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Books > Law > Jurisprudence & general issues > Legal profession
Self-representation has a long, venerable history dating to
biblical times and continuing through the common law, the colonial
era, to the present. This book collects and analyzes the law,
ethics opinions, and empirical studies about the wide range of
issues surrounding Self-represented litigants (SRLs) in our justice
system, including how much, if any, assistance should a judge
provide, what duties do lawyers interacting with SRLs, and many
others. Using recent empirical studies from both Civil litigation
and criminal defense, Jona Goldschmidt argues that SRLs' cases
cannot be fairly heard without a mandatory judicial duty of
reasonable assistance. In order to maintain public trust and
confidence in our justice system, self-represented parties must be
guided and assisted. Courts and the legal profession should
continue to adapt and meet the challenge of managing and
interacting with those who choose or are compelled to
self-represent. Only when self-represented litigants are embraced
by the courts, they will finally receive "equal justice under law."
This book would be of interest to those studying criminal justice
and legal studies, specifically legal history and legal ethics, as
well as judges, lawyers and other professionals in the field.
Legal professionals are thought to have higher levels of mental
health issues and lower levels of wellbeing than the general
population. Drawing on qualitative data from new research with
legal practitioners, this in-depth study of mental health and
wellbeing in the UK and Republic of Ireland's legal sector is a
timely contribution to the urgent international debate on these
issues. The authors present a comprehensive discussion of the
cultural, structural and other causes of legal professionals'
compromised wellbeing. They explore the everyday demands and
difficulties of the legal working environment and consider the
impacts on individuals, the legal profession and wider society.
Making comparisons with systems overseas, this is an invaluable
resource that provides evidence-based suggestions for swift and
effective organisational and policy-related interventions in the
legal sector.
A concise, well-documented review and discussion of the exposure
that lawyers and others in law-related professions have to
malpractice suits against them in this malpractice crazed U.S.
society. Warren Freedman makes clear that except for product
liability suits, malpractice suits are the most litigated legal
actions in civil matters, and points out that professionals in
these fields are held to higher standards of conduct and ethics
than their counterparts in many other fields. He discusses the
facts and rulings in various, representative cases and, in so
doing, provides lawyers and professionals in related fields with
awareness of what they can and cannot do, and what the consequences
can be if they behave unethically. A valuable resource for
professionals, graduate students, professors of law, government
officials, and civil liberties experts.
Legal Analytics: The Future of Analytics in Law navigates the
crisscrossing of intelligent technology and the legal field in
building up a new landscape of transformation. Legal automation
navigation is multidimensional, wherein it intends to construct
streamline communication, approval, and management of legal tasks.
The evolving environment of technology has emphasized the need for
better automation in the legal field from time to time, although
legal scholars took long to embrace information revolution of the
legal field. * Describes the historical development of law and
automation. * Analyzes the challenges and opportunities in law and
automation. * Studies the current research and development in the
convergence of law, artificial intelligence, and legal analytics. *
Explores the recent emerging trends and technologies that are used
by various legal systems globally for crime prediction and
prevention. * Examines the applicability of legal analytics in
forensic investigation. * Investigates the impact of legal
analytics tools and techniques in judicial decision making. *
Analyzes deep learning techniques and their scope in accelerating
legal analytics in developed and developing countries. * Provides
an in-depth analysis of implementation, challenges, and issues in
society related to legal analytics. This book is primarily aimed at
graduates and postgraduates in law and technology, computer
science, and information technology. Legal practitioners and
academicians will also find this book helpful.
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.
Brings a distinctive and appropriately provocative stance to a
growing debate;
The legal sector is being hit by profound economic and
technological changes (digitalization, open data, blockchain,
artificial intelligence ...) forcing law firms and legal
departments to become ever more creative in order to demonstrate
their added value. To help lawyers meet this challenge, this book
draws on the perspectives of lawyers and creative specialists to
analyze the concept and life cycle of legal innovations, techniques
and services, whether related to legislation, legal engineering,
legal services, or legal strategies, as well as the role of law as
a source of creativity and interdisciplinary collaboration.
This unique book examines whether there is sufficient human rights
accountability for undertakings supported by bilateral state
development and export credit agencies. In contrast to leading
international development and financial actors such as the World
Bank, the accountability of bilateral development and export credit
agencies has, to date, remained widely unexplored. This book
analyses the effectiveness of the human rights system in allowing
affected individuals to claim accountability for human rights
violations resulting from bilateral development and export credit
agency supported undertakings. It provides a comprehensive
examination of development and export credit agencies' legal nature
and explores three legal pathways open to claimants: host state
responsibility, home state responsibility and corporate
responsibility. Furthermore, it includes empirical data on the
corporate responsibility process in seven agencies. Barbara Linder
concludes that there is a significant human rights accountability
gap with regards to bilateral development and export credit agency
supported undertakings. The final chapters make recommendations for
strengthening human rights accountability and improving access to
justice for adversely affected individuals. Academics and
professional lawyers working at the intersection of human rights,
development cooperation and investment will find this a compelling
body of work. The book provides information on existing case law,
highlights human rights accountability gaps and outlines
illustrative case studies that will act as a valuable point of
reference.
