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Books > Law > Jurisprudence & general issues > Legal skills & practice
"A readable and enjoyable book of interest to the lay public,
litigators and aficionados of trials alike...well worth
reading." "Delightful and insightful...He knows how to tell a story, and
he knows that facts depend on perceptions." "Lubet's ability to downplay advocacy techniques while
emphasizing the rich context of facts, story, and personalities is
superb" "A delightful and insightful book [that] entertains as it
instructs." "This excellent set of essays, both scholarly and imaginative,
offers a rare bridge between the parallel universes of legal
scholarship and courtroom practice. There is no better guide to the
enterprise of storytelling in the law than Steve Lubet." Lubet's Nothing But The Truth presents a novel and engaging analysis of the role of storytelling in trial advocacy. The best lawyers are storytellers, he explains, who take the raw and disjointed observations of witnesses and transform them into coherent and persuasive narratives. Critics of the adversary system, of course, have little patience for storytelling, regarding trial lawyers as flimflam artists who use sly means and cunning rhetoric to befuddle witnesses and bamboozle juries. Why not simply allow the witnesses to speak their minds, without the distorting influence of lawyers' stratagems and feints? But Lubet demonstrates that the craft of lawyer storytelling is a legitimate technique for determining the truth andnot at all coincidentallyfor providing the best defense for the attorney's client. Storytelling accomplishes three important purposes attrial. It helps to establish a "theory of the case," which is a plausible and reasonable explanation of the underlying events, presented in the light most favorable to the attorney's client. Storytelling also develops the "trial theme," which is the lawyer's way of adding moral force to the desired outcome. Most importantly, storytelling provides a coherent "story frame," which organizes all of the events, transactions, and other surrounding facts into an easily understandable narrative context. As with all powerful tools, storytelling may be misused to ill purposes. Therefore, as Lubet explains, lawyers do not have carte blanche to tell whatever stories they choose. It is a creative process to be sure, but every story must ultimately be based on "nothing but the truth." There is no room for lying. On the other hand, it is obvious that trial lawyers never tell "the whole truth," since life and experience are boundless and therefore not fully describable. No lawyer or court of law can ever get at the whole truth, but the attorney who effectively employs the techniques of storytelling will do the best job of sorting out competing claims and facts, thereby helping the court arrive at a decision that serves the goals of accuracy and justice. To illustrate the various challenges, benefits, and complexities of storytelling, Lubet elaborates the stories of six different trials. Some of the cases are real, including John Brown and Wyatt Earp, while some are fictional, including Atticus Finch and Liberty Valance. In each chapter, the emphasis is on the narrative itself, emphasizing the trial's rich context of facts and personalities. The overall conclusion, as Lubet puts it, is that"purposive storytelling provides a necessary dimension to our adversary system of justice."
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.
In the Commonwealth,the principle of legal professional privilege has been treated as almost sacrosanct and in consequence, derogations from it have been rare. The traditional view is that, despite resulting unfairness, the rule must be absolute in order to achieve its stated goals. This view is challenged here through an examination of the structure of and exceptions to the privilege. Auburn argues that the claims made of the rule in the past have been overstated and that the privilege is more robust than widely assumed. Being dependent on patterns of client behaviour, it can accommodate change, while still fulfilling its essential function. Having examined the theory, structure and main derogations from the privilege, the author asserts that we should be more sceptical of the claims made of the privilege, and in appropriate circumstances should give more weight to the values underlying the disclosure of evidence. This thoughtful analysis presents a new approach to the issue of legal professional privilege. It offers a thorough exploration of the principles underlying the privilege and takes a Commonwealth-wide approach, covering the law in England, Australia, Canada, New Zealand and South Africa, as well as drawing on relevant principles from European and United States law. Contents 1. Conceptual and Historical Introduction Part A: THEORETICAL FOUNDATIONS 2. Emerging Common Law Right 3. Privilege Under the European Convention on Human Rights 4. Confidentiality 5. Disclosure 6. Structure of the Privilege - General Theory 7. Structure of the Privilege - Application PART B: PRACTICAL APPLICATIONS 8. Crime-fraud Exception 9. Criminal Exculpatory Evidence 10. Loss of Privilege Based on Intent and Disclosure [Waiver] 11. Fairness Based Loss of Privilege [Waiver] 12. Indadvertent Disclosure 13. Past and Future Directions
