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Books > Law > Jurisprudence & general issues > Legal skills & practice
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.
The concept of learning to 'think like a lawyer' is one of the cornerstones of legal education in the United States and beyond. In this book, Jeffrey Lipshaw provides a critique of the traditional views of 'thinking like a lawyer' or 'pure lawyering' aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing on his extensive experience at the intersection of real world law and business issues, Professor Lipshaw presents a sophisticated philosophical argument that the "pure lawyering" of traditional legal education is agnostic to either truth or moral value of outcomes. He demonstrates pure lawyering's potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors. This book offers an avenue for getting beyond (or unlearning) merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book will be of great interest to scholars of legal education, legal language and reasoning as well as professors who teach both doctrine and thinking and writing skills in the first year law school curriculum; and for anyone who is interested in seeking a perspective on 'thinking like a lawyer' beyond the litigation arena.
'Advocacy: A Practical Guide' is for those who wish to learn essential advocacy skills as well as those seeking to make their advocacy more effective. The author has taught advocacy in over 20 countries and recognises that the challenges of advocacy throughout the world are much the same. This accessible book is intended to give you essential knowledge, tips, confidence and support. 'Advocacy: A Practical' provides you with techniques with which, by practice and experience, you can refine your skills. The book shows you how to overcome nerves; how to present clearly and ethically; and how to undertake case analysis. It will also show you how to succeed in Interim Applications (Motions); Handling Witnesses in Examination-in-Chief (Direct Examination) and in Cross-Examination; Re-examination; Making Submissions of Law to a Court or Panel; and Trial Speeches. There is also a section on Written Advocacy which teaches you to write persuasively and how to draft submissions and effective skeleton arguments. Finally, the book is full of stories and examples of skilful advocacy. It looks at the great advocates; their methods and approaches to winning cases and what made them stand out from the rest. This book is based on civil advocacy and arbitration, although patent attorneys and criminal practitioners will also find it valuable. International lawyers will also find the book helpful, providing as it does a better understanding of common law practices such as cross-examination.
This unique book offers a practical guide to deconstructing judgments for the purpose of fair criticism and appeal. It shows how judgments are written and examines the style and language of judges expressing judicial opinion. It will assist experienced practitioners, newly appointed recorders and tribunal chairman. The work is founded upon independent research in the form of interviews conducted with judges at every level from deputy district judge to Lords of Appeal in ordinary, and the practical application of existing academic material more usually devoted to the structure and analysis of wider prose writing. It is illustrated by reference to reported judgments, both well-known and obscure, of the past 100 years. Contents include: .The nature of judgment .How to read a judgment .The use of language in judicial opinion .Argument and legal logic .Fair criticism .Writing judgments .How judges decide .The appellate judgment .Problems with law reporting .Judicial style The author is a practising barrister in the UK and a Professor of Mediation for a US university.
"The beauty of the ABCDE model and toolkit is that it is simple but not simplistic, it's user-friendly and works in practice." Joanne Gubbay, Former Head of Learning and Development, Slaughter and May Lead your team of lawyers to new heights with this tried-and-tested toolkit, based on 25 years' practical experience of getting the best out of lawyers. Leading Lawyers distils 25 years of experience at helping people do just that into one easy-to-read practical toolkit. Based on the successful ABCDE methodology, this guide will help you identify your natural leadership style, identify the various needs and personalities in your team of lawyers, and align everything to become a truly impactful and supportive leader. Packed with real-life inspiring examples, ready-made tools and memorable tips, Leading Lawyers will help you reflect on your own communication preferences, and use what you learn to get different stakeholders and different personalities on board. From scoping the project with a client to reviewing progress and success, from on-boarding a new team member to tackling a stubborn problem, there are examples each step of the way and opportunities to plan how to use the approach in practice, so you can become an even more effective team leader. SALLY SANDERSON is a multi-award-winning consultant to law firms. Specialising in leadership, emerging leaders, people and project management, she uses personality profiling to increase self-awareness and speed up development. Her ABCDE approach has been used by thousands of lawyers across the world with outstanding results.
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.
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.
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.
Socio-legal researchers increasingly recognise the need to employ a wide variety of methods in studying law and legal phenomena, and the need to be informed by an understanding of debates about theory and method in mainstream social science. The papers in this volume illustrate how a range of topics, including EU law, ombudsmen, judges, lawyers, Shariah Councils and the quality assurance industry can be researched from a socio-legal perspective. The objective of the collection is to show how different methods can be used in researching law and legal phenomena, how methodological issues and debates in sociology are relevant to the study of law, and the importance of the debate between "structural" and "action" traditions in researching law. It also approaches the methodological problem of how sociology of law can address the content of legal practice from a variety of perspectives and discusses the relationship between pure and applied research. The editors provide a critical introduction to each of the six sections, and a general introduction on law, sociology and method. The collection will provide an invaluable resource for socio-legal researchers, law school researchers and postgraduates.
