The concept of learning to 'think like a lawyer' is one of the cornerstones of legal education in the United States and beyond. In this book, Jeffrey Lipshaw provides a critique of the traditional views of 'thinking like a lawyer' or 'pure lawyering' aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing on his extensive experience at the intersection of real world law and business issues, Professor Lipshaw presents a sophisticated philosophical argument that the "pure lawyering" of traditional legal education is agnostic to either truth or moral value of outcomes. He demonstrates pure lawyering's potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors. This book offers an avenue for getting beyond (or unlearning) merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book will be of great interest to scholars of legal education, legal language and reasoning as well as professors who teach both doctrine and thinking and writing skills in the first year law school curriculum; and for anyone who is interested in seeking a perspective on 'thinking like a lawyer' beyond the litigation arena.

American society has undergone a revolution within a revolution. Until the 1960s, America was a liberal country in the traditional sense of legislative and executive checks and balances. Since then, the Supreme Court has taken on the role of the protector of individual rights against the will of the majority by creating, in a series of decisions, new rights for criminal defendants, atheists, homosexuals, illegal aliens, and others. Repeatedly, on a variety of cases, the Court has overturned the actions of local police or state laws under which local officials are acting. The result, according to Quirk and Birdwell, is freedom for the lawless and oppression for the law abiding. Judicial Dictatorship challenges the status quo, arguing that in many respects the Supreme Court has assumed authority far beyond the original intent of the Founding Fathers.

In order to avoid abuse of power, the three branches of the American government were designed to operate under a system of checks and balances. However, this balance has been upset. The Supreme Court has become the ultimate arbiter in the legal system through exercise of the doctrine of judicial review, which allows the court to invalidate any state or federal law it considers inconsistent with the constitution. Supporters of judicial review believe that there has to be a final arbiter of constitutional interpretation, and the Judiciary is the most suitable choice. Opponents, Thomas Jefferson and Abraham Lincoln among them, believed that judicial review assumes the judicial branch is above the other branches, a result the Constitution did not intend. The democratic paradox is that the majority in America agreed to limit its own power.

Jefferson believed that the will of the majority must always prevail. His faith in the common man led him to advocate a weak national government, one that derived its power from the people. Alexander Hamilton, often Jefferson's adversary, lacking such faith, feared "the amazing violence and turbulence of the democratic spirit." This led him to believe in a strong national government, a social and economic aristocracy, and finally, judicial review. This conflict has yet to be resolved. Judicial Dictatorship discusses the issue of who will decide if government has gone beyond its proper powers. That issue, in turn, depends on whether the Jeffersonian or Hamiltonian view of the nature of the person prevails. In challenging customary ideological alignments of conservative and liberal doctrine, Judicial Dictatorship will be of interest to students and professionals in law, political scientists, and those interested in U.S. history.

Commentators have argued for many years that law firms need to move forward from their traditional, seniority-based compensation systems. But it's not enough to simply add performance-related elements at the edges of these. Shifting generational-based attitudes; changing career aspirations; increasingly demanding clients; and pricing innovation and development in the range of benefits that can be offered (both financial and non-financial) all conspire to urge firms to rethink how their compensation system operates at all levels, across the whole firm. By reviewing these emerging factors, Compensation Innovation: An in-depth exploration into the future of law firm compensation aims to inspire law firms towards future proofing their compensation systems so that they continue to deliver results as their partnerships age. Exploring also the interplay between compensation and succession planning, and compensation and lateral hiring, the authors keep one eye to the future.

Client experience (CX) is by no means a new concept. Ever since the service industry came into being, providing excellent customer service has been a key concern, with particular focus on how the client experiences the service they are receiving. Yet, client experience is rarely delivered well. Inconsistencies, errors, and an endlessly unanswered phone lead to frustration on the part of the client, and a feeling that they are worth little more than a signature on the monthly timesheet. So, how do law firms, and individual lawyers, ensure they exceed expectations, and deliver the best customer experience possible? And what benefits - tangible and intangible - does this bring? Innovations in Client Experience brings together a collection of global contributors, giving their thoughts and advice on how the legal profession can up its game in client experience, offering innovative strategies and pragmatic advice to those law firms concerned they need to improve their CX.

