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Books > Law > Jurisprudence & general issues > Legal profession
With the introduction of Alternative Business Structures fast
approaching and more and more partnerships converting to LLP status
to meet the new requirements and remain competitive - now may be
the time to start considering the benefits of conversion for your
own firm. The conversion process can be a challenging one with
wide-reaching implications. But a successful LLP conversion can
provide the ideal opportunity to review your core business
operations, allowing you to plan positive change and growth in an
increasingly competitive and changing market. Managing Partner's
new report on LLP Conversion for Law Firms provides a highly
practical, step-by-step guide specifically taking into account the
unique considerations that are raised by today's economy and
evolving legal marketplace. It highlights the key questions that
need to be asked during the preparation and transition stages, as
well as how to deal with the complications that may arise after
conversion has taken place. Key topics covered include: +
Converting from a partnership to an LLP - key considerations and
trends; + Advantages and disadvantages of converting from a
partnership to an LLP; + Preparatory work and practical issues
involved; + The default provisions and their drawbacks; + Tailoring
the LLP agreement to reflect the needs of your firm; + Transferring
the existing partnership business into the LLP - key issues and
contractual obligations; + The general tax treatment of limited
liability partnerships - possible complications that may arise
after the conversion and how they might be handled; + Management
and technical resources involved in the conversion - Is outsourcing
an option? + The implications of the Legal Services Act 2007 and
the introduction of Alternative Business Structures. LLP Conversion
for Law Firms includes valuable behind-the-scenes access to
existing LLPs and the common pitfalls and successes they
encountered through the conversion process. In addition, you will
also find a precedent for an LLP agreement within the Appendix.
Whats more ...this publication comes complete with a complimentary
CDRom containing all the required forms for an LLP agreement in an
easy to access format. About the author Nicholas Wright is chief
executive of Wright Son & Pepper. He has specialised in LLPs
and professional regulation for over 15 years and has been a member
of the Solicitors' Assistance Scheme for most of that time. He has
acted for a number of substantial firms in dealing with regulatory
issues, as well as dealing with drafting, restructuring issues and
disputes.
When Steve and his partner Wilf set up their legal practice, they
aren't expecting the high life - 1980's Rotherham Magistrate's
Court is no Old Bailey. But they aren't expecting such weird and
wonderful lowlifes, either..."Boozers, Ballcocks & Bailis" the
first of legendary criminal lawyer Steve Smith's comic series, in
which Steve recounts with gusto their sometimes hilarious,
sometimes tragic and sometimes plain bizarre experiences both in
and outside the criminal justice system, and the colourful
characters they meet along the way. From incurably lacenous but
oddly likeable Jack Heptonstall to the Bird Man of Rotherham - not
to mention Spider, Pagey and an incontinent chimpanzee - the 'legal
James Herriot' takes the reader on a rollercoaster of laughter and
tears as he depicts human nature at its best - and worst.
With the current economic climate hitting growth potential hard,
now may be the time to seriously consider the benefits of a merger.
In the past decade it was not unusual for law firms in the buoyant
market to experience 15% plus organic fee growth, but in the next
five years this figure will be considered exceptional. If you
cannot achieve growth from current client baselines, a merger may
well be the only way to ensure the increases in turnover and
reductions in costs that will prevent the diving economy eating
away at fee incomes. The Art of the Law Firm Merger gives you a
clear understanding of the merger process from start to finish
including how and when to recognise the indicators that the merger
is not in the best interests of your firm. It provides templates
and methodologies that ensure the success of your chosen merger and
that your primary goals are achieved. The report will help you
achieve success with cultural change to ensure your law firm works
as a business, embracing best practice, technology and new
management structures. It explores staff selection, management
approaches, in-house training, reward structures and review methods
that will make successful change a reality. The Art of the Law Firm
Merger defines an effective communication strategy for keeping
stakeholders informed and supportive of the process, assists you in
setting timelines for all stages of the merger and even discusses
methods for measuring the results. The Go-Path template (Goals,
Objections, Process, Approval, Timetable, Help) is explained in
detail but above all, the merger process in this important new
report is always placed exclusively in the context of the very
unique considerations relating to law firms.
