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Books > Law > Jurisprudence & general issues > Legal skills & practice
In this groundbreaking book, Randall Kiser presents a multi-disciplinary, practice-based introduction to the major soft skills for lawyers: self-awareness, self-development, social proficiency, wisdom, leadership, and professionalism. The work serves as both a map and a vehicle for developing the skills essential to self-knowledge and fulfillment, organizational respect and accomplishment, client satisfaction and appreciation, and professional improvement and distinction. It identifies the most important soft skills for attorneys, describes and applies hundreds of studies regarding psychology, law, and soft skills, and provides concrete steps and methods to improve soft skills. The book should be read by law students, attorneys, and anyone else interested in how lawyers should practice law.
Very Short Introductions: Brilliant, Sharp, Inspiring Everyone negotiates. Whenever any person, company, or country needs someone else to accomplish something, they must negotiate. Negotiation is essential for peace and international relations, but also for economically efficient trades and bargains in business, and for problem solving skills in workplaces, families, and interpersonal interactions. This Very Short Introduction provides a comprehensive and accessible review of both conceptual and behavioural approaches to the human process of negotiation. Carrie Menkel-Meadow draws on research in constituent fields of human psychology, diplomacy, law, business, anthropology, game theory, decision making, international relations, sociology, public policy, and economics, suggesting models for creative problem solving to often intractable problems. Considering that most people are tense and frightened of what they perceive to be scarce resource confrontations with opponents and competitors, Menkel-Meadow offers different ways to plan for and approach others to solve human problems and seek solutions that satisfy both parties. Alongside this, Menkel-Meadow summarises recent research on the variations of human behaviour, providing vivid examples from history and current affairs to solve some of the most difficult problems. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Criminology Skills covers both criminological study skills and research skills in one volume, giving students the skills they need to succeed in the study of criminology. A three-part structure covers finding source materials, academic skills, study skills, and research methodology, guiding students through a range of skills and methods which they will need to practise and demonstrate in their degree. Topics covered include finding and evaluating criminological resources, referencing and avoiding plagiarism, preparing for exams, planning a research project, data analysis and much more. Criminology Skills first helps students to establish a strong and comprehensive skills foundation before building to a more advanced level, increasing their competence and confidence with which to approach projects. Digital formats and resources The third edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources that support the book include: -Practical exercises -Animated walk-throughs showing how to use online databases -Activities to help students test their understanding of ethical considerations and of the differences between quantitative and qualitative research methods
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.
This is a coursebook designed for students of translation, which will also benefit professional translators as it covers key issues in contemporary legal translation. The book is divided into two main parts. The first, theoretical part, explores issues such as types of legal texts, readership, communicative purpose, global and local strategies, and modality in addition to analysing the common features of legal discourse in both languages, be they lexical, syntactic, or textual. The second, practical part, discusses issues such as legal rights, contractual obligations, torts, crimes, people and law. It focuses on all types of legal texts, regardless of their classification and examines legislative texts, which have acquired a certain degree of notoriety rarely equalled by any other variety of English.
No occupation in America supplies a greater proportion of leaders than law. They obviously lead law firms, but they also sit at the helm of a vast and diverse array of businesses across America, including 10 percent of S & P 500 firms. And of course, a strikingly large percentage of our political leaders are attorneys, including half the members of Congress. This raises two obvious questions: why do we look to lawyers to lead, and why do so many of them prove to be so untrustworthy and unprepared? In Lawyers as Leaders, eminent law professor Deborah Rhode not only answers these questions but crafts an essential manual for attorneys who need to develop better leadership skills. She contends that the legal profession attracts a large number of individuals with the ambition and analytic capabilities to be leaders, but often fails to develop other qualities that are essential to their effectiveness. The focus of legal education and the reward structure of legal practice undervalue the interpersonal skills and ethical commitments necessary for successful leadership. Although some lawyers are sufficiently gifted to need little reinforcement, Rhode shows that the vast majority of law school graduates need to develop the leadership characteristics that she profiles. They know it too. According to one survey, almost 90 percent of attorneys stated that their law schools did not teach them leadership skills. Given the importance of the topic, it is surprising how little the profession has done to develop leadership skills. The first serious treatment of the subject, Lawyers as Leaders will be essential to law school instructors who teach leadership courses (a growing field) and any attorney who finds him or herself in a management position.
LEGAL ANALYSIS AND WRITING, 4TH EDITION helps you analyze statutes and case law and draft legal memoranda. In addition to the fundamentals of good writing, legal or otherwise, the book illustrates how to analyze and brief cases, identify key facts and legal issues, and apply case law and counteranalysis to legal matters. Going beyond mere explanations, the book shows you how to apply concepts to hypothetical situations, draft legal memoranda and correspondence, and scrutinize legal citations and Web research to develop a thorough understanding of the analytical and writing responsibilities you will undertake as a paralegal. Legal Analysis and Writing, 4th Edition is a robust resource that includes a host of available supplemental tools designed to enhance learning.
