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Books > Law > Jurisprudence & general issues > Legal profession > General
Expressions of support for diversity are nearly ubiquitous among contemporary law firms and corporations. Organizations back these rhetorical commitments with dedicated diversity staff and various diversity and inclusion initiatives. Yet, the goal of proportionate representation for people of color and women remains unrealized. Members of historically underrepresented groups remain seriously disadvantaged in professional training and work environments that white, upper-class men continue to dominate. While many professional labor markets manifest patterns of demographic inequality, these patterns are particularly pronounced in the law and elite segments of many professions. Diversity in Practice analyzes the disconnect between expressed commitments to diversity and practical achievements, revealing the often obscure systemic causes that drive persistent professional inequalities. These original contributions build on existing literature and forge new paths in explaining enduring patterns of stratification in professional careers. These more realistic assessments provide opportunities to move beyond mere rhetoric to something approaching diversity in practice.
The power and influence of the federal judiciary has been widely discussed and understood. And while there have been a fair number of institutional studies-studies of individual district courts or courts of appeal--there have been very few studies of the judiciary that emphasize the judges themselves. Federal Judges Revealed considers approximately one hundred oral histories of Article Three judges, extracting the most important information, and organizing it around a series of presented topics such as "How judges write their opinions" and "What judges believe make a good lawyer."
For more than a decade, American lawyers have bewailed the ethical
crisis in their profession, wringing their hands about its bad
image. But their response has been limited to spending money on
public relations, mandating education, and endlessly revising
ethical rules. In this book, Richard Abel will argue that these
measures will do little or nothing to solve the problems
illustrated by the six disciplinary case studies featured in this
book unless the legal monopoly enjoyed by attorneys in the U.S. is
drastically contracted.
Law, by its very nature, tends to think locally, not globally. This book has a broader scope in terms of the range of nations and offers a succinct journey through law schools on different continents and subject matters. It covers education, research, impact and societal outreach, and governance. It illustrates that law schools throughout the world have much in common in terms of values, duties, challenges, ambitions and hopes. It provides insights into these aspirations, whilst presenting a thought-provoking discussion for a more global agenda on the future of law schools. Written from the perspective of a former dean, the book offers a unique understanding of the challenges facing legal education and research.
If you're going to law school but have no idea what to expect, you're not alone. Law school can be overwhelming. You're learning a new way of thinking and doing an enormous amount of work, and maybe struggling to reach the same level of achievement you have in the past. On top of that, you're still finding your path in a new profession, learning its rules, expectations, and possibilities. The aim of this book is to help prepare you for the challenges ahead. It tells you what to expect and how to make sure that you end up on a career path that you're happy with. Covering everything from preparing for law school to becoming an attorney, this book is your guide to what's really important over the next few years. We'll talk about what law school is like, how to stay healthy and avoid burnout, and how to get the most out of your experience so that you set yourself up for success as a lawyer. Law school is challenging, but you can handle it with strategic planning and advice from people who have been there.
Law, by its very nature, tends to think locally, not globally. This book has a broader scope in terms of the range of nations and offers a succinct journey through law schools on different continents and subject matters. It covers education, research, impact and societal outreach, and governance. It illustrates that law schools throughout the world have much in common in terms of values, duties, challenges, ambitions and hopes. It provides insights into these aspirations, whilst presenting a thought provoking discussion for a more global agenda on the future of law schools. Written from the perspective of a former dean, the book offers a unique understanding of the challenges facing legal education and research.
The role of general counsel and in-house lawyers is changing continually. Legal is now considered a vital component of leadership in most enterprises, and it is increasingly common for the GC to be called on for strategic input prior to important business decisions. Added to this is the convergence of social and political trends driving new demand for legal advice and service delivery; an increasing focus on productivity and efficiency; pressure to demonstrate the value of legal to the business in order to gain budget support; and the need to adapt and advance digitally. The competencies required of the general counsel and their increasingly multi-disciplinary team are also growing with responsibilities expanding to encompass reputational risk, government relations, data privacy, ESG and interacting with diverse stakeholders including regulators. Edited by E Leigh Dance and Christoph H Vaagt, both with distinguished careers advising legal departments and teams for more than two decades, the second edition of General Counsel in the 21st Century offers general counsel and all in-house legal professionals a variety of expert perspectives on the evolution of the role of the GC and the corporate legal department. Chapters are written by an international group of well-known general counsel, corporate legal leaders, and other experts, and cover important topics for general counsel today, including: The evolution of the general counsel's role; Legal operations as a competitive advantage; How adaptive legal functions are embracing technology; Managing change in a legal department; and Doing more with less. This title provides guidance on how legal departments can best support the businesses they serve, identify and address areas where change is necessary, and anticipate developments on the horizon. Readers - whether in-house counsel or private practitioners - will gather best practices and learn new and perhaps surprising lessons to help them succeed in their jobs as leaders at the intersection of law and business.
