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Books > Law > Jurisprudence & general issues > Legal skills & practice
The Law Student's Dictionary is an invaluable reference work for
all law students. The terms have been chosen with the specific
needs of the undergraduate student in mind, providing a full
insight into legal terminology and ensuring students are familiar
with terms they will encounter during their studies.
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.
This book addresses the relationship between restorative justice and children's rights, an issue of increasing relevance to restorative justice theory and practice that has thus far received relatively little attention. Readers will find useful reviews of international human rights documents and of legislation, policy and practices in countries in Europe, Africa, Asia, South America, North America, and Oceania. Each of the chapters demonstrates the compatibility between children's rights and restorative justice. Adopting a rights-based approach is an important means for countries that are interested in further developing restorative justice practices, as it helps restorative processes that are new to the juvenile justice system to gain credibility as well as safeguard young participants' rights in these processes. In countries where restorative justice has been developed, a rights approach can stimulate innovation and applications beyond the child justice system. The book focuses on both needs and rights of children and young people who caused harm or suffered harm. Some chapters also adopt a critical point of view to explore the tensions between rights and restorative justice in relation to colonisation, welfare models, and professional privilege. Studies in Restorative Justice Restorative justice offers a unique approach to crime and victimisation and a change of course from the traditional preoccupation with retribution and transgression of rules in the criminal justice system. This book series aspires to highlight the many accomplishments achieved through the use of restorative justice practices in response to crime and social conflict. It is a collection of groundbreaking theoretical essays on the principles, uses and versatility of restorative justice as well as state-of-the-art empirical research into the implementation of restorative justice practices, experiences in these programmes and evaluation of its impact on victim recovery, reoffending and community capacity building. Contributors include established scholars and promising new scholars.
Children's rights and human development is a new and uncharted domain in human rights and psychology research. This multidisciplinary children's rights reader is a first attempt to introduce this domain to students and researchers of children's rights, child development, child maltreatment, family and child studies, and related fields. For many lawyers, children's rights are limited to their legal dimension: the norms and institutions of international human rights law, often with an exclusive focus on the Convention on the Rights of the Child and its monitoring treaty body, the Committee on the Rights of the Child. However, there are three more dimensions to children's rights. Children's rights share a moral and a political dimension with all human rights, which most non-international lawyers all too often overlook. And children's rights have a fourth dimension: the time dimension of child and human development. This time dimension is multidisciplinary in itself. Human development begins nine months before childbirth. When we are four years of age, our brain is 90% adult size. The infrastructure of our personality, health, and resilience is formed in our first years of life, determined by the quality and sheer quantity of parent-child interaction and secure attachment formation. Yet, more than one third of children are not securely attached. According to research published in The Lancet in 2009, one in ten children in high income countries is maltreated. Violence against children is a worldwide plague. Socio-economic and socio-emotional deprivation are still transmitted from generation to generation in both rich and poor states. Investing in early childhood development, positive parenting, and child rights education makes sense. This book brings together substantial and fascinating texts from many fields and disciplines that illustrate and elaborate this point. Arranged in ten chapters titled according to pertinent child rights principles and concepts, these texts offer a state-of-the-art view of the enormous progress made in the past decades in several fields of human knowledge. In between these texts, several news and factual items inform the reader on the huge gap that still exists between what we know and what we do to make this world a better place for children, to promote human development, and to protect human rights better. Child rights violations are still met with more rhetoric than leadership. But change is on its way. The book's contents may be used both as background readings and as tasks for group discussion in problem-based learning or other educational settings in child rights law and psychology courses. It is also aimed at a broader academic and public audience interested in the many aspects and ramifications of children's rights and human development.
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.
Effective Communication for Lawyers is an essential guide to communicating in the radically and rapidly changing environment of professional law today. The book offers a deep dive into understanding communication as behaviour, as well as practical tools and insights. It connects theory to practice in order to improve client communication, support the current transformation of legal work and prepare readers for future developments and disruptions in the legal profession. Key Features: Introduces 'The Dialogue Box' and explains how to use this foundational communication tool in everyday legal work Provides a solid grounding in the theoretical context and expands the horizons of the relationship between law and communication Offers the reader a clear understanding of why they are communicating and enables effective use of various channels, tools and skills of communication This book will be crucial reading for all practising lawyers, as well as arbitrators, mediators and negotiators. It will also be helpful for law students looking to develop their communication skills ahead of going into practice.
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.
