Over the past five years, the American Bar Association and legal educators themselves have been expanding the discussion of professional responsibility. Traditionalists state that lawyers must maximize the gain for their client regardless of whether that means turning a blind eye to behavior or facts which may serve justice but hinder the client's case.In "Why Lawyers Behave as They Do, " Paul Haskell explains the professional rules that govern how lawyers behave and which permit--or require--conduct that laypersons may find unethical. In his criticism of the traditional role of lawyers, Haskell proposes an alternative--and controversial--model of behavior.

Just Lawyers proposes a model for the regulation and organization of lawyers, guided by an ideal of access to justice. It is grounded in empirical analysis of why people complain about lawyers, the nature of existing legal institutions, and the ethical ideals of the profession. Parker weaves the normative theory of deliberative democracy with the empirical law and society tradition of research on the limits and possibilities of law. She shows that access to justice can only occur in the interaction between courtroom justice, informal everyday justice, and social movement politics. Lawyers' justice should educate people's justice to improve the justice quality of everyday relationships and transactions, while community concerns (including community access to justice concerns) should reshape lawyers' regulation, organization, and practices to improve substantive justice. Just Lawyers shows how legal proffesionalism can only be revitalized through the reform of access to justice beyond lawyers.

Offers complete, accessible information on every topic of concern to law students ranging from the LSAT, the Bar Exam, Law Review, computerized research and videotape study aids to obtaining that important clerkship or job. Includes recent data on demographics of law school applicants, current salaries for a variety of legal careers, nontraditional courses, legal clinics, detailed discussions regarding the latest law trends such as deregulation and insider trading. Will appeal to law students at all stages of their education.

Every lawyer wants to be a good lawyer. They want to do right by their clients, contribute to the professional community, become good colleagues, interact effectively with people of all persuasions, and choose the right cases. All of these skills and behaviors are important, but they spring from hard-to-identify foundational qualities necessary for good lawyering. After focusing for three years on getting high grades and sharpening analytical skills, far too many lawyers leave law school without a real sense of what it takes to be a good lawyer. In The Good Lawyer, a follow up to their book The Happy Lawyer, law professors Douglas O. Linder and Nancy Levit combine evidence from the latest social science research with numerous engaging accounts of able attorneys at work to explain just what makes a good lawyer. They organize the book around the qualities they see as crucial: courage, empathy, integrity, realism, a strong sense of justice, clarity of purpose, and an ability to transcend emotionalism. But as the authors point out, each one must be apportioned in the right measure, and achieving the right balance is difficult. Lawyers need to know when to empathize and also when to detach; courage without an appreciation of consequences becomes recklessness. And what do you do in tricky situations, where the urge to deceive is high? How can you maintain focus through a mind-taxing (or mind-numbing) project? Every lawyer faces these problems at some point - they're inherent in the nature of the work-but if properly recognized and approached, they can be overcome. It's not easy being good - quality is less something one grasps and hangs onto than a goal that requires constant striving and attention - but this engaging guide will serve as a handbook for any lawyer trying not only to figure out how to respond to difficult situations, but how to become a better - meaning both more competent and more virtuous - lawyer.

The women's movement and increasing social consciousness regarding gender disparity and discrimination has helped to make gains over the past several decades to reduce gender disparity for women in the workplace. However, gender discrimination and disparity continue to exist. Women continue to receive lower wages, and fewer opportunities for promotion and professional advancement - and this is particularly true in male dominated professions such as criminal justice. Building on original qualitative data, this book explores the experiences of female criminal justice professionals who have risen to the top of their professional ladders. The book includes first-hand narrative accounts of high ranking successful professional women working across a range of fields such as policing, courts, corrections, victim and restorative justice services and criminal justice research agencies in the United States and Canada. This book highlights the barriers that successful female criminal justice professionals have to overcome to obtain their positions, and identifies key themes that these women see as having allowed them to break through those barriers and to navigate their professional environments. This book provides students interested in entering the criminal justice field - and working professionals already in the field - with knowledge about women who have risen through the ranks and up the professional ladder to break through the glass and the brass ceilings of their profession.