"Tournament of Lawyers" traces in detail the rise of one hundred of
the nation's top firms in order to diagnose the health of the
business of American law. Galanter and Palay demonstrate that much
of the large firm's organizational success stems from its ability
to blend the talents of experienced partners with those of
energetic junior lawyers driven by a powerful incentive--the race
to win "the promotion-to-partner tournament." This calmly reasoned
study reveals, however, that the very causes of the spiraling
growth of the large law firm may lead to its undoing.
During the coming decades, the digital revolution that has transformed so much of our world will transform legal education as well. The digital production and distribution of course materials will powerfully affect both the content and the way materials are used in the classroom and library. This collection of essays by leading legal scholars in various fields explores three aspects of this coming transformation. The first set of essays discusses the way digital materials will be created and how they will change concepts of authorship as well as methods of production and distribution. The second set explores the impact of digital materials on law school classrooms and law libraries and the third set considers the potential transformation of the curriculum that the materials are likely to produce. Taken together, these essays provide a guide to momentous changes that every legal teacher and scholar needs to understand.
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.
*Understand what digital transformation means in a law firm context *Explore the cultural barriers to transformation, and learn how to overcome them *Gain insight from the operating models of successful digital businesses *Develop a business case and practical strategy for digital transformation *Understand the importance of diversity and purpose in driving digital change *Manage change and adoption challenges *Build on learnings from the COVID-19 crisis to accelerate digital transformation As law firms take stock in the aftermath of COVID-19, there is an opportunity to rethink the law firm operating model for the next decade and beyond. The crisis has reinforced the importance of agility and resilience, and the critical role digital technologies play in client service. For law firms, digital transformation should no longer be viewed as an indulgence, but as an urgent necessity. For those that embrace this challenge, the rewards, for both clients and colleagues, will be substantial. Written by one of the most respected leaders of law firm innovation, this book will help those contemplating or leading digital change in law firms to develop and execute a compelling digital transformation strategy. With a particular focus on the cultural and organisational challenges inherent in a law firm partnership, the book provides practical advice on how to effect meaningful and sustainable change. This invaluable guide for law firm leaders, lawyers, and those leading digital change in a law firm includes plenty of best-practice examples from outside as well as inside the legal profession. The book provides valuable insight for start-ups and technology providers looking to partner with law firms, and for aspiring lawyers starting their professional careers. Along with practical guidance on shaping digital transformation, this engaging work will give the reader a comprehensive overview of the competitive landscape in legal services, sharing diverse perspectives and case studies from leaders from different parts of the legal sector.
Toward the end of the twentieth century, English lawyers enjoyed widespread respect and prosperity. They had survived criticism by practitioners and academics and a Royal Commission enquiry, but the final decade witnessed profound changes. First the Conservatives sought to apply laissez-faire principles to the profession. Then Labour transformed the legal aid scheme it had created half a century earlier. At the same time, the profession confronted cumulative changes in higher education and women's aspirations, internal and external competition, and dramatic fluctuations in demand. This book analyses the politics of professionalism during that tumultuous decade, the struggles among individual producers (barristers, solicitors, foreign lawyers, accountants) their associations, consumers (individual and corporate, public and private) and the state to shape the market for legal services by deploying economic, political and rhetorical resources (including changing conceptions of professionalism). The profession had to respond to a greatly increased production of law graduates and the desire of lawyer mothers (and also fathers) to raise their families. It had to replace exclusivity with efforts to reflect the larger society (class, race, gender). The Bar needed to address challenges to its exclusive rights of audience from both solicitors and employed barristers and decide whether to retaliate by permitting direct access, thereby compromising its claim to be a consulting profession. Solicitors had to reconcile their invocation of market principles against the Bar with their resistance to corporate conveyancing and multidisciplinary practices. Government had to restrain a demand-led legal aid scheme; practitioners and their associations sought to pressure the government to expand eligibility and raise remuneration rates. Divisions within both branches so compromised self-regulation and governance that the government even threatened to deprive lawyers of those essential elements of professionalism. These challenges have begun a transformation of the legal profession that will shape its evolution throughout the twenty-first century.
Hersch Lauterpacht, of whom this book is an intimate biography by his son, Elihu, was one of the most prolific and influential international lawyers of the first half of the twentieth century. Having come to England from Austria in the early 1920s, he first researched and taught at the London School of Economics before moving to Cambridge in 1937 to become Whewell Professor of International Law. He did valuable work to enhance relations with the United States during the Second World War, and was active after the war in the prosecution of William Joyce and the major Nazi war criminals. For ten years he was also involved in various significant items of professional work and in 1955 he was elected a judge of the International Court of Justice. The book contains many extracts from his correspondence, the interest of which will extend to lawyers, historians of the period and beyond.
