Este libro contiene una completa vision de la abogacia en estos momentos de cambio, dando respuesta a los interrogantes mas esenciales y elementales, a los mas complejos y mas curiosos: Que es un abogado? Cual es su futuro? Como se ejerce actualmente la profesion? Por que los abogados tienen tan mala fama? Para que sirve la toga? Por que el secreto profesional? Quienes son los abogados 2.0 o los abogados TIC? Y los abogados de empresa? Como es y debe ser la relacion con clientes, jueces y colegas? Como afrontar una vista oral? Como confeccionar un buen interrogatorio? Como abordar el informe oral ante los tribunales? Que es una demanda, una denuncia o una querella, y en que se diferencian? Y un procurador?, que es un procurador y cuales sus funciones? Como se gestiona un despacho? Como se confecciona una minuta? Quien es quien en la oficina judicial? Cual es la funcion del Colegio?... Todas las respuestas las encontrara el lector aqui junto a una idea clara de que es la abogacia, que ha sido y posiblemente que llegue a ser. La mejor orientacion para todo estudiante de Derecho en trance de decidir su futuro. Porque dara aqui con los elementos imprescindibles para una cabal decision sobre si le interesa o no, si se puede o no y en que condiciones, ejercer hoy una de las mas hermosas y antiguas profesiones que, a pesar de los radicales cambios que nos toca vivir, "sigue abordando lo esencial de su objeto (citando a Antonio Hernandez Gil) en terminos sensiblemente similares a como podia plantearse hace siglos."

Despite the handsome incomes they often command, lawyers are far from the happiest of professionals. Seven in ten attorneys in one poll said they would choose other careers if they had to do it over again and, in another poll, fewer than half said they would encourage young people to become lawyers. Indeed, no poll has ever put the law in the top tier of satisfying professions. The economic uncertainty of recent years has only made law students and lawyers think harder than ever before about what they can hope to get out of careers in law.
This book not only sheds light on why so many lawyers find so little to like about their jobs, but also explores what they can do about the problem. Drawing on recent psychological research on happiness, Nancy Levit and Douglas Linder highlight various factors that contribute to professional stress and frustration--from pressure to increase the number of billable hours to discontents that occur when the job's demands fail to mesh with a lawyer's personal values or aspirations. They offer an array of coping tools, both large and small, that will help attorneys find more balance in their lives; they also suggest ways that law firms can be more flexible to accommodate their employees' needs, thus boosting morale and, in the process, producing higher-quality work. The authors also show how law students can better define their goals to ensure a satisfying career.
Having interviewed more than two hundred lawyers across the country, Levit and Linder enliven their account with engrossing--and sometimes surprising--career stories from both happy and unhappy lawyers. From these stories they develop sensible solutions for lawyers and the legal profession as a whole. Attorneys and law students with doubts or questions about their career choices will find a wealth of reassurance and good advice in this book.

The 1984 explosion of the Union Carbide chemical plant in Bhopal, India was undisputedly one of the world's worst industrial disasters. Some have argued that the litigation following the Bhopal disaster provided an "innovative model" for dealing with the global distribution of technological risk; others consider the disaster a turning point in environmental legislation; still others argue that Bhopal is what globalization looks like on the ground.
Kim Fortun explores these claims by focusing on the dynamics and paradoxes of advocacy in competing power domains. She moves from hospitals in India to meetings with lawyers, corporate executives, and environmental justice activists in the United States to show how the disaster and its effects remain with us. Spiraling outward from the gas victims' stories, Fortun's innovative narrative sheds light on the complex intertwined way advocacy works within a global system, calling into question conventional notions of responsibility and ethical conduct. Revealing the hopes and frustrations of advocacy, this moving work also counters the tendency to think of Bhopal as an isolated incident that "can't happen here."

Negotiating on Behalf of Others offers a framework for understanding the complexity and effects of negotiating on behalf of others and explores how current negotiation theory can be modified to account for negotiation agents. Negotiation agents are broadly defined to include legislators, diplomats, salespersons, sports agents, attorneys, and committee chairs?anyone who represents others in a negotiation. Five major negotiation arenas are examined in depth: labor-management relations, international diplomacy, sports agents, legislative process, and agency law. The book concludes with suggestions for future research and specific advice for practitioners. Chapter authors and commentators are leading figures in the field of negotiation. Negotiating on Behalf of Others is a must read for professional negotiators, graduate students, and scholars in the areas of business, public policy, law, international relations, sports, and economics. Negotiating on Behalf of Others is the result of the first of a series of seminars conducted by the faculty of the Program on Negotiation at Harvard on ?complicating factors? in negotiations. The first of these complicating factors selected for study was the effect of the presence of an agent on the negotiating process.

