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Books > Law > Jurisprudence & general issues > Legal skills & practice
Legal prose is often a more pedestrian venture than a novel or a poem. However, even the pedestrian can be done well. The views of the professional writers considered in this book identify how lawyers can write legal prose well, and sometimes even beautifully. This book provides key lessons on legal writing that can be gleaned from various leading authors of the past and brought to bear in crafting more polished legal texts. Among the great authors considered are Joseph Conrad, Guy de Maupassant, E.M. Forster, Thomas Hardy, Henry James, D.H. Lawrence, Robert Louis Stevenson and Virginia Woolf. Central themes identified are: Legal writing should never be too difficult to understand; Great writers have much to teach the legal writer; Good writing requires hard work; Professional jargon is generally best avoided; and The truth is always pure, often simple, and generally best expressed in plain English. This book contains invaluable guidance to help all those involved in legal writing to hone their writing skills, while providing an engaging tour through the works of great authors from the past. All after-tax author royalties from this book will be donated to the Ukrainian relief efforts of the International Red Cross and Red Crescent movement.
Archbishop Wulfstan of York (d. 1023) was a powerful clergyman and the most influential political thinker of pre-Conquest England. An advocate for the rights and privileges of the Church, he authored the laws of King Aethelred and King Cnut in prose that combined the rhetorical flourishes of a master homilist with the language of law. Some works forged a distinctive style by adding rhythm and alliteration drawn from Old English poetry. In the midst of Viking invasions and cultural upheaval, Wulfstan articulated a complementary relationship between secular and ecclesiastical law that shaped the political world of eleventh-century England. He also pushed the clergy to return to the ideals of their profession. Old English Legal Writings is the first publication to bring together Wulfstan’s works on law, church governance, and political reform. When read together, they reveal the scope and originality of his thought as it lays out the mutual obligations of the church, the state, and the common people. This volume presents new editions of the Old English texts alongside new English translations.
Strategies for gathering and harnessing knowledge have existed in law firms for decades. However, knowledge management suddenly found itself in the spotlight as a result of the COVID-19 pandemic. Enforced remote working reduced opportunities for knowledge sharing between colleagues and this gap was filled with knowledge databases and experienced knowledge lawyers. Now that hybrid and virtual workforces are here to stay, these new working practices have combined with technological developments, enhanced demand, and the transformation of how to access knowledge to drive the advancement of knowledge management into a new era. Knowledge Management in Law Firms: Challenges and Opportunities Post-Pandemic is the essential guide to the evolution of law firm knowledge management. It covers how to revisit your strategy in light of recent and future changes, the expansion of knowledge management to encompass legal tech and innovation, the rise of the importance of data, strategies for overcoming the challenges hybrid and virtual working pose to knowledge management, managing knowledge teams, and much more. Chapters are written by an international group of KM experts from a range of organisations and leading law firms, including DLA Piper, Linklaters, and Dentons. Pandemic experiences and lessons learnt are shared as well as ways to approach the future. Knowledge is at the heart of the legal profession, and this book provides guidance on how to prepare for and thrive in the knowledge management practices of the future, overcoming the obstacles and embracing the opportunities that have arisen from or been accelerated by the pandemic. Through demonstrating how effective knowledge management can help firms exceed client expectations, differentiate themselves in the competitive market, and, ultimately, improve their bottom line, this title will be of interest to knowledge management professionals including professional support lawyers, law firm leaders, partners and fee earners, and, outside of law firms, in-house lawyers and consultants.
The current surge of displaced and trafficked children, child soldiers, and child refugees rekindles the virtually dead letter of the Genocide Convention prohibition on transferring children of one group to another. This book focuses on the gap between genocide as a legal term and genocidal forcible child transfer as a catastrophic experience that disrupts a group's continuity. It probes the Genocide Convention's boundaries and draws attention to the diverse, yet highly similar, patterns of forcible child transfers cases such as colonial genocide in the US, Canada, and Australia, Jewish-Yemeni immigrants in Israel, children of Republican parents during the Spanish Civil War and its aftermath, and Operation Peter Pan in Cuba. The analysis highlights the consequences of the under-inclusive protection granted only to four groups. Ruth Amir argues effectively for the need to add an Amending Protocol to the Genocide Convention to protect from forcible transfer to children of any identifiable group of persons perpetrated with the intent to destroy the group as such. This proposed provision together with Communications and Rapid Inquiry Procedures will highlight the gravity of forcible child transfers and contribute to the prevention and punishment of genocide.
