Published in 1996, this book presents an innovative method for studying the work of professionals with clients that was applied to an evaluation study of legislation and of lawyers working with clients seeking a divorce. With the simulated client methods, the researcher plays the role of simulated or hypothetical clients with predetermined characteristics who are consulting a lawyer, the research subject. The research is carried out in the natural setting of the lawyer's office and the lawyer conducts business as usual. The method overcomes problems of access due to client confidentiality that are commonly found in research of professional groups. It is a qualitative but focused method for evaluation research which has strengths for making comparisons across professional practice. The book will be useful to those conducting research on professionals and other elite groups working with clients as well as those interested in the socio-legal study of legal professionals. This book was originally published as part of the Cardiff Papers in Qualitative Research series edited by Paul Atkinson, Sara Delamont and Amanda Coffey. The series publishes original sociological research that reflects the tradition of qualitative and ethnographic inquiry developed at Cardiff. The series includes monographs reporting on empirical research, edited collections focussing on particular themes, and texts discussing methodological developments and issues.

Everything you need to enter the exciting field of legal mediation

To be an effective mediator, it's essential to possess the ability to take control of animated situations, offer advice, and facilitate discussion--all the while remaining neutral without formulating biased judgment. "Success as a Mediator For Dummies" helps you acquire these attributes and much more.

Aspiring mediators will learn the importance of upholding an honorable reputation, the skills, personality traits, and characteristics of a good mediator, and how to effectively market a successful mediation career. Plus, you'll get practical advice about finding work in the field, realistic salary information, and tips on as tips on identifying whether you have the skills and tools to become a good mediator.The steps necessary to become a mediator (education, training, licensing, states-specific requirements, etc.)How your education and professional background can enhance your mediation workSample rules and standards of conductAll the steps necessary to build and market a successful private practice in mediation, or flourish as a mediator in a law firm, corporation, school, or non-profit organization

Whether you have a background in law or an interest in legal careers, "Success as a Mediator For Dummies" gives you everything you need to enter the exciting field of legal mediation.

Paying For Residential Care: A Guide For Private Client Practitioners is authored by Austin Thornton, co-author of the previous editions of this title. The new edition is a complete rewrite, which has been necessitated by the introduction of the Care Act 2014 and the repeal of the previous law. In a departure from the second edition, the book includes a full section on the legal basis for NHS continuing care eligibility and how to pursue appeals. It provides comprehensive cover of the Care and Support (Charging and Assessment of Resources) Regulations 2014, and will assist advisors in risk assessing the use of family trusts. It is hoped that this work will allow those advisors who are prepared to put in the work necessary to learn the material to make a decent job of arguing with councils and the NHS on the range of topics that are covered. The ultimate aim of this book is therefore to assist the public by enabling lawyers and other advisors to assist them.

Successfully managing a change initiative is no simple feat, regardless of the size of the firm - distilling the process of change into a workforce takes careful planning and support. Change is stressful and difficult for people to process and accept, as we often cling to what we know. This is especially true of lawyers, who are notoriously averse to change. However, the legal sector has begun to rapidly transform - and the firms that don't change with it are going to struggle to stay relevant. In these turbulent times for firms, change initiatives must be properly managed to ensure the whole firm can successfully shift to the new norm and stick to it. Without the proper support and management, a firm runs the risks of alienating their workforce - who will not take well to sudden and imposed change. Managing Legal Change Initiatives looks to illustrate the best methods of introducing and managing change in a sector that is known for being adverse to it. The book highlights the critical obstacles and pitfalls that law firms will face during transitional periods, and outlines some of the best methods of approaching organizational change; from building a change framework to follow, to encouraging a shift in partner behavior through the compensation strategy. This new book also explores why change is so difficult for individuals - with discussion of the neuroscience behind change, and the role of emotional intelligence in leaders to help garner a transformation. With the disruptions to legal services predicted to continue for some time, it will be those firms who adapt, put into place, and act upon a change management strategy that will be the ones capitalize on changes to come.

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.