"In-house practice is a growing area and the In-house Lawyers' Toolkit is the only precedent and toolkit resource available which is exclusively devoted to the requirements of this important sector. This unique toolkit provides an accessible, relevant resource for both new and experienced in-house practitioners to work from, adapt, and to act as a catalyst for their thinking to provide timely, high quality and cost-effective advice to their organisation. In particular, it will lead the practitioner through the processes of managing an in-house function, including: The development of a strategy for legal services in your organisation How to decide what legal services to buy, and from where Appointing, reviewing, managing and ending Panel relationships Working with alternative legal sourcing providers Managing the in-house team, and Leveraging and demonstrating value. The book is accompanied by a CD-ROM which contains valuable and time-saving precedents allowing the reader to identify and implement best practice in their own in-house environment, and to develop and adapt systems and processes as appropriate. "
While there is significant interest in knowledge management as it applies to legal environments, there are very few books specifically focused on this topic. In Effective Knowledge Management for Law Firms, Matthew Parsons expertly fills this gap by drawing on his work with a leading commercial law firm, Mallesons Stephen Jaques. He examines how law firms can implement a knowledge strategy to support their business strategy, rather than getting beguiled by fad and technology. Parsons first outlines the terrain, including what knowledge management means, the business and economics of law firms, and how lawyers work as knowledge workers. Then he introduces a methodology for creating and implementing law firm knowledge strategy, which brings together for the first time the interrelated aspects of recruiting, training, research, document production, information management and digital knowledge strategy. Parsons goes beyond theories to provide detailed, practical help for the analysis, implementation, and measurement of performance-increasing initiatives. This book will be an invaluable resource for all those involved with the management and leadership of law firms and knowledge management initiatives.
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.
This book by Roger W. Shuy, the senior figure in forensic linguistics, is the first to explain in an accessible way the vital role that linguistic evidence and its proper analysis play in criminal investigations. Shuy provides compelling case studies of how language functions in investigations involving, among others, wired undercover operatives, and the interrogation of suspects. He makes the point that language evidence can be as important as physical evidence, but yet does not enjoy the same degree of scrutiny by investigators, attorneys, and the courts. Beyond this, however, his more controversial thesis is that police frequently misuse or manipulate language, using various powerful controversial strategies, in order to intentionally create an impression of the targets' guilt or even to get them to confess. attorneys, law enforcement officers, judges, and juries This book makes its case by analyzing a dozen criminal cases involving a variety of crimes, such as fraud, bribery, stolen property, murder, and others. About half involve co-operating witnesses who do the tape recording, and the other half undercover police officers. These cases demonstrate how undercover operatives use different conversational strategies, such as overlapping conversation, ambiguity, interruption, refusing to take "no" for an answer, and others to create a negative impression of the targets on later listeners. Creating Language Crimes provides a fascinating window into a little-known and discussed facet of law enforcement. It will appeal to anyone concerned with language (particularly sociolinguists and discourse analysts), as well as to those involved in law enforcement and criminal cases. the appearance of such crime is created, law enforcement has not reached its evidentiary goal. Eleven conversational strategies were used in the twelve actual criminal cases described in this book.
More and more frequently linguists are being called upon to consult with lawyers and to testify at trials. The field known as "forensic linguistics" is growing rapidly as linguists analyze spoken and written language evidence in both civil and criminal cases. Roger W. Shuy is a prominent linguist who has applied linguistics to the area of law for over thirty-five years. His book is a practical, how-to guide for both beginning and established linguists who have been called upon in this capacity and who may want to start their own consulting practice. Step by step, the book deals with issues of how linguists first become and then represent themselves as experts, how they can start and manage the practice of consulting on law cases, how they can address important issues of professional ethics, how they can work most effectively with lawyers, useful strategies for writing reports and affidavits, and how to participate successfully in depositions, direct examinations and cross examinations at trial. Professor Shuy also suggests ways that linguists can use their forensic linguistic experiences in their publications and classroom teaching, concluding with suggestions of some recent books that forensic linguists may need for their personal libraries. Both American and British legal systems are covered. Any linguist who is involved professionally in a legal action will find this volume an essential resource.