It is a condition of authorisation that all SRA-authorised law firms must have a compliance officer for legal practice (COLP) and a compliance officer for finance and administration (COFA), and that these individuals must comply with regulatory duties imposed on them personally. Now in its third edition, COLP and COFA: Compliance in Practice provides the role-holders, and anyone concerned with supporting the role-holders, with essential information about regulatory and ethical standards and compliance procedures that will support the achievement of these standards and facilitate a good working relationship with the SRA. Written by Tracey Calvert, a former employee of both the Law Society and the SRA, this edition has been updated to include the latest requirements as evidenced by the SRA Standards and Regulations, and includes lessons learned from supervisory and enforcement action.
Like so many other professions, law is becoming increasingly influenced by an overwhelming amount of disparate, fragmented and complex data that can both help and hinder business. Data comes from a wealth of different sources, both internal and external, constantly changing, never still. Keeping control of all that data is one challenge; leveraging it to the greater good much harder. Despite the huge amount of data in the average law firm, data-driven decision-making is relatively new and uncharted. With the hugely disruptive changes that have occurred in our ways of working over the last two years, the issue of data is now front and centre. This second edition of Building the Data-Driven Law Firm looks at how the use of data has become inextricably linked with the practice of law; how it can be utilized to the good, and the safeguards that must be put in place to mitigate the bad; how Big Data will revolutionize the way lawyers work, and the cases they will work on; and how new uses for data (including blockchain and the Internet of Things) will influence the law firm of the future. Bringing the book bang up to date, new content features how we can keep data secure in the changing world of work, how data can be used for business development and client satisfaction, the implications of data bias and data theft, and whether the way we use data is even useful anymore.
In 1877, the American Humane Society was formed as the national organization for animal and child protection. Thirty years later, there were 354 anticruelty organizations chartered in the United States, nearly 200 of which were similarly invested in the welfare of both humans and animals. In The Rights of the Defenseless, Susan J. Pearson seeks to understand the institutional, cultural, legal, and political significance of the perceived bond between these two kinds of helpless creatures, and the attempts made to protect them. Unlike many of today's humane organizations, those Pearson follows were delegated police powers to make arrests and bring cases of cruelty to animals and children before local magistrates. Those whom they prosecuted were subject to fines, jail time, and the removal of either animal or child from their possession. Pearson explores the limits of and motivation behind this power and argues that while these reformers claimed nothing more than sympathy with the helpless and a desire to protect their rights, they turned "cruelty" into a social problem, stretched government resources, and expanded the state through private associations. The first book to explore these dual organizations and their storied history, The Rights of the Defenseless will appeal broadly to reform-minded historians and social theorists alike.
Law firms have evolved exponentially over the last few decades, and today it requires far more than legal skills for firms to operate efficiently, fulfil client demands, give back to their communities and, ultimately, succeed. As a result, specialist roles beyond fee-earning have been created and more continue to emerge as technology advances and competition intensifies. They are a crucial part of future-proofing law firms and there is growing recognition of the respect and value they deserve with increasing numbers gaining positions in senior management. These roles range from working with legal tech to bringing in new business, from managing the firm's risk and compliance function to collaborating with clients to develop new products. For a lawyer looking to take the next steps in their career, or a law firm wanting to implement the career paths required for future success, it can be difficult to know where to begin. The Rise of Specialist Career Paths in Law Firms is the essential guide to the plethora of career opportunities available in law firms. It covers more established roles such as the professional support lawyer and pro bono professional, and new, emerging career paths, including in innovation and legal operations, as well as roles that will become available in the future. Written by experts with lived experience performing these roles, chapters provide information and insights into the different opportunities available, the skills needed to thrive in these positions, the responsibilities they entail and how to build careers in these spaces. With increasing client demands and the 'talent war' raging, this title will demonstrate how implementing these specialist career paths will enable law firms to continue to provide stellar client service and develop and retain top legal talent, who are increasingly looking for more tailored and flexible career options. It will also provide individual lawyers with the resource to identify and pursue the career that suits them best, allowing them to thrive to the benefit of both the individuals and their firms.