This book delineates the limits that define, and the tensions that beset, the process of conceiving how laws connect and interact with morals and facts-about the ways we do think about these connections and interactions, not about the ways we should think.

While legal technology may bring efficiency and economy to business, where are the people in this process and what does it mean for their lives? Brings together leading judges, academics, practitioners, policy makers and educators from countries including India, Canada, Germany, United Kingdom South Africa and Nigeria Includes contributions from Roger Smith, Dory Reiling, Christian Djeffal, George Williams and Odunoluwa Longe Offers a dialogue between theory and practice by presenting practical and reflective essays on the nature of changes in the legal sector Analyses technological changes taking place in the legal sector, situates where these developments have taken place, who has brought it about and what impact has it had on society Around four billion people globally are unable to address their everyday legal problems and do not have the security, opportunity or protection to redress their grievances and injustices. Courts and legal institutions can often be out of reach because of costs, distance, or a lack of knowledge of rights and entitlements and judicial institutions may be under-funded leading to poor judicial infrastructure, inadequate staff, and limited resources to meet the needs of those who require such services. This book sets out to embed access to justice into mainstream discussions on the future of law and to explore how this can be addressed in different parts of the legal industry. It examines what changes in technology mean for the end user, whether an ordinary citizen, a client or a student. It looks at the everyday practice of law through a sector wide analysis of law firms, universities, startups and civil society organizations. In doing so, the book provides a roadmap on how to address sector specific access to justice questions and to draw lessons for the future. The book draws on experiences from judges, academics, practitioners, policy makers and educators and presents perspectives from both the Global South and the Global North.

So you've arrived at university, you've read the course handbook and you're ready to learn the law. But is knowing the law enough to get you the very best marks? And what do your lecturers mean when they say you need to develop critical and analytical skills? When is it right to put your own views forward? What are examiners looking for when they give feedback to say that your work is too descriptive? This book explores what it means to think critically and offers practical tips and advice for students to develop the process, skill and ability of thinking critically while studying law. The book investigates the big questions such as: What is law? and What is 'thinking critically'? How can I use critical thinking to get better grades in assessments? What is the role of critical thinking in the work place? These questions and more are explored in Thinking Critically About Law. Whether you have limited prior experience of critical thinking or are looking to improve your performance in assessments, this book is the ideal tool to help you enhance your capacity to question, challenge, reflect and problematize what you learn about the law throughout your studies and beyond.

Master the complexities of modern intellectual property law with this comprehensive, reader-friendly text! Throughout the book, you'll find sample agreements, forms, checklists of paralegal tasks, statutes, realistic case studies, and excerpts of real cases involving interesting issues (such as the copyright ability of the Batmobile, tattoos) that will help you prepare for a successful career as a paralegal.