The most comprehensive practice papers on the market; Practice papers prepared by authors with hands on experience of the LNAT, to ensure the level of difficulty and accuracy of the questions; The book was compiled by a team of LNAT mentors, consultants and coaches who have been mentoring LNAT students for close to a decade, and the team also has contact with and input from assessors and markers of the LNAT examinations.

The discipline of knowledge management (KM) continues to evolve along with our ability to record larger and more varied kinds of information than ever before. Since its inception in the 1990s, it has passed through several stages, quickly becoming a credible field, and now an integral part of major businesses worldwide. Now, many have started to argue that KM is undergoing resurgence, possibly even transforming into KM 3.0, thanks to developments in artificial intelligence (AI). And, while AI has been around for many years, it has become a buzzword in the industry as questions loom over what it could mean for the labor market of the future. Adoption has been relatively slow in the legal profession, owing in part to its conservative nature, individual-focused training and no real incentive to overhaul the hourly billing model1. When in-house legal teams can exceed 1,000 people, sharing and reusing knowledge can easily become inefficient, with counsel often needlessly paying for the same research twice. Global intelligence software leader Comintelli estimates that $8.5 billion per year is lost between Fortune 500 companies alone on poor KM2, up from $31.5 billion in 20043, suggesting a recent rise in the number of firms embracing the concept. Despite this, there are still challenges posed to the legal world, and sharing insight is more vital than ever, not only within companies but between them. Innovations in Legal KM explores the endeavors of various legal firms - the problems they have faced, and the solutions they have developed - to improve their KM processes, and, ultimately, their bottom line.

Time - as they say - is money. It is not an uncommon fact that lawyers today spend unnecessary amounts of time seeking out information, and therefore unnecessary amounts of money. In well-established fields, change is often slow; perhaps none more so than in the legal world. Though progress is being made, uptake has been rather slow, much to the dismay of those in the information management business. Conversely to its cousin, case management, matter management should be thought of more in terms of low-volume but high-value information. The process thus lends itself nicely to forming centralized systems within organizations. It is so pervasive as to allow users to make decisions (e.g. conflict resolution) before matters are even opened, and can maintain a high level of time data accuracy and transparency via unalterable fundamental data. From innovative and simple interfaces to enhanced reporting tools, from notification systems to customizable workflows, triumphs within matter management have enabled companies to become more efficient by saving time and money, and to engage stakeholders in a meaningful way. Redefining Matter Management: A Best Practice Guide to Improving Processes and Profitability is a collection of case studies that highlights some of the most important achievements and ideas in the field today.

Paying For Residential Care: A Guide For Private Client Practitioners is authored by Austin Thornton, co-author of the previous editions of this title. The new edition is a complete rewrite, which has been necessitated by the introduction of the Care Act 2014 and the repeal of the previous law. In a departure from the second edition, the book includes a full section on the legal basis for NHS continuing care eligibility and how to pursue appeals. It provides comprehensive cover of the Care and Support (Charging and Assessment of Resources) Regulations 2014, and will assist advisors in risk assessing the use of family trusts. It is hoped that this work will allow those advisors who are prepared to put in the work necessary to learn the material to make a decent job of arguing with councils and the NHS on the range of topics that are covered. The ultimate aim of this book is therefore to assist the public by enabling lawyers and other advisors to assist them.

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.

Successfully managing a change initiative is no simple feat, regardless of the size of the firm - distilling the process of change into a workforce takes careful planning and support. Change is stressful and difficult for people to process and accept, as we often cling to what we know. This is especially true of lawyers, who are notoriously averse to change. However, the legal sector has begun to rapidly transform - and the firms that don't change with it are going to struggle to stay relevant. In these turbulent times for firms, change initiatives must be properly managed to ensure the whole firm can successfully shift to the new norm and stick to it. Without the proper support and management, a firm runs the risks of alienating their workforce - who will not take well to sudden and imposed change. Managing Legal Change Initiatives looks to illustrate the best methods of introducing and managing change in a sector that is known for being adverse to it. The book highlights the critical obstacles and pitfalls that law firms will face during transitional periods, and outlines some of the best methods of approaching organizational change; from building a change framework to follow, to encouraging a shift in partner behavior through the compensation strategy. This new book also explores why change is so difficult for individuals - with discussion of the neuroscience behind change, and the role of emotional intelligence in leaders to help garner a transformation. With the disruptions to legal services predicted to continue for some time, it will be those firms who adapt, put into place, and act upon a change management strategy that will be the ones capitalize on changes to come.