Risk management within law firms is a rapidly developing area. In
the last year economic changes alone (the term 'credit crunch' was
as yet unheard of when the second edition was written) have served
to highlight the need for your risk management strategy to be under
constant review. The credit crunch raises the game for all firms
substantially, bringing to the fore issues involving: People;
Clients; Regulatory risk; and Insurance. This report, substantially
increased in size to deal with the emerging issues, aims to give
you a clear understanding of how they will affect your law firm and
how you need to respond, in order to manage them effectively. The
third edition covers: Solicitors Regulation Authority (SRA)
monitoring and enforcement of the Solicitor's Code of Conduct 2007;
The Legal Services Act 2007 and the risks it presents; and A review
of compliance with the Money Laundering Regulations 2007 - a year
after their implementation on 15 December 2007. The report guides
you through the distinct requirements of a risk management system
including: Responsibility at senior management level; A framework
for managing risk across all parts of the business; Integration of
risk management processes into firm culture; Accountability in each
practice area and support function; A risk evaluation process;
External assessment; and Business continuity planning. Subjects
covered include: Credit crunch risks; People and culture issues;
Client engagement; Finance; Protecting partner assets; Compliance;
File auditing; Managing your insurance; Office systems; Location
and premises issues; Professional indemnity insurance; And more -
Risk Management for Law Firms, 3rd Edition provides an in-depth
analysis of key risk areas within the firm and aims to help firms
meet new and emerging challenges with clear, practical examples.
Business Continuity and Disaster Recovery for Law Firms is a
comprehensive step-by-step management guide to devising and
implementing an effective business continuity plan for your firm.
This vital new resource will provide you with the necessary tools
to ensure that your firm is equipped to respond quickly and
effectively to any business disruption, thereby preventing
far-reaching repercussions on revenue, incoming work and
reputation. Case studies and contributions from top law firms
including DLA Piper, Allen & Overy, Ashurst, Clifford Chance
and more will also provide you with proven business continuity
solutions and mechanisms used to respond to crises, overcome
disaster and protect your firm. Areas covered include: Examining
the risks facing your firm in the current business climate;
Evaluating the likelihood and severity of disruption; Establishing
an appropriate continuity plan; Refining and strengthening the main
components of your plan; Regulatory imperatives; Internal factors
to consider in effective BC planning; IT resilience; data security
and systems access; Embedding a disaster recovery process into the
culture of your firm; Testing and monitoring the plan to ensure
ongoing resilience; Process review: ensuring your BCP is in line
with your business strategy; Communication strategies in the event
of disruption; and Managing reputational risk; reducing damage and
handling press;
Data-gathering technology is more sophisticated than ever, as are
the ethical standards for using this data. This second edition
shows how to navigate this complex environment. Data Ethics
provides a practical framework for the implementation of ethical
principles into information management systems. It shows how to
assess the types of ethical dilemmas organizations might face as
they become more data-driven. This fully updated edition includes
guidance on sustainability and environmental management and on how
ethical frameworks can be standardized across cultures that have
conflicting values. There is also discussion of data colonialism,
the challenge of ethical trade-offs with ad-tech and analytics such
as Covid-19 tracking systems and case studies on Smart Cities and
Demings Principles. As the pace of developments in data-processing
technology continues to increase, it is vital to capitalize on the
opportunities this affords while ensuring that ethical standards
and ideals are not compromised. Written by internationally regarded
experts in the field, Data Ethics is the essential guide for
students and practitioners to optimizing ethical data standards in
organizations.
This book provides a detailed examination of the life and legal
legacy of Supreme Court Justice Thurgood Marshall, including a
discussion of the many legal cases in which he was involved.
Thurgood Marshall was the first African American Supreme Court
Justice. As a lawyer, he won the Supreme Court Case Brown v. Board
of Education of Topeka that integrated all public schools in the
United States. But Marshall's contributions extend far beyond
significantly advancing the civil rights movement in this nation.
Thurgood Marshall: A Biography discusses the life of Supreme Court
Justice Thurgood Marshall in a chronological fashion, and then
discusses his legacy after death. Students at all grade
levels-including undergraduate and graduate college students-as
well as historians and general readers interested in African
American history , civil rights, or the U.S. legal system will find
this book insightful and useful. A chronological timeline of the
life of Thurgood Marshall A bibliography provides useful references
A particularly important component of any research project is its
ethical dimensions which can refer to varied categories of practice
- from the protection of human subjects involved in medical and
social research to the publication of results research. More
recently, with the estimation of the possible consequences of the
implementation of technology, it is important for today's
researchers to address the standards of scientific practice and
avoid unethical behavior. Ethics in Research Practice and
Innovation is an essential reference source that discusses current
and historical aspects of ethical values in scientific research and
technologies, as well as emerging perspectives of conducting
ethical research in a variety of fields. Featuring research on
topics such as clinical trials, human subjects, and informed
consent, this book is ideally designed for practitioners, medical
professionals, nurses, researchers, scientists, scholars,
academicians, policy makers, and students seeking coverage on the
ethical risks and limitations of research practice.
