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Books > Law > Jurisprudence & general issues > Legal profession
Over the past five years, the American Bar Association and legal educators themselves have been expanding the discussion of professional responsibility. Traditionalists state that lawyers must maximize the gain for their client regardless of whether that means turning a blind eye to behavior or facts which may serve justice but hinder the client's case.In "Why Lawyers Behave as They Do, " Paul Haskell explains the professional rules that govern how lawyers behave and which permit--or require--conduct that laypersons may find unethical. In his criticism of the traditional role of lawyers, Haskell proposes an alternative--and controversial--model of behavior.
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.
Rose Elizabeth Bird was forty years old when in 1977 Governor Edmund G. "Jerry" Brown chose her to become California's first female supreme court chief justice. Appointed to a court with a stellar reputation for being the nation's most progressive, Bird became a lightning rod for the opposition due to her liberalism, inexperience, and gender. Over the next decade, her name became a rallying cry as critics mounted a relentless effort to get her off the court. Bird survived three unsuccessful recall efforts, but her opponents eventually succeeded in bringing about her defeat in 1986, making her the first chief justice to be removed from the California Supreme Court. The Case of Rose Bird provides a fascinating look at this important and complex woman and the political and cultural climate of California in the 1970s and 1980s. Seeking to uncover the identities and motivations of Bird's vehement critics, Kathleen A. Cairns traces Bird's meteoric rise and cataclysmic fall. Cairns considers the instrumental role that then-current gender dynamics played in Bird's downfall, most visible in the tensions between second-wave feminism and the many Americans who felt that a "radical" feminist agenda might topple long-standing institutions and threaten "traditional" values.
Noel Semple's outstanding book Legal Services Regulation at the Crossroads: Justitia's Legions is an exceptional overview, critique, and reevaluation of lawyer regulation in the common law world. He clearly and concisely delineates the widening regulatory gulf between North American jurisdictions (which he calls 'professionalist-independent') and the rest of the common law world (the 'competitive-consumerist' approach). Semple compares these approaches and presents a fair and persuasive defense of the American and Canadian model, as well as some sensible suggestions for possible improvements. If you seek to understand the current state of lawyer regulation in the common law world, you have found your guide.' - Benjamin Barton, The University of Tennessee, US'I have been delighted to have been able to observe, and discuss with, Professor Noel Semple the evolution of this outstanding book over the past three years. In my view, there is no comparable treatment of the regulation of legal services in North America that is as comprehensive in its substantive coverage, broadly interdisciplinary in the perspectives it engages, and original in the insights it offers.' - Extract from the foreword by Michael Trebilcock, University of Toronto, Canada Who should be allowed to provide legal services to others? What characteristics must these services possess? Through a comparative study of English-speaking jurisdictions, this book illuminates the policy choices involved in legal services regulation and the important consequences of these choices. Regulation can protect the interests of clients and the public, and reinforce the rule of law. On the other hand, it can undermine access to justice and suppress innovation, whilst failing to accomplish its lofty ambitions. In this book, Noel Semple offers a pathway towards increasing regulation's benefits and reducing its burdens. A client-centric approach to legal services regulation can enhance access to justice and service quality, while revitalizing legal professionalism, self-regulation, and independence. This book is both a comparative study of legal services regulation in the common law world, and an agenda for regulatory reform. Legal Services Regulation at the Crossroads will benefit legal scholars with an interest in access to justice, professional responsibility and legal ethics. Practitioners in legal services regulation will find the comprehensive agenda for reform a pragmatic point of reference.
In the last thirty years, the number of lawyers in the United
States and Canada has more than tripled, and today as many women as
men are entering legal practice. The sudden, dramatic increase of
women in the profession would seem to signify a new era of equality
in the legal profession. However, stereotypes about women's
abilities to balance responsibilities at work and home hamper their
upward mobility in this male-dominated field. Battling sexual
discrimination, women in law grapple with long-held assumptions
about parenting, inferring that women eventually abandon their
careers in order to take care of home and children. A large
percentage of women leave the profession dissatisfied and
distressed or seek part-time solutions, and those women who do stay
in practice often find there is a ceiling on their status and
monetary compensation.
[a oeRulings in Ecclesiastical Matters Since 1946a ]The collection of rulings publishes the administration of justice by governmental courts in the Federal Republic of Germany pertaining to the relationship of church and state, and also regarding further problems which are characterized by the relevance of religious concerns.