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.

Legal services providers today need to innovate in their business models, delivery methods, and moreover in their value propositions in order to compete against competition coming in all shapes and sizes (and from unexpected quarters). New Directions in Legal Services examines the fast pace of change in the legal services sector, driven in part by new technologies, and considers what the future holds. We also look at some examples of new business models and service delivery methods that are disrupting the market, and the new approaches to pricing and profitability that are necessary to support new ways of working and delivering legal services. With research, insight and real world case studies from law firm leaders, NewLaw pioneers, in-house counsels, academics, consultants, and legal futurists New Directions in Legal Services covers: The impact of technology on the traditional law firm business model New business models altering the legal services landscape, driven by AI and emerging technologies Moving beyond AI and CC, what is the next big thing for legal services? How Design Thinking can be applied to legal service design The evolving legal talent pool Rethinking pricing and profitability to support new ways of delivering legal services Umbrella models for law firms Unbundling legal services and new options for in-house teams Law firm-client collaboration through the managed legal network Business model innovation - Implementing and sustaining change The message to the legal sector could not be clearer: innovate or die. New Directions in Legal Services clearly outlines how individuals, law firms, and legal departments are accepting the challenge and are innovating alongside the New Law service providers that have taken root in the industry to provide a growing array of options for lawyers and clients

By any measure, the law as a profession is in serious trouble. Americans' trust in lawyers is at a low, and many members of the profession wish they had chosen a different path. Law schools, with their endlessly rising tuitions, are churning out too many graduates for the jobs available. Yet despite the glut of lawyers, the United States ranks 67th (tied with Uganda) of 97 countries in access to justice and affordability of legal services. The upper echelons of the legal establishment remain heavily white and male. Most problematic of all, the professional organizations that could help remedy these concerns instead jealously protect their prerogatives, stifling necessary innovation and failing to hold practitioners accountable. Deborah Rhode's The Trouble with Lawyers is a comprehensive account of the challenges facing the American bar. She examines how the problems have affected (and originated within) law schools, firms, and governance institutions like bar associations; the impact on the justice system and access to lawyers for the poor; and the profession's underlying difficulties with diversity. She uncovers the structural problems, from the tyranny of law school rankings and billable hours to the lack of accountability and innovation built into legal governance-all of which do a disservice to lawyers, their clients, and the public. The Trouble with Lawyers is a clear call to fix a profession that has gone badly off the rails, and a source of innovative responses.

The Insurance Act 2015 ('the Act') is the first comprehensive statutory reform of the insurance law of the United Kingdom since the Marine Insurance Act 1906. It introduces thorough and, in some cases, fairly drastic reform of some of the core tenets of UK insurance law, including: the insured's pre-contractual duty to the insurer, and remedies for its breach; the knowledge of the insured and the insurer for the purposes of the pre-contractual duty; the effect of insurance warranties and other terms tending to reduce the risk of loss; fraudulent claims; and damages for failure to pay an insurance claim in a reasonable time. This book is a thorough introduction to the Act. It focuses primarily on the impact of the Act on English law as applied to non-consumer insurance and reinsurance. Of assistance not only to insurance lawyers and members of the judiciary, but also underwriters, claims handlers, brokers and buyers of non-consumer insurance policies, this book covers each of the core changes brought about by the Act. It also analyses the particular ways in which the Act differs from existing law, by reference to the Marine Insurance Act 1906, and cases decided under the old law.

Obtaining an accurate and comprehensive overview of performance throughout the firm is no easy undertaking - there are numerous aspects of the firm to inspect and many varying streams of information to consider. From individual partner performance to firm-wide cash flow, correctly measuring and managing performance involves a keen eye on both the micro and macro aspects of the firm. Measuring and Managing Performance for Law Firms offers an overview of the measurement and metrics that firms can employ to effectively manage their work force and firm-wide performance. Discussing a range of topics from metrics that stimulate innovative thinking, effectively managing high-performance teams and dealing with stress in the work place, and implementing "balanced scorecards" and "opportunity scoring assessments" to track firm performance and effectively utilize internal information resources.

