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Books > Law > Jurisprudence & general issues > Legal profession > General
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.
Now available in a paperback edition, law and technology guru Richard Susskind, author of bestselling The Future of Law, brings together in one volume eleven significant essays on the application of IT to legal practice and the administration of justice, including key topics such as knowledge management and the impact of electronic commerce and electronic government. This edition includes a new Preface, in which Susskind puts forward his views on the burst of the dotcom bubble, offers an extension to his Grid to cover in-house lawyers, and comments on the next big things in this area: e-learning, document assembly, online dispute resolution, e-mail management, and matter-centric systems.
In this penetrating new book, Deborah L. Rhode goes beyond the commonplace attacks on lawyers to provide the first systematic study of the structural problems confronting the legal profession. A past president of the Association of American Law Schools and senior counsel for the House Judiciary Committee during Clinton's impeachment proceedings, Rhode brings an insider's knowledge to the labyrinthine complexities of how the law works, or fails to work, for most Americans and often for lawyers themselves.
On April 7, 1988, Albie Sachs, an activist South African lawyer and a leading member of the ANC, was car-bombed in Maputo, the capital of Mozambique, by agents of South Africa's security forces. His right arm was blown off, and he lost sight in one eye. This intimate and moving account of his recovery traces the gradual recuperation of his broken body and his triumphant reentry into the world, where his dream of soft vengeance was realized with the achievement of democracy in South Africa. This book captures the spirit of a remarkable man: his enormous optimism, his commitment to social justice, and his joyous wonder at the life that surrounds him. A new preface and epilogue reflect on the making of Abby Ginzberg's documentary film titled "Soft Vengeance: Albie Sachs and the New South Africa." (For information about the film, see www.softvengeancefilm.org.)
In the updated, fourth edition of this classic text which has been
translated into over a dozen languages, constitutional scholar and
Columbia Law School professor E. Allan Farnsworth provides a clear
explanation of the structure and function of the U.S. legal system
in one handy reference. AnIntroduction to the Legal System of the
United States, Fourth Edition is designed to be a general
introduction to the structure and function of the legal system of
the United States, and is especially useful for those readers who
lack familiarity with fundamental establishments and practices.
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.
The authors look at how divorce lawyers actually work to address the question of legal professionalism in practice. Through a detailed and systematic study of legal practice at the micro level, they show how lawyers create their own controls over work through their social relationships, formal and informal norms, common knowledge, and shared values. While much of the research on legal professionalism centers on the formal standards of the bar as reflected in codes of professional responsibility, Mather et al. show how the discretionary judgments that lawyers make, and the choices they face, are actually understood in relation to norms and standards of other lawyers with whom they interact or compare themselves.
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.
Legendary Sheriff Irvine Smith QC is one of the most formidable criminal lawyers of his generation. Called to the Bar in 1953, he was involved as Counsel in some of Scotland's biggest cases, including the 'Glasgow Bank Raid', known at the time as 'the crime of the century'. He also defended five capital murder trials before the abolition of the death penalty and knew the full responsibility of trying to keep defendants from the gallows. He later became a Sheriff, quickly building a reputation as a no-nonsense judge with a sharp intellect and a dry and ready wit. He presided over the test case in the Ibrox Disaster. He was also one of the finest after dinner speakers of his generation, especially on the theme of St Andrew and Burns. This talent took him to many venues across the world. Irvine Smith's personal recollections are both frank and entertaining, charting the highs and lows of a remarkable life and career lived to the full.
This book is the first formal, empirical investigation into the law faculty experience using a distinctly intersectional lens, examining both the personal and professional lives of law faculty members. Comparing the professional and personal experiences of women of color professors with white women, white men, and men of color faculty from assistant professor through dean emeritus, Unequal Profession explores how the race and gender of individual legal academics affects not only their individual and collective experience, but also legal education as a whole. Drawing on quantitative and qualitative empirical data, Meera E. Deo reveals how race and gender intersect to create profound implications for women of color law faculty members, presenting unique challenges as well as opportunities to improve educational and professional outcomes in legal education. Deo shares the powerful stories of law faculty who find themselves confronting intersectional discrimination and implicit bias in the form of silencing, mansplaining, and the presumption of incompetence, to name a few. Through hiring, teaching, colleague interaction, and tenure and promotion, Deo brings the experiences of diverse faculty to life and proposes a number of mechanisms to increase diversity within legal academia and to improve the experience of all faculty members.
