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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.
The dictionary includes substantial entries on core student topics
which outline the conceptual importance of key areas, to give
students an idea of how these terms have been shaped by, and in
turn shape, how lawyers think. Some older terms are also included -
-although they are not used to frame the current law, students will
come across these words of historical significance in the course of
their studies.
The text features cross-referencing of terms and definitions,
giving students the opportunity to expand and contextualize their
knowledge, and the material is presented in a new two-color page
design, which allows for quick and easy navigation.
Over 4,000 lawyers lost their positions at major American law firms
in 2008 and 2009. In The Vanishing American Lawyer, Professor
Thomas Morgan discusses the legal profession and the need for both
law students and lawyers to adapt to the needs and expectations of
clients in the future. The world needs people who understand
institutions that create laws and how to access those institutions'
works, but lawyers are no longer part of a profession that is
uniquely qualified to advise on a broad range of distinctly legal
questions. Clients will need advisors who are more specialized than
many lawyers are today and who have more expertise in non-legal
issues. Many of today's lawyers do not have a special ability to
provide such services.
While American lawyers have been hesitant to change the ways they
can improve upon meeting client needs, lawyers in other countries,
notably Great Britain and Australia, have been better at adapting.
Law schools must also recognize the world their students will face
and prepare them to operate successfully within it. Professor
Morgan warns that lawyers must adapt to new client needs and
expectations. The term "professional" should be applied to
individuals who deserve praise for skilled and selfless efforts,
but this term may lead to occupational suicide if it becomes a
justification for not seeing and adapting to the world ahead.
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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