The pricing of legal services is no longer simply about setting rates. Properly optimizing a firm's pricing strategy is a critical source of competitive advantage and increased profitability, which now more than ever is crucial to staying relevant in the legal sector. Firms must start looking to demonstrate their ability to provide clients with greater value through alternative fee arrangements, effectively controlled budgeting methods, and the integration of innovative firm management practices - whilst continuing to operate as a profitable business. Standard business principles have become the norm for firms - as clients become increasingly proficient in negotiating costs and defining the scope of engagement, service delivery must now be framed by value, expertise, and profitability rather than hours billed alone. With contributions from pricing directors and expert consultants, Practical Innovations in Legal Pricing offers insight into newest effective approaches to pricing that top firms are undertaking. Taking an in-depth look at the role of shadow-billing and client collaboration in AFAs, integrating a firm's legal project management and pricing functions for greater client benefits, and effectively executing a newly formed pricing strategy, this title will provide a comprehensive overview of the best practices in innovative pricing functions.

The lack of women in power positions represents a poor return on investment for law firms, and could be costing them far more than they think in both economic and cultural terms. Quite aside from the widely accepted understanding that more diverse teams perform better, research shows that it actually costs more and takes longer to replace female partners than their male colleagues. Moreover, the scarcity of women mentors could be having a long-lasting effect on up-and-coming female associates. The problem is far from new but law firms' usual answers - business development training, diversity programs, investment in "women's initiatives" - doesn't seem to be having much of an effect, despite the collective millions firms are spending on these. The numbers of women attaining power positions in law firms have remained static for decades. By contrast, the percentage of women holding GC positions in Fortune 500 companies is growing, and women are increasingly likely to be found in in-house roles. Packed with fascinating insight, experience, and research from a broad range of lawyers, coaches, academics, thought leaders, and consultants, Beyond Bias: Unleashing the Potential of Women in Law considers just how much firms are costing themselves by failing to promote and retain talented women, the reasons their efforts have so far seen so little return, and the practical steps they can take to start to move the needle. We'll also consider what women can do more of to create and seize opportunities, claim credit where it's due, and get the most out of their business development efforts, wherever they practice. "Beyond Bias redresses some ancient wrongs with practical observations although who can say where we are going and where we will end up: the book is a major start on this new road so do read it soon." review by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, "The Barrister". See the full review here.

Obtaining an accurate and comprehensive overview of performance throughout the firm is no easy undertaking - there are numerous aspects of the firm to inspect and many varying streams of information to consider. From individual partner performance to firm-wide cash flow, correctly measuring and managing performance involves a keen eye on both the micro and macro aspects of the firm. Measuring and Managing Performance for Law Firms offers an overview of the measurement and metrics that firms can employ to effectively manage their work force and firm-wide performance. Discussing a range of topics from metrics that stimulate innovative thinking, effectively managing high-performance teams and dealing with stress in the work place, and implementing "balanced scorecards" and "opportunity scoring assessments" to track firm performance and effectively utilize internal information resources.

It its first two editions The Winning Brief explained the art of effective writing in 100 concise, practical, and easy-to-use tips, proving that the key to writing well is to understand the judicial readership. This third edition of Bryan A. Garner's modern classic delivers the same invaluable guidelines with even more supporting evidence. Covering everything from the rules for planning and organizing a brief to openers that can capture a judge's attention from the first few words, these tips add up to the most compelling, orderly, and visually appealing brief that an advocate can present. In Garner's view, good writing is good thinking put to paper. "Never write a sentence that you couldn't easily speak," he warns - and demonstrates how to do just that. Every tip begins with a set of quotable quotes from experts, followed by Garner's masterly advice on building sound paragraphs, drafting crisp sentences, choosing the best words ("Strike pursuant to from your vocabulary."), quoting authority, citing sources, and designing a document that looks as impressive as it reads. Throughout, Garner shows how to edit for maximal impact, using vivid before-and-after examples that apply the basics of rhetoric to persuasive writing. In this much-expanded third edition, Garner has perfected the text with nine new tips, hundreds of new examples, and amplified explanations throughout-all in his trademark style. Among the new sections are tips on understanding judges' reading habits, answering opponents' arguments, writing effective reply briefs, using authorities persuasively, and organizing arguments based on statutes and contracts. Quotable quotes, which Garner carefully assembled after years of wide reading and close study, have been expanded and improved throughout the book. There is also a new appendix on a remarkable brief that some consider the best ever written ("a beautiful marriage of rhetorical skill, thorough research, and humane lawyering"). Perhaps the biggest change to this edition is that every tip now ends with a summary checklist that recaps and crystalizes the subpoints just covered, with further ideas for improvement. Garner conceived these checklists in part as a way to help readers approach his book as a set of 100 tutorials. Reviewing and practicing each tip will offer brief-writers a degree of mastery that more cavalier colleagues will find difficult to equal. An invaluable resource for attorneys, law clerks, judges, paralegals, law students and their teachers, The Winning Brief has the qualities that make all of Garner's books so popular: authority, accessibility, and page after page of techniques that work. If you're writing to win a case, this book shouldn't merely be on your shelf-it should be open on your desk.

