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Books > Law > Jurisprudence & general issues > Legal skills & practice
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.
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.
Lawyers know that client counseling can be the most challenging
part of legal practice. Clients question and often resist the
complexities and uncertainties inherent in law and legal process.
Honest advice from the lawyer can make a client doubt his or her
allegiance and zeal. Client backlash may be directed at the lawyer
who communicates bad news. Thus, the lawyer may feel torn between
the obligation to clearly inform a client about weaknesses in legal
positions and fear of damaging the client relationship. Too often,
the lawyer struggles to counsel a particularly difficult client,
but to no avail.
Formatting Briefs in Word explains how to create all the elements of a legal brief in Microsoft Word. Written by a lawyer for lawyers, paralegals and law students, readers will find this book invaluable for creating the best formatted briefs possible. While good formatting will not save a terrible brief, it will enhance a good one; and a good brief can be destroyed by poor formatting. Every page of this book is devoted towards solving the problems of formatting briefs. Topics include how to set up Word for legal writing; font selection; page layout; formatting using styles; creating tables of contents and authorities; and creating cover pages. Conformance with court rules is stressed throughout. This is an intermediate to advanced book on Word. The reader is expected to know already Word basics. This book takes the reader to a higher skill level.
This candid, no-nonsense guide to excelling as a commercial lawyer offers a frank and forthright look at the modern solicitors' profession. The book advises those who seek to make a career out of commercial lawyering, and it goes far beyond the common-sense guidance found in other current texts. This is an honest and up-to-the-minute look at how to succeed early on in the profession, written by a UK lawyer who offers a unique combination of experience as a practitioner, trainer, and law firm voyeur. 21st-Century Solicitor takes into account the vast changes that the profession has undergone during the past few years. No longer is success in the law dependent on technical aptitude alone. While good solicitors undoubtedly have to be able to understand and apply the law, to achieve success they must also master a range of what used to be called 'soft skills.' Taking this into account, the book explores every facet of what makes a modern, successful solicitor, concentrating in particular on personal branding and recognizing the importance of self-awareness when working in a law firm. Combining humor with pragmatism, it surfs lightly through theory, concentrating on practical and easily accessible hints and tips for young solicitors wanting to make a positive lasting impression from day one.
Writing and Drafting in Legal Practice provides an up to date and comprehensive guide to writing and drafting - from the first stages of preparation to the final edit - for anyone starting out on a legal career. Unlike an English usage text or style guide or a specialised drafting or precedent book, Writing and Drafting in Legal Practice condenses and combines the main principles, rules, techniques and conventions in one volume for newcomers to legal writing and drafting. It is designed to accompany readers from vocational study through to their qualification as solicitors, as well as throughout the early years of practice. Coverage of email and other electronic communications is included, as are a wide range of legal writing formats such as reports and memoranda. Featuring checklists and examples, it can also be used as a reference for suggested approaches to common problems.
The legal profession is currently undergoing a fundamental change in the way law is practiced as a result of technology, globalization, and an unstable economy. In order to stay competitive in a rapidly evolving global market, solos and small firms need to learn how to integrate processes, technology, and sound business judgment into their practices. Discussing such relevant topics as cost containment, efficiency, and project management; cloud productivity tools; creating a virtual law office; security, ethics, and regulation in the cloud; the future of international security regulation; content marketing; and alternative fee agreements, Law Practice Strategy: Creating a New Business Model for Solos and Small Firms runs the gamut of pertinent information unlike any other resource available today. By showing how to integrate each of these concepts and practices, a successful business model with breadth and vision emerges for solos and small firms. There are currently a number of books being published that focus on just one or two isolated elements-or "pillars"-of the evolving law practice management landscape dealing with the integration of processes, technology, and sound business judgment. None, however, incorporate all of the pillars in a comprehensive, accessible format like Law Practice Strategy: Creating a New Business Model for Solos and Small Firms. Uniquely targeted and highly ambitious, it is the go-to source for constructing a viable business strategy for the solo and small firms in need of an entrepreneurial makeover to survive in a revolutionary new paradigm. Culled from a unique blend of twenty-two years of professional experience in both law practice and business, this cutting edge primer is the book for tomorrow available today, focusing not on how to keep up with the curve, but how to get ahead of it by understanding the curve as it forms and acting on that understanding.