Lawyers at Work reveals what it means and what it takes to be a satisfied, sane, and successful lawyer in today's tough legal marketplace. Through incisive in-depth interviews, a top legal headhunter gives the 3rd degree to 15 successful lawyers who run the gamut of the legal profession. Practice areas represented in these profiles range from employment discrimination to corporate defense, from federal white collar prosecution to the legal structuring of complex derivative instruments, from antitrust in DC to trusts & estates in Florida, from divorce in New York to international mergers in Paris, from intellectual property in Silicon Valley to creeping expropriation in India, and from entertainment law in Hollywood to welfare rights in the Bronx. Law firm sizesrange from one of the biggest in the world with over two thousand lawyers to a one-lawyer general practice. Career levels range from biglaw partners and courtroom superstars to mid-level associates and ex-lawyers. Though many of the interviewees in Lawyers at Work are generic adversaries, the interviewer brings out commonalities in their ways of working, methods of reasoning, and sources of personal motivation.Readers hear from the practitioner's own unbuttoned lips about their career formation, daily work grind, victories and setbacks, guiding principles, professional rewards, and practical advice for aspiring lawyers.Readers will learn: *what lawyers really do, why they're so expensive, and whether those stereotypes about them are warranted (if you are a client) *whether you really want to become a lawyer and how to match yourself to the right practice area (if you aspire to be a lawyer) *how to manage and build your legal career for greater personal satisfaction (if you are already a lawyer) *how to leverage your skills into another practice area or profession (if you're an unhappy lawyer) What you'll learnAs a result of reading Lawyers at Work, you will learn * what lawyers really do and to what extent those stereotypes about lawyers are warranted (if you're a general reader) * how to match yourself to the right practice area (if you aspire to be a lawyer) * how to manage and build your legal career (if you are already a lawyer) * how to leverage your skills into another practice area or profession (if you're an unhappy lawyer) Who this book is for Lawyers at Work appeals to a broad spectrum of readers: new and veteran lawyers of all types, prospective and actual law students, legal support staff, clients, business professionals who work with in-house lawyers, and general readers who are fascinated by the complex roles and ambivalent stereotypes of lawyers in our society and culture.Table of Contents Chapter 1. Anne Vladeck (Employment) Chapter 2. James Sanders (Corporate Defense) Chapter 3. Jon Streeter (Federal Prosecution) Chapter 4. Ken Kopelman (Financial Services) Chapter 5. Nandan Nelivigi (India Practice) Chapter 6. Jacalyn Barnett (Family Law) Chapter 7. Peri Johnson (International Law) Chapter 8. Kate Romain (Cross-Border M&A) Chapter 9. Chris Sprigman (Antitrust/Intellectual Property) Chapter 10. Wayne Alexander (Entertainment) Chapter 11. Sean Delany (Nonprofit) Chapter 12. David Whedbee (Civil Rights) Chapter 13. Shane Kelley (Trusts & Estates) Chapter 14. Arthur Feldman (Civil Litigation) Chapter 15. Adam Nguyen (Corporate/Legal Technology)

In the Commonwealth,the principle of legal professional privilege has been treated as almost sacrosanct and in consequence, derogations from it have been rare. The traditional view is that, despite resulting unfairness, the rule must be absolute in order to achieve its stated goals. This view is challenged here through an examination of the structure of and exceptions to the privilege. Auburn argues that the claims made of the rule in the past have been overstated and that the privilege is more robust than widely assumed. Being dependent on patterns of client behaviour, it can accommodate change, while still fulfilling its essential function. Having examined the theory, structure and main derogations from the privilege, the author asserts that we should be more sceptical of the claims made of the privilege, and in appropriate circumstances should give more weight to the values underlying the disclosure of evidence. This thoughtful analysis presents a new approach to the issue of legal professional privilege. It offers a thorough exploration of the principles underlying the privilege and takes a Commonwealth-wide approach, covering the law in England, Australia, Canada, New Zealand and South Africa, as well as drawing on relevant principles from European and United States law. Contents 1. Conceptual and Historical Introduction Part A: THEORETICAL FOUNDATIONS 2. Emerging Common Law Right 3. Privilege Under the European Convention on Human Rights 4. Confidentiality 5. Disclosure 6. Structure of the Privilege - General Theory 7. Structure of the Privilege - Application PART B: PRACTICAL APPLICATIONS 8. Crime-fraud Exception 9. Criminal Exculpatory Evidence 10. Loss of Privilege Based on Intent and Disclosure [Waiver] 11. Fairness Based Loss of Privilege [Waiver] 12. Indadvertent Disclosure 13. Past and Future Directions

When it was ratified in 1791, the First Amendment to the Constitution of the United States sought to protect against two distinct types of government actions that interfere with religious liberty: the establishment of a national religion and interference with individual rights to practice religion. Since that time, no question has so bedeviled the U.S. Supreme Court as finding the best way to interpret and apply the Establishment Clause and the Free Exercise Clause of the First Amendment. In this unique and timely book, Jay Sekulow examines not only the key cases and their historical context that have shaped the law concerning church-state relations, but also, for the first time, the impact of the religious faith and practices of Supreme Court Justices who have ruled in each case. Covering cases from the teaching of religion in public schools and the use of federal funds for parochial schools to today's debates about the Pledge of Allegiance and public displays of the Ten Commandments, Witnessing Their Faith is essential reading for anyone interested in the history and future of religious freedom in America.

