Legal skills and practice Books

Book SynopsisTrade Review"He is a word man without peer, and his usage and grammar rules are gospel." --The Journal of Appellate Practice and Process "All lawyers who rely upon written argument in their practices shoud have a copy of the book close at hand." --New York Law Journal "A thoroughly valuable and original reference for lawyers who want to win. It deserves a spot on every litigator's bookshelf." --The Federal Lawyer "All judges should attach a copy of The Winning Brief to each briefing schedule they order from the bench.... A valuable addition to any library with legal writing resources." --Legal Information ALERT "A book on 'writing' should be fun to read. In his book, Garner makes his teaching fun with the use of examples and quotations.... The more time you spend with this book, the more persuasive you arguments could be, whether in support of a motion or in support of habeas corpus." --The Colorado Lawyer "The profession badly needs an accessible primer for advice on and solutions to the most common problems. Bryan Garner's The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts is just such text. All lawyers who rely upon written argument in their practices shoud have a copy of the book close at hand." --New York Law JournalTable of ContentsPreface to the Third Edition ; Preface to the Second Edition ; Acknowledgments ; Prologue (Tip 1) ; Composing in an Orderly, Sensible Way (Tips 2-10) ; Conveying the Big Picture (Tips 11-19) ; Marching Forward Through Sound Paragraphs (Tips 20-26) ; Editing for Brisk, Uncluttered Sentences (Tips 27-43) ; Choosing the Best Words (Tips 44-56) ; Punctuating for Clarity and Impact (Tips 57-62) ; Becoming Proficient in Designing Text (Tips 63-69) ; Sidestepping Some Common Quirks (Tips 70-84) ; Capitalizing on Little-Used Persuasive Strategies (Tips 85-91) ; Hitting Your Stride as a Brief-Writer (Tips 92-100) ; Appendix A: A before-and-after makeover of a motion to dismiss ; Appendix B: A petition for discretionary review ; Appendix C: A remarkable appellee's brief ; Select Bibliography ; Index

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Book SynopsisAimed at law students and upper-level undergraduates, this primer on legal reasoning is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students and a challenge to a wide range of current academic theories.Trade ReviewA welcome complement to [Edward] Levi’s approach, as well as being easier for the legal novice to understand. Yet Schauer’s book also offers the lawyer and scholar useful perspective on what he or she does. -- Brian Leiter * Times Literary Supplement *Thinking Like a Lawyer is excellent reading material for anyone wishing a deeper and more nuanced—even a more magnanimous—understanding of the motivations behind law’s often convoluted pronouncements. -- John Azzolini * Law Library Journal *This book will belong on every law professor’s and law student’s bookshelf—and on many others’ bookshelves as well. -- Lawrence A. Alexander, University of San Diego School of Law, author of Is There a Right of Freedom of Expression?Thinking Like a Lawyer is well-designed to work for first-year law school classes. It covers the most important themes relating to law and legal reasoning, and manages to do so in ways that are accessible and thought-provoking. -- Brian H. Bix, University of Minnesota, author of Jurisprudence: Theory and ContextThinking Like a Lawyer is by far the best available introduction to legal reasoning, of interest to law students and their teachers alike. It should be enlightening to the general reader as well, who will learn what, for better and perhaps for worse, distinguishes ‘thinking like a lawyer’ from other approaches to analyzing social problems. -- Sanford V. Levinson, University of Texas Law School, author of Our Undemocratic Constitution: Where the Constitution Goes WrongSchauer is a leading scholar of jurisprudence and legal process, and his new book is as comprehensive, thorough, and sophisticated an introduction to legal reasoning as it is a lucid one. All of the bases are covered, and law students, teachers, practicing lawyers, and judges alike will gain perspective and insight from seeing the entire range of legal reasoning techniques laid out before them. -- Richard A. Posner, Judge, U.S. Court of Appeals for the Seventh Circuit, author of How Judges ThinkTable of Contents* Preface * Is There Legal Reasoning? * Rules--in Law and Elsewhere 2.1 Of Rules in General 2.2 The Core and the Fringe 2.3 The Generality of Rules 2.4 The Formality of Law * The Practice and Problems of Precedent 3.1 Precedent in Two Directions 3.2 Precedent--The Basic Idea 3.3 A Strange Idea 3.4 On Identifying a Precedent 3.5 On the Force of Precedent--Overruling, Distinguishing, and Other Types of Avoidance * Authority and Authorities 4.1 The Idea of Authority 4.2 On Binding and So-Called Persuasive Authority 4.3 Why Real Authority Need Not be "Binding" 4.4 Can There Be Prohibited Authorities? 4.5 How Authorities Become Authoritative * The Use and Abuse of Analogies 5.1 On Distinguishing Precedent from Analogy 5.2 On the Determination of Similarity 5.3 The Skeptical Challenge 5.4 Analogy and the Speed of Legal Change * The Idea of the Common Law 6.1 Some History and a Comparison 6.2 On the Nature of the Common Law 6.3 How Does the Common Law Change? 6.4 Is the Common Law Law? 6.5 A Short Tour of the Realm of Equity * The Challenge of Legal Realism 7.1 Do Rules and Precedents Decide cases? 7.2 Does Doctrine Constrain Even if It Does Not Direct? 7.3 An Empirical Claim 7.4 Realism and the Role of the Lawyer 7.5 Critical Legal Studies and Realism in Modern Dress * The Interpretation of Statutes 8.1 Statutory Interpretation in the Regulatory State 8.2 The Role of the Text 8.3 When the Text Provides No Answer 8.4 When the Text Provides a Bad Answer 8.5 The Canons of Statutory Construction * The Judicial Opinion 9.1 The Causes and Consequences of Judicial Opinions 9.2 Giving Reasons 9.3 On Holding and Dicta 9.4 The Declining Frequency of Opinions * Making Law with Rules and Standards 10.1 The Basic Distinction 10.2 Rules, Standards, and the Question of Discretion 10.3 Stability and Flexibility 10.4 Rules and Standards in Judicial Opinions * Law and Fact 11.1 On the Idea of a Fact 11.2 Determining Facts at Trial--The Law of Evidence and Its Critics 11.3 Facts and the Appellate Process * The Burden of Proof and Its Cousins 12.1 The Burden of Proof 12.2 Presumptions 12.3 Deference and the Allocation of Decision-Making Responsibility * Index

