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Books > Law > Jurisprudence & general issues > Legal skills & practice
We live in a "law-thick" world. For individuals and organizations in both the public and private sectors, navigating the large number of complex laws, rules, institutions, and procedures that pervade American life is virtually impossible without some assistance. Some argue that "there are too many lawyers." Others argue that the unmet need for legal services is so high that it constitutes a human rights crisis. This book exposes why it is easy to access legal services for some, while it is virtually impossible for others, and why some lawyers have successful careers, but others cannot. This book argues that the problems plaguing legal services in the US can be only be addressed by a radical overhaul of the rules that govern how legal services may be delivered, as well as radical changes to who exercises the power to make those rules. Through interviews with those with experience with alternative legal service providers, this book exposes the formidable obstacles that exist along the path to those changes, as well as the opportunities that await. More information can be found at: www.notjustforlawyers.com
This book provides a practical handbook for legislation. Written by a team of experts, practitioners and scholars, it invites national institutions to apply its teachings in the context of their own drafting manuals and laws. Analysis focuses on general principles and best practice within the context of the different systems of government in Europe. Questions explored include subsidiarity, legitimacy, efficacy, effectiveness, efficiency, proportionality, monitoring and regulatory impact assessment. Taking a practical approach which starts from evidence-based rationality, it represents essential reading for all practitioners in the field of legislative drafting.
Show me the math is the first book of its kind entirely dedicated to understanding all of the strategic benefits, importance, and the value of cost estimates for corporate clients as well as law firms. Leveraging a 20-year career in corporate legal operations, Richard Brzakala reviews a plethora of topics on cost estimates and presents an in-depth analysis of the cost estimate framework and what clients (and firms) see as the most valuable components of a cost estimate strategy. The book also tackles operational and implementation topics, the dos and don'ts of successful implementation, and a special focus on overcoming challenges and meeting client expectations. This is a comprehensive insider's view of what corporate clients expect from their panel firms and a playbook on how cost estimates can improve a firm's market competitiveness in an increasingly homogenized and challenging legal marketplace. Drawing on nearly two decades of legal operations experience, servicing multiple clients and hundreds of law firms in dozens of countries, Richard has compiled his observations on how cost estimates can benefit corporate clients, legal professionals, finance and marketing experts, law students, alternative legal providers, and procurement and pricing specialists, and assist them in managing their matters, costs, and overall relationships.
If we could know in 2020 what we will know in 2025 (only five foreseeable years into the future), how would we change our attitudes, actions, and the way in which we practice law, the services we offer, the clients we target, and the ways in which we choose to deliver our services? Indeed - if we could have known a year ago the events of the first three months in 2020, what might we have done to prepare? The American writer and humorist, Mark Twain, advised: "When everybody is out digging for gold, the business to be in is selling shovels!" So, what foreseeable trend may represent the figurative "shovel" that every client will need tomorrow?
This second edition collection of Legal Letters written by Attorney Andrew Agatston to Children's Advocacy Centers, child advocates and detectives builds upon the 2009 book, "The Legal Eagles of Children's Advocacy Centers: A Lawyer's Guide to Soaring in the Courtroom." It is critical for Children's Advocacy Center professionals, and others who work on behalf of children who have alleged sexual abuse, to have a thorough understanding of the legal system and the legal rules and requirements that directly affect their professional responsibilities. This book is a second collection of Legal Letters that Mr. Agatston has written to his "Legal Eagles" as part of his weekly List Serv that now has subscribers in 35 states.
