the Oral History Association's Principles and Best Practices provides the best foundation for developing sound legal policies. The book also provides more than a dozen sample legal release agreements that are applicable to a wide variety of situations. This volume is an essential one for all oral historians regardless of their interviewing focus.
Over 4,000 lawyers lost their positions at major American law firms
in 2008 and 2009. In The Vanishing American Lawyer, Professor
Thomas Morgan discusses the legal profession and the need for both
law students and lawyers to adapt to the needs and expectations of
clients in the future. The world needs people who understand
institutions that create laws and how to access those institutions'
works, but lawyers are no longer part of a profession that is
uniquely qualified to advise on a broad range of distinctly legal
questions. Clients will need advisors who are more specialized than
many lawyers are today and who have more expertise in non-legal
issues. Many of today's lawyers do not have a special ability to
provide such services.
Regulation and In-House Lawyers is a resource for SRA regulated lawyers working in-house for organisations which are not authorised by the SRA. This second edition has been updated to reflect the major regulatory changes introduced by the SRA Standards and Regulations in November 2019. The book explains the changes and their significance to in-house lawyers in particular, and provides guidance on regulatory compliance. It also covers key legislation such as the Money Laundering Regulations 2017, the Criminal Finances Act 2017, the EU General Data Protection Regulation and the Data Protection Act 2018, as well as recent Solicitors Disciplinary Tribunal decisions. Additional material has been added to this new edition which will help lawyers to demonstrate compliance in practice through systems, controls and policies, including templates which can be used by practitioners to create compliance manuals.
Out of the 2015/16 nationwide student protest action has come the long-overdue challenge for academia to assess and reconsider critically the role academics play in maintaining and perpetuating exclusive social structures and discourse in schools and faculties in the higher education landscape in South Africa. Decolonisation and Africanisation of Legal Education in South Africa proposes possible starting points on the subject, and the roles, challenges and questions that legal academia face in the quest to decolonise and Africanise legal education in South Africa. It explores the potential role of the Constitution in decolonising and Africanising legal education. Furthermore, the book discusses important contextual factors in relation to decolonising clinical legal education. Decolonisation and Africanisation form a much more nuanced project in the continuous process of development and reflection to be undertaken by all law academics together with their relevant institutions and students. The book ultimately highlights the importance of decolonising the law itself. This timely and important work lays a foundation that will hopefully inspire many more publications and debates aimed at transforming our legal education.
This practical book shares insights, smart strategies and tips to help you to market yourself and maximise your chances of career success. The book covers: - what marketing actually is - why you must put yourself in your clients' shoes - the importance of having a personal brand - how to make networking work for you - blocks lawyers have about marketing and how to overcome them - how to fit marketing into your hectic schedule - how LinkedIn can help you to create visibility online and build your reputation - how content marketing fits with your overall marketing strategy and plan. Written by an experienced mentor and coach with in-depth knowledge and experience of the legal profession, this book is an essential read for fast changing times with more competition.
Clinical legal education (CLE) is a springboard for entry into legal practice, preparing students for the professional challenges they will face after completing their studies and embarking on their legal careers.
The Mindful Law Student is an innovative guide to learning about mindfulness and integrating mindfulness practices into the law school experience. Through the use of metaphor, insight, mindfulness practices, and relaxation, and self-care exercises, students are reminded of the tools they have long carried with them to navigate the exciting and challenging environment of law school and the practice of law. Scott Rogers brings readers on a journey through the law school experience with seven hypothetical students who experience situations that make tangible the challenges, benefits, and promise of mindfulness. He provides real-world examples of applying mindfulness in law school using language of the law to impart mindfulness insights and practices. This novel guide is an approachable and valuable resource for any law student.
Until now, only the twelve jurors who sat in judgment were able to appreciate these virtuoso performances, where weeks of testimony were boiled down and presented with flair, wit, and high drama. For five years the authors researched every archive from those of the "L.A. Times" to the dusty stacks of the National Archives in Washington, D.C., and readers can now lose themselves in the summations of America's finest litigators. Clarence Darrow saves Leopold and Loeb from the gallows in the Roaring Twenties. Gerry Spence takes on the nuclear power industry for the death of Karen Silkwood in a modern-day David and Goliath struggle. Vincent Bugliosi squares off against the madness of Charles Manson and his murderous "family" in the aftermath of their bloody spree. Clara Foltz, the first woman to practice law in California, argues passionately to an all-male jury, defending her place in the courtroom. Bobby DeLaughter brings the killer of civil-rights leader Medgar Evers to justice after thirty years and two mistrials. Aubrey Daniel brings Lt. William Calley, Jr., to justice for the My Lai massacre. William Kunstler challenges the establishment after the '68 Chicago riots in his defense of yippie leaders known as the Chicago Seven. Each closing argument is put into context by the authors, who provide historical background, a brief biography of each attorney, and commentary, pointing out the trial tactics used to great effect by the lawyers, all in language that is jargon-free for the benefit of the lay reader.