The Ultimate Logbook for Ease of Use and Client Privacy As a notary, you need an easy way to keep track of your clients and documents, but most notary logbooks out there just aren't quite right. The boxes are too small, or there are too many entries crammed on a page, making it difficult to use and even more difficult to keep your clients' privacy intact. The carefully designed and thoroughly tested layout in this logbook addresses all of these problems and more, making it the ultimate tool for your notary business. Valid in all 50 states and offering features like large type, oversized entry boxes, layflat binding, and just one entry per page, this logbook makes sure both you and your clients' needs are acknowledged and addressed.

Many law firms today are far too focused on increasing market share; they should be paying attention to what makes them a more profitable business. Market share doesn't matter much if you're not profitable, and firms cannot simply grow their way to prosperity by undercutting the competition. Instead, firms must focus on value creation and increasing clients' willingness to pay for their services. The question should be: "What can your firm do better, or more efficiently, and more profitably than anyone else?" The Mechanics of Law Firm Profitability: People, Process, and Technology examines why a focus on profitability and metrics is reshaping law firm operations and matter management; how to define the bottom line and to distinguish between "good" revenue and "bad"; and how to change the dialogue from "hours and revenue" to "revenue and profit", while changing the mindset from increasing market share to simply running a profitable business. The Mechanics of Law Firm Profitability covers topics including: + The "every dollar is a good dollar" fallacy: The difference between good and bad revenue + Increasing profitability by improving client intake + Using KM to increase firm profitability + Pricing, profitability, and compensation + Measuring different practice groups, differently + Four challenges in managing law firm profitability + Strategy and culture driving effective use of people, process, and technology + Profitability and the Concept of `Managing on the Edge' - Why It Is Important to Regional Law Firms And brings together the sought-after advice of a wide variety of experts including: + Toby Brown, chief practice management officer, Perkins Coie + Mike Roster, co-chair ACC Value Challenge and former managing partner of Morrison and Foerster's LA office + Jack Bostelman, president KM/JD Consulting LLC + Chris Boyd, senior director of professional services, Wilson Sonsini Goodrich & Rosati + Jim Hassett, founder of LegalBizDev + Wendy Wen Yun Chang, partner, Hinshaw & Culbertson LLP + Keith Maziarek senior director of client value, Perkins Coie + James G. Perkins, chief operating officer and chief compliance officer, Procopio + Mark Voigtmann, partner; Steve Petrie, chief strategy officer; Vanessa Savoie, senior strategic analyst & pricing analyst; and Tom Snavely, manager legal process improvement & project management, Faegre Baker Daniels The Mechanics of Law Firm Profitability: People, Process, and Technology provides practical and proven tips for all law firm leader on adjusting current processes and identifying opportunities for future profitability within their firms.