There are shelves of memoirs about overcoming the death of a
parent, childhood abuse, rape, drug addiction, miscarriage,
alcoholism, hustling, gangbanging, near-death injuries, drug
dealing, prostitution, or homelessness. You have in your hands the strange, heart-wrenching, and
exhilarating tale of a woman named Cupcake. It begins as the story
of a girl orphaned twice over, once by the death of her mother and
then again by a child welfare system that separated her from her
stepfather and put her into the hands of an epically sadistic
foster parent. But there comes a point in her preteen years--maybe
it's the night she first tries to run away and is exposed to drugs,
alcohol, and sex all at once--when Cupcake's story shifts from a
tear-jerking tragedy to a dark comic blues opera. As Cupcake's
troubles grow, so do her voice and spirit. Her gut-punch sense of
humor and eye for the absurd, along with her outsized will, carry
her through a fateful series of events that could easily have left
her dead.
Also available as a Random House AudioBook and eBook. "From the Hardcover edition."
In an increasingly globalised and complex economy, arbitration is becoming the dispute resolution mechanism of choice for international M&A transactions. Spanning share purchase agreements, asset purchase agreements, shareholder agreements and joint venture arrangements, this is a huge area of commercial activity, giving rise to an expanding number of disputes. In the second and expanded edition of this title, leading experts in the field of international arbitration provide legal and practical guidance on the key types of dispute likely to arise from M&A transactions (eg, warranty claims, shareholder disputes, claims relating to completion accounts), and offer procedural and tactical tips for arbitration arising from them. The content also covers the fundamental questions of arbitrability, confidentiality, freedom to choose the governing law (and questions of mandatory law) and enforceability in a number of key jurisdictions. Together, the contributors provide a one-stop guide to the legal, tactical and practical aspects of arbitration in today's M&A market. The second edition contains not only valuable updates to the first edition, but includes new chapters covering a number of additional jurisdictions (including Peru and Poland). It also introduces a number of additional chapters on third party funding and warranty and indemnity insurance, as well as key concepts of valuation in the arbitration context, the quantification of damages for breach of representations and warranties. Whether you are a lawyer in private practice or are involved in M&A in the broadest sense, this commercially focused title will provide you with holistic, practical insight into the arbitration of M&A transactions.
Offers complete, accessible information on every topic of concern to law students ranging from the LSAT, the Bar Exam, Law Review, computerized research and videotape study aids to obtaining that important clerkship or job. Includes recent data on demographics of law school applicants, current salaries for a variety of legal careers, nontraditional courses, legal clinics, detailed discussions regarding the latest law trends such as deregulation and insider trading. Will appeal to law students at all stages of their education.
When it was ratified in 1791, the First Amendment to the Constitution of the United States sought to protect against two distinct types of government actions that interfere with religious liberty: the establishment of a national religion and interference with individual rights to practice religion. Since that time, no question has so bedeviled the U.S. Supreme Court as finding the best way to interpret and apply the Establishment Clause and the Free Exercise Clause of the First Amendment. In this unique and timely book, Jay Sekulow examines not only the key cases and their historical context that have shaped the law concerning church-state relations, but also, for the first time, the impact of the religious faith and practices of Supreme Court Justices who have ruled in each case. Covering cases from the teaching of religion in public schools and the use of federal funds for parochial schools to today's debates about the Pledge of Allegiance and public displays of the Ten Commandments, Witnessing Their Faith is essential reading for anyone interested in the history and future of religious freedom in America.
Every lawyer wants to be a good lawyer. They want to do right by their clients, contribute to the professional community, become good colleagues, interact effectively with people of all persuasions, and choose the right cases. All of these skills and behaviors are important, but they spring from hard-to-identify foundational qualities necessary for good lawyering. After focusing for three years on getting high grades and sharpening analytical skills, far too many lawyers leave law school without a real sense of what it takes to be a good lawyer. In The Good Lawyer, a follow up to their book The Happy Lawyer, law professors Douglas O. Linder and Nancy Levit combine evidence from the latest social science research with numerous engaging accounts of able attorneys at work to explain just what makes a good lawyer. They organize the book around the qualities they see as crucial: courage, empathy, integrity, realism, a strong sense of justice, clarity of purpose, and an ability to transcend emotionalism. But as the authors point out, each one must be apportioned in the right measure, and achieving the right balance is difficult. Lawyers need to know when to empathize and also when to detach; courage without an appreciation of consequences becomes recklessness. And what do you do in tricky situations, where the urge to deceive is high? How can you maintain focus through a mind-taxing (or mind-numbing) project? Every lawyer faces these problems at some point - they're inherent in the nature of the work-but if properly recognized and approached, they can be overcome. It's not easy being good - quality is less something one grasps and hangs onto than a goal that requires constant striving and attention - but this engaging guide will serve as a handbook for any lawyer trying not only to figure out how to respond to difficult situations, but how to become a better - meaning both more competent and more virtuous - lawyer.
