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Books > Law > Jurisprudence & general issues > Legal profession > General
Pavil Gavrilovich, later Sir Paul, Vinogradoff [1854-1925] is well known in Russia principally as a historian and abroad as a legal historian and comparative lawyer. Few in either Russia or abroad are aware that Vinogradoff also wrote on public international law. This volume collects four of his most important contributions to this field: The Legal and Political Aspects of the League of Nations (1918), The Reality of the League of Nations (c. 1919), The Covenant of the League: Great and Small Powers (1919) and History of the Law of Nations, a series of six lectures delivered at the University of Leiden in 1921.
How Can You Represent Those People? is the first-ever collection of
essays offering a response to the "Cocktail Party Question" asked
of every criminal lawyer: how do you represent guilty criminals?
This unique volume salutes the work of pioneering forensic psychologist Lawrence S. Wrightsman, Jr., by presenting current theorizing and research findings on issues that define the field of psychology and law. Ongoing topics in witness behaviors, suspect identification, and juror decision making illustrate how psychology and law complement and also conflict at various stages in legal processes. The book also sheds light on evolving areas such as DNA exonerations, professional trial consulting, and jury selection strategies, and the distinct challenges and opportunities these issues present. Noted contributors to the book include Wrightsman himself, who offers salient observations on the field that he continues to inspire. Featured among the topics: The credibility of witnesses. Psychological science on eyewitness identification and the U.S. Supreme Court. False confessions, from colonial Salem to today. Identifying juror bias: toward a new generation of jury selection research. Law and social science: how interdisciplinary is interdisciplinary enough? Race and its place in the American legal system. With its diverse mix of perspectives and methodologies, The Witness Stand and Lawrence S. Wrightsman, Jr. will interest forensic researchers in academic and applied settings, as well as individuals working in the legal system, such as attorneys, judges and law enforcement personnel.
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.
This detailed study of the lived experience of legal academics explores not only the culture of legal academia and the professional identities of law teachers, but also addresses some of the most pressing issues currently facing the discipline of law. Given the diverse nature of contemporary legal scholarship, where does the future lie - with traditional doctrinalism, socio-legal studies or critical scholarship? What does academic law have to offer its students, the legal profession and the wider society? How do legal academics "embody" themselves as law teachers, and how does this affect the nature of the law they teach and study? In the context of the RAE, the QAA and all the other pressures facing universities, legal academics discuss the realities of contemporary legal academia in the UK.
Time is a lawyer's commodity. Or rather, it is how most lawyers quantify their expertise. How successful you are as a lawyer depends fundamentally on how you use your time and there is a direct correlation between how much value you can extract from your time and your profitability. Most lawyers must record how they spend their time on a daily basis and regularly have to justify their use of time to clients, the court, or their employers. Managing Partner's new report entitled Making Every Six Minutes Count explains why lawyers should look more objectively at how they spend their time and how principles of time management can make an enormous difference in a profession which is now at its most stressful and intensive. The more efficiently and effectively you use your time, the more successful your practice will be.Topics Covered in this report include: - Defining time management and in turn self-management; - Why time management is a small investment for a big return; - Effective working environments and how they are conducive to better time management; - Streamlining office functions to enable more focus on critical work; - Efficient planning of working hours; - The differences between 'time management' and 'time leadership;' - Prioritizing tasks and dealing with overwhelm; - Delegation as the single most effective way to instantly get more time; - Practical tips on how to recognize and overcome procrastination habits; - The impact of communication and managing interruptions; - Work life balance and why it is so elusive for lawyers; - Managing clients more proactively to provide a more efficient and effective service; - Finding time for business development and networking; - Stress Management for Lawyers; and - The impact of time management on personal development and career planning. The report also features real- life accounts of the key challenges faced by a range of lawyers - from trainees to managing partners, and from sole practitioners to in-house legal advisors - providing you with insight into the common pitfalls and successes of those who have mastered time management and are currently using it to their advantage.
