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Books > Law > Jurisprudence & general issues > Legal profession > General
- Provides new Law students with a step-by-step guide to answering a key form of assessment. - Accessibly written so will suit both domestic and international students studying Law for the first time. - Includes extensive pedagogical assistance with tasks to reinforce learning at each step in the process.
Key Directions in Legal Education identifies and explores key contemporary and emerging themes that are significant and heavily debated within legal education from both UK and international perspectives. It provides a rich comparative dialogue and insights into the current and future directions of legal education. The book discusses in detail topics including the pressures on law schools exerted by external stakeholders, the fostering of interdisciplinary approaches and collaboration within legal education and the evolution of discourses around teaching and learning legal skills. It elaborates on the continuing development of clinical legal education as a component of the law degree and the emergence and use of innovative technologies within law teaching. The approach of pairing UK and international authors to obtain comparative insights and analysis on a range of key themes is original and provides both a genuine comparative dialogue and a clear international focus. This book will be of great interest for researchers, academics and post-graduate students in the field of law and legal pedagogy.
For increasingly data-savvy clients, lawyers can no longer give "it depends" answers rooted in anecdata. Clients insist that their lawyers justify their reasoning, and with more than a limited set of war stories. The considered judgment of an experienced lawyer is unquestionably valuable. However, on balance, clients would rather have the considered judgment of an experienced lawyer informed by the most relevant information required to answer their questions. Data-Driven Law: Data Analytics and the New Legal Services helps legal professionals meet the challenges posed by a data-driven approach to delivering legal services. Its chapters are written by leading experts who cover such topics as: Mining legal data Computational law Uncovering bias through the use of Big Data Quantifying the quality of legal services Data mining and decision-making Contract analytics and contract standards In addition to providing clients with data-based insight, legal firms can track a matter with data from beginning to end, from the marketing spend through to the type of matter, hours spent, billed, and collected, including metrics on profitability and success. Firms can organize and collect documents after a matter and even automate them for reuse. Data on marketing related to a matter can be an amazing source of insight about which practice areas are most profitable. Data-driven decision-making requires firms to think differently about their workflow. Most firms warehouse their files, never to be seen again after the matter closes. Running a data-driven firm requires lawyers and their teams to treat information about the work as part of the service, and to collect, standardize, and analyze matter data from cradle to grave. More than anything, using data in a law practice requires a different mindset about the value of this information. This book helps legal professionals to develop this data-driven mindset.
Grounded in Critical Race Theory (CRT), Black Men in Law School refutes the claim that when African American law students are "mismatched" with more selective law schools, the result is lower levels of achievement and success. Presenting personal narratives and counter-stories, Jackson demonstrates the inadequacy of the mismatch theory and deconstructs the ways race is constructed within American public law schools. Calling for a replacement to mismatch theory, Jackson offers an alternative theory that considers marginalized student perspectives and crystallizes the nuances and impact that historically exclusionary institutions and systems have on African American law school students. To further the debate on affirmative action, this book shows that experiences and voices of African American law school students are a crucial ingredient in the debate on race and how it functions in law schools.
Published in 1986 this book considers how relationships within the education system are growing more complicated as staff, pupils and parents are increasingly aware of their legal rights and willing to assert them. It discusses possibilities for conflict such as growing teacher militancy and an emphasis on staff development and appraisal causing tension. The book also considers moves towards accountability and the increasing involvement of governors and teachers presenting further sources of conflict. Finally, it looks as truancy and other pupil difficulties involving legal issues. Teachers, headmasters, and other concerned parties are frequently unaware of the precise nature of their rights and responsibilities. However, underlying and regulating all educational activities is educational law as set out in various Acts of Parliament. This book provides a comprehensive overview of educational law from 1986 and discusses how it relates to controversies in education. It covers all aspects of the topic including the administrative arrangements, the independent sector, multiracial education and teachers' contractual obligations.
