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Books > Law > Jurisprudence & general issues > Legal skills & practice
Pandemics bring the world to a standstill. All economies are based on confidence, yet during and after a pandemic, uncertainty and fear abound. The entire professional services sector the world over - which includes law firms, accounting firms, brokerages, consulting firms, etc. - are cash-based, people-centric, and relationship-driven businesses. The rapid changes to relationships - both professional and personal - caused by a pandemic are structural and deep. The definition of "business as usual" is altered, and all professional services providers need to adapt and change quickly to respond to the new ways that employees, clients, and everyone else will behave, communicate, buy, and use their services in the future. The speed at which information travels will not slow down.
Recent years have witnessed growing concern internationally in wellbeing and mental health across the legal community, a shift reflected in a host of initiatives, networks, reports and research studies. Changes to working patterns, generational shifts, and an increased interest in overall wellbeing have contributed to a growing movement towards better working practices - across all industries but particularly in high pressure professions such as law. The genesis of the lawyer wellbeing movement in the United States has spread to the UK, EU, Canada and Australia. In this opening chapter, Bree Buchanan, chair of the ABA Commission, covers the 2016 research regarding lawyer and law student impairment that served as the catalyst for creating the National Task Force on Lawyer Wellbeing. From this coalition of national organizations came the 2017 Report, which in turn launched a wide variety of national and state policy and practice innovations. Bree summarizes a snapshot of those developments.
With barely a week going by without news that yet another chief innovation officer has taken up residence in a global law firm, it's clear innovation is still a hot topic, continuing to grow and expand in terms of its reach within law firms. However, despite rapid advancement in recent years, it's generally acknowledged that legal is behind the curve in terms of innovation compared to the rest of the corporate world. It's also generally assumed that innovation relates purely to technology - meaning none but the largest companies with the deepest pockets can benefit from it. This insightful book features contributions from legal firms doing innovative things in all aspects of the field, going beyond the enabling technology - from partnering with clients to productizing services, developing external alliances, transforming the talent management function, to encouraging lawyers to invest billable time in new innovative approaches to the business and practice of law - as well as approaches to dealing with market disruption itself.
The Lawyer's Guide to the Future of Practice Management provides law firm leaders with expert opinion on the very latest guidance and market knowledge on what today's legal marketplace might look like tomorrow, organized into four crucial areas of practice management - technology, people and culture, finance and strategy - before taking a horizon-scan of the future, and what law firms need to be aware of in the coming months and years.
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.
Mid-sized law firms in today's legal marketplace are often given three choices: merge, grow, or die. That's accepted wisdom. Mid-sized firms may try to compete for profitable corporate litigation, deals and other bread-and-butter work, but everyone knows they (1) don't have the IT and other systems heft to innovate with the big players (2) don't have the scale to market and compete for global business and (3) can't attract the talent they need to go head-to-head with Big Law on major work. But what if that's wrong? What if mid-sized firms are in an ideal position to fix what's wrong with law practice today? Competitive Strategies for Mid-Sized Law Firms - a collection of essays by and about mid-sized firms - offers a new perspective.
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.
Explaining in clear terms some of the main methodological approaches to legal research, the chapters in this edited collection are written by specialists in their fields, researching in a variety of jurisdictions. Covering a range of topics from Feminist Approaches to Law and Economics, each contributor addresses the topic of 'lay decision makers in the legal system' from their particular methodological perspective, explaining how they would approach the issue and discussing the suitability of their particular method. This focus on one main topic allows the reader to draw comparisons between methods with relative ease. The broad range of contributors makes Research Methods in Law well suited to an international audience, and it is ideal reading for PhD students in law, undergraduate dissertation students in law, LL.M Research students and early year researchers.
Some law students find jurisprudence daunting, impersonal, dry and seemingly detached from practical affairs. William Twining believes that many jurists have been fascinating people struggling with questions that are both historically significant and relevant to contemporary issues. This book brings together previously published essays that centre on three related themes: reading Juristic texts, the role of narrative in law, and relations between theory and practice. Building on a pragmatic view of jurisprudence, the author explores different ways of reading and using Juristic texts, to set them in context, to bring them to life and to engage with the reader's own concerns. He applies this approach to throw fresh light on four familiar figures - Holmes, Bentham, Hart and Llewellyn. Challenging limited agendas and parochial points of view, Twining outlines a programme for a broad approach to legal theory in the context of globalization. He satirizes some bad habits in jurisprudence and explores in depth how stories can be seductive vehicles for cheating in legal contexts, yet are essential for making sense of disputes about fact or law.