INSTANT #1 NEW YORK TIMES BESTSELLER The former attorney general provides a candid account of his historic tenures serving two vastly different presidents, George H.W. Bush and Donald J. Trump. William Barr's first tenure as attorney general under President George H.W. Bush was largely the result of chance, while his second tenure under President Donald Trump a deliberate and difficult choice. In this candid memoir, Barr takes readers behind the scenes during seminal moments of the 1990s, from the LA riots to Pan Am 103 and Iran Contra. Thirty years later, Barr faced an unrelenting barrage of issues, such as Russiagate, the COVID outbreak, civil unrest, the impeachments, and the 2020 election fallout. One Damn Thing After Another is vivid, forthright, and essential not only to understanding the Bush and Trump legacies, but also how both men viewed power and justice at critical junctures of their presidencies.
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.
The hits keep coming for the American legal profession. Law schools are churning out too many graduates, depressing wages, and constricting the hiring market. Big Law firms are crumbling, as the relentless pursuit of profits corrodes their core business model. Modern technology can now handle routine legal tasks like drafting incorporation papers and wills, reducing the need to hire lawyers; tort reform and other regulations on litigation have had the same effect. As in all areas of today's economy, there are some big winners; the rest struggle to find work, or decide to leave the field altogether, which leaves fewer options for consumers who cannot afford to pay for Big Law. It would be easy to look at these enormous challenges and see only a bleak future, but Ben Barton instead sees cause for optimism. Taking the long view, from the legal Wild West of the mid-nineteenth century to the post-lawyer bubble society of the future, he offers a close analysis of the legal market to predict how lawyerly creativity and entrepreneurialism can save the profession. In every seemingly negative development, there is an upside. The trend towards depressed wages and computerized legal work is good for middle class consumers who have not been able to afford a lawyer for years. The surfeit of law school students will correct itself as the law becomes a less attractive and lucrative profession. As Big Law shrinks, so will the pernicious influence of billable hours, which incentivize lawyers to spend as long as possible on every task, rather than seeking efficiency and economy. Lawyers will devote their time to work that is much more challenging and meaningful. None of this will happen without serious upheaval, but all of it will ultimately restore the health of the faltering profession. A unique contribution to our understanding of the legal crisis, the unconventional wisdom of Glass Half Full gives cause for hope in what appears to be a hopeless situation.
How attorneys' work is de-professionalized, downgraded, and controlled through part-time and temporary assignments
In contrast to other theories of legal professions, which neglect politics, this volume advances a political theory of lawyers' collective action by demonstrating lawyers' influence on the emergence and development of western political liberalism. Four sociologists and four historians show how layers, over several centuries, have been variously committed to the building of liberal political society in France, Germany, Great Britain, and the United States. The introductory chapters, written by the editors, present a theoretical argument that integrates the historical and comparative studies of lawyers' engagement in three areas of liberal politics: the constitution of the moderate state, the institutions of civil society, and the constitution of individual rights. The editors conclude the book with an essay on lawyers' historical involvements in political globalization. This fresh interpretation not only demonstrates the variety of relationships between lawyers and politics, but it delineates issues, concepts, and a theory that helps understand the current action of lawyers in new democracies.
How Judges Decide Cases is a unique and practical guide which looks at how cases are decided and judgments are written. It examines the style and language of judges expressing judicial opinion and considers the drive for rational justice. The book is founded upon independent research in the form of interviews conducted with judges at every level, from deputy district judges to justices of the Supreme Court, and the practical application of academic material more usually devoted to the structure and analysis of wider prose writing. This new edition has been revised to take into account modern scientific thinking on bias in decision-making and is generic to all areas of contentious law. Newly appointed recorders, deputy judges, tribunal chairman, lay magistrates and arbitrators as well as experienced practitioners will find it invaluable as a guide to the deconstruction of judgments for the purpose of appeal.
This monograph contends that the concept of the independence of the judiciary has not been seriously analyzed in England and examines it through the perceptions of the Lord Chancellor's Office. The Lord Chancellor's Office was established in 1880 as the executive arm of the Lord Chancellor, who is the presiding judge of England, a member of the Cabinet, Speaker of the House of Lords and also head of an executive department - his own office. Working from the records of the Lord Chancellor's Office, the author takes the reader through a number of related areas: the appointment of judges and the attempt to remove them the disciplining of judges their role in the Courts their executive responsibilities, particularly towards the commissions and committees they chair relations with Parliament and the Civil Service and the role of the English Judges in the Judicial Committee of the Privy Council. This work also examines the battles within and around the judiciary over the last 30 years, and places them in the broader context of the separation of powers, the legal system and the politics of the period. |
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