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Books > Law > Jurisprudence & general issues > Legal profession
In Rule Of Law, Glynnis Breytenbach reflects back on her career as a prosecutor, including specific cases she has tried, and on her life to provide a fascinating commentary on the importance of the independence of judicial institutions and the precariousness of this independence.
Her current challenges are directly linked to how outspoken she is and how she continues to campaign fiercely for the rule of law in this country.
This book provides candidate attorneys with the practical information that they need when starting articles.
The information in this guide bridges the gap between the university environment, where the emphasis is on theoretical knowledge, and the candidate attorney’s new working environment, where the emphasis is on the practical, hands-on application of this knowledge and learning fast! It covers the candidate attorney’s relationship with his or her principal, with counsel and clients, registering and ceding articles, issuing, serving and filing, the courts, how to prepare for applications and actions, being admitted as an attorney, ethics and etiquette.
Features and Benefits
- A practical handbook intended for the new candidate attorney covering everything from working with principals, counsel and clients, to etiquette, actions and applications
- Plain language approach
Lawyers must be able to do research and should be able to do it well in order to honour their obligations, be those obligations commercial, in the field of criminal justice, constitutional, judicial or academic. Yet much confusion surrounds the nature of research, the need for lawyers and law students to undertake research projects, the requirements for the dissemination of the results, and their impact on policy and practice. Why is legal research needed? What does it entail? Where should one begin? What methods are used for legal research? What are the ethical issues involved? How does one go about publishing the results of one’s research in law, and which are the appropriate publication platforms? How should the quality of legal research be judged?
Legal Research: Purpose, Planning and Publication seeks to begin answering these questions, to introduce law students to legal research, and perhaps even to open up some new perspectives for those in the legal community who wish to sharpen their research skills.
The guidelines and views in Legal Research are not offered as hard doctrine, but rather as a route map for a journey of discovery, in the course of which readers may develop their own approach to the production of valuable legal research results.
Legal Research provides an introduction to ease the way of legal researchers, especially those with little expertise and experience, and perhaps to open a debate among the more experienced lawyers, who have not yet given much thought to the matter, about developing and improving our understanding of legal research in South Africa.
Succeed in your course and prepare for your paralegal career with
ESSENTIALS OF CONTRACT LAW, Second Edition. Presenting the law of
contracts in an understandable and organized manner, the book's
effective "road map" approach to contracts helps you master the
details of contract formation, determining the applicable law,
unenforceable contracts and breach of contract. In addition, the
author separately addresses the impact of Article 2 of the UCC,
federal preemption, and the UN's Convention on the International
Sale of Goods (CISG). Cutting through excess verbiage and outdated
doctrine, the book develops each rule of law by presenting theory,
illustrating it with an example, and providing a "problem" to give
you hands-on practice.
According to the Oral History Association, the term oral history
refers to "a method of recording and preserving oral testimony"
which results in a verbal document that is "made available in
different forms to other users, researchers, and the public."
Ordinarily such an academic process would seem to be far removed
from legal challenges. Unfortunately this is not the case. While
the field has not become a legal minefield, given its tremendous
growth and increasing focus on contemporary topics, more legal
troubles could well lie ahead if sound procedures are not put in
place and periodically revisited. A Guide to Oral History and the
Law is the definitive resource for all oral history practitioners.
In clear, accessible language it thoroughly explains all of the
major legal issues including legal release agreements, the
protection of restricted interviews, the privacy torts (including
defamation), copyright, the impact of the Internet, and the role of
Institutional Review Boards (IRBs). The author accomplishes this by
examining the most relevant court cases and citing examples of
policies and procedures that oral history programs have used to
avoid legal difficulties. Neuenschwander's central focus throughout
the book is on prevention rather than litigation. He underscores
this approach by strongly emphasizing how close adherence to the
Oral History Association's Principles and Best Practices provides
the best foundation for developing sound legal policies. The book
also provides more than a dozen sample legal release agreements
that are applicable to a wide variety of situations. This volume is
an essential one for all oral historians regardless of their
interviewing focus.