We will begin this inquiry into innovating to "future-proof" our practices, not with the question of how to innovate, but rather with why we should concern ourselves with innovation. Because if we don't get the why right, none of the rest of our work on innovation will matter. We will move on from the question of why innovate to the business context in which all innovation occurs in this age. We won't dwell on the changes in the legal market already amply covered in the legal press-flat demand, plummeting realization, pressure to price differently, etc. Instead, we'll explore the broader business climate and technological context in which all practice will operate in the future. Our starting point will be to explore how profoundly dissatisfied our clients have become with traditional law firm service levels. As cordial as those clients may be over lunch or a round of golf, when truly pressed, most will admit to real frustration with how glacial the pace of change is inside law firms. Next, we'll move to a technology focus. This concerns radical shifts in our society that will reshape how we do everything...including law. Technology already in the pipeline will cause breathtaking transformations in our business and personal lives, whether we innovate or not. Changes wrought by this technology will exceed our imagination's ability to foresee them, will exceed even the ability of our best futurists to predict what will happen. We will then explore the competitive environment in which Midsize firms will be operating over the near and medium terms. Already, huge shifts in the economics of practice have taken place-largely driven by competitors from outside the traditional legal sector. In order to prepare to meet such emerging competition, you need to understand it. Next, we will talk about the skill deficits you have to remedy to compete in an age that expects Amazons and Ubers. We can argue about whether law school training properly equips young lawyers for substantive law practice. But there can be no argument about whether young lawyers emerge into practice equipped to manage the business of law-even the basics of it. They clearly do not. And most lawyers leave themselves in that state throughout their careers. From there, we will explore particular skills in more depth. In separate chapters, we will talk about: - Developing a baseline of service design skills using Design Thinking resources that are now available to lawyers, - Building a profit model and other business metrics capabilities that are essential as a means of measuring the efficacy of our innovation efforts, - Adding project management skills to firms to enhance our ability to manage both the everyday complexities of practice, as well as to carry off ambitious innovation initiatives, - Learning how to deconstruct and rebuild business processes so as to remove cost and add efficiency. This is the area in which our clients are most interested in seeing us innovate. Maybe we should cultivate those skills. For all the gloomy predictions about rising competition and increasing price pressure that you'll find in the pages that follow, I hope you emerge from this study with a sense of optimism. I'm not the only student of this portion of the legal sector to see the opportunities in store for firms that seek to become change leaders.
This is not another tedious rulebook littered with unfounded gimmicks contrived at a faculty mixer. Here you will find relevant advice from an attorney who has been writing trial and appellate briefs on the frontlines for two decades. Amid the new material in this expanded edition, Mr. Bowlan subdues the oft dreaded summary judgment response. And the gloves come off when he addresses legal ethics in the Epilogue - "Welcome to the Dark Side" - a must-read for every law student who intends to become a practicing lawyer. What do Trolls, Curmudgeons and Yapping Chihuahuas have to do with legal writing? Open the cover and find out.
A Substantial Collection of Legal Maxims That is Now an Accepted ClassicEach maxim is expertly translated, and enhanced by Broom's knowledgeable explanatory essays that provide the source and meaning, and are in themselves extremely well-annotated. Taken in light of his excellent classification system, Broom's essays will facilitate an understanding of the principles of common law. This popular book obtained a wide circulation and went through many editions, this being a reprint of the eighth (and last) American edition of 1882. Includes an Alphabetical List of Legal Maxims, a Table of Cases and Index. "His is the very best book of the kind extant." -J.G. Marvin, Legal Bibliography 152Herbert Broom 1815-1822] was educated at Trinity College, Cambridge, and was called to the bar at the Inner Temple in 1840, where he occupied the post of reader of common law. He was the author of two novels and several works on different aspects of law, including Commentaries on the Common Law (1856), Constitutional Law Viewed in Relation to Common Law and Exemplified by Cases (1866) and Philosophy of Law: Notes and Lectures 1876-8. CONTENTSCh.I. Sec. I. Rules Founded in Public Policy Sec. II. Rules of Legislative PolicyCh. II. Maxims Relating to the CrownCh. III. Sec. I. The Judicial Office Sec. II. The Mode of Administering JusticeCh. IV. Rules of LogicCh. V. Fundamental Legal PrinciplesCh. VI. Acquisition, Enjoyment and Transfer of PropertySec. I. The Mode of Acquiring PropertySec. II. Property-Its Rights and LiabilitiesSec. III. The Transfer of PropertyCh. VII. Rules Relating to Marriage and DescentCh. VIII. The Interpretation of Deeds and Written InstrumentsCh. IX. The Law of ContractsCh. X. Maxims Applicable to the Law of Evidence
The use of microcomputers as decision aids in law practice is increasing rapidly. Nagel here shows how developments in software over the last few years are making microcomputers practically indispensable to lawyers as decision aids. This is in contrast to his earlier book on "Microcomputers as Decision Aids in Law Practice." It dealt speculatively with ways in which decision-aiding software could be used by lawyers for judicial prediction, litigation strategy, allocating scarce resources, and negotiation-mediation. The book is divided into three parts covering general developments, specific lawyer skills, and application to all fields of law. The first part previews various uses of decision-aiding software by practicing lawyers, including a general discussion of the potential and actual benefits of such software. How decision-aiding software enhances specific lawyer skills comprises the second and largest part of the work. Among the topics discussed are computer-aided counseling, computer-aided mediation, legal policy evaluation and computer-aided advocacy, law prediction, and legal administration. In the third part, Nagel assesses applications of decision-aiding software to all fields of law, with an emphasis on contracts, property, torts, family law, criminal law, constitutional law, economic regulation, international law, civil procedure, and criminal procedure. In a provocative concluding chapter, he deals with the thorny issues of individual ethics and professional responsibility in the context of microcomputers. Because decision-aiding software encourages decision makers to be much more explicit about their goals than they otherwise would be, its use raises questions as to whose goals should be pursued and to what degree. This is a nuts-and-bolts guidebook that will be a valuable tool for practicing attorneys with some knowledge of microcomputers and is recommended reading for legal scholars and law students.