The European Union Fourth Anti-Money Laundering Directive is the most sweeping AML legislation ever to have been introduced in Europe. It aims to strengthen the existing rules, prioritising the fight against tax avoidance, money laundering and terrorism financing by reinforcing the necessity of measures such as risk assessments, setting clear requirements about beneficial ownership, and expanding the definition of a politically exposed person. This second edition of Anti-money Laundering Compliance for Law Firms is intended as both handbook and guide, advising on practical implementation of the Directive's mandates and assisting European law firms in remaining compliant. It will also act as a best-practice toolkit for firms practising beyond Europe. Featuring contributions from a range of experts in the field - from barristers specialising in financial crime to compliance experts and consultants - this timely publication provides the latest intelligence on successful adherence to the Fourth Directive, along with an anticipatory exploration into the possible effects of the upcoming Fifth Directive and changes within the regulatory landscape.
The contemporary legal landscape is no longer a rigid hierarchy composed of limited and complacent behemoths, but rather an ecosystem, filled with a wide variety of players that facilitate disruption and revolution and jostle for clients' attention with agility and innovation. This includes - but is certainly not limited to - entities such as technology companies, consultants, alternative legal service providers, and paraprofessionals. Law firms are not the only ones in this environment that must adapt or fail; the legal department and in-house counsel, too, must transform in order to remain relevant and competitive. The world of the general counsel (GC) has already seen massive shifts - ever-increasing globalization has meant more legal issues and corporate activism, which in turn has generated new challenges and heightened demand. The GC cannot simply act in the role of outsourcer of work to external counsel, as in the past. With the growth of legal departments (it is now not uncommon for legal departments to number in the hundreds or even thousands, often formed of expensive lateral hires) the GC must now wear a number of hats, including that of the "CEO" of their department. The introduction of data analysis into the legal space and the oft-repeated mantra of "less with more" has meant that the GC must now think in terms of spend and budget more than ever before, transforming the legal department from a cost-center to a value-add. They must cultivate a breadth and scope of vision, able to organize and lead their department as an innovator. The flourishing legal ops role also provides yet another challenge for the GC. As the incorporation of legal ops within the law department becomes increasingly essential, the GC must work to ensure alignment and manage change. The present time has been hailed as the golden age of in-house lawyering, yet - and perhaps because of this - it is an uncertain and challenging time for the GC. Tipping Point: Transformation and Innovation in the Legal Department is intended as a handbook for the GC looking to build a truly modern legal department and revolutionize their role. Encompassing aspects from leveraging influence with the c-suite to reimagining organizational hierarchies and seeking the right operational professional, this publication features contributions from those at the frontiers of the profession as it transforms and embraces new areas of expertise.
This book is a practical guide to practice and procedure in
courts and tribunals. It is aimed at the recently qualified
practitioner, pupil barristers, trainee solicitors, or lawyers
unversed in advocacy and procedure. It provides a guide to applications in most areas of the law,
with brief discussions of the relevant law, rules of procedure and
practical tips. The applications covered are those which
practitioners are likely to encounter in their first years of
practice. In addition, each chapter attempts to anticipate likely
pitfalls, with suggested solutions. The court system and techniques
of advocacy are also covered. This is not a legal textbook, and provides no substitute for legal research. It is designed to be starting point for advocates faced with an unfamiliar task.
Much has been written about the pace of change facing the legal industry - how certain law firm functions are being replaced by artificial intelligence and new types of service providers, how accounting firms are looking to absorb and replace law firms, and how merging into worldwide mega firms of 3,000 to 10,000 lawyers is the only way to survive. Steve Jobs and others have called this evolution "creative destruction". Richard Susskind referred to it years ago as "the end of lawyers". It is true that the legal market is facing massive change. Technology, new ways of working, alternative methods of billing, and highly disruptive new entrants have all made their mark on the traditional legal business model. The Future of Law Firm Business Models takes a look at all these trends and more, horizon-scanning for future developments, and the ways in which these issues will fundamentally change the market.
