This book is unique among legal manuscripts in that it contains over ten years of writings on the subject of construction adjudication, giving it both a depth and breadth of coverage few publications can match. From the discussion of Macob Civil Engineering Ltd in Chapter 1 to PC Harrington Contractors Ltd in Chapter 41, the reader is treated to a thorough analysis of the significant cases which have been decided since the Housing Grants, Construction and Regeneration Act 1996 entered into force.

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.

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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.

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?

Written as a companion to Kleyn & Viljoen's Beginner's Guide for Law Students, this exciting new work takes students through the range of skills they will require throughout their studies and in practice. The material is presented in the same easy-to-use, fun and accessible manner that was used so successfully in the Beginner's Guide. Throughout, the authors use clear, simple language while never compromising on standards and accuracy. This book is available in English and Afrikaans versions.

With a preface by Michael H. Hoeflich, John H. & John M. Kane Professor of Law, University of Kansas School of Law and an introduction by William E. Butler, John Edward Fowler Distinguished Professor of Law, Pennsylvania State University Dickinson School of Law and Emeritus Professor of Comparative Law at University College London; Academician of the National Academy of Sciences of Ukraine. Includes the text of Vol. 1, No. 1 (Oct. 21, 1876) to Vol. 1, No. 26 (April 14, 1877), originally published: St. Paul, Minn.: J.B. West & Co. 1876-1877. "In 1876, John B. West, twenty-four years old, launched a new publication that would within a decade evolve into the National Reporter System. As a traveling salesman for an office supply company in St. Paul, young West visited many Minnesota attorneys. He learned that the official publishers of court reports were chronically slow. West was later to say that if the official state publishers had been properly doing their jobs there would have been no need for his reporters. His first publication, The Syllabi was an eight-page weekly news-sheet that contained "prompt and reliable intelligence as to the various questions adjudicated by the Minnesota Courts at a date long prior to the publication of the State Reports." Its immediate popularity among the bar soon forced it to outgrow its original format and coverage. In early 1877, only six months after it had begun, The Syllabi was replaced by the North-Western Reporter. The reporter, another weekly, was also a transitional publication. It contained the full text of all Minnesota Supreme Court decisions and Minnesota federal court decisions, as well as those from the Wisconsin Supreme Court in cases "of special importance." This publication lasted two years, four semi-annual volumes. In 1879, West announced a new series of the North Western Reporter (the first of the modern West regional reporters) that would publish the full text of all current supreme court decisions from Iowa, Minnesota, Michigan, Nebraska, Wisconsin, and the Dakota Territory. The Federal Reporter and the Supreme Court Reporter began within the next two years and, in 1885, West Publishing (as it was incorporated in 1882) announced the publication of four new reporters that, along with its current reports, gave it nationwide coverage. (.) The National Reporter System was soon proclaimed to have "Unquestionably revolutionized the whole plan of law reporting." --Thomas A. Woxland & Patti J. Ogden, Landmarks in American Legal Publishing. An Exhibit Catalogue 38-40.

A comparative study which deals with the rules of professional ethics applicable to the cross-border practice of law. It covers the major jurisdictions in this respect, including England and Wales, France, Germany, Italy, Spain, Belgium, the Netherlands, Sweden, the USA, Canada, Australia and Japan. A separate chapter deals with the development in the context of the European Union. The study is based on a questionnaire of the IBA Section on Business Law Subcommittee on the Structure and Ethics of Business Law. Part One of each country's report covers the basic rules applying to the domestic legal profession, such as the method of qualifying as a lawyer, the extent to which the legal services are reserved to lawyers, and the ethical rules which apply to matters like advertising, fees and correspondence. The second part sets out what rules the jurisdiction in question imposes on its own lawyers when they are involved outside the jurisdiction. The third section deals with the rules which apply to a foreign lawyer (which includes any lawyer admitted in another jurisdiction but not in the local jurisdiction under discussion) practising within the jurisdiction. Both the second and third parts are divided according to the various degrees of possible involvement, ranging from merely advising a foreign client from one's home office to practising from an office in the foreign country. The last part deals with the various kinds of international associations to which lawyers may belong, such as alliances, office-sharing, and multinational and multidisciplinary partnerships.

For decades, companies in other industries have refined techniques to better understand their customers' needs, uncover insights, and develop new-to-the-world ideas, which are now products and services we use every day. Organisations have concluded that successfully adopting these methods, known as Design Thinking, have greater financial returns than pursuing more traditional ways of operating. As the legal industry grapples with increased complexity, accelerated market deadlines, and budget constraints, design thinking holds promise to create a more delightful client experience while also increasing profitability. This book features insights from leading experts in the field.