The legal profession is one of honor, respect and dignity-- compensated not only with treasure, pleasure and honor but with the right to right a wrong. In David and Goliath in the Modern Court, author Virgilio J. Santiago provides insight into the Philippine justice system and the role of lawyer to attain truth and dispense justice not only in the Philippines but in all courts of justice, the primordial duty of courts of justice being to attain truth and dispense justice . As Santiago grew up in Manila, he had little ambition. His desires included becoming a driver, marrying his sweetheart, and living a simple life. It took an accident and a possible jail sentence to change his mind. On March 15, 1965, he realized his mother's dream for him to become an attorney. In this memoir, Santiago recalls the highlights of his career and relates details of clients, cases, trials, and verdicts. David and Goliath in the Modern Court narrates Santiago's quest to attain truth and justice, and it describes how courts in the Philippines traversed the labyrinth path of lies, fraud, and schemes to stop evil.
Text extracted from opening pages of book: CONCISE LAW DICTIONARY FOR STUDENTS AND PKACTITIONEBS WITH SUMMARIES OF THE LEADING CASES AND A TRANSLATION OF ROMAN LAW TERMS AND LATIN MAXIMS. BY P. G. OSBORN. LL. B. Of University College, London, of Oray's Inn, Barri& ter-at-Law and of the Inland Revenue Department. LONDON: SWEET & MAXWELL, LIMITED, 2 & 3 CHANCERY LANE, W. C. 2. TORONTO: THE CAR8WELL COMPANY, LIMITED. SYDNEY, MELBOURNE, BRISBANE: THE LAW BOOK COMPANY OP AUSTRALASIA, LIMITED. 1927; ( Printed in England.) PREFAB. VVP THIS book is an attempt to provicre a concise law dictionary for the use of the practitioner and the student, in which the words and phrases, the rules and doctrines of the law of England, are defined and explained. Matter of mere antiquarian interest has been excluded, and space has been found to give on subjects of importance fuller notes than are usually attempted. For instance, in addition to the ordinary definition of an infant, I have endeavoured to state concisely his liability in contract and tort, with a reference to the cases. To assist the student in his reading, the more important terms of the Roman Law have been included. To write a law book without cases is like building a house without foundations. This Dictionary is unique in my experience in. giving a summary of the leading cases in all the important branches of the law. The principle laid down or exemplified by the case is stated together, where necessary, with a brief statement of the facts, and the decision. References to the cases are made throughout under the proper headings. The student has to become familiar with a good many cases, and these notes, in a convenient form for reference, should prove of assistance. As the titles are arranged in strict alphabetical order, no references are of course given to pages. iv PREFACE. The effect of the new Property Acts and other recent statutes has been noted. I am under a particular obligation to Mr. Byrne for the free use I have made of his monumental Law Dictionary, and to Mr. J. L. Montrose, LL. B., Barrister at-Law, for reading the proofs and making many suggestions. I am indebted to my brother Mr. Harold Osborn and to Miss Helene Ross, B. A,, of University College, for their invaluable assistance. Any imper fections which may appear I very much regret, but the sacrifice of many leisure hours will not have been in vain if I am able to help the student along his interest ing but intricate way. P. G. 0. Work, work while it is yet day, and in your lives let there be no misspent hours. ( WiLLis, Law of Negotiable Securities, 4th ed., p. 171.) ( y ) LATIN FOR LAWYERS. ACCENT AND PRONUNCIATION. Accent. ( 1) In words of two syllables the accent is always on the first. E. g., bo-na, ju'-ris, / 6-rum. ( 2) In words of three or more syllables, the accent falls on the last syllable but one ( penultimate) if its vowel sound is long, but otherwise on the last but two ( ante-penultimate). E. g., tnan-da'-ta, per-so-tice, wa-tri-wio-m-um, cd-ve-at, Jwe-re-dt-tas. Pronunciation. The Latin alphabet is the same as the English except that it has no w. On the whole, the letters and combinations of letters ( e. g., er, or, oh, th) are pronounced as in English. I. VOWELS. The vowel sounds, as in English, may be either long or short. If short they are frequently indeterminate in unaccented syllables. For instance a, unless in the final syllablebefore a consonant, often has the sound of the final a in America. E. g., men-set, a-cu-ttts. Such indeterminate vowels are left unmarked in the examples given. THE LONG VOWELS ( a as in / ate, e in mete, I in pine, 6 in note, u in tube, y in type) are used in the following cases: ( 1) In final syllables ending in a vowel. E. g., con-di-ti-o ( kondfehio), / i-de-i ( fidel), si-tu ( situ). ( 2) In all syllables before a vowel or a diphthong. E. g., re-us ( reus). ( 3) Generally in accented syllables, other than final, before a single consonant, especially if it is f