The SRA's latest report on financial stability (February 2014) said its engagement with firms found poor financial management that ranged from "naive to reckless". They have also seen poor practice in the management of client accounts. This toolkit will help firms to address those common financial issues facing many firms. This toolkit will cover the following: What the requirement to maintain financial stability will mean in practice for firms. What are the danger signals and how can action be taken to remedy them? The steps that need to be taken to take control of cash management in order to achieve financial stability. Part of our popular toolkit series, it will contain a mixture of draft policies, procedural checklists and other instruments to assist practitioners in demonstrating sound financial management. The aim is to produce a working resource which practitioners can use to monitor the financial health of the firm. It will form part of a series of toolkits branded with the livery of the Risk and Compliance Service.
Expertly combining negotiation theory and practice, Negotiation and Dispute Resolution for Lawyers demonstrates how lawyers can deliver enhanced levels of service to their clients. Comprehensive and engaging, the book is a lawyer's guide to resolving conflict, negotiating deals, preserving important client relationships, and ultimately becoming truly effective problem solvers. Key features: Accessible explanation of key concepts relating to negotiation, as well as less familiar ideas such as planned early dispute resolution and guided mediation Introduction to the strategies, tactics and core skills required for effective negotiation and conflict resolution, including how to overcome cultural and technological barriers Learning and unlearning processes facilitated by relevant examples, figures, and practical tools such as checklists With its broad scope and emphasis on practical application, this richly detailed book is an essential resource for lawyers in private practice and in-house corporate counsel. Lawyers in training will benefit from its nuanced approach to negotiation within a legal context, helping to broaden their repertoire of advisory, advocacy, counselling, and process design skills.
?'Rethinking?' legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning? At a more specific level the pursuit of this understanding is conducted through posing a number of questions that are founded on different approaches. What has legal reasoning been? What are the institutional and conceptual legacies of this history? What is the literature and textual heritage? How does it compare with medical reasoning and with reasoning in the humanities? Can it be demystified? In exploring these questions Samuel suggests a number of frameworks that offer some new insights into the nature of legal reasoning. The author also puts forward two key ideas. First, that the legal notion of an '?interest?' might perhaps be a very suitable artefact for rethinking legal reasoning; and, secondly, that fiction theory might be the most viable ?'epistemological attitude?' for understanding, if not rethinking, reasoning in law. This book will be of great interest to academics who are researching legal method and legal reasoning, as well as epistemology of the social sciences and aspects of comparative law. It will also be an insightful text for those interested in legal history and historical perspectives on legal reasoning.
Every year firms close for a variety of reasons, including sale or merger, but what happens if you haven't prepared to exit the market? The Solicitors Regulation Authority (SRA) has stressed the need for firms to have an exit strategy in place to prepare for this eventuality, meet regulatory requirements and good practice standards, and avoid potential fines. The Exit Strategies Toolkit contains a mixture of commentary, procedural checklists, such as a notification checklist, draft policies and precedents, including sample letters to PI insurers and the SRA, to help you to prepare for this eventuality.
Legal academics in Europe publish a wide variety of materials including books, articles and essays, in an assortment of languages, and for a diverse readership. As a consequence, this variety can pose a problem for the evaluation of academic legal research. This thought-provoking book offers an overview of the legal and policy norms, methods and criteria applied in the evaluation of academic legal research, from a comparative perspective. The expert contributions explore developments relating to professional vs academic publications, editorial review vs peer review, rankings of journals and law schools vs other reputation mechanisms and a range of other evaluation practices and their intended and unintended effects. Analysing research evaluation practices across more than ten jurisdictions and multiple contexts, this insightful book reveals how evaluation practices differ across Europe. Through this analysis, the book exposes a range of possibilities for further debate and study. Engaging and topical, Evaluating Academic Legal Research in Europe will be valuable reading for legal academics, university and faculty managers, higher-education policy-makers and administrators as well as editors of law journals, legal publishers and research foundation and funding bodies. Contributors include: A. Bakardjieva Engelbrekt, K. Byland, D. Costa, J. Hojnik, P. Letto-Vanamo, A. Lienhard, D. Mac Sithigh, E. Maier, G. Peruginelli, N. Petersen, K. Purnhagen, A. Ruda Gonzalez, M. Schmied, M. Snel, R. van Gestel
On 6 April 2014 long-awaited reforms, came into force, unifying and radically reforming the law governing enforcement agents, and creating a new statutory procedure of commercial rent arrears recovery. In the second edition of this popular book, highly respected practitioners in property law and enforcement set out the most up-to-date and comprehensive review of the new law. Coverage includes: the new standards and certification for enforcement agents a complete review of the Taking Control of Goods Regulations 2013 the abolition of distress for rent the introduction of Commercial Rent Arrears Recovery (CRAR) the criminalisation of squatting. The authors combine their authoritative review and analysis of the law with insights into the practical impact of the rules and regulations, uniquely illustrated by numerous examples and practice points. The book also includes extracts from the relevant law and regulations, and so gathers in one convenient volume all the relevant law and guidance on enforcement and debt recovery for property lawyers, enforcement agents, commercial landlords, surveyors and insolvency practitioners.