Founded in 1847 in Lebanon, Tennessee, the Cumberland School of
Law holds a unique place in the history of American legal
education. As the premier law school in the South in the nineteenth
century, Cumberland trained two United States Supreme Court
justices, nine senators, a secretary of state, and scores of other
federal and state judges, representatives, and governors.
Cumberland is among the oldest law schools in the southeast and
is the first law school to have been sold outright from one
university to another, passing from Cumberland University to
Birmingham, Alabama's Howard College (now Samford University) in
1961. This book is a comprehensive narrative analysis of the
school's pedagogical and social history in the context of legal
education throughout the South and the nation.
This key text brings together a team of leading contributors to
address the complex issues of security reconciliation and
reconstruction in post conflict societies. Security, Reconstruction
and Reconciliation is organized into four main sections: the
social, political, and economic dimensions of conflict the impact
of conflict on women and children reconstruction and past human
rights violations disarmament, demobilization, reintegration,
post-war reconstruction and the building of a capable state and the
role of the international community in the peace process. The
chapters offer a detailed and succinct exposition of the challenges
facing post conflict societies by articulating the vision of a new
society. With a foreword by Francis Deng, the UN Secretary
General's Special Representative on Internally Displaced Persons,
the authors discuss the issues in the context of possible solutions
and lessons learnt in the field. This new book is a valuable
resource for researchers, policy makers and students in the fields
of conflict resolution, security studies, law and development.
Life assurance continues to be a topic of great practical
significance, given the popularity of endowment mortgages and
pensions, which contain an element of insurance, as well as the
need for families to protect against the loss of their
breadwinners. Since the first edition of this book in 1995 much has
changed, with a fundamentally new regulatory structure under the
Financial Services and Markets Act 2000, changes in divorce and
bankruptcy law, as well as continued developments in areas such as
insurable interest and utmost good faith. All these developments
are covered in this new edition, which at the same time retains the
extensive coverage of the well-established principles of this area
of law.
Areas dealt with include insurable interest, disclosure,
cancellation, intermediaries, marketing, assignment, surrender and
pension policies. This new edition has been comprehensively revised
and updated to take account of changes since the last edition was
published.
Legal language, or 'legalese' as it is sometimes called, is a
language that many people find hard to understand. This is because
some of the words and phrases that lawyers and other legal experts
use do not form part of regular everyday communication. However,
when these experts speak and write using unfamiliar language it is
often because they have to: 'ordinary' language cannot properly or
accurately describe the often complex concepts and issues involved.
This dictionary bridges the gap between the world of everyday
language and the world of legal language. Users can access over 20
000 legal words, each of which is explained in plain English for
the benefit of people without a legal background, as well as legal
practitioners, law students and other members of the legal
profession. The dictionary deals with the areas of criminal law,
criminal procedural law and law of evidence, and is aimed at
familiarising users with the use of legal language in a number of
settings, including the courtroom. A trilingual publication, this
English-isiXhosa-Afrikaans dictionary also contains a useful list
of Latin terms and phrases, together with explanatory notes, as a
centre insert. Synonyms, homonyms and polysemes are identified and
explained, and the dictionary provides guidance on the use of
abbreviations and how to cross-reference lemmas (headwords).
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.
There are law books about constructive trusts, the Perpetuities and
Accumulations Act 1964, and the rule in Foss v Harbottle. This law
book is not one of them. Writer David Pannick has always been much
more interested in unpersuasive advocates and injudicious judges.
In this entertaining and sometimes shocking collection of his
fortnightly columns from The Times (London), Pannick passes
judgement on advocates who tell judges that their closing
submissions to the jury will not take long because "I would like to
move my car before 5 o'clock." Pannick also sentences judges who
claim to have invisible dwarf friends sitting with them on the
Bench, who order the parties to "stay loose - as a goose," and who
signal their rejection of an advocate's argument by flushing a
miniature toilet on the bench. Pannick will entertain and inform
the reader about judges, lawyers, legal culture, and law reform. I
Have to Move My Car is an ideal gift for all those who appreciate
the lighter side to court life.
