Although seemingly bizarre and barbaric in modern times, trial by ordeal-the subjection of the accused to undergo harsh tests such as walking over hot irons or being bound and cast into water-played an integral, and often staggeringly effective, role in justice systems for centuries.

In "Trial by Fire and Water," Robert Bartlett examines the workings of trial by ordeal from the time of its first appearance in the barbarian law codes, tracing its use by Christian societies down to its last days as a test for witchcraft in modern Europe and America. Bartlett presents a critique of recent theories about the operation and the decline of the practice, and he attempts to make sense of the ordeal as a working institution and to explain its disappearance. Finally, he considers some of the general historical problems of understanding a society in which religious beliefs were so fundamental.

Robert Bartlett is Wardlaw Professor of Medieval History at the University of St. Andrews.

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.

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?

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.

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.

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.

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.

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.

Attorneys must develop many skills in order to benefit fully from their collaborations with forensic document examiners in cases involving questioned documents. This comprehensive guide for attorneys provides a thorough grounding in how to prepare for court and deposition testimony. It also explains how to select appropriate comparison documents for forensic document examiners, the basic principles of handwriting identification (the knowledge of which enables lawyers to challenge incorrect statements), and what document examiners can and cannot determine based on the evidence.

When the authenticity of a document is in question in the courtroom, forensic document examiners are brought in to determine such things as whether a signature has been forged, whether the document has been altered, and whether it is all things it purports to be. The examination of suspect documents generally involves comparison with examples of known genuine writing. Attorneys need to know how to select appropriate comparison documents for forensic document examiners. This is but one of the many skills that attorneys must develop in order to benefit fully from their collaborations with forensic document examiners, and it is explained here in detail. So, too, are the basic principles of handwriting identification, the knowledge of which enables lawyers to challenge incorrect statements. This comprehensive and thorough guide for attorneys also explains what document examiners can and cannot determine based on the evidence, and it provides a thorough grounding in how to prepare for court and deposition testimony.

Among the many unique features of this attorney's guide is an extensive list of questions for lawyers to ask their own, and their opponent's, expert witnesses before going to trial. The deposition of a forensic document examiner includes questions relating to the examiner's experience, working methodology, background and education, knowledge base, certifications, achievements, and many other items relating to the examiner's abilities. Next, an extensive set of questions helps lawyers ask for the right information pertaining to the examiner's specific methods of preparation for the case at hand. After the deposition is taken, the expert must be qualified in court; this book includes 60 qualifying questions. After qualification, it is time to move on to questions about document examination and the case being litigated. Finally, new questions pertaining specifically to the cross-examination of document examiners are presented, once again relating to credentials and a given case. This valuable resource concludes with a chapter describing the relevance of various court citations involving handwriting. Appendices are devoted to suggested reading; a resource list of experts related to the field, including photographers, librarians, and appraisers; organizations; and a glossary of technical terms.

The legal market is changing rapidly. But much of law firms' marketing activity is based on what the firm is today, rather than what it needs to be tomorrow. The activity centres on `quick wins' rather than addressing how the firm will need to be packaged, positioned, and perceived in the future in order to attract new purchases and the type of client it really wants. This book has been written to show you how to package and position your firm in a way that will allow you to profit from your efforts. We'll cut through some of the marketing-speak that all-too-often either prevents or puts lawyers off getting to the heart of building a viable, relevant marketing strategy. We'll also look at some practical examples of how best to design the right strategy for your firm and, most importantly, how you can implement those ideas easily so that they start delivering commercial success. If you are to pilot your firm, practice, or department through the next phase of the legal industry's development, you need to be cannier in the way you take it to market. The good news is that if you get the packaging, positioning, and promotion right, you are well on the way to winning the work you want at the fee level you want, and that simply has to be the most direct route to profitable growth.

"Client listening is the single most important marketing activity." - Paul Amit, Head of Sector and Client Marketing, DLA Piper. Forward-thinking firms know that listening effectively to their clients is crucial for improving client service, value, retention, and, ultimately, profitability. It can also help future-proof your firm by embedding client relationships, and anticipating client needs. Client Listening: Why It Pays and How to Do it, will show you how to design and implement effective client listening programmes and act on the intelligence gleaned to secure these critical benefits for your firm. It highlights the important factors that must be considered before launching a client listening programme, and offers practical advice to ensure its success. Topics include how to: * Identify the role of client listening within your firm's broader CRM and BD initiatives; * Overcome typical objections from individual lawyers to engaging in client listening; * Determine the type of client listening activities which best fit your firm's culture, budget, timetable, and purposes; * Design and conduct effective client questionnaires and interviews (how-to guide included); and * Ensure client feedback is reported, shared, absorbed, and converted into action appropriately. Real-life case studies from DLA Piper, Ashurst, CMS Cameron McKenna, K&L Gates, and KPMG reveal how firms are currently using client listening as a means to deepen client relationships and develop more responsive, value-added services. Useful appendices are also included to assist you with the design, launch, and fine-tuning of your own client listening programmes. These include: * A client listening planner; * A sample client invitation; and * A sample discussion guide for a client service review.