The women's movement and increasing social consciousness regarding gender disparity and discrimination has helped to make gains over the past several decades to reduce gender disparity for women in the workplace. However, gender discrimination and disparity continue to exist. Women continue to receive lower wages, and fewer opportunities for promotion and professional advancement - and this is particularly true in male dominated professions such as criminal justice. Building on original qualitative data, this book explores the experiences of female criminal justice professionals who have risen to the top of their professional ladders. The book includes first-hand narrative accounts of high ranking successful professional women working across a range of fields such as policing, courts, corrections, victim and restorative justice services and criminal justice research agencies in the United States and Canada. This book highlights the barriers that successful female criminal justice professionals have to overcome to obtain their positions, and identifies key themes that these women see as having allowed them to break through those barriers and to navigate their professional environments. This book provides students interested in entering the criminal justice field - and working professionals already in the field - with knowledge about women who have risen through the ranks and up the professional ladder to break through the glass and the brass ceilings of their profession.
This collection contains the very best writing on lawyers' ethics. Timeless and provocative, the essays explore the moral foundations of the lawyer's role as well as the personal and professional dilemmas lawyers face in the practice of law. What does it mean to be a good lawyer? How does a lawyer navigate the inevitable tension between moral principles and professional responsibilities? The collection brings together previously published articles alongside a specially commissioned introduction by the volume editors which provides an overview of the articles and themes in the collection. This volume is of interest to teachers and scholars of legal ethics, and undergraduate and graduate students of law.
This book delineates the limits that define, and the tensions that beset, the process of conceiving how laws connect and interact with morals and facts-about the ways we do think about these connections and interactions, not about the ways we should think.
The definitive biography of one of history's greatest Supreme Court justices. How did a conservative Republican end up creating the most liberal Supreme Court in modern history? This new biography of Earl Warren Sr., based on primary sources and previously unpublished material, brings together for the first time family recollections, anecdotes, mementoes, photos, documents, and excerpts from diaries, along with the facts of the great jurist's life. The result is the most accurate, up-to-date, and complete picture of the man available. Beginning with Warren's upbringing and Scandinavian immigrant parents who taught him fairness, tolerance, and reverence for the truth, the author then reviews Warren's early career in California as a district attorney. There he helped put an end to corruption in the police department, tackled organized crime, and worked to end illegal gambling and offshore racketeering. After becoming governor, he fought to improve the state's public health, education, and prison systems. And he played an important role in the election of Dwight D. Eisenhower as the first Republican president in twenty years. Focusing largely on Warren's remarkable career as Chief Justice of the Supreme Court, chapters are devoted to that court's landmark rulings, including Brown v. Board of Education and Miranda. In addition, the author discusses Warren's relationships with Richard Nixon and John F. Kennedy. Finally, he delves into the Chief Justice's role in spearheading the Warren Report, the official publication documenting the investigation of President Kennedy's assassination--findings that forever etched Warren's name in history. With access to surviving Warren family members, courtesy of Earl Warren's grandson, Judge James Warren, the author has crafted the definitive biography of one of history's greatest Supreme Court justices.
Ethical issues do not occur in isolation. Instead, real-life situations arise in the workplace alongside other pressing issues such as job security, career advancement, peer pressure, manager evaluations, and company profits. For this reason, students and employees in law need concise and common sense guidance that provides a framework for how to voice one's values in the midst of competing interests. This book does just that. By providing twelve accessible scenarios drawn from real-life examples, this book walks readers through some of the most common ethical issues they will face in the workplace and how to address them in a manner that is realistic and effective. There are two clear reasons to read Giving Voice to Values in the Legal Profession. First, it is practical. The book presents information that is readily useful to students as they move forwards in their personal lives and careers. Second, the book is concise and easy to add to an existing course. It can provide a context for discussing a myriad of issues around ethics in the legal profession.