Globally, the methodologies of legal education have not changed in any fundamental way, some methods dating back hundreds of years. Law schools have relied, for too long, on passive learning methods such as lectures or cases. Clinical legal education provides an alternative that is more than just another pedagogical method. It provides a way for students to experience their emerging professional selves, while providing services or projects with poor and underrepresented clients. This book documents both the historical origins of clinical experiments in the earliest days of US university legal education, and the now-global reach of clinical pedagogy as a proven tool for effective training of legal professionals.

This book examines three areas in which abductive reasoning is especially important: medicine, science, and law. The reader is introduced to abduction and shown how it has evolved historically into the framework of conventional wisdom in logic. Discussions draw upon recent techniques used in artificial intelligence, particularly in the areas of multi-agent systems and plan recognition, to develop a dialogue model of explanation. Cases of causal explanations in law are analyzed using abductive reasoning, and all the components are finally brought together to build a new account of abductive reasoning.
By clarifying the notion of abduction as a common and significant type of reasoning in everyday argumentation, "Abductive Reasoning" will be useful to scholars and students in many fields, including argumentation, computing and artificial intelligence, psychology and cognitive science, law, philosophy, linguistics, and speech communication and rhetoric.

Along with used car dealers and telemarketers, lawyers are considered to be among the least trustworthy of all professionals. If lawyers want more respect, they will have to earn it by reframing their ethical responsibilities. In an original approach to law's moral dilemma, legal theorist Allan C. Hutchinson takes seriously the idea that 'litigation is war'. By drawing an extended analogy with the theory of ethical warfare, he examines the most difficult questions facing practicing lawyers today. Comparing the role of military officers to legal professionals and theories of just peace to legal settlement, Hutchinson outlines a boldly original approach to legal ethics. Fighting Fair's recommendation for a more substantive, honor-based approach to ethics will be a thought-provoking tool for anyone concerned about the moral standing of the legal profession.

Following on from the first volume, this unique book is the only collection of native analyses of the status of legislation in 30 European jurisdictions plus the EU. Each chapter, written by a national authority in the legislative field, presents and critically assesses: - the national constitutional environment and its connection with EU law; - the nature and types of legislation; - the legislative process; - the drafting process; - jurisprudence conventions; - the training of drafters. The book opens with a comparative chapter on the these six themes, and concludes with an analysis of trends and best practices in Europe. Legislation in Europe is a necessary addition to law and policy libraries, law-making institutions and agencies, and an invaluable tool for constitutional and drafting academics and practitioners.

Successful talent management approaches in law firms focus on creating the conditions for lawyers to thrive and succeed rather than on "managing talent" in the traditional sense. This book reveals the various strategies that law firms of all sizes can take to foster and maintain their lawyers' naturally high level of motivation and search for excellence so that they can deploy their full potential, collaborate and be fit to constantly adapt to change. Following trends seen in other knowledge intensive industries, a number of leading law firms have, in the last few years, started to shift their perspective and initiated interesting changes, particularly in the way they manage performance or consider career progressions. The second edition of this book coordinated by Rebecca Normand-Hochman explores the various elements of what law firms can do to "manage talent" in the most effective ways as well as to overcome the challenges that firms often encounter in their efforts. Topics covered include setting the foundations of a successful talent management strategy, new approaches to managing performance, leading lawyers through change, effective teamwork and collaboration, cultural intelligence and how to develop innovative mindsets for future challenges. Chapters provide practical guidance from experts internationally to help law firm leaders and partners create the conditions for their teams and themselves to develop to the highest levels of success. This book will also be of interest to learning and development specialists and to emerging leaders seeking to understand what will be required of them to inspire others to thrive.

As the legal landscape becomes increasingly competitive, it is clear that law firms do not always do enough to remain at the top of their game. Firms that have embraced the challenges presented by increased competition are undeniably in a better position than those that have not. This title aims to help partners understand what they can - and what they should not - do to chart the course of their firm most effectively, and covers current topics such as digitalisation and the emergence of new competitors from outside the market. Keeping abreast of market developments is an essential part of law firm management and this edition focuses on helping partners, and their teams, to develop the right strategy. The second edition of this practical title in Globe Law and Business's series on the business of law offers up new ways to think about strategy and how to explore it in the context of a partnership. It includes contributions from leading academics, consultants and law firm partners who share their insights and experience in strategy development and management. Whether you are a managing partner of a small, medium or large law firm, this book offers a variety of viewpoints in a comprehensive single volume. As well as partners and their teams, it will also prove useful for consultants and academics in developing research in this important area.