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.

Within a span of less then a decade, more than twelve of the nation's largest law firms, those with more than 1,000 partners between them had completely vanished. The decline and ultimate failure of these firms were not only attributable to a crisis in market conditions, it was also attributable to a crisis in firm leadership, values and brand identity. Supported by more than one hundred candid interviews with top law partners across the United States, this 2014 best-selling law practice management book reveals how law firms can become marketing giants by learning a new conceptual foundation behind professional service marketing and value driven branding. This book promises to unlock revenue potential, bring marketing goals into focus and bolster confidence for law firms of all sizes. This book teaches us that no matter how hard a firm tries to create a compelling brand, it will ultimately fail unless the brand is a truthful and inspired statement of the firm's true character, capabilities and values. Firms with illusory brands will find it increasingly difficult to compete against more progressive firms, specifically those that have embraced the specific marketing processes behind value driven branding. Who are these progressive firms? Value branded firms are made up of change agents, unafraid of declaring their most valued beliefs and actually live by them; unity over division, peace over conquest and wisdom over cunning. These firms are made up of lawyers that view themselves as trusted counselors and in the noblest sense of the term, healers of human conflict. Watch them closely the author urges, because they are poised to redefine the profession of law. "A compelling and analytical roadmap to growing your law practice and a must-read for law firm leaders...." -- Martindale-Hubbell, Timothy Corcoran, Former V.P. Market Planning "Henry's Book is a must read for any professional interested in excelling at law firm marketing...." Aleisha Gravit, CMO of Akin Gump "This is a great book...it belongs with the classics of law firm management and service marketing..." PM Magazine, Steve Barrett, Law Firm Strategist and Chief Marketing Officer. "This book guides lawyers step-by-step through the big-think and deep-think that are the essential foundations of successful legal marketing..." Andrew Elowittt, JD, MBA, former Chair, Law Practice Management Committee, State Bar of California. "A Must Read This book presents compelling arguments for why legal professionalism must include business professionalism." Harry Ruffalo, Professor, University of Wisconsin School of Law, author of A Students Introduction To The Business Of Law "This is more than a marketing book - it's a roadmap for transforming your firm into a thriving enterprise..." Jonathan Maile, Senior Counsel, Gordon & Rees LLP "A highly compelling and delightful read which demonstrates the expanding role of lawyers..." -- Dan Pink, Best Selling Author of Free Agent Nation and Whole New Mind "Henry Dahut's book is wonderful and thought-provoking." -- Linda Hazelton, Chair Education Committee, Legal Marketing Association "This book is a must read for all lawyers. Henry Dahut really understands the art of law firm marketing." -- Latham & Watkins LLP, Perry Viscounty, Partner & Chair of Global Marketing Committee "This book should be required reading in law school along with property and contracts" Professor Myron Moskovitz, Golden Gate University - School of Law "This book made me feel good to be a lawyer." Attorney Michael Angeloff, Law Offices of Angeloff and Angeloff "This fascinating work combines business theory, human nature and even brain science in a compelling way..." Arnold Deutch, M.D., UCLA Clinical Professor, Department of Psychiatry and Neurology.

This book presents surveys of significant trends in contemporary philosophy. Contributing authors explore themes relating to justice including natural rights, equality, freedom, democracy, morality and cultural traditions. Key movements and thinkers are considered, ranging from ancient Greek philosophy, Roman and Christian traditions to the development of Muslim law, Enlightenment perspectives and beyond. Authors discuss important works, including those of Aristotle, Ibn Khaldun, John Locke, Immanuel Kant and Mary Wollstonecraft. Readers are also invited to examine Hegel and the foundation of right, Karl Marx as a utopian socialist and the works of Paul Ricoeur, amongst the wealth of perspectives presented in this book. Through these chapters, readers are able to explore the relationship of the state to justice and consider the rights of the individual and the role of law. Contributions presented here discuss concepts including Sharia law, freedom in the community and Libertarian Anarchism. Readers may follow accounts of justice in the Scottish Enlightenment and consider fairness, social justice and the concept of injustice. The surveys presented here show different approaches and a variety of interpretations. Each contribution has its own bibliography.