Lawyers at Work reveals what it means and what it takes to be a satisfied, sane, and successful lawyer in today's tough legal marketplace. Through incisive in-depth interviews, a top legal headhunter gives the 3rd degree to 15 successful lawyers who run the gamut of the legal profession. Practice areas represented in these profiles range from employment discrimination to corporate defense, from federal white collar prosecution to the legal structuring of complex derivative instruments, from antitrust in DC to trusts & estates in Florida, from divorce in New York to international mergers in Paris, from intellectual property in Silicon Valley to creeping expropriation in India, and from entertainment law in Hollywood to welfare rights in the Bronx. Law firm sizesrange from one of the biggest in the world with over two thousand lawyers to a one-lawyer general practice. Career levels range from biglaw partners and courtroom superstars to mid-level associates and ex-lawyers. Though many of the interviewees in Lawyers at Work are generic adversaries, the interviewer brings out commonalities in their ways of working, methods of reasoning, and sources of personal motivation.Readers hear from the practitioner's own unbuttoned lips about their career formation, daily work grind, victories and setbacks, guiding principles, professional rewards, and practical advice for aspiring lawyers.Readers will learn: *what lawyers really do, why they're so expensive, and whether those stereotypes about them are warranted (if you are a client) *whether you really want to become a lawyer and how to match yourself to the right practice area (if you aspire to be a lawyer) *how to manage and build your legal career for greater personal satisfaction (if you are already a lawyer) *how to leverage your skills into another practice area or profession (if you're an unhappy lawyer) What you'll learnAs a result of reading Lawyers at Work, you will learn * what lawyers really do and to what extent those stereotypes about lawyers are warranted (if you're a general reader) * how to match yourself to the right practice area (if you aspire to be a lawyer) * how to manage and build your legal career (if you are already a lawyer) * how to leverage your skills into another practice area or profession (if you're an unhappy lawyer) Who this book is for Lawyers at Work appeals to a broad spectrum of readers: new and veteran lawyers of all types, prospective and actual law students, legal support staff, clients, business professionals who work with in-house lawyers, and general readers who are fascinated by the complex roles and ambivalent stereotypes of lawyers in our society and culture.Table of Contents Chapter 1. Anne Vladeck (Employment) Chapter 2. James Sanders (Corporate Defense) Chapter 3. Jon Streeter (Federal Prosecution) Chapter 4. Ken Kopelman (Financial Services) Chapter 5. Nandan Nelivigi (India Practice) Chapter 6. Jacalyn Barnett (Family Law) Chapter 7. Peri Johnson (International Law) Chapter 8. Kate Romain (Cross-Border M&A) Chapter 9. Chris Sprigman (Antitrust/Intellectual Property) Chapter 10. Wayne Alexander (Entertainment) Chapter 11. Sean Delany (Nonprofit) Chapter 12. David Whedbee (Civil Rights) Chapter 13. Shane Kelley (Trusts & Estates) Chapter 14. Arthur Feldman (Civil Litigation) Chapter 15. Adam Nguyen (Corporate/Legal Technology)
While legal technology may bring efficiency and economy to business, where are the people in this process and what does it mean for their lives? Brings together leading judges, academics, practitioners, policy makers and educators from countries including India, Canada, Germany, United Kingdom South Africa and Nigeria Includes contributions from Roger Smith, Dory Reiling, Christian Djeffal, George Williams and Odunoluwa Longe Offers a dialogue between theory and practice by presenting practical and reflective essays on the nature of changes in the legal sector Analyses technological changes taking place in the legal sector, situates where these developments have taken place, who has brought it about and what impact has it had on society Around four billion people globally are unable to address their everyday legal problems and do not have the security, opportunity or protection to redress their grievances and injustices. Courts and legal institutions can often be out of reach because of costs, distance, or a lack of knowledge of rights and entitlements and judicial institutions may be under-funded leading to poor judicial infrastructure, inadequate staff, and limited resources to meet the needs of those who require such services. This book sets out to embed access to justice into mainstream discussions on the future of law and to explore how this can be addressed in different parts of the legal industry. It examines what changes in technology mean for the end user, whether an ordinary citizen, a client or a student. It looks at the everyday practice of law through a sector wide analysis of law firms, universities, startups and civil society organizations. In doing so, the book provides a roadmap on how to address sector specific access to justice questions and to draw lessons for the future. The book draws on experiences from judges, academics, practitioners, policy makers and educators and presents perspectives from both the Global South and the Global North.