Published in 1996, this book presents an innovative method for studying the work of professionals with clients that was applied to an evaluation study of legislation and of lawyers working with clients seeking a divorce. With the simulated client methods, the researcher plays the role of simulated or hypothetical clients with predetermined characteristics who are consulting a lawyer, the research subject. The research is carried out in the natural setting of the lawyer's office and the lawyer conducts business as usual. The method overcomes problems of access due to client confidentiality that are commonly found in research of professional groups. It is a qualitative but focused method for evaluation research which has strengths for making comparisons across professional practice. The book will be useful to those conducting research on professionals and other elite groups working with clients as well as those interested in the socio-legal study of legal professionals. This book was originally published as part of the Cardiff Papers in Qualitative Research series edited by Paul Atkinson, Sara Delamont and Amanda Coffey. The series publishes original sociological research that reflects the tradition of qualitative and ethnographic inquiry developed at Cardiff. The series includes monographs reporting on empirical research, edited collections focussing on particular themes, and texts discussing methodological developments and issues.
This book addresses the difficult decisions in the life of law students, graduates and young law professionals in deciding the area of legal practice to pursue as a career. The number of legal fields and subfields is over one hundred, making it virtually impossible for an upcoming lawyer to explore all of these career avenues. Many students finish law school with little understanding of what specific law careers involve, for example, or what sports or space lawyers routinely do. This book highlights the time-consuming nature of law education and training that causes a lack of experience in legal fields as being able to successfully determine the right legal profession for the student. Finding a law career that is a significant source of satisfaction is a function of serious thinking and active research, which the current university to legal practice does not facilitate. This book is a practical guide for any student or current lawyer who is deciding and evaluating their future legal profession.
Born to a Jewish immigrant shopkeeper in a small Alabama town, Morris Ernst used aggressive self-promotion and exaggeration-what he called "exhibitionism"-to transcend his insecurities and his part-time legal training to become one of America's most famous lawyers. During the first half of the twentieth century, Ernst championed free speech, sexual education, birth control, and reproductive health, and his landmark defense of James Joyce's Ulysses in 1933 cemented Ernst's reputation as the top progressive attorney of the era. To promote himself, Ernst befriended newspaper writers, authors, actors, politicians, any practically anyone whose work carried some weight in popular culture. But his hunger for respect and recognition, and his need for excitement, led Ernst to lavish praise on J. Edgar Hoover and to publicly defend, and profit from, a Dominican dictator. Ernst thereby undermining his own credibility and largely fell out of favor with the public. By examining key moments of his life and career, The Legal Exhibitionist describes how Ernst's exhibitionism led to his rise and fall and suggests how his strategy of exaggeration anticipated the rise of today's celebrity lawyers.
This book will be crucial reading for students across a variety of disciplines. A broadly socio-legal text, using a mixed-methods design combining grounded theory with an in-depth case study, this research explores a rarely-seen facet of the legal profession. Sociologists studying the practical effect of sociological concepts from theorists such as Bourdieu and Weber; those studying the legal profession from the sociological, law or psychological angles; anyone examining elite professions; management students examining the operation of professional associations and the ways in which these mobilise to take action on controversial topics; those studying the role and creation of outreach: all will find something of interest in this monograph. For those within the legal profession itself it also provides a look into an oft-hidden world: that of the English Bar. A notoriously secretiveprofession, traditional, elite and suspicious of research - the case study evaluatingan outreach programme sheds light on how this fascinating world operates when trying to engage in progressive steps. Through the eyes of a professional association seeking to improve socio-economic diversity in the profession through instituting an access programme focussed on work experience, it examines not just how professional association action may succeed or fail, but why. With foreword by Lord Neuberger, former President of the Supreme Court and Chair of the Working Party on Entry to the Bar.
Innovation in legal services remains a hot topic, yet technology adoption does not always keep up with the hype. While there is a plethora of academic and professional research about the area, there is a lack of guidance on the practicalities of helping professionals actually get innovation right. This book focuses on implementing innovation and the innovation process in a law firm, from pilot to adoption and everything in between (whether that be within the law firm itself or undertaken by the law firm’s clients). Divided into four parts to reflect the innovation lifecycle of examine, explore, develop and reflect, this book is a practical guide for those starting or doing innovation in law firms. Students keen to know how innovation is implemented in practice will also find it useful. Innovation in Law Firms is packed with insight from the authors who lead the award-winning innovation team at Weightmans, and who have experience of starting innovation from scratch, as well as viewpoints ranging from the strategic, board-level perspective to the on-the-ground experience of actually doing innovation projects. It is practical rather than theoretical in style and aims to fill some of the adoption gap by exploring the highs and lows of innovating in law firms, and outlining practical steps that can be taken to mitigate some of the potential pitfalls. Whether at the start or part way through an innovation journey, this book allows readers to dip in and out providing guidance on specific issues as they arise as part of the innovation lifecycle.