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Book Synopsis

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Book Synopsis

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Book SynopsisThis handbook gives legal practitioners, students and new mediators practical guidance on the mediation process. Drawing on her experience as a mediator, academic and a businessperson, Marjorie Mantle takes a down-to-earth approach to mediation, pointing out the pitfalls as well as the benefits.Table of ContentsIntroduction 1; 1. What is Mediation?; 2. Key Principles; 3. Mediation in Practice; 4. SellingMediation; 5. Choosing a Mediator; 6. Role of the Legal Practitioner; 7. Mix'n'Match; Appendices: 1. Online dispute resolution; 2. Documentation; 3. Sample Contract for Services; 4. Sample Costs, Terms and Conditions; 5. Sample Agreement to Mediate; 6. Sample Settlement Agreement and Joint Minute; 7. Checklist for choosing a mediator; 8. Checklist for preparation; 9. Assessing mediator performance; 10. Checklist for assessing mediator performance; 11. Assessing your own performance; 12. Client profiles and predicting the future; 13. Confidentiality and Privilege; 14. Dispute resolution clauses; 15. Extra people at the meeting; 16. Our multicultural society and mediation; 17. Styles of mediation; 18. Historical background to mediation; 19. European Code of Conduct for Mediators; 20. Case Studies; 21. Useful references, by subject area; 22. Index.

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Book SynopsisEU law is an autonomous legal system. It requires its own methodology. The contributions to this volume provide elements of a genuinely European legal method. They discuss the foundations of European legal methodology in Roman law and in the development of national legal methods in the 19th century as well as the economic and comparative background. Core issues of legal methods such as the sources of law, the interpretation of EU primary law and secondary legislation, the concretisation of general clauses, and judicial development of the law are also analysed. The temporal effects of EU directives on the one hand and of judgments of the Court of Justice of the European Union on the other raise specific issues of EU law. Contributions are also devoted to issues of a multi-level legal system. Beyond general aspects, directives, in particular, raise special questions: what is their impact on the interpretation of national law; and what are the methodological consequences of a transposition of directives beyond their original scope ('gold-plating')? Further contributions inquire into methodological issues in contract law, employment law, company law, capital market law and competition law. They illustrate the general aspects of European legal methods with a view to specific applications and also reveal specific issues of methods which occur in these areas. Finally, legal methods from national perspectives of different Member States, namely France, Germany, Italy, Poland, Spain and the United Kingdom, are examined. The authors reveal national traditions of legal methods and national preconceptions and illustrate the application of EU legal methods in different national contexts.Trade Review'This comprehensive and carefully compiled book discusses the methodology of European law. [...] [It] is particularly relevant to academics and students in European law.' -- Review of the 1st edition, SEW, Journal of European and Economic Law (2018)Table of Contents1. European Legal Methodology: Introduction and Overview (p. 1) PART 1. FOUNDATIONS 2. Legal Methods in Ancient Rome (p. 11) 3. Judging Statutes and the 19th Century: Judicial Compliance with Statutes, Interpretation and Analogy (p. 31) 4. Comparative Law (p. 61) 5. Law-Making and Adjudication for the Internal Market: The Role of Economic Reasoning (p. 87) PART 2. GENERAL SECTION CHAPTER 1. SOURCES OF LAW: 6. The Sources of European Private Law (p. 117) CHAPTER 2. EU PRIMARY LAW: 7. Interpretation and Development of EU Primary Law (p. 157) CHAPTER 2. EU PRIMARY LAW: 8. Interpretation in Conformity with Primary Law (p. 181) CHAPTER 2. EU SECONDARY LAW: 9. System (Systemdenken) and System Building (p. 211) CHAPTER 2. EU SECONDARY LAW: 10. Interpretation of EU Secondary Law (p. 249) CHAPTER 2. EU SECONDARY LAW: 11. Concretisation of General Clauses (p. 283) CHAPTER 2. EU SECONDARY LAW: 12. Judicial Development of Law (p. 313) CHAPTER 4. EFFECTS ON THE NATIONAL LAW OF THE MEMBER STATES: 13. Interpretation in Conformity with Directives (p. 341) CHAPTER 4. EFFECTS ON THE NATIONAL LAW OF THE MEMBER STATES: 14. Gold-Plating: The Implementation of Directives Through National Provisions with a Wider Scope of Application (p. 375) CHAPTER 4. EFFECTS ON THE NATIONAL LAW OF THE MEMBER STATES: 15. The Advance Effect of Directives (p. 405) CHAPTER 4. EFFECTS ON THE NATIONAL LAW OF THE MEMBER STATES: 16. Temporal Effects of CJEU Judgments (p. 435) PART 3. SPECIAL SECTION CHAPTER 1. METHODOLOGICAL ISSUES IN SELECTED BRANCHES: 17. European Labour Law (p. 469) CHAPTER 1. METHODOLOGICAL ISSUES IN SELECTED BRANCHES: 18. European Capital Market Law (p. 499) CHAPTER 1. METHODOLOGICAL ISSUES IN SELECTED BRANCHES: 19. European Competition Law (p. 527) CHAPTER 2. NATIONAL PERSPECTIVES: 20. Germany (p. 551) CHAPTER 2. NATIONAL PERSPECTIVES: 21. France (p. 581) CHAPTER 2. NATIONAL PERSPECTIVES: 22. United Kingdom (p. 621) CHAPTER 2. NATIONAL PERSPECTIVES: 23. Spain (p. 649) CHAPTER 2. NATIONAL PERSPECTIVES: 24. Poland (p. 675)