A frank and witty memoir of life at the Bar and on the Bench, from former High Court Judge The Hon. Sir Harry Ognall. For many years, Harry Ognall enjoyed a formidable reputation as an advocate at the criminal Bar. As counsel, and later as judge, he was involved in numerous high-profile trials, both in Britain and abroad. Among many cases as a QC, he prosecuted Peter Sutcliffe, the so-called 'Yorkshire Ripper'. He successfully defended six officers of the Air Force of Zimbabwe at their trial in Harare, where they faced a charge of treasonable sabotage. As a judge, he presided over the trial of Colin Stagg (the alleged 'Wimbledon Common murderer'), the trial arising from the Lyme Bay canoe tragedy and the trial for the first time in the United Kingdom of a doctor's alleged involvement in euthanasia. Thoughtful and provocative, Sir Harry has advice for the aspiring young advocate, and invests this penetrating memoir with warmth, humour and understanding. His frank portrait of a lifetime in the criminal law offers unique perspectives on some of the most notorious cases of the twentieth century, as well as fascinating insights into a colourful professional life and the burdens and responsibilities that come with the privilege of high judicial office.

The English legal profession, uncharacteristically, was often in the headlines during the 1990s. Reforms initiated by a Conservative Lord Chancellor and extended by his Labour successor transformed traditions, over the vigorous objections of the judiciary, Bar, and Law Society. Rapid market developments enriched some barristers and solicitors while squeezing others. The two professional associations confronted crises in self-regulation and governance. This book mines that tumultuous period for insights into the prospects of professionalism in the 21st century.

"For those lawyers who fall into that group of wanting to better understand AI, there may be no better starting point than Robots in Law" -Robert Ambrogi, Above The Law Although 2016 was the breakthrough year for artificial intelligence (AI) in legal services in terms of market awareness and significant take-up, legal AI represents evolution rather than revolution. Since the first `robot lawyers' started receiving mainstream press coverage, many law firms, other legal service providers, and law colleges are being asked what they are doing about AI. Robots in Law: How Artificial Intelligence is Transforming Legal Services is designed to provide a starting point in the form of an independent primer for anyone looking to get up to speed on AI in legal services. The book is organized into four distinct sections: Part I: Legal AI - Beyond the hype Part II: Putting AI to work Part III: AI giving back - Return on investment Part IV: Looking ahead The first three present an in-depth overview, and analysis, of the current legal AI landscape; the final section includes contributions from AI experts with connections to the legal space, on the prospects for legal AI in the short-term future. "AI is here now. And going to work in law firms. In the second half of 2016, hardly a week went by without some firm, academic or start-up announcing an innovation. Anyone inclined to dismiss this entirely as hype should read Robots in Law. In 150-odd pages we get a clear round-up of what is happening plus (perhaps more interestingly) some predictions from the best human brains in the business about what it all means." - Michael Cross, editor, The Law Society Gazette Along with the emergence of New Law and the burgeoning lawtech start-up economy, AI is part of a new dynamic in legal technology and it is here to stay. The question now is whether AI will find its place as a facilitator of legal services delivery, or whether it will initiate a shift in the value chain that will transform the legal business model. "This book, is recommended for all those wanting to catch up with AI, or those needing to catch up (whether they want to or not). That is pretty much all of us." - Laurence Eastham, Editor of Computers & Law, The Society for Computers and Law Magazine