A Lincoln Legacy: The History of the U.S. District Court for the Western District of Michigan by David Gardner Chardavoyne with Hugh W. Brenneman, Jr. provides the first and only comprehensive examination of the history of the United States federal courts in the Western District of Michigan. The federal courts were established by the U.S. Constitution to adjudicate disputes involving federal laws, disputes between litigants from different states involving state and federal laws, and to punish violations of criminal laws passed by Congress. During the Civil War, Abraham Lincoln signed legislation creating two federal districts in the state of Michigan: the Eastern and Western Districts-the latter of which is headquartered in Grand Rapids and which now encompasses the western half of the Lower Peninsula and all of the Upper Peninsula. With the rapid expansion of legislation passed by Congress, the increasing mobility of society, and the growth of interstate commerce, the federal courts have assumed an important and sometimes dominant role in major litigation today. In A Lincoln Legacy, Chardavoyne tracks the history of these courts over eleven chapters, from their creation by the Northwest Ordinance of 1787 to 2020. He discusses the changes in society that drove the evolving federal litigation and some significant cases heard in the Western District. Additionally, fifteen appendices are included in the book, listing of all the federal circuit and district judges in the Western District; commissioners; magistrate judges and bankruptcy judges; U.S. Attorneys; clerks of the courts; U.S. Marshals; and more. Chardavoyne also identifies auxiliary offices and organizations revolving around the federal court that play a major role in its activities (e.g., the U.S. Attorney's Office, the Federal Public Defender's Office, the Federal Bar Association, etc.). A Lincoln Legacy provides a thorough examination of the history of the federal courts of Western Michigan. It will appeal to those learning and practicing law, as well as those with an interest in Michigan history.
Relationships are top-of-mind for in-house lawyers today. Inherent tension in the relationship between in-house lawyers and their organisation, which is both their client and their employer, and the increasing scrutiny of in-house lawyers due to recent corporate and political scandals has put pressure on the management of their relationships with themselves, their teams and their client organisations. Appositely, CEOs, NEDs and boards not only struggle to navigate their relationship with in-house lawyers but also are often unaware of the underlying systemic problems in the function and profession, which can adversely affect organisational sustainability. This book shows how in-house lawyers across the world can better manage their relationships with themselves and others, and how their client organisations can reciprocate. The main theme throughout is that reframing relationships, and then making small changes in them, can together have a big impact on individual fulfilment, organisations and society. Key features of this title include: Exploration of the evolution of the legal function; Diagnostics and tools to assess and manage relationships with boards, law firms and the ESG movement; Strategies to address common relationship issues with key individuals including the CEO, CFO, compliance, the Group GC and other in-house lawyers; Guidance on allaying career concerns and dealing with an overwhelming workload which threatens work–life balance; and The nature of leadership as it pertains to the legal function. Written by Ciarán Fenton, who has worked with hundreds of in-house lawyers as well as CEOs, chairs and boards all over the world, The Modern In-house Lawyer draws on the author’s own consulting experience and successes and failures in relationship management – including case studies demonstrating what works, and what doesn’t – and the insights of other academics and experts. It provides in-house lawyers at all levels, members of the c-suite and private practice lawyers with the principles, tools and models to manage their key relationships and enhance their work.
It has been said that the only asset that a lawyer has is time. But the reality is that a lawyer's greatest asset is information. The practice and the business of law is all about information exchange. The flow of information travels in a number of different directions during the life of a case. A client communicates certain facts to a lawyer. The lawyer assimilates those facts and seeks out specialised legal information which may be applicable to those facts. In the course of a generation there has been a technological revolution which represents a paradigm shift in the flow of information and communication. Collisions in the Digital Paradigm is about how the law deals with digital information technologies and some of the problems that arise when the law has to deal with issues arising in a new paradigm.