Haliburton Fales 2d, former President of the New York State Bar Association and senior partner in the law firm White & Case, has been centrally, until recently, involved during his professional life of the past half century in the on-going changes that have swept through American Law. These changes, no less profound than parallel and similar changes in American society at large, are described in this engaging account of the joys of trying cases. Fales takes the reader behind closed doors at the firm, into judges' chambers, and to government and industry-sponsored roundtables of the 1980's and 90's. From this, a larger story emerges, namely that of the development of corporate law as seen by an American trial lawyer, an evolution from an enterprise primarily local into one that is immensely powerful, broadly diversified, and increasingly global.
Using St. Thomas Aquinas's natural law philosophy and Divine Exemplar argument to prompt new discussion of ethical questions that lawyers and judges should confront, the author delivers a complete occupational profile for the professional conduct of judges and lawyers. St. Thomas's discourse on such topics as procedural law, judicial and advocate conduct and character, criminal and civil practice standards, and sentencing guidelines provides a blueprint for the Christian lawyer and judge by laying out the professional and ethical parameters that make the actor operate in accordance with reason and morality. This text on Thomistic jurisprudence challenges the current beliefs of law and the justice system, the functions of lawyers, advocates, and judges, and traditional views on evidence and punishment, and suggests a return to the "roots" of the system, in which reason, virtue, and justice guide the law and its practice. Lawyers, judges, students, and scholars should find in these pages a unique approach to renewing our beleaguered justice system. Relying on extensive quotations from the works of St. Thomas Aquinas, the author begins the text with an explication of St. Thomas's influences, legal philosophy, and thoughts on virtue and the law. He then devotes several chapters to specific concepts in Thomistic jurisprudence, including prudence, the common good, judicial process, judgment, and punishment. The final chapters analyze the role of lawyers and judges, and argues for the need for the application of the Thomistic model of jurisprudence to our criminal justice system.
The prominence of law and lawyers in popular culture is shown in the wealth of late-nineteenth to mid-twentieth century postcards and ephemera collected in this book. From humorous cards depicting love, divorce, drinking and cute animals and children in legal garb to serious depictions of women lawyers, courthouses and law firm libraries, they are a rich source for understanding popular opinions of lawyers, the courts, and the law. MICHAEL H. HOEFLICH is the John H. & John M. Kane Professor of Law at the University of Kansas School of Law. He is the author of numerous books including Roman and Civil Law and the Development of Anglo-American Jurisprudence (1997), Sources of the History of the American Law of Lawyering (published by The Lawbook Exchange, Ltd., 2007) and Legal Publishing in Antebellum America (2010).
Every year, thousands of people seek asylum in the United States because they have been persecuted in other countries due to their race, religion, nationality, social group, or political opinion. In seeking refuge and protection, these immigrants must rely on the American court system to help them achieve safety from the great harm they have suffered. In her unique and compelling judicial memoir, Susan Yarbrough, a former US immigration judge, highlights five significant asylum cases that she heard and decided during almost eighteen years on the benchcases that profoundly changed her not only as a judge, but also as a person. Yarbrough recounts heartrending testimony described against the background of the countries in which the persecution took place, following each account with personal reflections on how she was emotionally and spiritually transformed by each person who testified. From Josue Maldonado, persecuted in El Salvador because of his religion, to Daniel Quetzal, an Indian from Guatemala who was tied naked to a pole and tortured because of his political opinion, the cases that the author shares provide an unforgettable glimpse into the lives of courageous people who risked everything for peace and freedom in the United States. Bench-Pressed is the story of five asylum seekers and the judge who was irrevocably changed by the intersection of her life with theirs.
"Digital Forensics for Legal Professionals" provides you with a guide to digital technology forensics in plain English. In the authors years of experience in working with attorneys as digital forensics experts, common questions arise again and again: What do I ask for? Is the evidence relevant? What does this item in the forensic report mean? What should I ask the other expert? What should I ask you? Can you explain that to a jury? This book answers many of those questions in clear language that is understandable by non-technical people. With many illustrations and diagrams that will be usable in court, they explain technical concepts such as unallocated space, forensic copies, timeline artifacts and metadata in simple terms that make these concepts accessible to both attorneys and juries. The authors also explain how to determine what evidence to ask
for, evidence might be that could be discoverable, and the methods
for getting to it including relevant subpoena and motion language.
Additionally, this book provides an overview of the current state
of digital forensics, the right way to select a qualified expert,
what to expect from a qualified expert and how to properly use
experts before and during trial.
