This text deals with the basic concepts of the law and explains the operation of the law and the administration of justice. It features practical exercises at the end of each chapter to help the student develop the ability to analyse information and apply knowledge. Another feature is the appendixes in which step-by-step explanations are given of how to research and apply primary sources of the law such as statutes and decisions in court.

Drawing on representative corpora of transcripts from over 100 English criminal jury trials, this stimulating new book explores the nature of 'legal-lay discourse', or the language used by legal professionals before lay juries. Careful analyses of genres such as witness examination and the judge's summing-up reveal a strategic tension between a desire to persuade the jury and the need to conform to legal constraints. The book also suggests ways of managing this tension linguistically to help, not hinder, the jury.

Mit BeitrAgen zum RAmischen Recht in Antike und Mittelalter, zum geltenden Zivil- und Steuerrecht sowie zu den Grundlagen der Rechtsidee ehren Horst Heinrich Jakobs, Eduard Picker, Jan Wilhelm, Wolfgang Ernst, Rainer HA1/4ttemann und Wolfgang SchAn den Lehrer Werner Flume aus AnlaA seines 90. Geburtstages. Zum Inhalt: Horst Heinrich Jakobs, Studien zur Geschichte des Textes der glossa ordinaria; Eduard Picker, MenschenwA1/4rde und Menschenleben - Zum Auseinanderdriften zweier fundamentaler Werte als Ausdruck moderner Tendenzen zur Relativierung des Menschen; Jan Wilhelm, Irrtum A1/4ber rechtliche Eigenschaften und Kauf - 50 Jahre "Eigenschaftsirrtum und Kauf" von Werner Flume; Wolfgang Ernst, Die Vorgeschichte der exceptio non adimpleti contractus; Rainer HA1/4ttemann, Der Grundsatz der VermAgenserhaltung im Stiftungsrecht; Wolfgang SchAn, Die verdeckte GewinnausschA1/4ttung - eine Bestandsaufnahme.

Working in Language and Law is a detailed account of the forensic linguistic work done by the author in the last 35 years. It provides exemplary insights into an ever-expanding field of expert testimony, focusing on the situation in Germany since the seventies and covering all major areas of the field.

"Client listening is the single most important marketing activity." - Paul Amit, Head of Sector and Client Marketing, DLA Piper. Forward-thinking firms know that listening effectively to their clients is crucial for improving client service, value, retention, and, ultimately, profitability. It can also help future-proof your firm by embedding client relationships, and anticipating client needs. Client Listening: Why It Pays and How to Do it, will show you how to design and implement effective client listening programmes and act on the intelligence gleaned to secure these critical benefits for your firm. It highlights the important factors that must be considered before launching a client listening programme, and offers practical advice to ensure its success. Topics include how to: * Identify the role of client listening within your firm's broader CRM and BD initiatives; * Overcome typical objections from individual lawyers to engaging in client listening; * Determine the type of client listening activities which best fit your firm's culture, budget, timetable, and purposes; * Design and conduct effective client questionnaires and interviews (how-to guide included); and * Ensure client feedback is reported, shared, absorbed, and converted into action appropriately. Real-life case studies from DLA Piper, Ashurst, CMS Cameron McKenna, K&L Gates, and KPMG reveal how firms are currently using client listening as a means to deepen client relationships and develop more responsive, value-added services. Useful appendices are also included to assist you with the design, launch, and fine-tuning of your own client listening programmes. These include: * A client listening planner; * A sample client invitation; and * A sample discussion guide for a client service review.

The success or failure of your firm is determined by how your clients and employees view your brand - simple. An effective brand strategy that is clearly understood and supported throughout your firm is crucial if you want to attract and retain profitable clients and sustain a talented workforce. Brand Strategy and Management for Law Firms report provides a comprehensive framework and guidelines for developing a brand strategy tailored to your firm. Packed with key concepts, practical tools, tips and advice this report will give you an understanding of brand and how it can be developed and strengthened as your firm's most invaluable asset. Specifically, this report will help you to: * Understand the key elements of personal brands, firm brand, and the employment brand - and how they relate to each other; * Align your brand strategy with your overall firm strategy, vision and values; * Realise the importance of brand names, icons or logos, design and aesthetics; * Understand the key brand considerations when using online channels - websites, blogs, LinkedIn, Twitter and Facebook; * Create a customised brand stress-test and make improvements to strengthen your firm's brand accordingly and ensure its success; * Get partners and staff on board to support and grow your brand; and * Avoid brand mistakes and overcome the common challenges - including recommended steps for managing your brand before, during and following a merger. Brand Strategy and Management for Law Firms features insightful case studies, examples and expert contributions from the likes of Norton Rose South Africa, DLA Phillips Fox, Lex Mundi, Lex Africa and more - They reveal practical tips, lessons learned and mistakes made that will prove invaluable in the development and management of your own brand strategy.