With legal fees coming under increasing scrutiny, all law firms, whether they charge by the hour or operate alternative fee arrangements (AFAs) will need to negotiate fees; be it a discount to an hourly rate or a year-long fixed retainer. Budgeting and negotiating skills will be needed by all fee earners with responsibility for agreeing any fees or discounts. The more a firm uses AFAs, the more important budgeting and negotiating becomes. Budgeting and Negotiating Fees with Clients: A Lawyer's Guide is a must-have handbook for individual lawyers, firm leaders and directors of support services who are looking to tackle these challenges head on at both an operational and a strategic level. It provides: * Clear analysis of the increasing importance of budgeting and negotiating fees for all firms whether they have adopted AFAs or rely on hourly rates; * A step-by-step guide for improving individual behaviour and firm-wide processes; and * Practical tools for generating consistently profitable fee structures. Supported by case studies from law firms and law firm clients, along with input from other management consultants, this report covers topics including: * Fee models adopted by law firms; * How AFAs are intensifying the need for budgeting and negotiating skills; * Alternative fees - risks and how to avoid them; * Understanding law firm financial data - a prerequisite for successful budgeting and negotiation; * Creating a realistic matter budget; * An introduction to legal project management; * Overcoming obstacles to negotiating fees effectively; * Managing the negotiation process effectively; * Obtaining the desired fees and structures; * Tips, tactics and tricks for negotiating; * Developing a strategy for better budgeting and negotiating; * Implementing change and embedding best practice; * Business tools for budgeting, negotiating and client communication; * How to operate value billing; and * Best practice law firm negotiation from a client's perspective. This invaluable resource also includes supporting checklists and templates to allow readers to start putting the lessons learnt throughout the report into practice immediately.
The law in a modern society is an extremely bulky and complex instrument, with a distracting tendency to become less fixed, less rule-oriented, and more discretionary. An institution made by men for the government of men, the law today can all too readily confuse and dismay us. How and why is so much new law made? By what right does a judge order that a man be sent to gaol? Why is so much law so bad, and why should we, the people, accept the laws made by those who claim the right to govern us? In this lucid, stimulating and completely updated survey, which presupposes no specialist knowledge of the subject, P S Atiyah introduces the reader to a number of fundamental issues about the law, the legal profession, and the adjudicative process. This new edition gives greater emphasis to the effect of membership of the European Community on English law, and gives an expanded account of the European convention on Human Rights with its subsequent effects on English law. Atiyah also looks at the recent controversy over the independence of the judiciary, problems arising from the cost of legal services and legal aid, and the many appalling miscarriages of justice which have disfigured the legal system in the past decade.
First published in 1964, as the fourth edition of a 1940 original, this book presents an account regarding law courts and the administration of justice in England. In opposition to other more clinical approaches to the subject, the text takes the view that 'The best introduction to law is a study of the institutions and environment in which lawyers work.' Notes are incorporated throughout. This book will be of value to anyone with an interest in British legal history and the administrative side of law.
This edition makes Susskind's highly-acclaimed and best-selling book available in paperback, and includes a new and substantial preface by the author. His prize-winning book demonstrates why the future of the law is digital. It shows why and how IT is radically altering and will alter further the practice of law and the administration of justice. Beyond automating and streamlining traditional ways of providing legal advice, IT is re-engineering the entire legal process, resulting in legal products and information services focused on dispute pre-emption rather than dispute resolution, and legal risk management rather than legal problem solving. With easy and inexpensive access available, IT will help to integrate the law with business and domestic life. This book explores the implications, opportunities, and challenges presented by the information society as it irrevocably changes how law will be practised and justice administered.
Pavil Gavrilovich, later Sir Paul, Vinogradoff [1854-1925] is well known in Russia principally as a historian and abroad as a legal historian and comparative lawyer. Few in either Russia or abroad are aware that Vinogradoff also wrote on public international law. This volume collects four of his most important contributions to this field: The Legal and Political Aspects of the League of Nations (1918), The Reality of the League of Nations (c. 1919), The Covenant of the League: Great and Small Powers (1919) and History of the Law of Nations, a series of six lectures delivered at the University of Leiden in 1921.