With legal fees coming under increasing scrutiny, all law firms, whether they charge by the hour or operate alternative fee arrangements (AFAs) will need to negotiate fees; be it a discount to an hourly rate or a year-long fixed retainer. Budgeting and negotiating skills will be needed by all fee earners with responsibility for agreeing any fees or discounts. The more a firm uses AFAs, the more important budgeting and negotiating becomes. Budgeting and Negotiating Fees with Clients: A Lawyer's Guide is a must-have handbook for individual lawyers, firm leaders and directors of support services who are looking to tackle these challenges head on at both an operational and a strategic level. It provides: * Clear analysis of the increasing importance of budgeting and negotiating fees for all firms whether they have adopted AFAs or rely on hourly rates; * A step-by-step guide for improving individual behaviour and firm-wide processes; and * Practical tools for generating consistently profitable fee structures. Supported by case studies from law firms and law firm clients, along with input from other management consultants, this report covers topics including: * Fee models adopted by law firms; * How AFAs are intensifying the need for budgeting and negotiating skills; * Alternative fees - risks and how to avoid them; * Understanding law firm financial data - a prerequisite for successful budgeting and negotiation; * Creating a realistic matter budget; * An introduction to legal project management; * Overcoming obstacles to negotiating fees effectively; * Managing the negotiation process effectively; * Obtaining the desired fees and structures; * Tips, tactics and tricks for negotiating; * Developing a strategy for better budgeting and negotiating; * Implementing change and embedding best practice; * Business tools for budgeting, negotiating and client communication; * How to operate value billing; and * Best practice law firm negotiation from a client's perspective. This invaluable resource also includes supporting checklists and templates to allow readers to start putting the lessons learnt throughout the report into practice immediately.
This report is designed as a practical guide to help you and your firm get to grips with process improvement techniques, and to understand their core benefits and practical applications in a legal environment. With contributions from leading law firms, consultants, and internationally renowned experts on legal process improvement and project management, this report: Provides in-depth, strategic, and tactical guidance on the application of process improvement in law firms; Outlines the different approaches firms are taking, and includes case studies highlighting what the results have been for those who have already adopted process improvement techniques; Includes practical guidance on implementing process improvement - from gaining buy-in through to process mapping and devising different strategies; and Explains the relationship between legal process improvement and related disciplines and key methodologies such as Lean and Six Sigma, project management, and KM.
Judicial authority is constituted by everyday practices of individual judicial officers, balancing the obligations of formal law and procedure with the distinctive interactional demands of lower courts. Performing Judicial Authority in the Lower Courts draws on extensive original, independent empirical data to identify different ways judicial officers approach and experience their work. It theorizes the meanings of these variations for the legitimate performance of judicial authority. The central theoretical and empirical finding presented in this book is the incomplete fit between conventional norms of judicial performance, emphasizing detachment and impersonality, and the practical, day-to-day judicial work in high volume, time-pressured lower courts. Understanding the judicial officer as the crucial link between formal abstract law, the legal institution of the court and the practical tasks of the courtroom, generates a more complete theory of judicial legitimacy which includes the manner in which judicial officers present themselves and communicate their decisions in court.
Newspapers as a record of the day's events and conduit for public business have been part of life in the United States for several hundred years. While some newspapers claim the "newspaper of record" characteristics for themselves, others are so designated to serve specific community functions, such as the town chronicler or public notice distributor. The expression "newspaper of record" is most often found among works by lawyers, historians, and librarians. Yet many newspapers are now developing online news products that do not correspond directly to the newsprint version. Many are asking whether online newspapers will replace traditional newsprint products and whether the online version can or should be treated as equal to the newsprint version. State and municipal governments are exploring electronic distribution of public notices, challenging newspapers' exclusive claim to legal notice advertising revenue. Martin and Hansen focus on some of the traditional uses of newspapers by groups who use the "newspaper of record" concept, and they compare traditional newspapers to online newspapers as "records." After a historical review, they examine legal and archival uses for newspapers, report on several case studies of online newspaper production, and conclude with suggestions for future scholarly, legal, and industry focus on the "newspaper of record" concept. This valuable analysis serves professionals in journalism and law as well as scholars and researchers in journalism and archive management.