Women lawyers,less than a century ago still almost a contradiction
in terms, have come to stay. Who are they? Where are they? What
impact have they had on the profession that had for so long been a
bastion of male domination? These are key questions asked in this
first comprehensive study of women in the world's legal
professions. Answers are based on both quantitative and qualitative
analyses, using a variety of conceptual frameworks. 26
contributions by 25 authors present and evaluate the situation of
women in the legal profession in both common and civil law
countries in the developed world. 15 countries from four continents
are covered: the United States of America, Canada, Australia, New
Zealand, England, Israel, Germany, the Netherlands, Poland,
Finland, France, Italy, Brazil, Korea, and Japan. The focus ranges
from judges and public prosecutors, to law professors, lawyers
(attorneys), notaries and company lawyers. National differences are
clearly in evidence, but so are common features cutting across
national boundaries. Experience of glass ceilings and revolving
doors is as widespread and as real as success stories of women
lawyers pursuing their own projects.
This text provides a new dimension to the exciting and rapidly
expanding field of sport and the law. David McArdle contemplates
laws influence over the development of football between the
founding of the English Football League in 1888 and the European
Court of Justices seminal ruling in the Bosman case over a century
later. From Boot Money to Bosman provides insights into how the law
on violence and consent impacts upon acts of on-field violence,the
courts role in securing players a greater degree of contractual
freedom and the football governing bodies responses to player
power. It also looks at the games, and the legislatures, attempts
to prevent hooliganism and racism and considers the impact of the
move towards all-seater stadia in the wake of the Hillsborough
disaster. The book provides information on how race and sex
discrimination law impact upon footballs employment practices,
explains why the sports governing bodies are immune to public law
remedies such as judicial review (but are possibly not immune the
provisions of the Human Rights Act 1998) and exhorts footballs
governing bodies to take the lead in participant protection
initiatives. Lucid and thought-provoking, this book will be
required reading for sports studies students and particularly those
who are concerned with football and the law. It will also appeal to
people working within the football industry and others who wish to
understand how the law has influenced, and will continue to
influence, the development of football.
First published in 1849 in London under the title Hortensius: or,
The Advocate, Forsyth's History of Lawyers is a spirited account of
advocacy in ancient Greece, Rome, and England and of the bar in
France. Acknowledging that " w]e are too apt to cloth the ancients
in buckram, and view them, as it were, through a magnifying glass,
so that they loom before us in the dim distance in almost colossal
proportions," Forsyth presents in familiar terms the language of
the law and how advocates behaved. Frequently citing classical
sources with his own translations, he describes in impressive
detail such things as curious trials and the rights and obligations
of counsel.William Forsyth 1812-1899] was an English lawyer and
author of many works on law and literature, including History Of
Trial By Jury (1852).CONTENTS CHAPTER I. Advocacy in Theory CHAPTER
II. The Athenian Courts CHAPTER III. Sketch of the Roman Law and
the Roman Courts During the Republic CHAPTER IV. Advocacy in
Ancient RomeCHAPTER V. Some Account of the Advocates or Rome During
the Republic CHAPTER VI. The Bar Under the Empire, and in the
Middle Ages CHAPTER VII. The Noblesse de la Robe CHAPTER VIII.
Advocacy in England CHAPTER IX. The Honorarium CHAPTER X. Forensic
Casuistry
Unique in its use of literature from Dutch, French, and German
sources. No other comparable textbook on legal method/ legal
science. Interdisciplinary; useful also for those looking to
understand the philosophy of science.
Understood one way, the branch of contemporary philosophical ethics
that goes by the label "metaethics" concerns certain second-order
questions about ethics-questions not in ethics, but rather ones
about our thought and talk about ethics, and how the ethical facts
(insofar as there are any) fit into reality. Analogously, the
branch of contemporary philosophy of law that is often called
"general jurisprudence" deals with certain second order questions
about law- questions not in the law, but rather ones about our
thought and talk about the law, and how legal facts (insofar as
there are any) fit into reality. Put more roughly (and using an
alternative spatial metaphor), metaethics concerns a range of
foundational questions about ethics, whereas general jurisprudence
concerns analogous questions about law. As these characterizations
suggest, the two sub-disciplines have much in common, and could be
thought to run parallel to each other. Yet, the connections between
the two are currently mostly ignored by philosophers, or at least
under-scrutinized. The new essays collected in this book are aimed
at changing this state of affairs. Dimensions of Normativity
collects together works by metaethicists and legal philosophers
that address a number of issues that are of common interest, with
the goal of accomplishing a new rapprochement between the two
sub-disciplines.
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