With continued pressure from human rights organisations and socially conscious shareholders, investors, clients and employees, there is little doubt that every law firm must have environmental, social and governance (ESG) issues at the core of its business strategy. However, the implementation of an ESG strategy should not be a box-ticking exercise; rather, it requires firm-wide commitment and involves the full integration of ESG criteria into the strategy, operations and ethos of the firm, in relation to both the firm itself and its dealing with clients. Increased regulation, stronger business ethics and attitudes to climate change, environmental protection, employment standards, sustainable finance, risk and governance, community engagement, corruption and human rights are evolving at an unprecedented rate. As a result, the development of robust, long-term ESG initiatives in these areas can provide law firms with manifold benefits, including the opportunity to: gain competitive advantage; retain their license to operate; make cost savings due to operational improvements; attract, engage and retain clients and employees; increase value and service offerings to clients through advising them on their own sustainability transformation; and enter new markets. This Special Report looks at the business drivers for sustainability in law firms and offers a practical toolkit to guide law firms on their ESG journey. It will make essential reading for all lawyers, law firm leaders and management teams who are involved in implementing sustainability strategies at both a firm and practice group level.
Law firm practice group leadership is not for the faint hearted. As firms compete increasingly at practice group level, leaders are being asked to run their groups like business units; to develop and implement a strategic plan that supports the goals and competitiveness of the firm; and to coordinate and lead their partners to enhance the efficiency, performance, and profitability of their groups. Many firm leaders complain that some of their group heads are not producing the results they want to see. But how many practice group leaders receive the tools and support they need to succeed in this critical role? How many are selected for demonstrable leadership skills? And how often are they held accountable for how well - or otherwise - they perform in the role? With contributions from a wide range of experts, this second edition of Effective Practice Group Leadership explores these key questions and more, building on the first edition with new insights and thought leadership. The book examines the position of the practice group leader (PGL) in law firms today, the challenges of the role, and the changes to it, innovations and how modern practice groups are changing, and demonstrates the enormous contribution PGLs can make to the profitability and performance of their law firms, when armed with the tools and the authority.
Advocacy skills, which are learnt in the moot court, as a precursor to the effective communication of persuasive legal argument, are essential for those seeking a career in law. The skills associated with successful mooting, cover the entire range of the domains of human activity: intellectual, physical and emotional. This informative book examines the theories relevant to the development of skills necessary for effective participation in competition moots. By consideration of underlying theories, Mark Thomas and Lucy Cradduck develop unique models of the skills of the cognitive, psychomotor and affective domains and effective team dynamics, emphasising the importance of written submissions. The authors use this analysis to develop a unique integrated model that informs the process of coaching moot teams according to reliable principles. The Art of Mooting distils the theories and principles that support successful moot performances, grounding these in practical examples of how a mooter's skills may be developed and improved. It is an essential guide for moot coaches, law and advocacy students and academics seeking to improve their skills, and new and existing practitioners.
This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer's analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.
"BUSINESS ORGANIZATIONS FOR PARALEGALS, 1/e"combines the ethical, practical and professional topics relating to Business Organizations with the most contemporary cases and substantive material. Taking a hands-on approach, it offers comprehensive coverage and uses practice tips, critical thinking exercises, landmark case law, case scenarios, and portfolio builders to reinforce concepts. At the beginning of the text, each student is asked to create their own mock business that can be used to complete chapter assignments and exercises. Throughout the text, articles written by practicing paralegals are included to assist students as they transition from student to practicing paralegal.