In 1936 Piero Calamandrei, an Italian lawyer and law professor, published Elogio dei Giudici Scritto da un Avvocato, a wry collectionof maxims, anecdotes and observations on the nature of the legalprocess. Translated in 1946 as Eulogy of Judges, Written by a Lawyer, it gradually acquired a reputation among sophisticated legal circlesas the best lawyer's book ever written. Written by a self-describedmember of the "Piero Calamandrei Freemasonry Society," Eulogy ofLawyers revives the spirit of its great predecessor while shifting thefocus to the other side of the bench.Preface by Bryan A. Garner, President, LawProse, Inc.; Distinguished Research Professor of Law, SouthernMethodist University, Dallas, Texas; Editor, current editions ofBlack's Law Dictionary."Stein is a rare breed: a superb, noted advocate - one of the finestof his day - who is also a literary essayist. I can think of only twocomparable predecessors: Lord Brougham and Clarence Darrow." --Bryan A.Garner, Preface, xii-xiii.Jacob A. Stein has, for over 60 years, conducted a trial practice. Hehas been an adjunct professor at American University Law School, George Washington University Law School, and Georgetown University LawSchool where he has taught for the last 21 years. He has beenpresident of the District of Columbia Bar. He has served on variousjudicial committees connected with the Federal Judiciary. He wasappointed in 1985 to serve as the United States Independent Counsel toinquire as to the suitability of the President's choice as AttorneyGeneral of the United States. His articles have appeared in The American Scholar, Times Literary Supplement, The Washington Post, TheWilson Quarterly, the Washington Lawyer, the Green Bag, Litigation, and other publications. His books include Legal Spectator & More(2003), The Law of Law Firms (1994), Closing Argument: The Art and theLaw (1969) and other titles.
A step-by-step guide to starting a 21st century law office. For the solo practicioner who wishes to make a good living while embracing a new type of law practice. From picking an office to technology issues to advertising. You don't need big dollars to start and compete with other attorneys--you just need a plan and this book provides it.
Anyone who gets through law school knows a lot about the law. The
problem is that they don't know how to run a law practice and
provide legal services to clients. This book provides lawyers with
the nuts and bolts of doing just that as well as how to keep
clients coming back-in other words-how to be a lawyer and make
money.
A practical guide for the newly graduated court reporting student, this book is a great way to start your profession looking and acting like a seasoned veteran. Great for beginning students as well, it reveals scores of helpful hints you can put to use immediately in the field. It helps you create and sustain a reputation that will translate into more lucrative and fascinating assignments.
A Substantial Collection of Legal Maxims That is Now an Accepted Classic Each 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 152 Herbert 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. CONTENTS Ch.I. Sec. I. Rules Founded in Public Policy Sec. II. Rules of Legislative Policy Ch. II. Maxims Relating to the Crown Ch. III. Sec. I. The Judicial Office Sec. II. The Mode of Administering Justice Ch. IV. Rules of Logic Ch. V. Fundamental Legal Principles Ch. VI. Acquisition, Enjoyment and Transfer of Property Sec. I. The Mode of Acquiring Property Sec. II. Property-Its Rights and Liabilities Sec. III. The Transfer of Property Ch. VII. Rules Relating to Marriage and Descent Ch. VIII. The Interpretation of Deeds and Written Instruments Ch. IX. The Law of Contracts Ch. X. Maxims Applicable to the Law of Evidence
Lawyers perform many tasks. This book focuses on the core tasks with law. The core tasks are as follows: Organising law. This covers ascertaining the overall structure of an area of law. It also covers the task of organising an individual legal rule by dividing it into its elements and consequences. Making law. This explains the making of statute law and common law. Interpreting law. This explains the interpretation of statute law and common law. Using law in litigation and transactions. This explains the overall task. This also explains two specific tasks, namely applying law to facts and proving facts Communicating law. This involves the major tasks of writing law. Discussion includes advice on how to answer a problem question. This also involves reading law. Discussion includes advice on reading cases and statutes.
Lawyers perform many tasks. This book focuses on the core tasks with law. The core tasks are as follows: Structuring law Making law Interpreting law Using law in litigation and transactions, which involves two major tasks, namely applying law to facts and proving facts This book: examines the concepts of rationality and irrationality describes the reasoning processes that should underlie the core tasks that lawyers perform. These reasoning processes should ensure that each task is done as effectively and efficiently as human endeavour can make it. The main reasoning processes are as follows - conditional statement, deduction, induction, abduction, analogy, probability, policy, analysing ambiguity and observation. explains how an understanding of the reasoning processes that should be used becomes a basis for legal method since it is the basic for constructing models for working with law. However, it explains these only briefly since there is a full discussion of these models in a companion book Legal Method.
As a result of globalization, cross-border transactions and litigation, and multilingual legislation, outsourcing legal translation has become common practice. Unfortunately, over-reliance on such outsourcing has given rise to significant dangers, including information asymmetry, goal divergence, and risk. Legal Translation Outsourced provides the only current reference on commercial legal translation performed outside institutions. Juliette Scott casts a critical eye on the practice as it now stands, offering an analysis of key risks and constraints. Her work is informed by empirical data of the legal translation outsourcing markets of 41 countries. Scott proposes original theoretical models aimed both at training legal translators and informing all stakeholders, including principals and agents. These include models of legal translation performance; a classification of constraints on legal translation applying upstream, during and downstream of translation work; and a description of the complex chain of supply. Working to improve the enterprise itself, Scott shows how implementing a comprehensive legal translation brief-a sorely needed template-can significantly benefit clients by increasing the fitness of translated texts. Further, she opens a number of avenues for future research with an eye to translator empowerment and professionalization.