"The occasional flashes of insight and the unique perspectives of the participants make this book invaluable for students doing research on the judicial process."--"CHOICE" "Fascinating, spirited, and unique. This unusual book offers
fresh illumination about what judges do and why they do it." "The format suggests that one has been invited into a special, high-level conversation where we can glimpse the uncensored converstation of thoughtful and seasoned jurists."--"The Law and Politics Book Review" Law, politics, and society in the modern West have been marked by the increasing power of the judge: the development of constitutional justice, the evolution of international judiciaries, and judicial systems that extend even further into social life. Judges make decisions that not only enforce the law, but also codify the values of our times. In the summer of 2000, an esteemed group of judges and legal scholars met in Provence, France, to consider the role of the judge in modern society. They included Robert Badinter, former president of the Constitutional Council in France; Stephen Breyer, Justice of the Supreme Court of the United States; Antonio Cassese, the first president of the International Criminal Tribunal for the former Yugoslavia; Dieter Grimm, former vice president of the Constitutional Court of Germany; Gil Carlos Rodriguez, president of the Court of Justice of the European Union; and Ronald Dworkin, formerly of Oxford University, now professor of philosophy and law at the New York University Law School. What followed was an animated discussion ranging from the influence of the media on the judiciary to the development ofan international criminal law to the judge's consideration of the judge's own role. Judges in Contemporary Democracy offers a rare and intimate glimpse into the powers and the role of judges in today's society.
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.
While much fundamental research in the recent past has been devoted to the criminal jury in England to 1800, there has been little work on the nineteenth century, and on the civil jury . This important study fills these obvious gaps in the literature. It also provides a re-assessment of standard issues such as jury lenity or equity, while raising questions about orthodoxies concerning the relationship of the jury to the development of laws of evidence. Moreover, re-assessment of the jury in nineteenth-century England rejects the thesis that juries were squeezed out by judges in favour of market principles. The book contributes a rounded picture of the jury as an institution, considering it in comparison to other modes of fact-finding, its development in both civil and criminal cases, and the significance, both practical and ideological, of its transplantation to North America and Scotland, while opening up new areas of investigation and research. Contributors: John W Cairns Richard D Friedman Joshua Getzler Roger D Groot Philip Handler Daffydd Jenkins Michael Lobban Grant McLeod Maureen Mulholland James C Oldham J R Pole David J Seipp
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.
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
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.
The term "gender" was first distinguished from "sex" in the 1950s when psychologists began to discuss the idea of "gender roles," behaviors and responsibilities given to people by a society rather than flowing from their biology. Since then, leaders across disciplines have sought to better understand the roles of biology, psychology, and culture on gender. New language has emerged alongside rich scientific inquiry and research. Increased visibility of transgender and nonbinary communities has brought awareness to a range of gender diverse experiences, while legal battles, wage disparities, and health inequities continue to prove gender's relevancy in today's world. In this book, Laura Erickson-Schroth and Benjamin Davis guide readers through the knowns and unknowns of gender, asking questions such as: What is the difference between sex, gender identity, and gender expression? Were ancient societies matriarchal? How different are male and female brains, really? What role does language play in the ways we think about gender? What do we know about sex and gender in non-human species? What are the current frontiers in gender equality? Gender: What Everyone Needs to Know (R) is an easy-to-read guide that takes readers on a much-needed tour of perspectives on gender and identity in the 21st century.The book is written in a question-and-answer format, and Erickson-Schroth and Davis cover topics such as current definitions; the history of gender as concept; therole of biology, psychology, and culture on gender; and gender norms over time and across the globe.
Behavioural science comes into play in every aspect of running a legal business, from the way strategic decisions are made, to the way good or bad news is delivered, through to how lawyers interrelate and communicate with clients. Law firms are now implementing human science initiatives to gain a competitive edge as they compete against each other for market share. Leading the Future: The Human Science of Law Firm Strategy and Leadership - provides practical how-to advice and guidance on how human sciences are interacting with the different aspects of leading, managing, and marketing in a law firm. It highlights how law firm leaders can harness human sciences to: + Develop new skills and autonomous ways of working for staff + Examine the best ways of going about formulating strategies + Ensure a high level of staff engagement, flexibility, and innovation + Improve decision making in the legal profession + Build the right culture to drive innovation and facilitate change + Create and inspire high performing teams (HPT) + Listen, discover and communicate what clients' real needs are, persuade and influence them, and target them more accurately + Build and sustain trust and cooperation throughout the firm. + Encourage cross-selling, resolve conflicts, and build collaborative relationships with clients + Hire, promote, inspire, and reward to drive staff performance and engagement Case Studies, Practical Tools and Tips... Each chapter in Leading the Future is supported by illustrative case studies from a broad range of international and regional firms, with tools and tips that you can immediately put into practice. The authors Dr Bob Murray and Dr Alicia Fortinberry (www.fortinberrymurray.com ) have deep experience in applying the latest science to business challenges and are uniquely qualified to guide law firm leaders to shape a successful strategy and drive positive change through the right leadership, culture, business development, and customer relationships for your legal business. "This book will make you think. For those active in the legal sector or with an interest in it, this looks at a number of familiar issues through a different lens. It looks at the various behavioural and physiological elements relevant to people and law firms and how these intersect with getting things done and making change happen in law firms. I found that lightbulbs went off as I reviewed the unfolding chapters - around particular issues that we (and no doubt many others) wrestle with in our businesses. Volatile and changing times call for different ways of thinking to solve and make progress against both the perennial issues and new emerging issues for legal businesses. Some of the lessons in this book can help, especially in terms of interacting with the people that make up our businesses. The authors draw upon both their technical knowledge and their practical experiences to provide helpful insights into things like implementing strategy to make them work; leading clever committed people; implementing change; and unlocking the conundrum of collaboration." Mark Rigotti, Global CEO and Partner, Herbert Smith Freehills
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