The only modern guide to interpreting and writing real property descriptions for surveyors

Technical land information is no longer the exclusive domain of professional surveyors. The Internet now houses a multitude of resources that nontechnical professionals--such as attorneys and realtors--access and implement on a daily basis. However, these professionals are trained in aspects of law and commerce that do not provide the proper education and experience to interpret and evaluate their land boundary information discoveries correctly. As a result, their analysis is often erroneous and the data misapplied--ultimately leading to confusion and costly litigation.

Professional Surveyors and Real Property Descriptions attempts to bridge the ever-widening gap between the users of land boundary information and the land surveyors who produce it. An expert team of authors integrates the historic and legal background of real property interests with fundamental concepts of the surveying profession in a manner accessible for average readers. These provide the basics for both properly comprehending older descriptions and competently constructing complete and modern real property descriptions that foster better communication. Highlights in this book include:

An in-depth exploration of historic descriptions and how to read them

Coverage of the widely accepted ALTA/ACSM Land Boundary Survey standards and associated property descriptions

A diverse collection of examples and practice scenarios

An overview of the latest issues related to the use of GPS and GIS

Written in easy-to-understand language, this practical resource assists nontechnical professionals in understanding exactly what a surveyor does and does not do, and serves as a valuable tool for obtaining the most satisfactory, accurate, and complete real property descriptions.

In this current period of the 21st century, our workplace is more diverse than at any other point in time. This diversity is due to a broadening ethnic mix, gender representation and spread of generations. Greater mobility, socioeconomic and legislative developments account in the most part for the first two factors, but what of the third? What has caused this widening of the generational spectrum in the workplace? Historically in law firms, the older generation, in particular partners, would move toward retirement and hand over the reins to the next oldest. In today's world of work, with improved healthcare, increased life expectancy, greater knowledge of fitness, and in part historic anxiety over the effects of the global recession, there's a reluctance to rush to retirement. Specifically, here we're talking about the Baby Boomer generation, who are aged between 55 and 73 and, as the name suggests, are not in short supply. Typically schooled in a traditional hierarchical command management style they are the generation now most often faced with tackling the integration of disruptive and aspirational Gen X'ers and more technologically adept and collaborative (but considered less driven) Gen Y or Millennials. They're also now seeing the newest arrivals, Gen Z, who bring an even greater affinity to everything digital but are not quite so comfortable with matters of an interpersonal nature. It's quite a challenge and the reason why this publication delves into the differences between the generations, their influences, preferences, strengths, and weaknesses, to better understand and thereby manage the staff who fall into the respective age groupings. The consequence of older generations remaining in a post is a fascinating and yet challenging prospect. Law firms can be presented with the task of managing at least four and sometimes five different age groups. It becomes five if we add that fit and able and working who are in their mid-70s and beyond, who belong to the "silent generation". Multiple generations in one practice with the oldest holding on to the power base and ownership can create pressure points for younger, ambitious professionals seeking a stake rather than simply a "steady job". It's likely that in many law firms those appealing for a place at the partners' table will now be coming from Generation Y or Millennials aged in their early to late 30s. Millennials are considered more focused on experiences outside of work than within, but this does not hide or diminish their need for recognition and reward. Gen X'ers will mostly be in their 40s and early 50s and the majority of this group will already have established their partnership credentials. In other words, if it was going to happen for them, it's likely to have been handled one way or another. The X'ers are something of a filling in the career sandwich, with slices of Millennial below and Boomer above. There is a smaller population of Generation X and they will need to find appropriate skills and knowledge to work with their younger and older generational colleagues for mutual gain. By 2020, 50 percent of the US workforce will be made up of Millennial or the "Y" Generation; by 2030 it will be 75 percent. These Millennial employees, born between 1980 and 1996, have ridden several seismic waves of change - from political and environmental to communication and technological innovation - and this pace of change shows little sign of abating. Having experienced an ever more connected, digitally-driven world, Millennials are now moving through firms to take greater responsibility, head teams, run departments or entire businesses, and in certain cases creating their own version of a law firm. This book explores the various generations within law firms and the challenges, threats, and opportunities they face as staff deal with colleagues from younger or older groups be they Baby Boomer or Generations X, Y (Millennial) or the next wave of "Z's" as they enter the world of work.