More than 700 concise biographies of leading figures in the history of American law, from the colonial era to the present day This book is the first to gather in a single volume concise biographies of the most eminent men and women in the history of American law. Encompassing a wide range of individuals who have devised, replenished, expounded, and explained law, The Yale Biographical Dictionary of American Law presents succinct and lively entries devoted to more than 700 subjects selected for their significant and lasting influence on American law. Casting a wide net, editor Roger K. Newman includes individuals from around the country, from colonial times to the present, encompassing the spectrum of ideologies from left-wing to right, and including a diversity of racial, ethnic, and religious groups. Entries are devoted to the living and dead, the famous and infamous, many who upheld the law and some who broke it. Supreme Court justices, private practice lawyers, presidents, professors, journalists, philosophers, novelists, prosecutors, and others-the individuals in the volume are as diverse as the nation itself. Entries written by close to 600 expert contributors outline basic biographical facts on their subjects, offer well-chosen anecdotes and incidents to reveal accomplishments, and include brief bibliographies. Readers will turn to this dictionary as an authoritative and useful resource, but they will also discover a volume that delights and entertains. Listed in The Yale Biographical Dictionary of American Law: John Ashcroft Robert H. Bork Bill Clinton Ruth Bader Ginsburg Patrick Henry J. Edgar Hoover James Madison Thurgood Marshall Sandra Day O'Connor Janet Reno Franklin D. Roosevelt Julius and Ethel Rosenberg John T. Scopes O. J. Simpson Alexis de Tocqueville Scott Turow And more than 700 others

Offers one hundred rules that every first year law student should live by "Dear Law Student: Here's the truth. You belong here." Law professor Andrew Ferguson and former student Jonathan Yusef Newton open with this statement of reassurance in The Law of Law School. As all former law students and current lawyers can attest, law school is disorienting, overwhelming, and difficult. Unlike other educational institutions, law school is not set up simply to teach a subject. Instead, the first year of law school is set up to teach a skill set and way of thinking, which you then apply to do the work of lawyering. What most first-year students don't realize is that law school has a code, an unwritten rulebook of decisions and traditions that must be understood in order to succeed. The Law of Law School endeavors to distill this common wisdom into one hundred easily digestible rules. From self-care tips such as "Remove the Drama," to studying tricks like "Prepare for Class like an Appellate Argument," topics on exams, classroom expectations, outlining, case briefing, professors, and mental health are all broken down into the rules that form the hidden law of law school. If you don't have a network of lawyers in your family and are unsure of what to expect, Ferguson and Newton offer a forthright guide to navigating the expectations, challenges, and secrets to first-year success. Jonathan Newton was himself such a non-traditional student and now shares his story as a pathway to a meaningful and positive law school experience. This book is perfect for the soon-to-be law school student or the current 1L and speaks to the growing number of first-generation law students in America.

The seaworthiness of merchant ships plays a critical role in ensuring the safety of life and property and the prevention of marine pollution. It deals with the fitness and readiness of a ship and its fundamental ability to sail safely to its destination. The standards of seaworthiness extend to literally all aspects of a ship, including the human element, physical structure, documentation, cargo worthiness and so on. It is one of the most complicated concepts in the maritime regulatory regime, and it takes many forms. However, although one of the most important terms in maritime transportation and ship management, seaworthiness is not an absolute concept, but a relative one, dependent on the particular environment, context and facts, and the standards of seaworthiness have changed greatly with the introduction of new maritime regulations over the years. The existing literature on seaworthiness is found within a variety of dedicated articles or book chapters. This book summarizes all that information in one publication and provides an update on key books that are now more than a decade old. In addition, it also offers more detail on specific aspects that are rarely discussed on their own. The reader will gain an understanding of the constituent features which colour its application in sovereign jurisdictions, where each have their own, often conflicting, social or geopolitical priorities to meet. Each chapter relies heavily on case studies to illustrate how the laws which reflect private laws and national policy underpinning those priorities are applied in practice. This structure then enables an understanding of the problems in the carriage of goods by sea, with a view to offering options for solutions. The book is written to meet the needs of lawyers, maritime professionals and academics, to thoroughly explain the concept of seaworthiness and the relevant legal issues.