Lawyers use non-trial advocacy skills in court for pre- and post-trial submissions. They are easier to learn than trial advocacy skills, and are much more relevant to the work of most new lawyers. This book examines all key aspects of criminal and civil non-trial advocacy, including bail applications, pleas in mitigation and interim applications made during the course of civil actions. Readers will learn the strategies and techniques of non-trial advocacy through seven realistic case studies: the lawyers involved discuss their strategies and deliver their arguments; the judge makes a decision; and the strengths and weaknesses of the arguments are then analyzed. With this innovative, case study approach to teaching advocacy skills, Non-Trial Advocacy provides an insight into how lawyers think and how they translate their strategies into courtroom action. The book concludes with a discussion of ethical conflicts involved in the practice of advocacy and how these affect the quality of lawyers' work in this field.
This publication is directed at both the attorney and the statistician to ensure they will successfully apply statistics in the law. The attorney will learn how best to utilize statistics while gaining an enriched understanding of the law on audits, jury selection, discrimination, environmental hazards, evidence, and torts as it relates to statistical issues. Statisticians will learn that the law is what judges say it is and to frame their arguments accordingly. Applying Statistics in the Courtroom: A New Approach for Attorneys and Expert Witnesses will increase the effectiveness of both the attorney and the statistician in presenting and attacking statistical arguments in the courtroom.
Today's law firm is an entity in flux. Economic and technological disruption - along with a range of other factors - have contributed to this change, meaning that firms are not what they used to be. It is therefore a necessity that the way they are managed also needs to change. This means, among many things, the need to corporatize the running of the firm; a move away from the focus on the billable hour towards more intangible activities such as business development and marketing and - perhaps the most important factor - the development of a new kind of leader within the legal landscape. The new kind of leader now demanded by a transformed legal profession is not readily forthcoming, however. Legal culture stresses individualism and independence, which is reinforced by firm governance, practice management, and performance management systems that are ill-suited to foster supportive and collaborative leadership practices; lawyers are trained and conditioned to be combative, autonomous, and didactic. To position oneself as a contender in a fast-moving and competitive market, the legal leader of the future must push back against these trends by acting strategically, engaging in people management, investing in their employees, and creating a working environment that places emphasis on communication, teamwork, and growth and development. Legal leadership: a handbook for future success combines the latest and most relevant intelligence from those on the frontline of law firm leadership and management, to serve as the catalyst for change and the foundation on which a strong leadership practice can be built. Drawing on their expertise and experience, our authors - ranging from behavioral psychologists to senior management figures and pofessional coaches -present a wide range of competencies and strategies to cultivate as part of a leader's personal and professional development. Whether you are already a member of your firm's senior management, or in a junior position with big aspirations, Legal leadership: a handbook for future success provides the essential tools to equip you to become a leader of the future.
The organizational competence of project management provides a solid foundation for every activity conducted by a business and the practice of law. Legal project management (LPM) provides the discipline that enables lawyers and those who manage legal work - in law firms, law departments and alternate legal services providers - to define, demonstrate and deliver greater value by balancing the scope of work, time, and resources as they strive for optimal efficiency, outcomes and client satisfaction. Although many distinguish the business of law from the practice of law, innovators in legal project management take an integrated approach. In commercial and governmental settings, practicing law is not an academic exercise, nor an end in itself. Effective legal services address a client's business needs, opportunities and risk profile, and may also implicate public policy and legal precedent. The client experience is personal as well as professional. LPM provides a framework for meeting all these challenges. Innovations in Legal Project Management profiles those who have done the difficult work of harnessing the relevant aspects of legal project management as a strategy that is explicitly aligned to a law firm's or legal department's business objectives and culture. The authors describe communication strategies and techniques to train, coach and mentor those acquiring the skills to implement legal project management practices as a core aspect of the firm's business strategy, operations, quality legal services, and focus on the client experience. All the contributors to this book are professionals who continuously see around corners in improving the legal profession. They have created value for their firms, clients, and organizations; others have advanced the legal profession. They have systematically: - Used deep insights about particular clients to create new services and ways of doing things that impact the client's business goals; - Incrementally improved the speed, value (cost/margin), and quality/ benefits of the product or service they deliver; and/or - Relied on technology that is homegrown or highly customized to meet users' needs.