At its core, the purpose of strategy in any for-profit organization is to position the firm to achieve better and more sustainable returns than the competition. In other words, the purpose of strategy is to capture a sustainable competitive advantage. Doing so requires the firm to satisfy major stakeholders (primarily customers, but also knowledge workers, shareholders, and others) over both the near and longer term. Ultimately, business strategy is about winning in competitive markets. Strategic Planning for Law Firms: A Practical Roadmap - authored by renowned strategic management expert John Sterling - provides the reader with a workable, real world strategic planning process they can use in their own firms. That process includes: - An approach to developing a strong analytical foundation and framework - providing an objective, factual assessment of the internal and external environment facing the firm; - A means of defining the firm's strategic direction - enabling the firm to articulate and agree upon its direction including: *What the firm (or practice group) aspires to become over the long run; and *What position(s) the firm or practice intends to occupy (i.e. what it will be known for). -A means of developing action oriented strategies - enabling the firm (or practice) to agree upon the sometimes difficult trade-offs among its strategic alternatives, enabling it to focus resources on achieving its aspirations and desired market positions; and - An approach for identifying near term action plans (and prioritizing those action plans) so that individuals are directly engaged in (and are accountable for) roles that put the strategy into operation on a day-to-day basis. Readers of the previous edition will find much new to explore in the second edition, including a thoroughly updated discussion of the core strategic issues facing law firms; refreshed case studies that outline real world responses to current strategic issues, strategic planning challenges, and strategy implementation imperatives; a deep dive into applying "Blue Ocean" strategy in a law firm setting; and a discussion of how the "Business Model Canvas" can be used to rethink practice areas, pricing, and ancillary businesses.
Prince of Peace: A Memoir of an African-American Attorney, Who Came of Age in Birmingham During the Civil Rights Movement
The essays in this collection are based on papers originally presented at the sixth meeting of the European-American Consortium for Legal Education, held at the University of Helsinki, Finland in May, 2007. EACLE is a transatlantic consortium of law faculties dedicated to co- eration and to the exchange of ideas between different legal systems and cultures. Each year the EACLE colloquium considers a speci?c legal qu- tion from a variety of national perspectives. The 2007 initiative on "The Internationalization of Law and Legal Education" was coordinated by the staff of the University of Helsinki Faculty of Law and the Academy of F- land Centre of Excellence in Global Governance Research. We would like to thank those who attended the 2007 meeting for their insightful remarks, and for their inspiration, suggestions, and encouragement in making this volume and the EACLE consortium so effective in fostering greater trans- lantic cooperation on law and legal education. Thanks are also due to the faculty, staff and students of the Center for International and Comparative Law who prepared this volume for publication, and particularly to Morad Eghbal, James Maxeiner, Kathryn Spanogle, Jordan Kobb, Astarte Daley, Suzanne Conklin, P. Hong Le, P- tima Lele, Nicholas McKinney, Shandon Phan, T.J. Sachse, Katherine Si- son, Toscha Stoner-Silbaugh, Bjorn ] Thorstensen, Ryan Webster, and Cheri Wendt-Taczak."
The naked lawyer is back by popular demand! This time the focus is on the future and what that will mean for legal businesses. This new report, tomorrow's naked lawyer, builds on the current thinking on a variety of subjects and explores and challenges conventional thinking and wisdom with regard to marketing, branding, technology, artificial intelligence, robotics, and the future of law during the period of 2015 to 2045. This report focuses on the impact artificial intelligence is currently having and will inevitably have on the black and white letter of the law. The author poses challenging questions about where society, the market, and the legal ecosystem is moving (and where the law is lagging behind), all the while providing practical solutions in relation to the psychology and skills that you will need to future proof your career and/or your business. Based on compelling research from a wide spectrum of resources and fields, and with input from numerous authoritative and respected global leaders within the legal profession and far beyond, the report describes the improvements and automations that may be made for your personal good, the client good, the legal business good, and for the good of legal justice systems throughout the world. A glimpse at the content... --- Practical advice, case studies and examples to help you and your business grow --- Examples from IBM, Google, UBS, DAS, LexisNexis, and Peppermint Technology --- Contributions from eminent, and world renowned professionals, leading thinkers, scientists, technologists, futurists, and entrepreneurs --- Some storytelling and cheekiness in true naked lawyer style! It's time to start providing answers and solutions to how we can embrace NewTech and the NewHuman by creating NewLaw and still be successful. tomorrow's naked lawyer does exactly this. It is an important read for anyone, anywhere in the world, who is curious about the future of law and how to prepare for it. Lawyers, non-lawyers, suppliers, consultants, entrepreneurs, innovators, investors, YOU ... enjoy the tomorrow's naked lawyer journey!