It has never been more important for law firms to plan for the future. A highly competitive market, an aging profession, the changing ambitions of younger generations, many of whom place greater importance on work-life balance than reaching top leadership levels, and a long-held reluctance to discuss retirement and succession, all combine to create what some are calling a succession crisis. It is time to face the issue head-on and start putting systems in place to ensure the long-term success and health of lawyers and their firms: succession planning is the answer to this. A successful succession encompasses two core elements: transitioning firm management to a new generation, and transferring client relationships. This title provides guidance not only on how these two transitions can be achieved effectively, from the perspectives of both individual partners and the firm, but also on the plethora of issues involved in preparing for the departure of retiring partners and transitioning in new leadership, including compensation, the role of diversity and inclusion and financial considerations. It also considers situations where more specific and specialised plans may be required, such as managing the succession of a rainmaker or a founding partner. A strong and effective succession plan ensures that clients are retained over the long-term, retiring partners leave optimistic and satisfied, future leaders are in place and prepared for their roles, and the firm continues to grow and flourish. The shift to a more remote work environment has also made the institutionalising of processes such as succession planning even more important. By providing a thorough understanding of its many elements, this title explains how effective succession planning can be implemented and ensure smooth leadership and client transitions, securing and enhancing the current and future success of partners and their firms.
"Legislative Learning" breaks new theoretical and descriptive ground in examining the political perceptions, policy principles and power plays of the influential 104th Republican freshmen in the U.S. House. This even-handed book builds on the work of leading congressional scholars, and provides a detailed evaluation of coalition politics, freshmen style. Barnett shows how political environments can produce legislators who place a premium on their policy-making goals through a nuanced exploration of factors undergirding member perceptions, policy ambitions, class cohesion, and legislative learning.
We all know that law is a people business. Clients buy from lawyers whom they like, respect, and trust, and they judge those lawyers and their firms on the quality of service that the firm provides, the results achieved, and whether they receive value for money. This applies to corporate, institutional, and private clients alike. For their business plans to be connected to reality, partners and law firm leaders must learn how they are perceived by their clients and adapt accordingly. They do this by listening to their clients. Historically this was through informal, fireside chats. In recent years, many firms have devised formal client listening programs and in recent years there has been an explosion of review sites and social media channels enabling clients to leave their unfiltered and public feedback, whether solicited or not. Forward-looking firms are adopting multi-channel approaches to taking feedback to maximize the intelligence they gather and to adapt to clients' own preferences. As ever, the most nimble and adaptable will reap the rewards. The Client Experience: How to Optimize Client Service and Deliver Value looks at the client experience from end-to-end, from client listening programs to journey mapping, from customer audits to how legal tech can help improve the way a client interacts with a law firm throughout its relationship. A client-centric business model is essential for future law firm success and the authors of this far-reaching title utilize their own experience and real-life case studies to drill down into the importance of maintaining the one thing no business can do without: its client.
Client loyalty is increasingly difficult to earn and sustain. Furthermore, heightened focus by clients on efficient, cost effective and innovative service delivery - while trying to do more in-house and through automation - makes it more difficult for law firms to remain a dominant firm of choice. Added to this, firms are seeing growing numbers of RFPs and increased competition from law companies, technology providers and clients themselves. Written by management consultant veteran of 35 years, Susan Saltonstall Duncan of RainMaking Oasis, this Special Report addresses the key components of building superior client relationships that result in greater loyalty and long-term success. Featuring case studies and insights from leading companies and business professionals responsible for law firm selection and oversight, it covers legal operations, innovation and client development, and includes a wealth of practical suggestions. The report contains five core sections: *The loyal client framework, which looks at customer experience and clients as loyalists; *A roadmap, getting started and staying on the right foot with clients, which deals with trustworthiness, client feedback and dealing with difficult clients; *Developing loyal client relationships, in-person and remotely, covering remote relationship development, key client teams/account management and succession planning; *Earning loyalty through value, innovation and collaboration, including aligning value, convergence, cross-selling and diversity; and *An appendix with tips and multiple checklists. This title will prove useful to lawyers, law firm leaders, client relationship partners and managers, and all business professionals that support firms in delivering superior service to clients. Moreover, it will assist lawyers to stay relevant and valuable through deeper understanding of a client's needs, enabling them to become a trusted business partner, build and oversee collaborative teams and implement innovative delivery models and tools.