This handbook is a reference work providing a comprehensive, objective and comparative overview of Space Law. The global space economy reached $330 billion in 2015, with a growth rate of 9 per cent vis-a-vis the previous year. Consequently, Space Law is changing and expanding expeditiously, especially at the national level. More laws and regulations are being adopted by space-faring nations, while more countries are adapting their Space Laws and regulations related to activities in outer space. More regulatory bodies are being created, while more regulatory diversity (from public law to private law) is being instituted as increasing and innovative activities are undertaken by private entities which employ new technologies and business initiatives. At the international level, Space Law (both hard law and soft law) is expanding in certain areas, especially in satellite broadcasting and telecommunications. The Routledge Handbook of Space Law summarises the existing state of knowledge on a comprehensive range of topics and aspires to set the future international research agenda by indicating gaps and inconsistencies in the existing law and highlighting emerging legal issues. Unlike other books on the subject, it addresses major international and national legal aspects of particular space activities and issues, rather than providing commentary on or explanations about a particular Space Law treaty or national regulation. Drawing together contributions from leading academic scholars and practicing lawyers from around the world, the volume is divided into five key parts: * Part I: General Principles of International Space Law * Part II: International Law of Space Applications * Part III: National Regulation of Space Activities * Part IV: National Regulation of Navigational Satellite Systems * Part V: Commercial Aspects of Space Law This handbook is both practical and theoretical in scope, and may serve as a reference tool to academics, professionals and policy-makers with an interest in Space Law.

This book is about supervision in the legal profession with a focus on the experience of novice lawyers. It is the first of its kind. Until now there have been a range of books dedicated to professional supervision in many disciplines, but not law. Supervision is an important link between formal university-based legal education and independent practice and is relevant to a range of contemporary legal practice issues including changes driven by technology, workplace culture, regulating law firm management, and well-being. This book aims to be scholarly and practical. It provides an overview of how supervision is positioned in the legal regulatory framework; it describes how supervision is conceived in the legal profession and practice management literature; and draws lessons from clinical legal education and other professional disciplines. By reporting on survey data, this book also provides insights into practitioners' attitudes and perceptions about supervision in legal practice.

Since the economic downturn law firms that once saw growth as easy and inevitable are finding that the only way to achieve this is now to wrest market share from the competition. There is no one "right" way to do this; some firms have opted for a determined policy of buying market share and recruiting lateral talent, while others rely on more organic growth. With contributions from a wide range of thought leaders and industry experts, Growth Strategies for the Modern Law Firm provides advice on a number growth options available, and shares practical guidance designed to help firm leaders to formulate and implement a profitable, sustainable growth strategy. Topics covered include: Aligning strategy, culture, and performance management with a growth agenda Utilizing a key relationship management program to retain and grow clients and referral sources Implementing listening programs to better serve clients, and create a platform for differentiation and growth Making cross-selling a cornerstone of growth strategies and firm culture Critical success factors that enable lateral hiring to be a key to client growth Creativity and innovations impact on growth strategies for legal departments Systematic programs for lawyer business development Organic growth strategies through focusing practice specialties Holistic approaches to improving client experience that drives client growth and much more...

This book provides and accessible text and critical analysis of the concepts and delivery of community justice, a focal point in contemporary criminal justice. The probation service in particular has undergone radical changes in relation to professional training, roles and delivery of services, but now operates within a mosaic of a number of inter-agency initiatives. This book aims to provide a critical appreciation of community justice, its origin and direction, and to engage with debates on the ways in which the trend towards community justice is changing the criminal justice system. At the same time it examines the inter-agency character of intervention and the developing idea of end-to-end offender management, and familiarises the reader with a number of more specialist area, such as hate crime, mental illness, substance abuse, and victims.

The essays in Erotic Justice address the ways in which law has been implicated in contemporary debates dealing with sexuality, culture and `different' subjects - including women, sexual minorities, Muslims and the transnational migrant. Law is analyzed as a discursive terrain, where these different subjects are excluded or included in the postcolonial present on terms that are reminiscent of the colonial encounter and its treatment of difference. Bringing a postcolonial feminist legal analysis to her discussion, Kapur is relentless in her critiques on how colonial discourses, cultural essentialism, and victim rhetoric are reproduced in universal, liberal projects such as human rights and international law, as well as in the legal regulation of sexuality and culture in a postcolonial context. Drawing her examples from postcolonial India, Ratna Kapur demonstrates the theoretical and disruptive possibilities that the postcolonial subject brings to international law, human rights, and domestic law. In the process, challenges are offered to the political and theoretical constructions of the nation, sexuality, cultural authenticity, and women's subjectivity.