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Books > Law > Jurisprudence & general issues > Legal skills & practice
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.
This is a guide for the working lawyer. "Elements of Claims and Defenses in Nevada" provides the elements of claims and defenses in Nevada law. This is a manual and reference for the working Nevada lawyer. Civil claims and affirmative defenses are explained. The book features a helpful index and table of authorities. The claims covered include the following: Abuse of Process, Accord and Satisfaction, Accounting, Aiding and Abetting, Alter Ego, Assault, Assumpsit, Attorney's Fees, Bad Faith, and more: Bad Faith Battery Breach of Contract Breach of Duty of Fair Representation Breach of Fiduciary Duty Breach of Implied Covenant of Good Fath and Fair Dealing Breach of Implied Warranty to Perform n a Workmanlike Manner Civil Conspiracy Civil Conspiracy to Defraud Claim and Delivery Concert of Acton Construction Defects Constructive Dismissal Constructive Fraud Constructive Trust Consumer Fraud Contributory Infringement Conversion Copyright Infringement Deceit or Misrepresentation Deceptive Trade Practice Declaratory Judgments Joinder of Partes Provisional Remedies Defamation Defense of Property Dental Malpractice Detinue Disparate Treatment Elder Exploitation Equal Pay Clam Equitable Estoppel Equitable Len Equitable Tolling Failure to Properly Supervise or Train under U.S.C. 1983 False Arrest False Imprisonment First Amendment Retaliation Fraud on the Court Fraud in the Inducement Fraud/ Intentional Misrepresentation Fraud Intentional Misrepresentation Garnishment Proceedings Gross Negligence Hostile Work Environment Implied Warranty of Habitability Implied Warranty of Workmanlike Manner Indemnity Injunction Injunction, Covenant Not to Compete, and Trade Secrets Preliminary Injunction Intentional Infliction of Emotional Distress Intentional Interference with Contractual Relations Intentional Interference with Prospective Business Relations Intentional Misrepresentation Interpleader Limitations Periods for Contribution and Indemnity Intrusion upon Seclusion Invasion of Privacy Judicial Notice Legal Malpractice Libel Loss of Consortium Loss of Parental Consortium Malicious Prosecution Medical Malpractice or Dental Malpractice Nevada Cases. Federal and Other Cases. Misappropriation Money Had and Received Negligence Negligence Per Se Negligent Entrustment Negligent Hiring, Training, Supervision, and Retention Negligent Infliction of Emotional Distress Negligent Inspection and Maintenance Negligent Misrepresentation Negligent Repair and the Deceptive Appearance of Safety Negligent Security Nuisance Patent Infringement Product Liability or Strict Product Liability Promissory Estoppel Punitive Damages Quantum Meruit, Quasi Contract or Unjust Enrichment Quasi Contract Receivership Receiver: Jurisdiction Replevin Rescission Res Ipsa Loquitur Respondeat Superior Resulting Trust Retaliation Retaliatory Termination for Whistleblowing Section Clams Slander (defamation) Slander Per Se Slander of Title Specific Performance Strict Liability Survival of Causes of Action Tortious Breach of the Covenant of Good Fath and Fair Dealing Tortious Interference with Contract Trade Secrets Trespass to Chattels Trover Uninsured Motorist (UM) Stacking UM Unjust Enrichment Unlawful Employment Practices Waiver Workers' Compensation Wrongful Death The affirmative defenses include the following: Absolute Immunity, Abstention (Burford Abstention and Thibodaux Abstention, Colorado River Abstention, Pullman Abstention, Rooker-Feldman Doctrine, and Younger Abstention), Accord and Satisfaction, Acquiescence, Act of God, Adequate warning, Adhesion Contract, Adverse Possession, Agency, Alteration of Product / Abnormal Use / Misuse, Anticipatory Repudiation, Approval, and Arbitration.
Knowledge management plays an important role in helping law firms as knowledge organizations create, share and apply knowledge to the needs of law firm clients. This book covers important topics such as characteristics of knowledge, knowledge management systems, objectives and strategies, knowledge processes, change analysis, and change strategy framework.
2012 Reprint of 1961 Edition. Exact facsimile of the original edition, not reproduced with Optical Recognition Software. In this title Nizer recounts some of his significant civil and criminal cases. The tension of the courtroom and the fervor of the advocate pervaded his books, including "My Life in Court," which made him nationally famous. It rose to the top of The Times's best-seller list and logged 72 weeks as a sales leader. One critic praised it as "entertaining and philosophically instructive, an unusual combination." The book included stories of court cases that Mr. Nizer had won, including the famous libel action that the writer Quentin Reynolds, with Mr. Nizer as his lawyer, brought successfully against the columnist Westbrook Pegler. The account of that case served as the basis of the 1963 Broadway play "A Case of Libel."
Robert Martin shines the spotlight of truth on the dismal state of free speech in Canada. With impeccable research and a clear, conversational tone, Robert provides devastating commentary on the absurdity of political correctness and post-modern liberalism.
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.
This book is about knowledge management (KM) in law firms. Knowledge has gained increased recognition in management literature as well as in management practice over the last decade as an important strategic resource and differentiating factor. The focus of the book is on the academic and practical efforts directed at identifying essential KM issues such as the form of knowledge and cultural values in law firms, as well as mechanisms that, for example, support sharing and developing knowledge in law firms.
An effective teaching and learning text, Basic Labor and Employment Law for Paralegals covers all the essential elements in depth and breadth in a rational three part structure. "Introduction to Labor and Employment Law" examines the historical development of labor and employment law in America alongside the nature of the employment relationship. "Labor-Management Relations in the Union Setting" shows how American labor law regulates labor-management relations and includes methods of selecting collective bargaining representatives, unfair labor practices by employers and unions, economic weapons in labor disputes and the formation and administration of labor contracts. "Employment Discrimination" deals with the various forms of discrimination and the methods and procedures of pursuing employment discrimination claims. To underscore concepts and ensure student understanding, each chapter features marginal definitions, fact scenarios illustrating the concepts, and questions about specific facts for the students to consider. Answers to the fact scenarios are included at the end of each chapter. Discussion questions and exercises are provided to help students apply the concepts, and engaging case excerpts give them experience with case analysis. The Second Edition has been completely updated to include new material analyzing the Lilly Ledbetter Fair Pay Act of 2009, a federal statute amending the Civil Rights Act of 1964. Additional new material discusses the Genetic Information Nondiscrimination Act, a federal statute prohibiting employment discrimination on the basis of genetic information. Fresh case references and examples appear throughout the text. Hallmark features of Basic Labor and Employment Law for Paralegals: Covers all essential elements of United States labor and employment law in depth Divided into three sections o Introduction to Labor and Employment Law historical development of labor and employment law in America nature of the employment relationship o Labor-Management Relations in the Union Setting how labor law regulates labor-management relations methods of selecting collective bargaining representatives unfair labor practices by employers and unions economic weapons in labor disputes the formation and administration of labor contracts o Employment Discrimination various forms of employment discrimination in American law methods and procedures of pursuing employment discrimination claims Chapter pedagogy o marginal definitions o fact scenarios illustrating the concepts
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: 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. |
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