This book analyses the key skills that a lawyer needs to handle a case effectively, a topic that is not covered coherently in any other book. At a time of rapid and wide-ranging change in the delivery of legal services, the current edition involves a complete reworking of the last edition to take into account the implications of the implementation of the Jackson Review, and to see effective litigation clearly in the context of concerns about funding, case management by the court, costs, and the growing use of alternative dispute resolution. The book has a strong focus on the needs of the legal practitioner, the decisions to be taken at each stage of a case, and the criteria to apply in making those decisions. This is all securely based in references to relevant Civil Procedure Rules and decided cases, with checklists and commentary to assist in the project management of a case. The book also focuses on the skills a lawyer needs to work effectively. This includes skills in dealing with a client, drafting legal documents, and presenting a case in court. Throughout the work the emphasis is on demonstrating how to use law effectively, how to develop a case, and how to present persuasive arguments. Lawyers operate in an increasingly complex environment, faced with challenges in funding a case, in managing a case to avoid sanctions, and in using complex rules to best effect. The author addresses the use of legal knowledge and skills within this rapidly changing context, bearing in mind not least that the pace of change is likely to continue with the developing use of IT, and the widening use of alternative business structures. In putting together skills and law in a fully up-to-date context, A Practical Approach to Effective Litigation brings together the sound knowledge of the law and the legal skills an experienced litigator will use to get the best results for clients in a real-world context. It will be of use to anyone in the early years of legal practice, experienced solicitors who have had limited involvement with civil litigation, and those training to be a barrister or solicitor.
Throughout history, the American legal profession has tried to hold
tight to its identity by retreating into its traditional values and
structure during times of self-perceived crisis. The American Legal
Profession in Crisis: Resistance and Responses to Change analyzes
the efforts of the legal profession to protect and maintain the
status quo even as the world around it changed. Author James E.
Moliterno, consistently argues that the profession has resisted
societal change and sought to ban or discourage new models of legal
representation created by such change. In response to every crisis,
lawyers asked: "How can we stay even more 'the same' than we
already are?"
This volume examines the linguistic problems that arise in efforts to translate between law and the social sciences. We usually think of "translation" as pertaining to situations involving distinct languages such as English and Swahili. But realistically, we also know that there are many kinds of English or Swahili, so that some form of translation may still be needed even between two people who both speak English-including, for example, between English speakers who are members of different professions. Law and the social sciences certainly qualify as disciplines with quite distinctive language patterns and practices, as well as different orientations and goals. In coordinated papers that are grounded in empirical research, the volume contributors use careful linguistic analysis to understand how attempts to translate between different disciplines can misfire in systematic ways. Some contributors also point the way toward more fruitful translation practices. The contributors to this volume are members of an interdisciplinary working group on Legal Translation that met for a number of years. The group includes scholars from law, philosophy, anthropology, linguistics, political science, psychology, and religious studies. The members of this group approach interdisciplinary communication as a form of "translation" between distinct disciplinary languages (or, "registers"). Although it may seem obvious that professionals in different fields speak and think differently about the world, in fact experts in law and in social science too often assume that they can communicate easily when they are speaking what appears to be the "same" language. While such experts may intellectually understand that they differ regarding their fundamental assumptions and uses of language, they may nonetheless consistently underestimate the degree to which they are actually talking past one another. This problem takes on real-life significance when one of the fields is law, where how knowledge is conveyed can affect how justice is meted out.
Legal Research: A Practitioner's Handbook provides practical advice on every aspect of effective legal research: problem analysis, selecting and finding the best sources; and presenting results effectively. This third edition has been thoroughly updated, taking into account the increasing popularity of commercial databases aimed at UK law practitioners; the overhaul of a number of government and other official sites (national and international); and significant changes to directions by UK courts relating to the conduct and presentation of legal research. New material on the use of social media in legal research, business information and making use of a law firm's internal precedents has also been added. Part A covers problem identification and analysis, followed by advice on how to select the best sources and formats (paper or electronic) for research. Part B deals with the information most frequently sought by practitioners, listing sources with analytical comments and, for a selection of the most complex, 'how to use' instructions developed to a standard template. Jurisdictional coverage includes England, Wales, Scotland, Northern Ireland and the European Union, with the addition of information on key sources in European human rights and international law. Part C details sources on how to make the presentation of the results of legal research more effective. These three parts are supplemented by Part D, which describes in non-technical language how a practitioner might get the best value for money when buying information, whether print or online, from commercial law publishers. Extensive appendices provide indexes to abbreviations for Acts, journals and law reports; a glossary of technical terms used in legal research; a summary of the practice directions, statements and decisions of the UK courts relating to legal research; a table of guidance on how to devise more effective searches on the four most popular commercial databases; and a popular names index for legislation and cases relating to the UK and the EU
Human Rights Law provides trainee and practising solicitors with a comprehensive overview of human rights law and the sources of human rights protection in Ireland. The book lays out the foundations of human rights law and considers the protections afforded at national, European and international level, charting the integration of the ECHR into Irish law and the role of the UN. Featuring chapters on due process, liberty, freedom of expression, equality and the right to life and bodily integrity, it offers a unique discussion of key human rights from the perspectives of Irish, ECHR and EU law. Useful guidance on refugee and immigration law is also provided. This fourth edition has been fully updated to cover all recent legislative changes and case law. The manual's thorough approach and practical focus make it an essential reference not only for trainee solicitors on the Professional Practice Courses, but also for students, academics and practitioners in the field.