This volume provides an authoritative, evenhanded overview of the Trump administration's family separation and child detention policies at the U.S.-Mexico border-and the impact of those policies and actions on children, their parents, border security, and U.S. politics. The 21st Century Turning Points series is a one-stop resource for understanding the people and events changing America today. Each volume provides readers with a clear, authoritative, and unbiased understanding of a single issue or event that is driving national debate about our nation's leaders, institutions, values, and priorities. This particular volume is devoted to the issue of child migrant detention on the U.S.-Mexico border. It provides background information on the political, social, and economic forces driving undocumented immigration into America; explains the policies and records of both the Obama and Trump administrations on immigration, deportation, and border security; summarizes current laws and regulations governing U.S. border and immigration policies; recounts President Trump's rhetoric and record on both legal and "illegal" immigration, including his promise to build a "Border Wall" with funds from Mexico; surveys living conditions in the border detention centers operated by U.S. authorities; and discusses the impact of detention and family separation on children taken into custody. Entries devoted to specific events and milestones Biographical profiles of important activists and figures Essays that explore the lasting impact of child detention on migrant children, their families, immigration trends, and American politics and society Annotated bibliography of sources for further study

With legal fees coming under increasing scrutiny, all law firms, whether they charge by the hour or operate alternative fee arrangements (AFAs) will need to negotiate fees; be it a discount to an hourly rate or a year-long fixed retainer. Budgeting and negotiating skills will be needed by all fee earners with responsibility for agreeing any fees or discounts. The more a firm uses AFAs, the more important budgeting and negotiating becomes. Budgeting and Negotiating Fees with Clients: A Lawyer's Guide is a must-have handbook for individual lawyers, firm leaders and directors of support services who are looking to tackle these challenges head on at both an operational and a strategic level. It provides: * Clear analysis of the increasing importance of budgeting and negotiating fees for all firms whether they have adopted AFAs or rely on hourly rates; * A step-by-step guide for improving individual behaviour and firm-wide processes; and * Practical tools for generating consistently profitable fee structures. Supported by case studies from law firms and law firm clients, along with input from other management consultants, this report covers topics including: * Fee models adopted by law firms; * How AFAs are intensifying the need for budgeting and negotiating skills; * Alternative fees - risks and how to avoid them; * Understanding law firm financial data - a prerequisite for successful budgeting and negotiation; * Creating a realistic matter budget; * An introduction to legal project management; * Overcoming obstacles to negotiating fees effectively; * Managing the negotiation process effectively; * Obtaining the desired fees and structures; * Tips, tactics and tricks for negotiating; * Developing a strategy for better budgeting and negotiating; * Implementing change and embedding best practice; * Business tools for budgeting, negotiating and client communication; * How to operate value billing; and * Best practice law firm negotiation from a client's perspective. This invaluable resource also includes supporting checklists and templates to allow readers to start putting the lessons learnt throughout the report into practice immediately.

This critical report provides the most up-to-date and detailed guide to the practical, regulatory and ethical considerations that must be reflected in your partnership agreement. Extensively revised, the second edition features new case studies and real-life examples, including a sample agreement precedent and comprehensive updates to reflect how new legal and regulatory developments will affect your deed. Key subjects covered include: *The impact of the Legal Services Act on partnership agreements; *Discrimination in partnerships, in particular, age discrimination; *Outcomes-focused regulation; *New business structures; *Distressed partnerships; *Current trends in mergers; *Profit-sharing arrangements and management structures: *The equality system *Profit share by capital contribution *Seniority (lockstep) *Merit or performance systems *Hybrid profit sharing systems *Retirement annuities *Performance measurement, supervision and disciplinary measures; *De-equitisation: provisions for expulsion from the partnership; *Expulsion, retirement and dissolution; *Good faith, arbitration and mediation; *Drafting for the future, avoiding early revisions and much more - Ensure you understand the necessary considerations of an agreement that not only fulfils legislative requirement, but ensures the attraction, retention and motivation of the best talent for your firm.