"For those lawyers who fall into that group of wanting to better understand AI, there may be no better starting point than Robots in Law" -Robert Ambrogi, Above The Law Although 2016 was the breakthrough year for artificial intelligence (AI) in legal services in terms of market awareness and significant take-up, legal AI represents evolution rather than revolution. Since the first `robot lawyers' started receiving mainstream press coverage, many law firms, other legal service providers, and law colleges are being asked what they are doing about AI. Robots in Law: How Artificial Intelligence is Transforming Legal Services is designed to provide a starting point in the form of an independent primer for anyone looking to get up to speed on AI in legal services. The book is organized into four distinct sections: Part I: Legal AI - Beyond the hype Part II: Putting AI to work Part III: AI giving back - Return on investment Part IV: Looking ahead The first three present an in-depth overview, and analysis, of the current legal AI landscape; the final section includes contributions from AI experts with connections to the legal space, on the prospects for legal AI in the short-term future. "AI is here now. And going to work in law firms. In the second half of 2016, hardly a week went by without some firm, academic or start-up announcing an innovation. Anyone inclined to dismiss this entirely as hype should read Robots in Law. In 150-odd pages we get a clear round-up of what is happening plus (perhaps more interestingly) some predictions from the best human brains in the business about what it all means." - Michael Cross, editor, The Law Society Gazette Along with the emergence of New Law and the burgeoning lawtech start-up economy, AI is part of a new dynamic in legal technology and it is here to stay. The question now is whether AI will find its place as a facilitator of legal services delivery, or whether it will initiate a shift in the value chain that will transform the legal business model. "This book, is recommended for all those wanting to catch up with AI, or those needing to catch up (whether they want to or not). That is pretty much all of us." - Laurence Eastham, Editor of Computers & Law, The Society for Computers and Law Magazine

This inspirational handbook is packed with hundreds of proven tools, tips, and techniques for increasing revenue and forging relationships with clients and colleagues that will last you a lifetime. The rainmaking secrets revealed will enable you to: Find practice niches; Apply alternative fees; Accelerate cross-selling; Categorise your key targets; Use social media effectively; Identify and build personal strengths; Deliver exceptional levels of client service; Build powerful internal and external networks; Get client meetings and maximise their effectiveness; Improve lateral success and enhance lateral integration; and Make business development a career-long, sustainable process. Secrets of the Masters features a highly regarded team of over two dozen law firm marketing and business development experts who offer their insight, experiences, and real-world tips on attracting, retaining, and growing your client base. Each chapter also includes an extensive range of business development approaches and mini case studies, along with a useful planning worksheet which prompts you to make decisions and take action. PLUS...Within the complimentary CD-Rom you'll find all the supporting worksheets and checklists featured throughout the book, along with a personal business development plan template to help you tailor your strategies. "Secrets of the Masters" is the most comprehensive, yet practical "how to" guide I've seen for developing business in the legal industry. Whether you're a young lawyer starting to build a practice and reputation, or a seasoned practitioner looking to achieve the next level of success, this book is your roadmap. Simply stated, if you heed its principles, you will make more money." - Jonathan Fitzgarrald, Chief Marketing Officer of Greenberg Glusker and author of BADfortheBRAND.com

For technology in the law office courses Comprehensive Coverage of Law Office Technology Technology in the Law Office is a thorough and up-to-date guide to navigating the constantly changing technology used in the modern-day legal world. Exploring recent phenomenon such as the switch to Apple-based software and paperless offices, this text is the timeliest reference for students, paralegals, and law office workers in regards to law software and technology. Thoroughly updated for this edition, the Goldman Technology Resources Website features links to vendor soft downloads, tutorials, and instructional videos. Students are also provided with a solid background in the ethics and implications of using technology in legal practice, allowing them to not only understand how to use such technology, but how to use it correctly and justly. Also Available with CourseConnect with the Virtual Law Office Experience This edition is also available with a CourseConnect Online Course for Technology in the Law Office. The CourseConnect Online Course now includes Virtual Law Office Experience modules. The modules place the student in the position of working in a law office, allowing them to put technology into practice. Students, if interested in purchasing this title with the CourseConnect Online Course, ask your instructor for the correct package ISBN. Instructors, contact your Pearson representative for more information.