This book proposes a new model of professional ethics enabling
lawyers to advise clients upon both the law and ethics. This will
better protect clients, and society, and enhance lawyers'
professional obligations. The current model of legal ethics,
developed in the 19th century, specified that the role of lawyers
was only to interpret the law, not also to give ethical advice.
This was acceptable to lawyers, clients, and society at that time.
However, this is not the case now and legal ethics no longer
reflects the needs of modern legal practice. This book draws on
moral philosophy to present a new model of legal ethics that
explains the analytical process to include ethical advice. It
analyses the potential harm of the present model to the legal
profession who have duties to the law and justice that may compete
with demands by clients to serve them. Further, lawyers' duty to
clients to act in their best interests is sometimes not adequately
fulfilled as legal ethics does not permit lawyers to give ethical
advice even if it may be in clients' best interests to do so. The
work includes a detailed case study of corporate law practice to
show why a new legal ethics is required. Other case examples are
provided to demonstrate that lawyers practicing in all areas of law
encounter ethical issues and they too will benefit from a new legal
ethics. The book will be essential reading for students, academics,
lawyers and professional bodies.
This innovative handbook provides a comprehensive, and truly
global, overview of the main approaches and themes within law and
society scholarship or social-legal studies. A one-volume
introduction to academic resources and ideas that are relevant for
today's debates on issues from reproductive justice to climate
justice, food security, water conflicts, artificial intelligence,
and global financial transactions, this handbook is divided into
two sections. The first, 'Perspectives and Approaches', accessibly
explains a variety of frameworks through which the relationship
between law and society is addressed and understood, with emphasis
on contemporary perspectives that are relatively new to many
socio-legal scholars. Following the book's overall interest in
social justice, the entries in this section of the book show how
conceptual tools originate in, and help to illuminate, real-world
issues. The second and largest section of the book (42 short
well-written pieces) presents reflections on topics or areas
concerning law, justice, and society that are inherently
interdisciplinary and that are relevance to current - but also
classical - struggles around justice. Informing readers about the
lineage of ideas that are used or could be used today for research
and activism, the book attends to the full range of local, national
and transnational issues in law and society. The authors were
carefully chosen to achieve a diverse and non-Eurocentric view of
socio-legal studies. This volume will be invaluable for law
students, those in inter-disciplinary programs such as law and
society, justice studies and legal studies, and those with
interests in law, but based in other social sciences. It will also
appeal to general readers interested in questions of justice and
rights, including activists and advocates around the world.
Teaching Legal Education in the Digital Age explores how legal
pedagogy and curriculum design should be modernised to ensure that
law students have a realistic view of the future of the legal
profession. Using future readiness and digital empowerment as
central themes, chapters discuss the use of technology to enhance
the design and delivery of the curriculum and argue the need for
the curriculum to be developed to prepare students for the use of
technology in the workplace. The volume draws together a range of
contributions to consider the impact of digital pedagogies in legal
education and propose how technology can be used in the law
curriculum to enhance student learning in law schools and lead
excellence in teaching. Throughout, the authors consider what it
means to be future-ready and what we can do as law academics to
facilitate the knowledge, skills and dispositions needed by
future-ready graduates. Part of Routledge's series on Legal
Pedagogy, this book will be of great interest to academics,
post-graduate students, teachers and researchers of law, as well as
those with a wider interest in legal pedagogy or legal practice.
Includes chapters from barristers from a diverse range of social
backgrounds. Features a foreword from a recently qualified circuit
judge. An ideal companion for students beginning to apply for
barrister pupillages.
As the #MeToo movement has become an increasingly global and
significant workplace matter, a timely resource compiling must-know
international workplace sexual harassment laws for the
multinational employer is clearly needed. This book provides a
comprehensive compilation of global sexual harassment laws, clearly
necessary in this climate but not currently existing until now. It
presents legislation addressing workplace sexual harassment in over
50 countries in the European Region, Asia Pacific, Americas, and
the Middle East and Africa. Within each region, the laws of
individual countries are set forth, as well as some cultural
context and recent developments to indicate present and future
trends in workplace sexual harassment regulation. Written in clear,
plain English for anyone without a legal background to understand,
this book is essential reading and a key resource for employment
and business attorneys, global employers, managers, human resources
professionals, and occupational health and safety professionals.