Over 4,000 lawyers lost their positions at major American law firms
in 2008 and 2009. In The Vanishing American Lawyer, Professor
Thomas Morgan discusses the legal profession and the need for both
law students and lawyers to adapt to the needs and expectations of
clients in the future. The world needs people who understand
institutions that create laws and how to access those institutions'
works, but lawyers are no longer part of a profession that is
uniquely qualified to advise on a broad range of distinctly legal
questions. Clients will need advisors who are more specialized than
many lawyers are today and who have more expertise in non-legal
issues. Many of today's lawyers do not have a special ability to
provide such services.
While American lawyers have been hesitant to change the ways they
can improve upon meeting client needs, lawyers in other countries,
notably Great Britain and Australia, have been better at adapting.
Law schools must also recognize the world their students will face
and prepare them to operate successfully within it. Professor
Morgan warns that lawyers must adapt to new client needs and
expectations. The term "professional" should be applied to
individuals who deserve praise for skilled and selfless efforts,
but this term may lead to occupational suicide if it becomes a
justification for not seeing and adapting to the world ahead.
Out of the 2015/16 nationwide student protest action has come the
long-overdue challenge for academia to assess and reconsider
critically the role academics play in maintaining and perpetuating
exclusive social structures and discourse in schools and faculties
in the higher education landscape in South Africa. Decolonisation
and Africanisation of Legal Education in South Africa proposes
possible starting points on the subject, and the roles, challenges
and questions that legal academia face in the quest to decolonise
and Africanise legal education in South Africa. It explores the
potential role of the Constitution in decolonising and Africanising
legal education. Furthermore, the book discusses important
contextual factors in relation to decolonising clinical legal
education. Decolonisation and Africanisation form a much more
nuanced project in the continuous process of development and
reflection to be undertaken by all law academics together with
their relevant institutions and students. The book ultimately
highlights the importance of decolonising the law itself. This
timely and important work lays a foundation that will hopefully
inspire many more publications and debates aimed at transforming
our legal education.
Regulation and In-House Lawyers is a resource for SRA regulated
lawyers working in-house for organisations which are not authorised
by the SRA. This second edition has been updated to reflect the
major regulatory changes introduced by the SRA Standards and
Regulations in November 2019. The book explains the changes and
their significance to in-house lawyers in particular, and provides
guidance on regulatory compliance. It also covers key legislation
such as the Money Laundering Regulations 2017, the Criminal
Finances Act 2017, the EU General Data Protection Regulation and
the Data Protection Act 2018, as well as recent Solicitors
Disciplinary Tribunal decisions. Additional material has been added
to this new edition which will help lawyers to demonstrate
compliance in practice through systems, controls and policies,
including templates which can be used by practitioners to create
compliance manuals.
Ethics are an integral part of the legal profession. Ethics are
important because they imbue a sense of orderliness and
professionalism in the members of the profession, and hence instil
in legal practitioners a sense of responsibility and
accountability. Understanding Professional Conduct and Ethics for
Legal Practitioners in Zambia covers the following areas: the core
ethics of a legal practitioner; the obligations of an advocate; the
fraternity of lawyers; undertakings; disciplining an advocate; the
conduct and ethics of prosecutors; and judicial officers' conduct
and ethics. The book includes the Judicial (Code of Conduct) Act,
the Legal Practitioners' Act and the Legal Practitioners' Practice
Rules.
This practical book shares insights, smart strategies and tips to
help you to market yourself and maximise your chances of career
success. The book covers: - what marketing actually is - why you
must put yourself in your clients' shoes - the importance of having
a personal brand - how to make networking work for you - blocks
lawyers have about marketing and how to overcome them - how to fit
marketing into your hectic schedule - how LinkedIn can help you to
create visibility online and build your reputation - how content
marketing fits with your overall marketing strategy and plan.
Written by an experienced mentor and coach with in-depth knowledge
and experience of the legal profession, this book is an essential
read for fast changing times with more competition.