- A resource suitable for both existing legal professionals and students interested in gaining an advantage ahead of practising. - Language level benchmarked against CFER (Common European Framework of Reference) means the book can be used by tutors throughout Europe. - Addresses soft language skills not met in competing titles - Features a companion website with listening exercises and, if the book is used in the classroom, teaching notes. - Authors are experienced teachers and also former legal professionals.
As one of only nine women in a class of 500 at Harvard Law School when she enrolled in 1956 and one of only four female Supreme Court justices in the history of the United States, Ruth Bader Ginsburg is frequently viewed as a feminist trailblazer and an icon for civil rights. Ginsburg has always been known as a prolific writer and speaker. Now, Ruth Bader Ginsburg: In Her Own Words offers a unique look into the mind of one of the world's most influential women by collecting 300 of Ginsburg's most insightful quotes. Meticulously curated from interviews, speeches, court opinions, dissents, and other sources, Ruth Bader Ginsburg: In Her Own Words creates a comprehensive picture of Ruth Bader Ginsburg, her wisdom, and her legacy.
Why this report, why now? It is of course an understatement to say our lives have changed massively since the end of March 2020. The restrictions that have had to be brought in to control COVID-19 saw almost all of us forced to work from home, only connected to our colleagues and clients by Teams, Zoom, and Facetime. At the time it looked like this was going to be a six-month blip. We'd ride it out then things would start to go back to normal and we could carry on as we were. We all now know that is definitely not the case. As I started writing this book in late October 2020 we had started to see a slight return to the office - albeit in shifts to maintain the required social distancing - and face-to-face meetings over coffee or lunch were starting to creep back in. However, it now looks as though in the short-term at least the restrictions will get tighter before they relax again. But you know all this. What does it have to do with business development? Way back in March, a lot of law firms pushed business development to the bottom of their priorities. Work had to come first. And, as we can't do business development the way we always have, there was no way to keep it going even if we wanted to. The only problem is, if you don't do any business development, you are not going to generate the new work required to sustain your practice. You are also going to put yourself at high risk of losing the client relationships you have worked so hard to build. This meant we had to quickly come up with new ways to do business development from home. We had to adapt our approach by using the tools that were available to us. We had to replace physical business development with virtual business development. The Virtual Lawyer examines those new virtual ways of approaching marketing and business development, explaining how you can continue to strengthen your existing relationships, boost your visibility in the markets you serve, and generate the new introductions and new opportunities you'll need to grow your practice whilst working remotely. The book uses a three-step model, designed to take us from where we are today to where we need to be in the future, whatever that future ends up looking like. These three steps are React, Refresh, and Return.
More than 700 concise biographies of leading figures in the history of American law, from the colonial era to the present day This book is the first to gather in a single volume concise biographies of the most eminent men and women in the history of American law. Encompassing a wide range of individuals who have devised, replenished, expounded, and explained law, The Yale Biographical Dictionary of American Law presents succinct and lively entries devoted to more than 700 subjects selected for their significant and lasting influence on American law. Casting a wide net, editor Roger K. Newman includes individuals from around the country, from colonial times to the present, encompassing the spectrum of ideologies from left-wing to right, and including a diversity of racial, ethnic, and religious groups. Entries are devoted to the living and dead, the famous and infamous, many who upheld the law and some who broke it. Supreme Court justices, private practice lawyers, presidents, professors, journalists, philosophers, novelists, prosecutors, and others-the individuals in the volume are as diverse as the nation itself. Entries written by close to 600 expert contributors outline basic biographical facts on their subjects, offer well-chosen anecdotes and incidents to reveal accomplishments, and include brief bibliographies. Readers will turn to this dictionary as an authoritative and useful resource, but they will also discover a volume that delights and entertains. Listed in The Yale Biographical Dictionary of American Law: John Ashcroft Robert H. Bork Bill Clinton Ruth Bader Ginsburg Patrick Henry J. Edgar Hoover James Madison Thurgood Marshall Sandra Day O'Connor Janet Reno Franklin D. Roosevelt Julius and Ethel Rosenberg John T. Scopes O. J. Simpson Alexis de Tocqueville Scott Turow And more than 700 others |
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