Court reporters--those who record courtroom legal proceedings and then transcribe them into writing--are a growing subspecialty in the field of legal administration. With the increasing volume of litigation in U.S. courts, the duties of all reporters have become more complex and their ranks increasingly professionalized. This book serves as an introduction to the business of legal reporting and a guide to those involved in managing reporters--both those who work for court jurisdictions and those who work on a free-lance or contract business for independent firms specializing in legal reporting services.

With rising competition putting pressure on law firms to raise their performance levels, Alan Hodgart's much anticipated report on Performance Measurement for Law Firms could not have come at a better time. Hodgart, an acknowledged industry expert, provides practical step-by-step guidance on how to effectively measure the performance of your fee earners, core support functions and overall firm. Hodgart highlights the key challenges many law firms face when measuring performance and provides critical advice on how to tackle them successfully through the development of an effective performance measurement system. Key topics covered include: * Measuring performance in law firms - what it means and what to measure; * The key financial measures of profitability and how to calculate them - cost, profit, revenue; * The data and financial information required at firm and practice-group level; * The effective use, and abuses of financial data; * Aligning the economic structure of your type of work to maximise profitability; * Implementing an effective performance measurement system; * How to measure the performance of your fee earners and support staff - finance, IT, Marketing, HR, KM and other; * Client profitability, project management and much more - The report focuses particularly on profitability and demonstrates how it can be used to monitor and compare the outcomes of working with different clients to project future revenue and profit levels. It also includes a useful appendix - an 'Economic Template' which demonstrates how to assemble the relevant data to manage the financial performance of your firm. Performance Measurement for Law Firms is essential reading for any firm looking to measure and enhance all areas of their performance.

In a highly competitive fee-focused environment, project management can be your law firm's lifeline. Project Management for Lawyers report provides a structured approach to planning, pricing and managing legal work that will boost profitability and deliver superior value to your clients. It aims to: *Demonstrate the value of applying project management to a legal practice; *Explain basic project management principles and how to apply them within your law firm; *Provide a simple legal project management framework; *Describe key tools and techniques to support the framework; *Discuss legal project management as a pricing and business development strategy; *Show how lawyers can manage matter profitability and demonstrate value to clients; *Guide lawyers in overcoming the challenges in managing a matter profitably (time, scope and cost); and, *Share practical advice on how to develop and implement a legal project management programme within your firm. Real-life in-depth case studies provide valuable insight into the successful legal project management programmes of Dechert LLP, Eversheds LLP, Seyfarth Shaw LLP and McCarthy Tetrault. A case study from the Royal Bank of Canada is also included to provide the a client's perspective on the value of legal project management. Project Management for Lawyers also comes with a complimentary CDRom packed with useful forms, templates, checklists and frameworks that can be used immediately in planning and executing your own project management programme. These include: *A generic work plan; *A sample staffing profile; *A sample agenda for a project kick-off meeting; *A sample roles and responsibilities sheet; *A client satisfaction review questionnaire; *A project risk log; *A sample change request form; *A sample monitoring worksheet; *An example of an agenda for a lessons learned session; *An example of how to calculate leverage on matter profitability; *A completed monitoring worksheet; and *A work plan for an asset purchase.

So you AZre in A C or striving to be in A C The Lawyer AZs top 200. But are you being measured on what your clients actually find attractive? With increased demand for efficiency, value added services and effective governance, a ranking based simply on revenue is not sufficiently compelling. Having an effective governance model and the right measures of success in place are now vital to secure sustainable profitability for your firm. AZs report on Law Firm Governance and Measurements of Success provides a vital examination of: New governance models for law firms of different sizes and complexities; Law firm growth stages and the structural changes necessary to succeed; Overcoming the cultural barriers/issues involved with changing your governance and/or measurement systems; Current measurements of success A C internal and external; New medium and long-term success metrics to better support long-term thinking, and payment and reward structures; Attracting clients and external investors through effective reporting of your firm AZs success; and more Peter Blair, former first chief operating officer of Field Fisher Waterhouse provides cutting-edge analysis on The Lawyer AZs top 200 firms by examining what creates their success. Peter evaluates whether the measures used are effective and demonstrates how by using alternative metrics you can boost your rankings. Featuring real-life case studies this invaluable report provides a vital insight into current law firm governance models, examines where they are going wrong and how they can be improved to secure sustainable growth.