Legal Project Management in One Hour for Lawyers provides any attorney with practical skills and methods for improving efficiency, keeping budgets under control, building strong working relationships with clients, and maximizing profitability. In just one hour, this book will help you: understand the features and benefits of Legal Project Management (LPM); negotiate project scope and budgets with clients; align your legal work with client needs and priorities; plan and budget all legal project phases and tasks; improve communications with both internal team members and external clients; keep legal work on schedule, on task and on budget; gain familiarity with LPM software, tools, and templates; leverage time and effort with proven Legal Project Management techniques; and improve business development success and enhance client trust.

The completely revised and updated fourth edition of the most trusted paralegal desk references on the market.
Now fully revised and expanded: the bestselling desk reference for paralegals at any level. Each chapter has been completely updated to include the latest step-by-step instructions for every aspect of a paralegal's job, with new procedures, checklists, and resources throughout. Topics covered include:
? Paralegal ethics
? Training programs
? Court systems and court procedures
? Federal court practice and procedures
? Pretrial practice and procedure
? Legal research tools
? Electronic trial preparation procedures
In addition to the general resources that will be of value to every paralegal, this guide also includes detailed information on practice and procedures for working in specialty law firms.

This book makes a critical case for advocacy in the lives of people with learning difficulties. This can only be applauded.' - Disability & Society 'I found this book to be a thoughtful, interesting and challenging read and I would recommend it to anyone working in the field of advocacy or involved in any capacity with people with learning disabilities. It raises many questions about advocacy in all its different forms and asks those of us involved in this field to reflect on our own practice and that of our funding bodies. It also challenges and invites reflection on prevailing attitudes towards learning disability more generally and the way in which services are provided. Finally it leaves the reader in no doubt of the benefit and necessity of advocacy services, to ensure that people with learning disabilities are able to have their voices heard and their needs understood and met.' -The British Journal of Developmental Disabilities 'This is designed for advocacy practitioners and staff working in agencies who come into contact with advocacy services. It is aimed at more experienced practitioners, and service planners, who are serious about developing effective advocacy services within a social inclusion framework.' - Care and Health magazine 'This book continues to raise questions about advocacy throughout. It asks questions of those who are advocates and those who have the duty of funding such services. It is a very thoughtful and practical collection of essays on a whole range of issues and ranges, and seeks to provide, some answers. In addition to all this, it is very readable and provides a quite comprehensive bibliography, which in itself is worth the cost of the book.' - Rostrum 'Advocacy and Learning Disability is a sound collection of perspectives with an interesting international flavour. Barry Gray and Robin Jackson have collected insightful contributions from Britain, the USA, New Zealand and Australia to create a useful overview exploring a very wide range of self-advocacy issues directly related to learning disability delivery.' -The British Journal of Special Education Advocacy is a critically important element in the development of effective services for people with a learning disability. It is seen by many as the critical link between theory and practice in creating a truly inclusive society. This book presents an in-depth examination of the historical, legal and philosophical contexts within which advocacy services have developed. The kind of professional and practical issues and problems confronting those running and using advocacy services are discussed, and the role of advocacy is examined. Chapters covering advocacy with families and with people with communication difficulties contain helpful information for practitioners. A survey of the development of advocacy services in the USA, Australia and New Zealand provides an international perspective. Practical and informative, Advocacy and Learning Disability will be essential reading for advocacy practitioners and those working in agencies in the statutory and voluntary sectors who come into contact with advocacy services.

Anthony Kronman describes a spiritual crisis affecting the American legal profession, and attributes it to the collapse of what he calls the ideal of the lawyer-statesman: a set of values that prizes good judgment above technical competence and encourages a public-spirited devotion to the law.

For nearly two centuries, Kronman argues, the aspirations of American lawyers were shaped by their allegiance to a distinctive ideal of professional excellence. In the last generation, however, this ideal has failed, undermining the identity of lawyers as a group and making it unclear to those in the profession what it means for them personally to have chosen a life in the law.

A variety of factors have contributed to the declining prestige of prudence and public-spiritedness within the legal profession. Partly, Kronman asserts, it is the result of the triumph, in legal thought, of a counterideal that denigrates the importance of wisdom and character as professional virtues. Partly, it is due to an array of institutional forces, including the explosive growth of the country's leading law firms and the bureaucratization of our courts. "The Lost Lawyer" examines each of these developments and illuminates their common tendency to compromise the values from which the ideal of the lawyer-statesman draws strength. It is the most important critique of the American legal profession in some time, and an an enduring restatement of its ideals.

Succeed in your course and prepare for your paralegal career with THE LITIGATION PARALEGAL: A SYSTEMS APPROACH, SIXTH EDITION. Combining theories and principles of law with practical skills, this engaging, highly visual text includes numerous forms, checklists, and online resources in the context of the law office. The book covers the latest electronic discovery issues and the associated ethical and practical responsibilities of the paralegal. It also includes a wide range of new and updated cases, practical tips, assignments, key terms, and study questions to help you master the content.