Clinical legal education (CLE) is a springboard for entry into
legal practice, preparing students for the professional challenges
they will face after completing their studies and embarking on
their legal careers. In her eight years of conducting research on
CLE in South African universities, the author has found that the
most urgent needs are in the area of student assessment. Designing
a curriculum with assessable content is therefore essential for
clinicians who, in certifying students' capabilities, are the
gatekeepers to practice. This book identifies curriculum
requirements across a number of jurisdictions, and proposes a menu
of assessment methods, which may enhance the choices of assessment
methodologies available to South African university law clinics. It
also covers the setting of parameters for assessment, grading,
grade descriptors and moderation systems, and discusses different
forms of tests, assignments, essay- and oral-examinations, as well
as self- and peer-evaluation, peer editing, case portfolios, and
trial advocacy skills. The book addresses challenges such as
clinicians' heavy workloads and differing levels of experience in
supervision and assessment. It discusses challenges students face
and presents solutions enabling clinicians to help them depending
on their individual experience and needs. Also discussed are the
potential conflicts between the needs of students and those of the
local community being served by the law clinic. Although the aim of
this book is to find appropriate assessment methods for CLE, the
effectiveness of an assessment programme can only be determined
when measured against a curriculum. The proposed curriculum is
therefore measured against the identified assessment criteria. CLE
Lecturers can download assessment forms, checklists and rubrics
from the Juta Law website - visit
https://juta.co.za/support-material/detail/clinical-legal-education
for details.
Compliance and Ethics in Law Firms provides guidance on SRA
regulations for non-lawyers working in law firms and for those who
are responsible for ensuring that they comply with the SRA's rules
(such as COLPs, COFAs and learning and development professionals).
There are regulatory and legal consequences both for these
individuals and for their firms if they fail to demonstrate the
correct behaviours. It is therefore essential that everyone who
works in a law firm understands the compliance and ethical
requirements of SRA regulations. The second edition of this book
has been updated to aid compliance with the SRA Standards and
Regulations, which replaced the SRA Handbook in November 2019, as
well as relevant tribunal decisions. The text has been revised to
take account of the Money Laundering Regulations 2017, the Criminal
Finances Act 2017, the EU General Data Protection Regulation (GDPR)
and the Data Protection Act 2018. These changes are of great
significance and this edition will explain them and provide the
reader with a toolkit of regulatory and ethical knowledge which can
be applied to their specific circumstances.
Learn the skills it takes to succeed as a law graduate with this
essential text. Letters to a Law Student, 5th edition, Global
Edition by Nicholas J McBride, provides a thorough introductory
guide to higher education and learning context for law studies.
Voted in the top 6 books that future law students should read, it
is an approachable and easy-to-follow guidebook. The text flows as
a series of letters between a lecturer and aspiring student,
divided into chronological parts from thinking about a law degree
to preparing to study law, studying law, writing like a lawyer, and
thinking about the future. McBride adds practical advice throughout
the book, supporting your transition from school to studying law as
a first-year undergraduate. The 5th edition helps to build
confidence and encourages the essential study and legal skills you
will need to succeed. Packed with new and revised material, Letters
to a law student remains a current and helpful reference. This text
is a great companion for general law modules on skills, legal
system, jurisprudence and law, government, and society to keep you
thinking critically, analysing and understanding the law.
The Mindful Law Student is an innovative guide to learning about
mindfulness and integrating mindfulness practices into the law
school experience. Through the use of metaphor, insight,
mindfulness practices, and relaxation, and self-care exercises,
students are reminded of the tools they have long carried with them
to navigate the exciting and challenging environment of law school
and the practice of law. Scott Rogers brings readers on a journey
through the law school experience with seven hypothetical students
who experience situations that make tangible the challenges,
benefits, and promise of mindfulness. He provides real-world
examples of applying mindfulness in law school using language of
the law to impart mindfulness insights and practices. This novel
guide is an approachable and valuable resource for any law student.
This book examines patent law and policy in biotechnology across
the full lifecycle of the patent, focusing on the patent bargain
and the public interest. It considers the central issues of how to
strike an effective balance of rights, and whether public interest
is adequately safeguarded - two issues that are particularly
important in areas of rapidly emerging technology. Expert
contributors are brought together to explore patent eligibility in
biotechnology, focusing on the fields of precision medicine,
biofabrication and non-invasive prenatal testing. Chapters also
explore the construction and coherence of exceptions to
patentability,an examination of FRAND licensing in the context of
the internet of medical things, and the possibility of using
licensing to encourage or ensure the ethical use of patented
technologies. With its carefully constructed analysis, this book
will be an excellent resource for academic researchers, and
students, in the fields of biotechnology law, pharmaceutical law
and intellectual property law. It will also be useful for legal
practitioners and policymakers, as well as charitable bodies and
non-governmental organisations.
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