The role of the professional support lawyer (PSL) first emerged in the early- to mid-1990s amongst London's Magic Circle, and quickly became essential for mid-size and even smaller firms. However, this golden period for the PSL came to an abrupt end with the global financial crisis and the subsequent recession, which rocked the legal landscape; the greatest shockwaves were inevitably felt by legal support teams, as many firms sought to maintain profitability by shifting their focus to fee-earners and cutting what was quickly perceived as superfluous business functions. The slow but steady recovery of the economy and the consequent pick-up of client demand since then has meant that the importance of PSLs to law firm operations has once again been recognised. However, the legal profession is not the same as it was before the recession; this is reflected in not only the changes in what is expected from fee-earners, but also support staff such as PSLs. Traditionally seen as a backstage position that mainly involved administrative work and the drafting of precedents, the PSL role is rapidly transforming. A PSL cannot only contribute to a firm's competitive edge by providing the traditional technical expertise; it has now become essential to perform tasks ranging from involvement in business development to the provision of training, the capture and dissemination of knowledge, product selection, and project management. This kind of flexibility is a quality that has made the role of the PSL attractive to those seeking an alternative to legal practice; however, it brings its own challenges. With such a wide variety of responsibilities and functions, it can be difficult to find relevant information on what career development might look like, or the skills needed for the progression. Identifying current issues and future challenges, too, is rendered problematic by this versatility. The Evolving Role of the PSL aims to fill this information gap.
Created by programmers from the mid-90s onwards and launched by technology disruptors in 2008 on the back of the biggest corporate failings in trust and honesty the modern world has seen, Blockchain collects facts as diverse as Wikipedia and churns them out as randomly as Alexa in a playschool. Heralded as the next big thing, blockchain has the potential to radically change the way lawyers work, and even threaten their very existence. So, what is it, and how does it work? This book, featuring opinions and experience from some of the most knowledgeable thought leaders on the subject, aims to cut through the hype and explore the many different facets of blockchain, and what it will mean for the legal profession.
The legal profession, like so many other fields, has continued to reel from the deep-reaching and significant impact of the 2008 financial crisis. In the years following the crash, a general downward turn in the demand for legal services compelled firms to tighten their belts, make tough decisions, and come up with innovative strategies in order to survive. One of these was an increased focus on profitability and different means of managing and improving it, a relatively new development for the legal industry. However, in recent years there have been small but positive signs of improvement, manifested in a gradual pick-up in client engagement, as global economies continue to slowly but steadily recover from the crash. It is definitely a better time to be a lawyer, as latent demand begins to manifest in parallel with growing client confidence in a stabilizing market, fast-paced disruptive technological innovations, and significant changes in laws and regulations. However, this does not mean that firms can afford to be complacent. The legal landscape continues to be in flux, and improvement is slow. Increased revenue and client demand does not come to firms that do not proactively seek it, nor is it achieved by those who are not applying innovative and cutting-edge techniques and strategies to the management of their firm. Of course, delivering the best service to clients should always be a top priority; however, there should also be an emphasis on running the firm like a business, which includes intensive scrutiny of expenditure and coming up with new and inventive ways to generate profit. Managing and growing a firm's profitability should not just be an exercise for difficult economic periods, but instead must be a priority at all times. Rather than being perceived as an irksome bolt-on, it is necessary to see it as a great opportunity in these times of increased business. Existing and persistent cultural norms amongst lawyers, however, means that the reform of current business practices does not always come naturally. Nor is it necessarily easy to find the right practical advice that can carry a firm through the transition. Emerging Approaches to Law Firm Profitability aims to be the ideal tool to assist with implementation, providing essential guidance for those seeking new means of maximizing their firm's capacity. Featuring advice and reflections from a wide variety of contributors, ranging from business and finance professionals to thought leaders and consultants, this book offers in-depth, intensive insight into the challenges generated by today's dynamic and hypercompetitive legal landscape. Most importantly, Emerging Approaches to Law Firm Profitability moves past the identification of these obstacles and supplies original, innovative ways of tackling them. Expert guidance is complemented by compelling case studies and effective real-world examples, supplying principles that can be applied to firms of any size or capacity.