As the process of internationalization accelerates, comparative law scholars focus on the adaptation of legal cultures to new realities. It is particularly important to understand (as best we can) the "inner workings" of two groups of lawyers: those in the United States; and those in the major European countries. In which ways do the two groups understand each other, and where do they go their separate ways? And what are the implications for the legal profession and its beneficiaries of their cultural and ideological differences? At a symposium held in Paris, 12 scholars from Europe and the United States met to investigate these issues under two related rubrics: realities and trends on the one hand, and ethics, rules and professional ideologies on the other. The participants have updated their original papers for this publication. In the course of their discussion they reveal which cultural realities persist and are likely to remain, and which trends are broadening the common ground on which lawyers act in both cultures.
The clergy abuse scandal has posed the greatest threat to the traditional understanding of the Catholic priesthood since the Protestant Reformation. Now, as then, the deadliest attacks are coming from within the Church. In an attempt to improve a system that allowed a small minority of the clergy to violate children and ameliorate the gross negligence of some bishops who recycled these predators, the American bishops instituted the Charter for the Protection of Children and Young People in 2002. It is, unfortunately, doing the Church more harm than good. In Hope Springs Eternal in the Priestly Breast, Fr. James Valladares shows how justice and charity have been violated by some bishops in dealing with accused priests. He examines the pertinent canons that guide the Church's judicial system and finds that these are often ignored or wrongly applied. He provides true cases that highlight the injustice of the process and the agony of priests who have been subjected to the charter's draconian mandates. The Church has incurred tremendous financial losses because of settlements rising from both legitimate and false claims. Her image has been marred by the secular media, which has taken advantage of the crisis. Even so, we often fail to understand how trivial these are in comparison to the damage done to the priesthood by the enactment of the charter's policies. This is the most pressing issue that the bishops need to address.
As law firms continually push to stay relevant in the information age, certain functions and roles will change drastically - possibly none more so than a firm's information functions and librarians. Information services are now more important than ever, and are more closely linked and integrated with all other functions of the firm. This means, however, that many information departments and roles will need to undergo a considerable metamorphosis in order to realise their full potential. From integration with other functions of the firm (such as Business Development and Knowledge Management), to gathering intelligence to leverage a competitive advantage - library teams, with the correct application, are set to become critical in forging a firm's digital pathway to increased success.
Lopeman examines the impact advocacy of intentional judicial activism by a justice of a state supreme court can have on establishing the court as a policy maker. He examines the attitudinal model and the judicial role model of decision making and concludes that, while the attitudinal model might describe the decision-making process in the U.S. Supreme Court, the judicial role model better describes decision making in state supreme courts. This judicial role model allows the activist to transform a court into a policy maker. The traditions, recent history, and biographies of recent justices of the Indiana, West Virginia, and Ohio courts are examined to establish a significant relationship between the presence of an activist advocate justice and active policy making by the courts. These courts' decisions in cases with policy making potential are contrasted with decisions in similar cases of three state supreme courts that did not have an advocate justice. Lopeman argues that the presence of an activist advocate explains a court's transformation to active policy making, and that other apparent explanations are insufficient. He emphasizes that the motives of an activist advocate are likely to determine the permanence of policy making in the court. This volume is an important resource for political scientists, legal scholars, and other researchers involved with judicial decision making, state politics, and state constitutional law.
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