'The most gripping and satisfying thriller I've read in more than a decade' Sophie Hannah 'One of the best legal thrillers ... as elegant and gripping as Scott Turow's Presumed Innocent' Daily Mail 'Quite the tour de force! Twelve Angry Men meets Chinatown and creates something of its own' Sarah Pinborough 'This is a tense, emotionally charged, scary-good, stand-out read' Caroline Kepnes ********** MAJOR TV SERIES COMING SOON - FROM THE PEOPLE WHO BROUGHT YOU NETFLIX'S UNBELIEVABLE... One juror changed the verdict. What if she was wrong? 'Ten years ago we made a decision together...' Fifteen-year-old Jessica Silver, heiress to a billion-dollar fortune, vanishes on her way home from school. Her teacher, Bobby Nock, is the prime suspect. It's an open and shut case for the prosecution, and a quick conviction seems all but guaranteed. Until Maya Seale, a young woman on the jury, persuades the rest of the jurors to vote not guilty: a controversial decision that will change all of their lives forever. Ten years later, one of the jurors is found dead, and Maya is the prime suspect. The real killer could be any of the other ten jurors. Is Maya being forced to pay the price for her decision all those years ago? ********** 'Plunge a syringe filled with adrenaline into the heart of Twelve Angry Men and you've got The Holdout: the first legal thriller in thirty years - ever since Presumed Innocent and A Time to Kill electrified readers the world over - to rank alongside those two modern classics.' AJ Finn 'A page-turning legal thriller with a twisty and absolutely riveting plot ... plus a strong and compelling female heroine. You won't be able to put this one down!' Lisa Scottoline 'Clever, well-written and twistier than a can of silly-string. You absolutely need to read The Holdout!' Emma Kavanagh 'Amazing thriller, deserves to be one of the biggest books of 2020' Michelle Davies 'Terrific, twisty and well-structured thriller' Adele Geras
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.
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.
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.
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.
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.
Since the publication of its first edition in 2005, Advocacy Practice for Social Justice has served as a clear, comprehensive, and practical resource for social work courses in advocacy, community practice, and macro practice. Now in its fourth edition, this text provides extensive information on the value base for advocacy; an examination of why people get involved in advocacy; and step-by-step instructions for social workers and others who want to impact laws, regulations, and policies at any level. Bearing in mind the National Association of Social Workers' Code of Ethics' requirements to advocate on behalf of vulnerable populations, readers learn that advocacy is a problem-solving technique similar to that used in social work practice of all types. The book moves through the stages of advocacy: getting involved; understanding the issue; planning; advocating through education, persuasion, and negotiation; presenting information effectively; monitoring and evaluating results; and integrating advocacy into a social worker's everyday practice. The fourth edition's inclusion of new topics and solid foundation in social work values make it a must-read as social work students and practitioners work diligently to maintain the profession's focus on successful advocacy for social justice.
"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.
EU law is an autonomous legal system. It requires its own methodology. The contributions to this volume provide elements of a genuinely European legal method. They discuss the foundations of European legal methodology in Roman law and in the development of national legal methods in the 19th century as well as the economic and comparative background. Core issues of legal methods such as the sources of law, the interpretation of EU primary law and secondary legislation, the concretisation of general clauses, and judicial development of the law are also analysed. The temporal effects of EU directives on the one hand and of judgments of the Court of Justice of the European Union on the other raise specific issues of EU law. Contributions are also devoted to issues of a multi-level legal system. Beyond general aspects, directives, in particular, raise special questions: what is their impact on the interpretation of national law; and what are the methodological consequences of a transposition of directives beyond their original scope ('gold-plating')? Further contributions inquire into methodological issues in contract law, employment law, company law, capital market law and competition law. They illustrate the general aspects of European legal methods with a view to specific applications and also reveal specific issues of methods which occur in these areas. Finally, legal methods from national perspectives of different Member States, namely France, Germany, Italy, Poland, Spain and the United Kingdom, are examined. The authors reveal national traditions of legal methods and national preconceptions and illustrate the application of EU legal methods in different national contexts.
For most legal teams operating in the COVID-19 age, the focus on near-term survival has passed, and attention has turned to what the 'new normal' might be. With the pandemic overhauling the traditional way in which lawyers practise and serve their clients, the profession turning remote overnight and increasing their use of collaboration platforms and other legal tech, it is likely that legal practice has changed for good, and those prepared to embrace and seize opportunities from this change will be best-placed to flourish in the years ahead. Legal Practice Transformation Post-COVID-19 imagines the post-COVID world for legal services and asks what has changed, what will stay the same and what values are critical to ensure the successful operation of legal teams in the post-pandemic age. It considers a variety of aspects crucial to the future of the legal profession, including: *The impact of technology; *Remote working; *Health and safety; and *Culture and community. This Special Report will be invaluable reading for lawyers in private practice, in-house counsel, professional support staff and all those involved in the delivery of legal services, to understand what the future of the profession will look like, and how to thrive within it.
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.
Beyond the Courtroom provides a compilation of articles and chapters by a dispute resolution scholar who has made remarkable contributions over his thirty-year career. Professor Abramson has focused his research and practice on parties trying to resolve their own disputes. This book includes publications that have contributed to launching the then new field of mediation representation with special attention on how attorneys, as gate keepers to mediation, can effectively represent clients. The book also includes his original publications that have contributed to the emerging field of intercultural and international mediation and the already robust and mature field of negotiations.
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.
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.
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. |
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