Expertly combining negotiation theory and practice, Negotiation and Dispute Resolution for Lawyers demonstrates how lawyers can deliver enhanced levels of service to their clients. Comprehensive and engaging, the book is a lawyer's guide to resolving conflict, negotiating deals, preserving important client relationships, and ultimately becoming truly effective problem solvers. Key features: Accessible explanation of key concepts relating to negotiation, as well as less familiar ideas such as planned early dispute resolution and guided mediation Introduction to the strategies, tactics and core skills required for effective negotiation and conflict resolution, including how to overcome cultural and technological barriers Learning and unlearning processes facilitated by relevant examples, figures, and practical tools such as checklists With its broad scope and emphasis on practical application, this richly detailed book is an essential resource for lawyers in private practice and in-house corporate counsel. Lawyers in training will benefit from its nuanced approach to negotiation within a legal context, helping to broaden their repertoire of advisory, advocacy, counselling, and process design skills.
Epistemic Forces in International Law presents a comprehensive examination of the methodological choices made by international lawyers and provides a discerning insight into the ways in which lawyers shape their arguments to secure validation within the international legal community.International law is defined in this book as an argumentative practice, articulated around a set of foundational doctrines and deployed through rhetorical techniques. Taking an original approach, Jean d'Aspremont focuses on five key foundational doctrines of international legal theory and five key techniques deployed in international legal argumentation. He argues that mastering these foundational principles and argumentative procedures shapes the discourse of international lawyers as much as these discourses shape these foundational doctrines and techniques of legal argumentation. This book is a pertinent contribution to the methodology and theory of international law, illustrating the rationale of the choices made by lawyers in the doctrines of statehood, sources, law-making, international organisations and effectivity. This accessible reflection on the conceptual, theoretical and methodological perspectives of international law will be a salient point of reference for legal academics, researchers and practitioners alike.
Harvard Law-graduate authors Yussuf Aleem and Jake Slowik built a multi-million dollar law practice before they were 30 years old using a novel strategy of business niche specialization. They have now written the story behind their success so that other attorneys can learn from their methods and grow their own successful practices. Drawing on the authors'? own experiences and lessons with illustrative examples and real-life applications, the book teaches how they used a novel strategy of business niche specialization to quickly grow their law practice amidst a rapidly changing global economy. The book illustrates why business niche specialization worked for the authors, the characteristics of a business niche that make it right for a law practice, and how the authors adopted specific business tactics that aligned with their strategy and maximized their chances for success. Its innovative, tried and true methods have been broken down into applicable steps so that a strategy can be developed and executed in a way that works for the reader and their specific skill set. From new lawyers who are looking to jumpstart their legal career to established attorneys who need to revitalize their practice and boost their marketability, this book presents an opportunity to anyone who is struggling to succeed in the legal marketplace.
Practical Drafting Skills focuses on skills transfer to draft papers without relying on a precedent. Practical Drafting Skills is the ideal guide for law students, pupil advocates, candidate attorneys as well as those professionals seeking to enhance their drafting skills, turn instructions into a cause of action or defence, and draft effective pleadings that are clearly understood and effectively serve their clients. The book is illustrated by case studies and includes chapters on logical thinking and plain language writing. The light and entertaining style, combined with detailed practical steps and explanations, enables the reader to easily acquire a thorough understanding of drafting. This book is a must-have for all legal practitioners.
The fourth edition of this bestselling guide to money laundering compliance has been updated to take account of significant developments in legislation and best practice including: - the replacement of the Money Laundering Regulations 2007 with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 - the replacement of the Law Society's practice note with the Legal Sector Affinity Group's guidance - the introduction of the Criminal Finances Act 2017 - the National Crime Agency succeeding the Serious Organised Crime Agency. User-friendly and practical, the book provides an overview of the substantive law and guidance on reporting suspicions, managing money laundering procedures and spotting money laundering activities in a solicitor's practice, as well as the full text of the Anti-Money Laundering Guidance for the Legal Sector, making it an essential resource for ensuring compliance.
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