Mergers and acquisitions of law firms of all sizes have become increasingly common as competition for talent and business intensifies and leading firms dominate the market in size and profitability. Lawyers and law firm leaders contemplating the future of their firms need to understand the changing dynamics of the market, and the ways in which mergers and other combinations may or may not help them fulfil their aspirations. Law Firm Mergers offers both law firm leaders and all partners a way to approach the issues, highlighting the best practices gleaned from successful combinations. Beginning with an overview of the forces driving consolidation, it discusses how to formulate and get buy-in for a strategy and how to view a merger as a potential vehicle to accelerate progress. It looks at the advantages and disadvantages of combining with other firms, and offers practical insights about the process - from the best ways to identify and evaluate potential merger candidates, to how to approach those firms, to navigating the negotiations, and common deal terms that can bridge differences over crucial factors such as compensation, capital, and governance. Beyond the financial and strategic challenges faced by firms evaluating a merger, this title also delves into the cultural and human issues that can make or break a merger, from the best way to handle sticking points in negotiations to the ways in which firm leaders can muster support internally and head off opposition from their own partners. Full of practical tips and laced with candid, first-hand insights from leaders who have successfully guided their firms through mergers, this Special Report will be the essential guide for a successful and prosperous law firm merger.
According to masculinities theory, masculinity is not a biological imperative but a social construction. Men engage in a constant struggle with other men to prove their masculinity. Masculinities and the Law develops a multidimensional approach. It sees categories of identity--including various forms of raced, classed, and sex-oriented masculinities--as operating simultaneously and creating different effects in different contexts. By applying multidimensional masculinities theory to law, this cutting-edge collection both expands the field of masculinities and develops new thinking about important issues in feminist and critical race theories. The topics covered include how norms of masculinity influence the behavior of policemen, firefighters, and international soldiers on television and in the real world; employment discrimination against masculine cocktail waitresses and all transgendered employees; the legal treatment of fathers in the U.S. and the ways unauthorized migrant fathers use the dangers of border crossing to boost their masculine esteem; how Title IX fails to curtail the masculinity of sport; the racist assumptions behind the prison rape debate; the surprising roots of homophobia in Jamaican dancehall music; and the contradictions of the legal debate over women veiling in Turkey. Ultimately, the book argues that multidimensional masculinities theory can change how law is interpreted and applied.
The term "gender" was first distinguished from "sex" in the 1950s when psychologists began to discuss the idea of "gender roles," behaviors and responsibilities given to people by a society rather than flowing from their biology. Since then, leaders across disciplines have sought to better understand the roles of biology, psychology, and culture on gender. New language has emerged alongside rich scientific inquiry and research. Increased visibility of transgender and nonbinary communities has brought awareness to a range of gender diverse experiences, while legal battles, wage disparities, and health inequities continue to prove gender's relevancy in today's world. In this book, Laura Erickson-Schroth and Benjamin Davis guide readers through the knowns and unknowns of gender, asking questions such as: What is the difference between sex, gender identity, and gender expression? Were ancient societies matriarchal? How different are male and female brains, really? What role does language play in the ways we think about gender? What do we know about sex and gender in non-human species? What are the current frontiers in gender equality? Gender: What Everyone Needs to Know (R) is an easy-to-read guide that takes readers on a much-needed tour of perspectives on gender and identity in the 21st century. The book is written in a question-and-answer format, and Erickson-Schroth and Davis cover topics such as current definitions; the history of gender as concept; the role of biology, psychology, and culture on gender; and gender norms over time and across the globe.
This practical guide to developing leadership skills in policing
examines the qualities that make up a good leader, providing a
variety of examples of good leadership approaches in various
policing contexts. Police organizations are increasingly
recognizing the role of leadership at every level of the police
hierarchy; with police officers involving themselves with
partnership work, attending and facilitating public meetings and
heading neighborhood policing teams, as well as their more
traditional police work.