This new edition of Criminal Defence offers a step-by-step guide to practice and procedure in all of the criminal courts. It covers the process in detail, from the role of the defence solicitor, through to shaping a case at the police station, to preparing for trial and finally action after acquittal or conviction and sentence. It also contains specific chapters on youths and clients at a disadvantage. Based on up-to-date case law, it is a best practice guide to being a criminal solicitor and complements the goals of the Law Society's Criminal Law Accreditation Scheme.

The fourth edition of this bestselling guide to money laundering compliance has been updated to take account of significant developments in legislation and best practice including: - the replacement of the Money Laundering Regulations 2007 with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 - the replacement of the Law Society's practice note with the Legal Sector Affinity Group's guidance - the introduction of the Criminal Finances Act 2017 - the National Crime Agency succeeding the Serious Organised Crime Agency. User-friendly and practical, the book provides an overview of the substantive law and guidance on reporting suspicions, managing money laundering procedures and spotting money laundering activities in a solicitor's practice, as well as the full text of the Anti-Money Laundering Guidance for the Legal Sector, making it an essential resource for ensuring compliance.

Written by leading authors with extensive experience in both teaching and practice, this established and trusted title equips the student with all the techniques of legal research, analysis, and argument they will need for their law course and beyond. Holland & Webb take an engaging and practical approach with examples and exercises throughout which allow students to develop their knowledge and their reasoning skills making this an ideal text for first year students. Digital formats and resources The eleventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The ebook offers a mobile experience and convenient access along with functionality tools, navigation features and links that extra learning support: www.oxfordtextbooks.co.uk/ebooks - The accompanying online resources include multiple choice questions for each chapter, links to useful websites and a guide to using Halsbury's Laws. For futher insight into legal skills, visit legaleducation.wordpress.com.

This handbook gives legal practitioners, students and new mediators practical guidance on the mediation process. Drawing on her experience as a mediator, academic and a businessperson, Marjorie Mantle takes a down-to-earth approach to mediation, pointing out the pitfalls as well as the benefits.

This book on Legal Education was written based upon many of the author's experiences as professor and dean. The author noted that there is relatively few literature and research about legal education and felt it was necessary to discuss legal education in present times. The book focuses on many issues such as teaching itself, employability, mission and focus of law schools, the future of law schools in this age of internationalisation, student intake, the link with the labour markets and many other issues. One of the conclusions is that law schools will have to seek their own position and niche and that law schools will have different roles. This book also focuses on the need for law school deans and leaders to set clear missions and strategies and work towards education with all the necessary skills and knowledge, which the students can take with them far into the 21st century. No teaching as we did for many years, but analysing what lies ahead and what is needed for future careers.

Socio-legal researchers increasingly recognise the need to employ a wide variety of methods in studying law and legal phenomena, and the need to be informed by an understanding of debates about theory and method in mainstream social science. The papers in this volume illustrate how a range of topics, including EU law, ombudsmen, judges, lawyers, Shariah Councils and the quality assurance industry can be researched from a socio-legal perspective. The objective of the collection is to show how different methods can be used in researching law and legal phenomena, how methodological issues and debates in sociology are relevant to the study of law, and the importance of the debate between "structural" and "action" traditions in researching law. It also approaches the methodological problem of how sociology of law can address the content of legal practice from a variety of perspectives and discusses the relationship between pure and applied research. The editors provide a critical introduction to each of the six sections, and a general introduction on law, sociology and method. The collection will provide an invaluable resource for socio-legal researchers, law school researchers and postgraduates.

"The occasional flashes of insight and the unique perspectives of the participants make this book invaluable for students doing research on the judicial process."--"CHOICE"

"Fascinating, spirited, and unique. This unusual book offers fresh illumination about what judges do and why they do it."
--Cass R. Sunstein, University of Chicago

"The format suggests that one has been invited into a special, high-level conversation where we can glimpse the uncensored converstation of thoughtful and seasoned jurists."--"The Law and Politics Book Review"

Law, politics, and society in the modern West have been marked by the increasing power of the judge: the development of constitutional justice, the evolution of international judiciaries, and judicial systems that extend even further into social life. Judges make decisions that not only enforce the law, but also codify the values of our times.