Now in its 2010 paperback edition with a new Foreword, this enduring analysis of law and organizations that change the community--the core relationship between citizen and state--takes aim at real problems in the modern system. A recognized socio-legal classic, first published by Penn Press in 1990, studies the problem of law and community targeted at specific problems that still resonate: health care, medical consent, pollution, special education, and care for the elderly and poor. Handler considers not only theories of justice and process, but also their real applications to people caught in the machinery of government dependency and mystification. From the Foreword by Professor Frank Munger, this book "grapples with one of the twentieth century's enduring legacies--our continuing reliance upon the welfare state to solve problems of collective existence and increasing recognition of the limits of bureaucratic administration. Nowhere is this more apparent than in programs for the poor, disabled, single parents, young, elderly and others on society's margins, the policy domain in which Joel Handler has had a major voice for much of his career. Handler is at heart a civil rights advocate, and his long exploration of the welfare state's promise, and its failures, grows from concerns about those who are critically dependent upon its entitlements. As citizens of the twenty-first century, sadder but wiser after sub-prime mortgage and hedge-fund crises, more of us are becoming members of this group.... His explorations always include, as in this book, both broad intellectual inquiry and creative syntheses leading toward new ideas and opportunities and] he always provides us with a reason to continue to believe in humanitarian reform." Part of the "Classics of Law and Society," a series of the essential canon of broader law study, with bibliography and index.
This short helpful guide on the intricacies of Child Custody is written with the needs and wants of men in mind. Direct answers to the most asked questions, with explanations that are in regular English, make this book readable and useful. The case studies, and the Essays for Fathers are bonus features, that highlight the law of Child Custody.
The "Legislative Drafter's Deskbook" offers practical advice and insight for those engaged in legislative drafting, those more interested in policy than drafting itself, or those interested in reading and interpreting the law. This book explains why laws are drafted the way they are. Legislative drafting is - to the extent it is writing at all - the form of writing used for legislative measures, a category that covers original bills and resolutions as well as amendments. Ultimately, legislative drafting is the form of writing used for enacted law. The focus of this book is on legislative drafting for the Congress of the United States, but many, if not most, of the principles described here apply just as well to drafting for other legislatures. As forms of writing go, drafting is not freewheeling like poetry, nor showy like rhetoric, nor personal like a novel. Drafting is disciplined, rigorous, and analytical. Done well, drafting can also be creative, elegant, and clever. (Unfortunately, drafting is not always done well.) The purpose of this book is to provide practical advice on drafting to anyone who does, or may, engage in drafting, and indirectly to provide insight into the drafting process to other interested people. For example, this book is for people who are more interested in policy than in drafting, but want to understand why drafters operate the way they do. It is also for people who are more interested in reading and interpreting the law than in drafting, but want to understand why laws are drafted the way they are. It is hoped that this book will be accessible to beginners while remaining valuable to veterans. The traditional method of training drafters is to train them on the job; the consensus is that drafting is best learned holistically, on a case-by-case basis. For that reason this book is best used as a resource, not a course. It is a supplement to, not a substitute for, the learning that comes from experience. The author designed this book to answer the variety of questions about drafting that arise daily in the work of individuals with a professional interest in how bills, resolutions, and laws are drafted. The approach used here is pragmatic: You will find no linguistic theories or esoteric conundrums discussed here. What you will find is solid advice for everyday drafting projects. "A masterful work. It is comprehensive and exceptionally well
written. It is an essential tool for anyone who drafts legislation
or interprets the law." "An essential and indispensable book, both as a reference work
and as a thorough introduction to Federal legislative
drafting." "The succinct and thorough assessment of good legislative
drafting techniques provides a set of 'best practices' for drafters
at all levels of government." "State legislative drafters will also greatly appreciate this
work." Summary of Contents Complete Table of Contents online at www.LegislativeDraftersDeskbook.com
On the Multistate Performance Test (MPT) you must not only research and write a brief or another law office task, you must finish the job in just 90 minutes. The book Perform Your Best on the Bar Exam Performance Test (MPT) features: Detailed instructions for the time-saving MPT-MatrixTM system for noting research quickly on one sheet of paper, which avoids note-taking and provides a blueprint for rapid drafting. Templates for briefs, memos, and letters. Twelve (12) actual MPT tasks, as released by the National Conference of Bar Examiners (NCBE), including a range of difficulty and a variety of formats, and 12 Graders Point Sheets An analytic note on each of the 12 MPT tasks, explaining how to read and outline the instructions, and how to organize and present each work product for a higher score Twelve (12) complete sample answers for those actual MPT tasks, demonstrating appropriate format, content, tone, and organization for each task |
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