If you were to liken your firm to a restaurant, would it be a Rules? A Nobu? A Fat Duck? A Pizza Express? Or a McDonald AZs? All of the above have a successful business strategy based on the needs of their target market. Could you say the same for your firm? In an increasingly competitive and changing legal market, knowing where and how to compete through the implementation of a clear strategy is crucial to ensure a profitable future for your firm. AZs report A C The Strategic Law Firm A C will help you analyse your firm AZs core strengths and capitalise on them by developing a coherent business strategy for success. Specifically this report will help you: Identify your strengths and priorities; Understand and implement the key elements of a successful strategy - value proposition, client segments, client relationships, provision of services, revenue, key resources, key activities, cost structure, partners; Visualise, understand, review and tailor your business model; Build the right focus for your firm (industry, client or transaction based); Align your teams and leaders to target the right clients and industries; Understand disruptive models; and more The report further sets out the practical details of how a strategy planning day should be organised - before, on, and after the day, including: A series of nine potential exercises ranging across values alignment through to market segmentation and scenario analysis; Specific worked examples of ways to calculate team financial and contribution measures; Capturing the outcomes into one page plans, which can be utilised at firm, team and individual level to drive your ongoing agendas; and Useful examples, checklists and templates for immediate implementation. This uniquely practical report will help you devise an effective strategic vision for your firm, and provides the tools to ensure that vision is achieved.

Want to know how to - Successfully market, brand and sell yourself in this digital era? Generate GBP500,000+ of new client work enquiries in a year? Have more choice, change and control in the direction of your career, business or life? And be entertained whilst being informed? If your answer is YES then the naked lawyer is essential reading for you - Packed with examples, case studies and 'to do's' focusing on 10 key elements (with hundreds of proven successful steps, tips, hints and secrets) this inspirational book will show you how to get more clients, sales, referrals, income, value, growth and success. Within the report, author, lawyer and entrepreneur, Chrissie Lightfoot reveals the ROAR (Reach Out And Relate) model, a successful blueprint detailing how, as a trainee solicitor and newly qualified lawyer (during the 2009 recession), she achieved GBP562,000 of new client legal sales generation enquiries and referrals. From start to finish the naked lawyer will provide you with a complete strategy and skills toolkit for brand, career and business development - covering key areas including: Devising an effective personal brand; Using social media to build brand, win business and enhance relationships with clients; Innovation; Getting referrals and winning business; Creating a strategy and mindset for success; Communication; Client relationship management; and much more...

With the introduction of Alternative Business Structures fast approaching and more and more partnerships converting to LLP status to meet the new requirements and remain competitive - now may be the time to start considering the benefits of conversion for your own firm. The conversion process can be a challenging one with wide-reaching implications. But a successful LLP conversion can provide the ideal opportunity to review your core business operations, allowing you to plan positive change and growth in an increasingly competitive and changing market. Managing Partner's new report on LLP Conversion for Law Firms provides a highly practical, step-by-step guide specifically taking into account the unique considerations that are raised by today's economy and evolving legal marketplace. It highlights the key questions that need to be asked during the preparation and transition stages, as well as how to deal with the complications that may arise after conversion has taken place. Key topics covered include: + Converting from a partnership to an LLP - key considerations and trends; + Advantages and disadvantages of converting from a partnership to an LLP; + Preparatory work and practical issues involved; + The default provisions and their drawbacks; + Tailoring the LLP agreement to reflect the needs of your firm; + Transferring the existing partnership business into the LLP - key issues and contractual obligations; + The general tax treatment of limited liability partnerships - possible complications that may arise after the conversion and how they might be handled; + Management and technical resources involved in the conversion - Is outsourcing an option? + The implications of the Legal Services Act 2007 and the introduction of Alternative Business Structures. LLP Conversion for Law Firms includes valuable behind-the-scenes access to existing LLPs and the common pitfalls and successes they encountered through the conversion process. In addition, you will also find a precedent for an LLP agreement within the Appendix. Whats more ...this publication comes complete with a complimentary CDRom containing all the required forms for an LLP agreement in an easy to access format. About the author Nicholas Wright is chief executive of Wright Son & Pepper. He has specialised in LLPs and professional regulation for over 15 years and has been a member of the Solicitors' Assistance Scheme for most of that time. He has acted for a number of substantial firms in dealing with regulatory issues, as well as dealing with drafting, restructuring issues and disputes.

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.