The issue of underperformance at partner level remains incredibly agonising and sensitive in law firms. Low demand for legal services has been compounded by an increase in the competitive forces both inside and outside the legal profession. Life has become even more difficult for partners, for whom performance demands have increased at the same time as the availability of work has tailed off. Underperformance continues to affect law firms in many ways, not least of which are diminished profitability, loss of opportunity, the disaffection of high performers, challenges to the firm's values and falling morale. What is more, underperformance has to be seen not just in terms of productivity but also in terms of a more holistic approach to a firm's standards. Drawing on original and academic research from the past 8 years, and featuring contributions from law firm performance experts including Edwin Reeser, Angus Lyon, and Patrick McKenna, author Nick Jarrett-Kerr's highly anticipated Tackling Partner Underperformance 2nd Edition covers topics including: *Trends in partner performance *Understanding why partners underperform or are underproductive *Judging, rating and evaluating partners *Aligning performance with partner compensation and rewards *Supporting and rehabilitating underperforming partners *Stress and mental illness impact on performance *Systems for partner performance management *Underperformance culture *Governance, communication and conflict management *And more. Tackling Partner Underperformance 2nd Edition is arguably the most comprehensive study ever undertaken into partner underperformance in law firms, and those firms (regardless of size and location) who utilize and implement the information, advice and practical strategies for addressing this issue, will see significant differences in their productivity and ultimately profitability.
The past two decades have seen a rapidly growing involvement of
psychologists and psychiatrists in legal proceedings for criminal
cases, divorces, and traffic and industrial accidents. Mental
health professionals are traditionally not trained to cope with the
legal responsibilities that arise from their routine clinical work
and are eager to learn the professional skills that are needed in
forensic settings. There is presently no book which focuses
entirely on the strategies and verbal tactics employed by attorneys
who critically examine and challenge the testimony of mental health
professionals. If psychologists and psychiatrists can familiarize
themselves with the kind of questions and verbal exchanges that
take place in the courtroom, they would be better prepared to
provide their expertise in an effective manner. This book fills
that need.
The past two decades have seen a rapidly growing involvement of
psychologists and psychiatrists in legal proceedings for criminal
cases, divorces, and traffic and industrial accidents. Mental
health professionals are traditionally not trained to cope with the
legal responsibilities that arise from their routine clinical work
and are eager to learn the professional skills that are needed in
forensic settings. There is presently no book which focuses
entirely on the strategies and verbal tactics employed by attorneys
who critically examine and challenge the testimony of mental health
professionals. If psychologists and psychiatrists can familiarize
themselves with the kind of questions and verbal exchanges that
take place in the courtroom, they would be better prepared to
provide their expertise in an effective manner. This book fills
that need.
The discipline of knowledge management (KM) continues to evolve along with our ability to record larger and more varied kinds of information than ever before. Since its inception in the 1990s, it has passed through several stages, quickly becoming a credible field, and now an integral part of major businesses worldwide. Now, many have started to argue that KM is undergoing resurgence, possibly even transforming into KM 3.0, thanks to developments in artificial intelligence (AI). And, while AI has been around for many years, it has become a buzzword in the industry as questions loom over what it could mean for the labor market of the future. Adoption has been relatively slow in the legal profession, owing in part to its conservative nature, individual-focused training and no real incentive to overhaul the hourly billing model1. When in-house legal teams can exceed 1,000 people, sharing and reusing knowledge can easily become inefficient, with counsel often needlessly paying for the same research twice. Global intelligence software leader Comintelli estimates that $8.5 billion per year is lost between Fortune 500 companies alone on poor KM2, up from $31.5 billion in 20043, suggesting a recent rise in the number of firms embracing the concept. Despite this, there are still challenges posed to the legal world, and sharing insight is more vital than ever, not only within companies but between them. Innovations in Legal KM explores the endeavors of various legal firms - the problems they have faced, and the solutions they have developed - to improve their KM processes, and, ultimately, their bottom line.
Time - as they say - is money. It is not an uncommon fact that lawyers today spend unnecessary amounts of time seeking out information, and therefore unnecessary amounts of money. In well-established fields, change is often slow; perhaps none more so than in the legal world. Though progress is being made, uptake has been rather slow, much to the dismay of those in the information management business. Conversely to its cousin, case management, matter management should be thought of more in terms of low-volume but high-value information. The process thus lends itself nicely to forming centralized systems within organizations. It is so pervasive as to allow users to make decisions (e.g. conflict resolution) before matters are even opened, and can maintain a high level of time data accuracy and transparency via unalterable fundamental data. From innovative and simple interfaces to enhanced reporting tools, from notification systems to customizable workflows, triumphs within matter management have enabled companies to become more efficient by saving time and money, and to engage stakeholders in a meaningful way. Redefining Matter Management: A Best Practice Guide to Improving Processes and Profitability is a collection of case studies that highlights some of the most important achievements and ideas in the field today. |
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