The public image of judges has been stuck in a time warp; they are invariably depicted in the media - and derided in public bars up and down the country - as 'privately educated Oxbridge types', usually 'out-of-touch', and more often than not as 'old men'. These and other stereotypes - the judge as a pervert, the judge as a right-wing monster - have dogged the judiciary long since any of them ceased to have any basis in fact. Indeed the limited research that was permitted in the 1960s and 1970s tended to reinforce several of these stereotypes. Moreover, occasional high profile incidents in the courts, elaborated with the help of satirists such as 'Private Eye' and 'Monty Python', have ensured that the 'old white Tory judge' caricature not only survives but has come to be viewed as incontestable. Since the late 1980s the judiciary has changed, largely as a result of the introduction of training and new and more transparent methods of recruitment and appointment. But how much has it changed, and what are the courts like after decades of judicial reform? Given unprecedented access to the whole range of courts - from magistrates' courts to the Supreme Court - Penny Darbyshire spent seven years researching the judges, accompanying them in their daily work, listening to their conversations, observing their handling of cases and the people who come before them, and asking them frank and searching questions about their lives, careers and ambitions. What emerges is without doubt the most revealing and compelling picture of the modern judiciary in England and Wales ever seen. From it we learn that not only do the old stereotypes not hold, but that modern 'baby boomer' judges are more representative of the people they serve and that the reforms are working. But this new book also gives an unvarnished glimpse of the modern courtroom which shows a legal system under stress, lacking resources but facing an ever-increasing caseload. This book will be essential reading for anyone wishing to know about the experience of modern judging, the education, training and professional lives of judges, and the current state of the courts and judiciary in England and Wales.
With the introduction of Alternative Business Structures fast approaching and more and more partnerships converting to LLP status to meet the new requirements and remain competitive - now may be the time to start considering the benefits of conversion for your own firm. The conversion process can be a challenging one with wide-reaching implications. But a successful LLP conversion can provide the ideal opportunity to review your core business operations, allowing you to plan positive change and growth in an increasingly competitive and changing market. Managing Partner's new report on LLP Conversion for Law Firms provides a highly practical, step-by-step guide specifically taking into account the unique considerations that are raised by today's economy and evolving legal marketplace. It highlights the key questions that need to be asked during the preparation and transition stages, as well as how to deal with the complications that may arise after conversion has taken place. Key topics covered include: + Converting from a partnership to an LLP - key considerations and trends; + Advantages and disadvantages of converting from a partnership to an LLP; + Preparatory work and practical issues involved; + The default provisions and their drawbacks; + Tailoring the LLP agreement to reflect the needs of your firm; + Transferring the existing partnership business into the LLP - key issues and contractual obligations; + The general tax treatment of limited liability partnerships - possible complications that may arise after the conversion and how they might be handled; + Management and technical resources involved in the conversion - Is outsourcing an option? + The implications of the Legal Services Act 2007 and the introduction of Alternative Business Structures. LLP Conversion for Law Firms includes valuable behind-the-scenes access to existing LLPs and the common pitfalls and successes they encountered through the conversion process. In addition, you will also find a precedent for an LLP agreement within the Appendix. Whats more ...this publication comes complete with a complimentary CDRom containing all the required forms for an LLP agreement in an easy to access format. About the author Nicholas Wright is chief executive of Wright Son & Pepper. He has specialised in LLPs and professional regulation for over 15 years and has been a member of the Solicitors' Assistance Scheme for most of that time. He has acted for a number of substantial firms in dealing with regulatory issues, as well as dealing with drafting, restructuring issues and disputes. |
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