The Truth and Reconciliation Commission (TRC), established in South Africa after the collapse of apartheid, was the bold creation of a people committed to the task of rebuilding a nation and establishing a society founded upon justice, equality and respect for the rule of law. As part of its historic, cathartic mission, the TRC held a special hearing, calling to account the lawyers - judges, academics and members of the bar - who had been crucial participants in the apartheid legal order. This book is an account of those hearings, and an attempt to evaluate, in the light of the theories of adjudication, the historical role of the judiciary and bar in the apartheid years. It argues, often in the words of those who testified, how the judges failed in their duty to uphold the rule of law. For the most part, the lawyers of apartheid are found to have deserted its victims.;The few notable exceptions both illustrate the potential for lawyers to have done more and lay the basis for the respect the rule of law still enjoys in South Africa despite apartheid. Yet, the author argues, many continue to commit a more serious "crime". Failing to confront the past, and in many cases refusing even to attend TRC hearings, the lawyers who could have helped to resist the worst excesses of apartheid remain accomplices to its evil deeds. This book offers us the spectacle of an entire legal system on trial. The echoes from this process are captured here in a way that will appeal to all readers - lawyers and non-lawyers alike - interested in the relationship between law and justice, as it is exposed during a period of transition to democracy.
The SRA's latest report on financial stability (February 2014) said its engagement with firms found poor financial management that ranged from "naive to reckless". They have also seen poor practice in the management of client accounts. This toolkit will help firms to address those common financial issues facing many firms. This toolkit will cover the following: What the requirement to maintain financial stability will mean in practice for firms. What are the danger signals and how can action be taken to remedy them? The steps that need to be taken to take control of cash management in order to achieve financial stability. Part of our popular toolkit series, it will contain a mixture of draft policies, procedural checklists and other instruments to assist practitioners in demonstrating sound financial management. The aim is to produce a working resource which practitioners can use to monitor the financial health of the firm. It will form part of a series of toolkits branded with the livery of the Risk and Compliance Service.
This innovative book proposes new theories on how the legal system can be made more comprehensible, usable and empowering for people through the use of design principles. Utilising key case studies and providing real-world examples of legal innovation, the book moves beyond discussion to action. It offers a rich set of examples, demonstrating how various design methods, including information, service, product and policy design, can be leveraged within research and practice. Providing a forward-thinking outlook, this book presents an in-depth examination of how a human-centred, visual and participatory design approach can improve legal services and outcomes. Spanning numerous fields of legal practice, from education, housing and contracts to intellectual property, it highlights how visuals, information design and better communication can help prevent and solve legal problems. Chapters explore a new vision of lawyering and its potential to encompass a more creative and collaborative approach to legal practice. Legal Design will be of benefit to students and scholars seeking an up-to-date analysis of current trends related to legal design thinking and execution. It will also be a key resource for legal practitioners, policy-makers, government officials and business professionals looking to deepen their understanding of the field and improve their own design tools.
Learn the skills it takes to succeed as a law graduate with this essential text. Letters to a Law Student, 5th edition, Global Edition by Nicholas J McBride, provides a thorough introductory guide to higher education and learning context for law studies. Voted in the top 6 books that future law students should read, it is an approachable and easy-to-follow guidebook. The text flows as a series of letters between a lecturer and aspiring student, divided into chronological parts from thinking about a law degree to preparing to study law, studying law, writing like a lawyer, and thinking about the future. McBride adds practical advice throughout the book, supporting your transition from school to studying law as a first-year undergraduate. The 5th edition helps to build confidence and encourages the essential study and legal skills you will need to succeed. Packed with new and revised material, Letters to a law student remains a current and helpful reference. This text is a great companion for general law modules on skills, legal system, jurisprudence and law, government, and society to keep you thinking critically, analysing and understanding the law.
This book offers both a biography of Ruth Bader Ginsburg, only the second-ever woman appointed to the Supreme Court, and a historical analysis of her impact. Ruth Bader Ginsburg: A Life in American History explores Ginsburg's path to holding the highest position in the judicial branch of U.S. government as a Supreme Court justice for almost three decades. Readers will learn about the choices, challenges, and triumphs that this remarkable American has lived through, and about the values that shape the United States. Ginsburg, sometimes referred to as "The Notorious RBG" or "RBG" was a professor of law, a member of the American Civil Liberties Union, an advocate for women's rights, and more, before her tenure as Supreme Court justice. She has weighed in on decisions, such as Bush v. Gore (2000); King v. Burwell (2015); and Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018), that continue to guide lawmaking and politics. Ginsburg's crossover to stardom was unprecedented, though perhaps not surprising. Where some Americans see the Supreme Court as a decrepit institution, others see Ginsburg as an embodiment of the timeless principles on which America was founded. Presents well-researched, factual material in an easy-to-understand writing style Positions Ginsburg in the panorama of U.S. history Humanizes the U.S. government by providing an intimate glimpse into the life of a public servant Gives readers firsthand accounts of Ginsburg's words, beliefs, and decisions in primary documents
On 6 April 2014 long-awaited reforms, came into force, unifying and radically reforming the law governing enforcement agents, and creating a new statutory procedure of commercial rent arrears recovery. In the second edition of this popular book, highly respected practitioners in property law and enforcement set out the most up-to-date and comprehensive review of the new law. Coverage includes: the new standards and certification for enforcement agents a complete review of the Taking Control of Goods Regulations 2013 the abolition of distress for rent the introduction of Commercial Rent Arrears Recovery (CRAR) the criminalisation of squatting. The authors combine their authoritative review and analysis of the law with insights into the practical impact of the rules and regulations, uniquely illustrated by numerous examples and practice points. The book also includes extracts from the relevant law and regulations, and so gathers in one convenient volume all the relevant law and guidance on enforcement and debt recovery for property lawyers, enforcement agents, commercial landlords, surveyors and insolvency practitioners. |
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