In the summer of 2000, an esteemed group of judges and legal scholars met in Provence, France, to consider the role of the judge in modern society. They included Robert Badinter, former president of the Constitutional Council in France; Stephen Breyer, Justice of the Supreme Court of the United States; Antonio Cassese, the first president of the International Criminal Tribunal for the former Yugoslavia; Dieter Grimm, former vice president of the Constitutional Court of Germany; Gil Carlos Rodriguez, president of the Court of Justice of the European Union; and Ronald Dworkin, formerly of Oxford University, now professor of philosophy and law at the New York University Law School. What followed was an animated discussion ranging from the influence of the media on the judiciary to the development ofan international criminal law to the judge's consideration of the judge's own role. Judges in Contemporary Democracy offers a rare and intimate glimpse into the powers and the role of judges in today's society.

"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.

While much fundamental research in the recent past has been devoted to the criminal jury in England to 1800, there has been little work on the nineteenth century, and on the civil jury . This important study fills these obvious gaps in the literature. It also provides a re-assessment of standard issues such as jury lenity or equity, while raising questions about orthodoxies concerning the relationship of the jury to the development of laws of evidence. Moreover, re-assessment of the jury in nineteenth-century England rejects the thesis that juries were squeezed out by judges in favour of market principles. The book contributes a rounded picture of the jury as an institution, considering it in comparison to other modes of fact-finding, its development in both civil and criminal cases, and the significance, both practical and ideological, of its transplantation to North America and Scotland, while opening up new areas of investigation and research. Contributors: John W Cairns Richard D Friedman Joshua Getzler Roger D Groot Philip Handler Daffydd Jenkins Michael Lobban Grant McLeod Maureen Mulholland James C Oldham J R Pole David J Seipp

Based on sophisticated demographic analysis, Legal Construct, Social Concept argues that legal doctrine on social issues is shaped by the needs and values of society rather than by individuals and interest groups and that it evolves in response to social change but has little impact on that change. The book also explains why a substantial body of social science research has found that although law may be effective for some types of economic problems, its impact on social problems is generally small and of brief duration. At least in the United States, legal doctrine seems to operate primarily to provide symbols that enhance commitment to the social system and increase the cohesiveness of the system.

Barnett's approach to legal thought derives from the practices and assumptions of the social sciences, particularly sociology, and not from those of critical legal studies. His main concern is with social issues issues that substantively differ from economic issues. In addressing legal thought on social problems with the conceptual framework and quantitative techniques of macrosociology, he considers a topic that is infrequently investigated and employs an approach that is infrequently used.

To illustrate this thesis, Barnett presents data on social patterns relevant to three current issues: sex discrimination, age discrimination, and the availability of contraception and abortion. His analyses of these data are compared to constitutional philosophy, judicial rulings, and federal statutes. Barnett then turns from the evolution of legal doctrine in the past to its possible change in the future and considers whether active forms of euthanasia are likely to be legalized. He concludes with an exploration of additional issues for future research and theory.

Over the past decade, the European Union and national policy-makers alike have paid more attention to childhood poverty and children's rights. Whether this has led to better policies, and whether these policies have in turn resulted in less childhood poverty and more human dignity, remains debatable. Children's rights may provide some common ground for the different perspectives on the causes of poverty. They also introduce specific process requirements, in particular the participation of the poor. At the same time, children's rights may gain from an encounter with child poverty studies, not least in grasping the complexity of child poverty and in making a realistic assessment of their own potential for addressing child poverty. This book introduces several approaches in the field of child poverty and children's rights studies, and identifies intersections between different theoretical approaches from both domains. It is a collaborative project of Centrum OASeS and the UNICEF Chair in Children's Rights, both located at the University of Antwerp. The Chair, established in 2007, acts as a knowledge broker of children's rights within the academic community and between the academic community and policy and practice, through teaching, research, and service to the community. The research topics of the Centrum OASeS include poverty and other forms of social exclusion, ethnic minorities, urban policy, social economy and supported employment, and social networks.