Designing a contract is often more of an economic than a legal problem. A good contract protects parties against opportunistic behavior while providing motivation to cooperate. This is where economics and, especially contract theory, may prove helpful by enhancing our understanding of incentive issues. The purpose of this book is to provide specific tools which will help to write better contracts in real world environments. Concentrating on moral hazard literature, this book derives a tentative checklist for drafting contracts. As an economic contribution to a field traditionally considered an art rather than a science, this treatment also gives much attention to methodological issues.
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.
The Pocket Lawyer series is designed for members of the public who want 'how to' guidance in situations that would normally require expert advice. Each title: written by experts in their field contains all the information you need in one book has an accessible and user-friendly layout and structure is supported by a companion website providing free updates and ready-to-use documents and letters.
Increasing international cooperation in tackling the worldwide problem of child abuse and neglect has helped to raise the profile of this important issue. Scholarly literature on the problem is growing, yet there is still a pressing need for a legal comparative commentary on the issue of child abuse claims in tort. Addressing this omission, this valuable work investigates how the factual circumstances as laid out in the landmark English cases of X v. Bedfordshire County Council and Barrett v. Enfield London Borough Council have been dealt with by the European Court of Human Rights and in a number of key jurisdictions including the US, Canada, Australia, South Africa, France, Germany and Italy. Examining the substantive tort law in these jurisdictions, the book highlights differences in procedure and compares alternative, non-judicial sources of compensation for claimants. It also offers suggestions for reform, providing a work that will greatly benefit all those working within this specific area of law or having an interest in the subject.
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.
The Pocket Lawyer series is designed for members of the public who want 'how to' guidance in situations that would normally require expert advice. Each title: is written by experts in their field contains all the information you need in one book has an accessible and user-friendly layout and structure is supported by a companion website providing free updates and ready-to-use documents and letters. Under the Inland Revenue's Rent-a-Room scheme you can earn GBP4,250 free of tax by taking in a lodger. This book will help you to decide whether taking in a lodger is for you. Once decided, it will guide you through your legal obligations as a landlord, help you choose and vet a suitable lodger and help you draft an agreement that is legally sound and fair for both of you.
The COVID-19 pandemic has changed working practices across the globe. It has been predicted that as much as 80 percent of the legal workforce will remain transient or permanently working from home after the COVID-19 crisis ends, with only around a fifth as full-time office workers. Although law firms typically weather downturns better than the overall economy, revenues, working practices, and working culture will all change. The expected economic downturn may not directly translate into a decline for professional services, as market difficulties, regulatory responses, stimulus programs, changes in employment, and other stressors provide potential sources of demand - particularly in the legal sector. What is clear is that personnel issues will come to the fore, and law firm leaders will have to respond proactively, both to mitigate risk and to make the best of a challenging and changing situation. Transitioning from an industry famed for office working to one that is more responsive, flexible and individualistic will provide as many opportunities as it will challenges.
This Special Report offers a research-based view into the importance of soft skills for modern lawyers and how law firms develop essential soft skills - whether to comply with SRA rules, to lead productive teams, to provide the best service to clients or to grow their practice. Through interviews with lawyers, leaders and human resource professionals at large and small firms, the report provides an overview of the essential soft skills required by modern lawyers, competency frameworks and insights into how best to develop them and guidance on some of the essential soft skills required. Interpersonal, emotional intelligence, communication, learning, adaptability, problem-solving, negotiation, team management, leadership and business development are amongst the soft skills explored for high-performing lawyers. This report is the guide to developing the skills needed to get ahead and stay ahead in your legal career. |
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