In an era in which law firm performance is increasingly public - and a determining factor for where the best lawyers decide to practise - it seems clear that firm management would want to adopt tools that are proven to improve performance. An increasing number of firms are now adopting this long established tool and there is growing evidence that firms which employ balanced scorecards to drive strategy implementation have significantly improved shareholder returns. Balanced Scorecards for Law Firms report provides a vital introduction for firms wanting to know more about how the balanced scorecard can improve their own firm's performance. The report and the tools explained within it reach well beyond revenue per lawyer and profit per equity partner to identify meaningful measures and actions related to the development of quality people, highly satisfied clientele, and superior business practices and processes. Specifically, the report will give you a clear understanding of: The balanced scorecard concept and tool, its practical application and the results you can achieve from its adoption; How to apply the concept in a law firm environment - the central opportunities and challenges the tool presents for law firm management; and Each of the major elements of a balanced scorecard - with an emphasis on their meaning in a law firm environment: Financial measures; Client measures; Learning and growth; and Business processes. Balanced Scorecards for Law Firms provides you with pragmatic advice, real world case studies and invaluable expertise to help you begin utilising a tool that can dramatically improve focus, accountability and execution of strategy. Begin outperforming your competitors in an increasingly difficult and aggressive market place.

Risk management within law firms is a rapidly developing area. In the last year economic changes alone (the term 'credit crunch' was as yet unheard of when the second edition was written) have served to highlight the need for your risk management strategy to be under constant review. The credit crunch raises the game for all firms substantially, bringing to the fore issues involving: People; Clients; Regulatory risk; and Insurance. This report, substantially increased in size to deal with the emerging issues, aims to give you a clear understanding of how they will affect your law firm and how you need to respond, in order to manage them effectively. The third edition covers: Solicitors Regulation Authority (SRA) monitoring and enforcement of the Solicitor's Code of Conduct 2007; The Legal Services Act 2007 and the risks it presents; and A review of compliance with the Money Laundering Regulations 2007 - a year after their implementation on 15 December 2007. The report guides you through the distinct requirements of a risk management system including: Responsibility at senior management level; A framework for managing risk across all parts of the business; Integration of risk management processes into firm culture; Accountability in each practice area and support function; A risk evaluation process; External assessment; and Business continuity planning. Subjects covered include: Credit crunch risks; People and culture issues; Client engagement; Finance; Protecting partner assets; Compliance; File auditing; Managing your insurance; Office systems; Location and premises issues; Professional indemnity insurance; And more - Risk Management for Law Firms, 3rd Edition provides an in-depth analysis of key risk areas within the firm and aims to help firms meet new and emerging challenges with clear, practical examples.

This vital report is the only textbook of its kind for practitioners in this complex area of law. Since 2002 this essential resource has continued to fulfil its promise of: Enabling compensated persons to understand and obtain the best deal from the means-tested benefits system through the use of personal injury trusts; Enabling solicitors to unravel the mystique surrounding the foundation and administration of personal injury trusts and to equip them to fulfil their role better for it; Enabling solicitors to develop compensation protection services to help protect their firms from negligence claims and to improve the bottom line; and enabling solicitors to do these things in as efficient and as practical a way as possible with the greatest amount of professional peace of mind. The fourth edition has been fully updated to include: The significant changes by the mental capacity act 2005 which came into force fully on 1st October 2007; A revised and expanded property section with specific focus on purchasing property where there is a P I Trust in place or where the Court of Protection are involved; 2008 changes to the care rules and Employment and Support Allowance, which has replaced Incapacity Benefit for new claimants; Plus, new and up-to-date precedents. It is vital that every lawyer doing personal injury compensation work should have a copy of this book on their shelves to enable them to give truly comprehensive advice as to the final process in achieving compensation.

From a master teacher and writer, a fully revised and updated edition of the results-oriented approach to legal writing that is clear, that persuades--and that WINS.
More than almost any profession, the law has a deserved reputation for opaque, jargon-clogged writing. Yet forceful writing is one of the most potent weapons of legal advocacy. In this new edition of "Writing to Win," Steven D. Stark, a former lecturer on law at Harvard Law School, who has inspired thousands of aspiring and practicing lawyers, applies the universal principles of powerful, vigorous prose to the job of making a legal case--and winning it.
"Writing to Win" focuses on the writing of lawyers, not judges, and includes dozens of examples of effective (and ineffective) real-life legal writing--as well as compelling models drawn from advertising, journalism, and fiction. It deals with the challenges lawyers face in writing, from organization to strengthening and editing prose; offers incisive ways of improving arguments; addresses litigation and technical writing in all its forms; and covers the writing attorneys must perform in their daily practice, from email memos to briefs and contracts. Each chapter opens with a succinct set of rules for easy reference.
With new sections on client communication and drafting affidavits, as well as updated material throughout, "Writing to Win" is the most practical and efficacious legal-writing manual available.

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.