Pavil Gavrilovich, later Sir Paul, Vinogradoff [1854-1925] is well known in Russia principally as a historian and abroad as a legal historian and comparative lawyer. Few in either Russia or abroad are aware that Vinogradoff also wrote on public international law. This volume collects four of his most important contributions to this field: The Legal and Political Aspects of the League of Nations (1918), The Reality of the League of Nations (c. 1919), The Covenant of the League: Great and Small Powers (1919) and History of the Law of Nations, a series of six lectures delivered at the University of Leiden in 1921.
The first Hispanic and third woman appointed to the United
States Supreme Court, Sonia Sotomayor has become an instant
American icon. Now, with a candor and intimacy never undertaken by
a sitting Justice, she recounts her life from a Bronx housing
project to the federal bench, a journey that offers an inspiring
testament to her own extraordinary determination and the power of
believing in oneself.
"...I feel it is an excellent supplement to textbooks that discuss process, concepts, theories and all elements of the criminal justice system. This book would only improve student chances of success." -Terry Campbell, Kaplan University A Guide to Study Skills and Careers in Criminal Justice and Public Security is the ultimate how-to resource for success in the study of criminal justice. Renowned author Frank Schmalleger, who has over 40 years of field experience, has teamed up with researcher and educator Catherine D. Marcum to introduce students to the field of criminal justice, break down its many components, and describe a variety of employment opportunities available to criminal justice graduates. Students will learn how to effectively approach the study of criminal justice; communicate successfully with professors, peers, and potential employers; choose classes that will assist with career goals; develop good study habits and critical thinking skills; and write effectively in criminal justice. Additionally, as their academic careers advance, students will gain insights into how to best prepare for successful careers. .
Misunderstandings and jargon prevent many from seriously considering a career as a barrister in the belief that such a career is not for them or that they are not for it. Others know that they might want to become barristers but not how to go about it, or just want to know more about this somewhat mysterious profession. This book, written by two barristers, clearly but informally explains the traditions, terminology and institutions of the Bar, and what it is actually like to be a barrister. With this aim, several barristers practising in different fields describe in detail a typical week in their life. Advice is then given on how to be accepted into, fund and survive the various academic and other stages that precede qualification as a barrister, including work experience, Bar School and pupillage (the barrister's apprenticeship). It explains how to transfer to the Bar, for the benefit of solicitors, overseas lawyers or those in a non-legal career. This third edition is fully updated to take account of the most recent changes to the Bar, training for it, and the process of recruitment to it.
Spanning two centuries and five Nordic countries, this book questions the view that political lawyers are required for the development of a liberal political regime. It combines cross-disciplinary theory and careful empirical case studies by country experts whose regional insights are brought to bear on wider global contexts. The theory of the legal complex posits that lawyers will not simply mobilize collectively for material self-interest; instead they will organize and struggle for the limited goal of political liberalism. Constituted by a moderate state, core civil rights, and civil society freedoms, political liberalism is presented as a discrete but professionally valued good to which all lawyers can lend their support. Leading scholars claim that when one finds struggles against political repression, politics of the Legal Complex are frequently part of that struggle. One glaring omission in this research program is the Nordic region. This insightful volume provides a comprehensive account of the history and politics of lawyers of the last 200 years in the Nordic countries: Norway, Sweden, Denmark, Finland, and Iceland. Topping most global indexes of core civil rights, these states have been found to contain few to no visible legal complexes. Where previous studies have characterized lawyers as stewards and guardians of the law that seek to preserve its semi-autonomous nature, these legal complexes have emerged in a manner that challenges the standard narrative. This book offers rational choice and structuralist explanations for why and when lawyers mobilise collectively for political liberalism. In each country analysis, authors place lawyers in nineteenth century state transformation and emerging constitutionalism, followed by expanding democracy and the welfare state, the challenge of fascism and world war, the tensions of the Cold War, and the latter-day rights revolutions. These analyses are complemented by a comprehensive comparative introduction, and a concluding reflection on how the theory of the legal complex might be recast, making The Limits of the Legal Complex an invaluable resource for scholars and practitioners alike.
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