This is the first study of the practice of judicial summing-up to juries and of its 'survey of the evidence' as rhetoric, persuasive language, in the Crown Courts of England and Wales.

The transcripts of judicial summings-up to a jury can vary from a few to hundreds of pages, and are significant in that they break the flow between advocates' turn-taking, especially their final speeches, and the deliberation of the jury. In addition to its linguistic and rhetorical concerns, the book considers this practice of summing up as a legal problem - as unrecognized advocacy - and examines alternatives, such as the US States', Canadian and Scottish models. The Scottish model is prescribed for consideration by Anglo-Welsh judges with its insistence on parsimonious reference to the disputed narrative, only where relevant to the legal issues on which instruction is being given.

Offers one hundred rules that every first year law student should live by "Dear Law Student: Here's the truth. You belong here." Law professor Andrew Ferguson and former student Jonathan Yusef Newton open with this statement of reassurance in The Law of Law School. As all former law students and current lawyers can attest, law school is disorienting, overwhelming, and difficult. Unlike other educational institutions, law school is not set up simply to teach a subject. Instead, the first year of law school is set up to teach a skill set and way of thinking, which you then apply to do the work of lawyering. What most first-year students don't realize is that law school has a code, an unwritten rulebook of decisions and traditions that must be understood in order to succeed. The Law of Law School endeavors to distill this common wisdom into one hundred easily digestible rules. From self-care tips such as "Remove the Drama," to studying tricks like "Prepare for Class like an Appellate Argument," topics on exams, classroom expectations, outlining, case briefing, professors, and mental health are all broken down into the rules that form the hidden law of law school. If you don't have a network of lawyers in your family and are unsure of what to expect, Ferguson and Newton offer a forthright guide to navigating the expectations, challenges, and secrets to first-year success. Jonathan Newton was himself such a non-traditional student and now shares his story as a pathway to a meaningful and positive law school experience. This book is perfect for the soon-to-be law school student or the current 1L and speaks to the growing number of first-generation law students in America.

Learn how to cost-effectively get new clients...
...without being looked upon as an ambulance chaser

In How to Build Your Law Practice with a Book, legaland publishing experts Kenneth L. Hardison and Adam D. Witty provide a powerhouse of advice for attorneys eager to attract clients and gain a reputation as an authority in their area. They identify 21 key reasons that authoring a book can propel a lawyer to the top, including growth of credibility and recognition, publicity for years to come, and constant generation of new leads. With a book, a lawyer can become a trusted speaker and media source whose range of influence will far outpace the competition. This is an essential guide for attorneys who want to grow their law practice.

These finely tempered reflections of a small city lawyer restate, in a graceful and informal manner, the true meaning of law and government to ordinary men. F. Lyman Windolph, for twenty-five years a prominent attorney in Lancaster, Pennsylvania, has handled almost every kind of legal case in his career, and through his close association with his clients he has gained an understanding of their lives and problems which, coupled with his wide legal knowledge, and alert sense of the social questions of the present, gives his essays a disarming and reassuring tone. Lawyers especially will enjoy his discussion of his experience with various cases and the more general topics of the value of the jury system, the difference between city and country trials, the ethics of defending guilty clients. But all will find the chapters on the meaning of democracy and liberalism and the indirect picture which the book gives of the day-by-day life in a small American community richly rewarding. In the last instance, two final essays-one on the Pennsylvania Dutch religious sects and "A Letter to My Father"-are particularly delightful. Several of the chapters have previously been published in the Atlantic Monthly and other magazines.

The field of artificial intelligence (AI) and the law is on the cusp of a revolution that began with text analytic programs like IBM's Watson and Debater and the open-source information management architectures on which they are based. Today, new legal applications are beginning to appear and this book - designed to explain computational processes to non-programmers - describes how they will change the practice of law, specifically by connecting computational models of legal reasoning directly with legal text, generating arguments for and against particular outcomes, predicting outcomes and explaining these predictions with reasons that legal professionals will be able to evaluate for themselves. These legal applications will support conceptual legal information retrieval and allow cognitive computing, enabling a collaboration between humans and computers in which each does what it can do best. Anyone interested in how AI is changing the practice of law should read this illuminating work.