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Books > Law > Jurisprudence & general issues > Legal skills & practice
Many professionals, especially those who own all or part of their
firm, find it difficult to think about retirement. In particular,
those who practise their chosen profession into their sixties and
seventies often worry that when they retire they will miss the
challenge, excitement, companionship, mental stimulation and sense
of fulfilment that their work provides. After all, to a great
extent we are what we do, and winding down raises questions about
self-esteem and one's value to society. Moreover, professional life
increasingly conditions us to place the interests of clients,
customers and colleagues so far in front of our own interests that
personal and family issues are sometimes neglected, creating
additional challenges. With these challenges in mind, the notion of
"never doing today what can be done tomorrow" can be seductive.
However, Partner Retirement in Law Firms is designed to help reduce
procrastination and encourage proactive retirement planning. In
this new book, expert contributors provide tips and guidance for
navigating the difficult aspects of retirement in the broad context
of career planning, including: *the financial consequences of
retirement; *legal matters; *day-to-practicalities; *accounting and
tax; *psychological considerations; and *succession planning.
Partner Retirement in Law Firms provides a practical guide to
finding the right path to retirement and is aimed at individual
partners seeking to transition from professional to retired life
seamlessly and with minimal stress. In addition, it makes an
invaluable resource for law firm HR and career development teams.
Along with used car dealers and telemarketers, lawyers are
considered to be among the least trustworthy of all professionals.
If lawyers want more respect, they will have to earn it by
reframing their ethical responsibilities. In an original approach
to law's moral dilemma, legal theorist Allan C. Hutchinson takes
seriously the idea that 'litigation is war'. By drawing an extended
analogy with the theory of ethical warfare, he examines the most
difficult questions facing practicing lawyers today. Comparing the
role of military officers to legal professionals and theories of
just peace to legal settlement, Hutchinson outlines a boldly
original approach to legal ethics. Fighting Fair's recommendation
for a more substantive, honor-based approach to ethics will be a
thought-provoking tool for anyone concerned about the moral
standing of the legal profession.
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?"
The legal profession has been an unwilling, capitulating entity to
any transformation wrought by the overwhelming tide of change. Only
when the shifts in society, culture, technology, economics, and
globalization could no longer be denied did the legal profession
make any proactive changes that would preserve status quo. This
book demonstrates how the profession has held to its anachronistic
ways at key crisis points in US history: Watergate, communist
infiltration, waves of immigration, the explosion of litigation,
and the current economic crisis that blends with dramatic changes
in technology, communications, and globalization.
Ultimately, Moliterno urges the profession to look outward and
forward to find in society and culture the causes and connections
with these periodic crises. Doing so would allow the profession to
grow with the society, solve problems with, rather than against,
the flow of society, and be more attuned to the very society the
profession claims to serve.
This paperback version includes a commentary on the prevailing
crisis in legal education.
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
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