Academics, practitioners, union members, employees, NGOs, and those
in the human rights field will also benefit from this timely
resource.
- Unique, practical text that gives step-by-step guidance in a
growing area of legal practice - Supported by real-life examples,
study questions, and multiple choice questions online. - Author is
a practising attorney specialising in bankruptcy law, as well as an
experience lecturer at a range of US institutions.
Includes chapters from barristers from a diverse range of social
backgrounds. Features a foreword from a recently qualified circuit
judge. An ideal companion for students beginning to apply for
barrister pupillages.
In the five years since the first edition of this book published,
there has been an accelerated rise in the number and influence of
COO roles in the legal sphere. No longer the preserve of the
largest national and international firms, mid-tier firms and even
New Law and alternative legal service providers are considering a
COO as a potential - perhaps even essential - component of law firm
management, to achieve increased efficiency, productivity, and meet
the demands of a highly competitive market. With contributions from
a number of current law firm COOs, alongside some of the most
respected and sought-after consultants working in this space, this
second edition of Rise of the Legal COO examines the scope and
variety of the legal COO role, and how the challenges and demands
of the position have altered as law firms have evolved. It contains
updated chapters from the first edition, and several brand new
chapters covering topics such as: How the COO can enable innovation
and digital transformation in their firm; The COO's role in
managing profitability and client engagement; The use of data in
law firm management; and The New Law COO. There are also all-new,
exclusive interviews with legal COOs from a variety of national and
international firms, covering topics ranging from the importance of
relationships and adapting to the new hybrid, post-COVID world, to
encouraging innovation in firms and strategies to recruit and
retain talent. There is no doubt that a good COO is an invaluable
part of a firm's management team, and the opportunities for
talented individuals with broad operational management skills will
continue to grow. Heavily backed up by the first-hand experience of
the contributors, this title provides essential guidance to the
current and future legal COO on the skills and strategies they need
to succeed, and to law firms on how to recruit, integrate, and
develop a COO who will be a good match for their culture and help
them achieve their ambitions.
"M.W. Gibbs recalls a life of myriad transformations-from a youth
of poverty to success in gold rush California to election as the
first black municipal judge in America to service as the American
consul to Madagascar. And Gibbs tells it all with a verve and
candor. It is an autobiography worthy of its subject-and just as
much worth reading today as when it was first published in
1902."-Tom W. Dillard Shadow and Light: An Autobiography (1902) is
an astonishingly rich historical document from one of the most
exceptional pioneers in nineteen-century America. Mifflin Wistar
Gibbs's account of his towering success as an African American
businessman, newspaper owner, judge, and diplomat is a voluminous
narrative of one man's triumph despite the staggering racial
inequalities of the time. Born into a free black family in
Philadelphia in 1823, the young Mifflin Wistar Gibbs demonstrated a
precociousness as a writer and orator as young as 16 years old.
Although involved in the black literary and political scenes in
Philadelphia, Gibbs was disillusioned with the city's racial
inequality; He subsequently became involved in abolitionist
activities, and was an active participant in the Underground
Railroad. In his late 2o's he was invited by Fredrick Douglas to
speak on an abolitionist lecture circuit throughout New York, Ohio,
and Pennsylvania. In 1850 Gibbs left for the west to seek a fortune
in the California gold rush. By the late 1850's he had built a
successful business, and eventually established two black-owned
newspapers in the Bay Area. When new discriminatory laws were
passed in California, Gibbs moved to Victoria, where he became
extremely successful as a businessman and a leader of the black
community. Once the civil war had ended, he returned to the United
States where he earned a law degree, moved to the south, and by
1873 had become the first African American elected as a municipal
judge. From his beginning as a fatherless boy, to his post as an
American diplomat, Shadow and Light is a stirring testament to the
achievements of an extraordinary American pioneer. With an
eye-catching new cover, and professionally typeset manuscript, this
edition of Shadow and Light: An Autobiography is both modern and
readable.
Confidentiality and record keeping are essential aspects of
everyday counselling practice. This book introduces you to the law,
ethics, guidance and policy relevant to counselling records and
confidentiality, using examples from practice to apply this to a
wide range of counselling situations and dilemmas. This edition is
fully updated to cover recent developments in guidance,
professional ethics, policy and law, including new chapters on GDPR
and data protection law and online and telephone counselling
practice. With an extensive glossary, checklists and useful legal
and other resources, this is an essential resource for trainees and
practitioners in the helping professions.
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