At its core, the purpose of strategy in any for-profit organization is to position the firm to achieve better and more sustainable returns than the competition. In other words, the purpose of strategy is to capture a sustainable competitive advantage. Doing so requires the firm to satisfy major stakeholders (primarily customers, but also knowledge workers, shareholders, and others) over both the near and longer term. Ultimately, business strategy is about winning in competitive markets. Strategic Planning for Law Firms: A Practical Roadmap - authored by renowned strategic management expert John Sterling - provides the reader with a workable, real world strategic planning process they can use in their own firms. That process includes: - An approach to developing a strong analytical foundation and framework - providing an objective, factual assessment of the internal and external environment facing the firm; - A means of defining the firm's strategic direction - enabling the firm to articulate and agree upon its direction including: *What the firm (or practice group) aspires to become over the long run; and *What position(s) the firm or practice intends to occupy (i.e. what it will be known for). -A means of developing action oriented strategies - enabling the firm (or practice) to agree upon the sometimes difficult trade-offs among its strategic alternatives, enabling it to focus resources on achieving its aspirations and desired market positions; and - An approach for identifying near term action plans (and prioritizing those action plans) so that individuals are directly engaged in (and are accountable for) roles that put the strategy into operation on a day-to-day basis. Readers of the previous edition will find much new to explore in the second edition, including a thoroughly updated discussion of the core strategic issues facing law firms; refreshed case studies that outline real world responses to current strategic issues, strategic planning challenges, and strategy implementation imperatives; a deep dive into applying "Blue Ocean" strategy in a law firm setting; and a discussion of how the "Business Model Canvas" can be used to rethink practice areas, pricing, and ancillary businesses.

Career Management for Lawyers is a practical resource for any lawyer, from the newly qualified through to those facing a career transition later in life. Packed with step-by-step guidance, action plans and self-assessment tools, this resource acts as a personal career coach, challenging and encouraging you to work through key career questions. This practical book covers: * the importance of career adaptability * how to take stock of your skills and qualities * the different types of career crossroads that lawyers face * case studies of lawyers who have made a successful career transition * how to change career direction * the importance of developing SMART career goals * how to relaunch yourself when changing career direction * how to overcome potential blocks to career success. Whether you have recently qualified, are facing a key career crossroads or want to take stock of your career, this book gives you all the essential tools to develop a plan you can put into action.

""Playing it Safe, How the Supreme Court Sidesteps Hard Cases and Stunts the Development of Law" is a book that will not only entertain but also remind us of the fact that many of the Court's most interesting decisions come not in its published written opinions addressing the merits of a case, but in their decisions not to hear a case based on purely procedural rationales. Recommended."
-- "New York Law Journal"

"Kloppenberg has provided the first sustained attack on the long-standing judicial practice of avoidance in at least a generation...her argument deserves careful attention."
--Cass Sunstein," New Republic," 10/01

It is one of the unspoken truths of the American judicial system that courts go out of their way to avoid having to decide important and controversial issues. Even the Supreme Courtfrom which the entire nation seeks guidancefrequently engages in transparent tactics to avoid difficult, politically sensitive cases.

"[A] well-informed book."
-- "Choice"

The Court's reliance on avoidance has been inconsistent and at times politically motivated. For example, liberal New Deal Justices, responding to the activism of a conservative Court, promoted deference to Congress and the presidency to protect the Court from political pressure. Likewise, as the Warren Court recognized new constitutional rights, conservative judges and critics praised avoidance as a foundational rule of judicial restraint. And as conservative Justices have constituted the majority on the Court in recent years, many liberals and moderates have urged avoidance, for fear of disagreeable verdicts.

By sharing the stories of litigants who struggled unsuccessfully to raise before theSupreme Court constitutional matters of the utmost importance from the 1970s-1990s, Playing it Safe argues that judges who fail to exercise their power in hard cases in effect abdicate their constitutional responsibility when it is needed most, and in so doing betray their commitment to neutrality. Lisa Kloppenberg demonstrates how the Court often avoids socially sensitive cases, such as those involving racial and ethnic discrimination, gender inequalities, abortion restrictions, sexual orientation discrimination, and environmental abuses. In the process, the Court ducks its responsibility to check the more politically responsive branches of government when "majority rule" pushes the boundaries of constitutional law. The Court has not used these malleable doctrines evenhandedly: it has actively shielded states from liability and national oversight, and aggressively expanded standing requirements to limit the role of federal courts.

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.

The concept of learning to 'think like a lawyer' is one of the cornerstones of legal education in the United States and beyond. In this book, Jeffrey Lipshaw provides a critique of the traditional views of 'thinking like a lawyer' or 'pure lawyering' aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing on his extensive experience at the intersection of real world law and business issues, Professor Lipshaw presents a sophisticated philosophical argument that the "pure lawyering" of traditional legal education is agnostic to either truth or moral value of outcomes. He demonstrates pure lawyering's potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors. This book offers an avenue for getting beyond (or unlearning) merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book will be of great interest to scholars of legal education, legal language and reasoning as well as professors who teach both doctrine and thinking and writing skills in the first year law school curriculum; and for anyone who is interested in seeking a perspective on 'thinking like a lawyer' beyond the litigation arena.