For several years legal professions across the world have, to varying degrees, been undergoing dramatic changes as a result of a range of forces such as globalization, diversification and changes in regulation. In many jurisdictions the extent of these transformations have led to a process of professional fragmentation and generated uncertainty at institutional, organisational and individual levels about the nature and future of legal professionalism. As a result legal education is in flux in many of jurisdictions including the United States, the UK and Australia, with further effects in other Common Law and some Civil law countries. The situation in the UK exemplifies the sense of uncertainty and crisis, with a growing number of pathways into law; an increasing surplus of law graduates to graduate entry positions and most recently proposals for reform of legal education and training by the Solicitors Regulation Authority (SRA). This collection addresses both current and historical approaches showing that some problems which appear to be modern are endemic, that there are still some important prospects for change and that policy issues may be more important than the interests of lawyers and educators. This makes this volume a source of interest to lawyers, law students, academic and policy makers as well as the discerning public. This book was previously published as a special issue of the International Journal of the Legal Profession.
Judicial Education has greatly expanded in common law countries in the past 25 years. More recently it has become a core component in judicial reform programs in developing countries with gender attentiveness as an element required by donor agencies. In civil law jurisdictions judges schools have long played a role in the formation of the career judiciary with a focus on entry to the judicial profession, in some countries judges get an intensive in-service education at judicial academies. Gender questions, however, tend to be neglected in the curricula. These judicial education activities have generated a significant body of material and experience which it is timely to review and disseminate. Questions such as the following require answers. What is the current state of affairs? How is judicial education implemented in developed and developing countries all around the world? Who are the educators? Who is being educated? How is judicial education on gender regarded by judges? How effective are these programs? The chapters in this book deal with these questions. They provide a multiplicity of perspectives. Six countries are represented, of these four are civil law countries (Germany, Argentina, Japan, Bosnia and Herzegovina) and two are common law countries (Canada; Uganda). This book was previously published as a special issue of International Journal of the Legal Profession.
Lynne's Laws have been honed from personal experience of leading a pioneering small law firm. Lynne Burdon shares stories from her own experience as founder and leader of two successful firms to illustrate the principles of leadership that are essential to create a successful business. She reveals the practical steps to success: creating a great place to work which will attract and retain the best staff and thus deliver outstanding service to clients. Work should be meaningful and fun: these principles will show you how to make this true for yourself and your organisation.
Between 2000 and 2015, women ascended to the top of judiciaries across Africa, most notably as chief justices of supreme courts in common law countries like Ghana, Nigeria, Sierra Leone, Gambia, Malawi, Lesotho and Zambia, but also as presidents of constitutional courts in civil law countries such as Benin, Burundi, Gabon, Niger and Senegal. Most of these appointments was a "first" in terms of the gender of the chief justice. At the same time, women are being appointed in record numbers as magistrates, judges and justices across the continent. While women's increasing numbers and roles in African executives and legislatures have been addressed in a burgeoning scholarly literature, very little work has focused on women in judiciaries. This book addresses the important issue of the increasing numbers and varied roles of women judges and justices, as judiciaries evolve across the continent. Scholars of law, gender politics and African politics provide overviews of recent developments in gender and the judiciary in nine African countries that represent north, east, southern and west Africa as well as a range of colonial experiences, postcolonial trajectories and legal systems, including mixes of common, civil, customary, or sharia law. In the process, each chapter seeks to address the following questions: What has been the historical experience of the judicial system in a given country, from before colonialism until the present? What is the current court structure and where are the women judges, justices, magistrates and other women located? What are the selection or appointment processes for joining the bench and in what ways may these help or hinder women to gain access to the courts as judges and justices? Once they become judges, do women on the bench promote the rights of women through their judicial powers? What are the challenges and obstacles facing women judges and justices in Africa? Timely and relevant in this era in which governmental accountability and transparency are essential to the consolidation of democracy in Africa and when women are accessing significant leadership positions across the continent, this book considers the substantive and symbolic representation of women's interests by women judges and the wider implications of their presence for changing institutional norms and advancing the rule of law and human rights.