Providing public access to educational material from schools and universities, research and teaching is viewed politically as a means of survival for industrialized countries that have few natural resources, like Germany. The author examined the conditions that provide for success in research and teaching by means of a legal comparison of the copyright laws in Germany and Sweden.
Anyone who has attended law school knows that it invokes an important intellectual transformation, frequently referred to as "learning to think like a lawyer". This process, which forces students to think and talk in radically new and toward different ways about conflicts, is directed by professors in the course of their lectures and examinations, and conducted via spoken and written language. Beth Mertz's book is the first study to truly delve into that language to reveal the complexities of how this process takes place. Mertz bases her linguistic study on tape recordings from her first year Contracts courses in eight different law schools. She knows how all these schools employ the Socratic method between teacher and student, forcing the student to shift away from moral and emotional terms in thinking about conflict, toward frameworks of legal authority instead. This move away from moral frameworks is key, she says, arguing that it represents an underlying world view at the core not just of law education, but for better or worse, of the entire US legal system - which, while providing a useful source of legitimacy and a means to process conflict, fails to deal systematically with aspects of fairness and social justice. The latter part of her study shows how differences in race and gender makeup among law students and professors can subtly alter this process. Written within the tradition of anthropological lingustics, Mertz's work - the first to study law school in this sort of detail - will appeal to a wide spectrum of readers interested in the intersection of law, language, and society: sociolinguists; anthropologists; feminist, race, and social theorists, and law professors.
Combining her expertise in legal theory and judicial practice in a continental European civil-law system, Jeanne Gaakeer explores the intertwinement of legal theory and practice to develop a humanities-inspired methodology for both the academic interdisciplinary study of law and literature and for legal practice. This volume addresses judgment and interpretation as a central concern within the field of law, literature and humanities. It is not only a study of law as praxis that combines academic legal theory with judicial practice, but proposes both as central to humanistic jurisprudence and as a training in the conduct of public life. Drawing extensively on philosophical and legal scholarship and through analysis of literary works from Gustave Flaubert, Robert Musil, Gerrit Achterberg, Ian McEwan, Michel Houellebecq and Juli Zeh, Jeanna Gaakeer proposes a perspective on law as part of the humanities that will inspire legal professionals, scholars and advanced students of law alike.
Takes students through the process of legal writing step-by-step, from preparation to completion to taking things to the next level Chapter overviews and closing summaries Worked examples Practical exercises and activities Tip boxes Appendix materials include sample assessment criteria and a usable planning log
Now available in a paperback edition, law and technology guru Richard Susskind, author of bestselling The Future of Law, brings together in one volume eleven significant essays on the application of IT to legal practice and the administration of justice, including key topics such as knowledge management and the impact of electronic commerce and electronic government. This edition includes a new Preface, in which Susskind puts forward his views on the burst of the dotcom bubble, offers an extension to his Grid to cover in-house lawyers, and comments on the next big things in this area: e-learning, document assembly, online dispute resolution, e-mail management, and matter-centric systems.
Law is a varied, powerful, and highly rewarding profession. Studies show, however, that lawyers have higher rates of alcoholism, divorce, and even suicide than the general population. Stress creates these poor outcomes, including the stress of dealing with other people's problems all day, the stress of spending excessive amounts of time at work, and the stress of being disconnected to what is most meaningful in life. Through mindfulness and emotional intelligence training, lawyers can improve focus, get more work done in less time, improve their interpersonal skills, and seek and find work that will make their lives more meaningful. This book is designed to help law students and lawyers of all experience levels find a sustainable and meaningful life in the field of law. This book includes journaling and other interactive exercises that can help lawyers find peace, focus, meaning, and happiness over a lifetime of practicing law.
Anthony Kronman describes a spiritual crisis affecting the American legal profession, and attributes it to the collapse of what he calls the ideal of the lawyer-statesman: a set of values that prizes good judgment above technical competence and encourages a public-spirited devotion to the law. For nearly two centuries, Kronman argues, the aspirations of American lawyers were shaped by their allegiance to a distinctive ideal of professional excellence. In the last generation, however, this ideal has failed, undermining the identity of lawyers as a group and making it unclear to those in the profession what it means for them personally to have chosen a life in the law. A variety of factors have contributed to the declining prestige of prudence and public-spiritedness within the legal profession. Partly, Kronman asserts, it is the result of the triumph, in legal thought, of a counterideal that denigrates the importance of wisdom and character as professional virtues. Partly, it is due to an array of institutional forces, including the explosive growth of the country's leading law firms and the bureaucratization of our courts. "The Lost Lawyer" examines each of these developments and illuminates their common tendency to compromise the values from which the ideal of the lawyer-statesman draws strength. It is the most important critique of the American legal profession in some time, and an an enduring restatement of its ideals. |
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