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.

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.

This book addresses the relationship between restorative justice and children's rights, an issue of increasing relevance to restorative justice theory and practice that has thus far received relatively little attention. Readers will find useful reviews of international human rights documents and of legislation, policy and practices in countries in Europe, Africa, Asia, South America, North America, and Oceania. Each of the chapters demonstrates the compatibility between children's rights and restorative justice. Adopting a rights-based approach is an important means for countries that are interested in further developing restorative justice practices, as it helps restorative processes that are new to the juvenile justice system to gain credibility as well as safeguard young participants' rights in these processes. In countries where restorative justice has been developed, a rights approach can stimulate innovation and applications beyond the child justice system. The book focuses on both needs and rights of children and young people who caused harm or suffered harm. Some chapters also adopt a critical point of view to explore the tensions between rights and restorative justice in relation to colonisation, welfare models, and professional privilege. Studies in Restorative Justice Restorative justice offers a unique approach to crime and victimisation and a change of course from the traditional preoccupation with retribution and transgression of rules in the criminal justice system. This book series aspires to highlight the many accomplishments achieved through the use of restorative justice practices in response to crime and social conflict. It is a collection of groundbreaking theoretical essays on the principles, uses and versatility of restorative justice as well as state-of-the-art empirical research into the implementation of restorative justice practices, experiences in these programmes and evaluation of its impact on victim recovery, reoffending and community capacity building. Contributors include established scholars and promising new scholars.

This unique book offers a practical guide to deconstructing judgments for the purpose of fair criticism and appeal. It shows how judgments are written and examines the style and language of judges expressing judicial opinion. It will assist experienced practitioners, newly appointed recorders and tribunal chairman. The work is founded upon independent research in the form of interviews conducted with judges at every level from deputy district judge to Lords of Appeal in ordinary, and the practical application of existing academic material more usually devoted to the structure and analysis of wider prose writing. It is illustrated by reference to reported judgments, both well-known and obscure, of the past 100 years. Contents include: .The nature of judgment .How to read a judgment .The use of language in judicial opinion .Argument and legal logic .Fair criticism .Writing judgments .How judges decide .The appellate judgment .Problems with law reporting .Judicial style The author is a practising barrister in the UK and a Professor of Mediation for a US university.

Behavioural science comes into play in every aspect of running a legal business, from the way strategic decisions are made, to the way good or bad news is delivered, through to how lawyers interrelate and communicate with clients. Law firms are now implementing human science initiatives to gain a competitive edge as they compete against each other for market share. Leading the Future: The Human Science of Law Firm Strategy and Leadership - provides practical how-to advice and guidance on how human sciences are interacting with the different aspects of leading, managing, and marketing in a law firm. It highlights how law firm leaders can harness human sciences to: + Develop new skills and autonomous ways of working for staff + Examine the best ways of going about formulating strategies + Ensure a high level of staff engagement, flexibility, and innovation + Improve decision making in the legal profession + Build the right culture to drive innovation and facilitate change + Create and inspire high performing teams (HPT) + Listen, discover and communicate what clients' real needs are, persuade and influence them, and target them more accurately + Build and sustain trust and cooperation throughout the firm. + Encourage cross-selling, resolve conflicts, and build collaborative relationships with clients + Hire, promote, inspire, and reward to drive staff performance and engagement Case Studies, Practical Tools and Tips... Each chapter in Leading the Future is supported by illustrative case studies from a broad range of international and regional firms, with tools and tips that you can immediately put into practice. The authors Dr Bob Murray and Dr Alicia Fortinberry (www.fortinberrymurray.com ) have deep experience in applying the latest science to business challenges and are uniquely qualified to guide law firm leaders to shape a successful strategy and drive positive change through the right leadership, culture, business development, and customer relationships for your legal business. "This book will make you think. For those active in the legal sector or with an interest in it, this looks at a number of familiar issues through a different lens. It looks at the various behavioural and physiological elements relevant to people and law firms and how these intersect with getting things done and making change happen in law firms. I found that lightbulbs went off as I reviewed the unfolding chapters - around particular issues that we (and no doubt many others) wrestle with in our businesses. Volatile and changing times call for different ways of thinking to solve and make progress against both the perennial issues and new emerging issues for legal businesses. Some of the lessons in this book can help, especially in terms of interacting with the people that make up our businesses. The authors draw upon both their technical knowledge and their practical experiences to provide helpful insights into things like implementing strategy to make them work; leading clever committed people; implementing change; and unlocking the conundrum of collaboration." Mark Rigotti, Global CEO and Partner, Herbert Smith Freehills