The legal services marketplace has become ever more competitive. Identifying a robust business strategy and sources of competitive advantage are difficult challenges for law firms today. The review of legal services carried out by Sir David Clementi, leading to the Legal Services Bill, paves the way for yet more change, competition and consolidation. As well as reviewing the way that law firms are regulated, the Bill will de-regulate the ownership of law firms, so that they can be made public or owned by multi-disciplinary principals. For the first time, firms now face the prospect of not being wholly owned and managed by lawyers, and of being able to seek capital in the general finance markets in the same way as other businesses. Stephen Mayson has been a consultant to law firms all over the world for more than 20 years, and is one of the most respected commentators on legal practice. In this new book, he presents the first in-depth and systematic treatment of strategy, competitive advantage and valuation for the legal services market. The text provides practical guidance for law firms on how respond to the reforms to be introduced by the Legal Services Bill, and in particular how to build and preserve value in the new environment. It explores in detail a range of factors that firms need to address in order to face both known and new forms of competition, and build a sustainable business. In the first part of the book, the author explores the emerging landscape of legal services. He discusses fair market valuation and the link between strategy, competitive advantage and valuation, before addressing regulation and competition. Here the decline of regulatory barriers (including the Clementi Review and the Legal Services Bill) and the effects of maturing markets are examined, as well as the issues and challenges of consolidation and polarisation of legal service providers, and globalisation. Mayson then examines the nature of competitive advantage, including its foundations and sustainability. In the third section, the principles of valuation, including definitions of value and methods of valuation, are looked at, in addition to an analysis of the drivers of value in law firms and guidance on how to optimise and sustain income. A section on the implications of valuation then focuses on issues such as the possible tensions between individuals and the organisation, collective action and commitment, and the longevity of the firm. In the final section, the author looks at the foundations of strategy, such as: its context; the 'strategic triangle' of services, clients and geography; strategic objectives and risks; the strategic response; and the building of capital for competitive advantage (including a discussion of financial, physical, human, social and organisational capital). The book ends with a discussion of future prospects for the legal services market. Law Firm Strategy: Competitive Advantage and Valuation is an invaluable text for those already managing law firms, those looking to compete with existing law firms in the new environment, and those who are not lawyers but find themselves with an opportunity to own, invest in or manage a legal services business.
Grounded in Critical Race Theory (CRT), Black Men in Law School refutes the claim that when African American law students are "mismatched" with more selective law schools, the result is lower levels of achievement and success. Presenting personal narratives and counter-stories, Jackson demonstrates the inadequacy of the mismatch theory and deconstructs the ways race is constructed within American public law schools. Calling for a replacement to mismatch theory, Jackson offers an alternative theory that considers marginalized student perspectives and crystallizes the nuances and impact that historically exclusionary institutions and systems have on African American law school students. To further the debate on affirmative action, this book shows that experiences and voices of African American law school students are a crucial ingredient in the debate on race and how it functions in law schools.
The second edition of this popular handbook has been thoroughly updated by the original team of experts and some new contributors, to provide current best practice guidance on the key legal information issues for every type of service. Each of the chapters is updated to reflect general changes in law libraries and their users in the past seven years. In particular, the handbook covers new information technologies, including social networking and communication. New chapters also focus on the key topics of outsourcing, and the impact of the 2007 Legal Services Act. The second edition of this valuable handbook continues to be an important professional reference tool for managers and staff of all types of legal information services, and will help them with the challenges they face in their work every day.
Becoming a partner in a professional services firm is for many ambitious fee-earners the ultimate goal. But in this challenging industry, with long hours, high pressure and even higher expectations, how do you stand out from the crowd? How do you build the most effective relationships? And how do you find the time to do all of this and still have a fulfilling personal life? Now in its third edition, How to Make Partner and Still Have a Life equips individuals at the start of their career through to partner with the skills needed to reach and succeed at the leadership level. How to Make Partner and Still Have a Life details the expectations and realities of being a partner and outlines how you can continue to achieve once you have obtained the much-coveted role. This edition is updated with guidance on developing the right mindset for success and the importance of mentoring and sponsorship. There is a specific focus on women and BAME professionals and the challenges faced by individuals coming from non-traditional or under-represented backgrounds. Heather Townsend and Jo Larbie provide a guide to help you tackle common obstacles and work smarter - not harder - to reach the top. Start your journey to partnership and still have the time for a life outside of work. |
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