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Book SynopsisThis new edition of Criminal Defence offers a step-by-step guide to practice and procedure in all of the criminal courts. It covers the process in detail, from the role of the defence solicitor, through to shaping a case at the police station, to preparing for trial and finally action after acquittal or conviction and sentence. It also contains specific chapters on youths and clients at a disadvantage. Based on up-to-date case law, it is a best practice guide to being a criminal solicitor and complements the goals of the Law Society's Criminal Law Accreditation Scheme.Table of Contents1. The defence solicitor; 2. Legal and professional duties; 3. Obtaining core information for the file; 4. Maintaining file quality; 5. Managing the case; 6. Shaping the case in the police station; 7. Funding the case; 8. The defendant in custody; 9. Advising your client to plead guilty or not guilty; and on likely sentences if convicted; 10. Choosing a place of trial; 11. Preparing for sentence: plea of guilty or conviction; 12. Directions and case management for trial: special measures, bad character and hearsay; 13. Preparing for trial: analysing witness testimony and obtaining disclosure; 14. Preparing for trial: gathering evidence and analysing physical material; 15. Preparing for a Crown Court trial: process issues; 16. Youths; 17. Clients at a disadvantage; 18. Action after acquittal or conviction and sentence; Appendices.

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Book SynopsisIn-house lawyers need and want to develop their professional and management skills. But unlike lawyers practising in law firms, there may not be dedicated resources designed to support them. It will often be a case of DIY. Managing and Developing Your Career as an In-house Lawyer by Ian White and Simon McCall is a companion to their report Your Role as General Counsel: How to Survive and Thrive in Your Role as GC. It seeks to provide practical ideas and tips on how a busy in-house lawyer can actively manage their own development. The aim is to help them perform more effectively in their current role and also prepare them for promotion or a move elsewhere. It covers: Taking responsibility for your own development; Being a businessperson as well as a lawyer; Doing an MBA – or recreating the MBA experience by learning from other people in the business; Moving into a leadership role; Honing key personal skills – delegating, giving feedback, listening, motivating; Becoming a coach or mentor to your team; Developing your career beyond the GC role – within or outside your organisation; and Taking on a non-executive director role. This Special Report is essential reading for any in-house lawyer wanting to continue learning and developing and enhance their career prospects. It is relevant for recently appointed in-house lawyers all the way up to more established GCs.Table of ContentsI. Introduction 5 1. How it all came about 5 2. Who has this Special Report been written for? 5 3. Why you need this Special Report 6 4. How this Special Report is set out 7 5. A way of looking at development 9 II. Moving in-house 11 1. Why? And is it for you? 11 2. What makes working in-house different? 12 3. No longer a one-way street 14 III. Learning about other functions – business and management skills 15 1. What skills are needed and where can you acquire them? 15 IV. Skills for the in-house lawyer 19 1. Developing your team 19 2. Moving upwards 32 V. The lawyer as coach and mentor 35 1. Coaching 35 2. Mentoring 42 VI. Developing your career away from law (but in a legal environment) 45 1. What does the new organisation need from you? 45 2. What will you be doing? 46 3. Conclusion 48 VII. Developing your career in-house (but not as a lawyer) 49 1. Getting to be GC or a similar role 49 2. The options when you become GC or a senior lawyer 50 VIII.Developing your career after law 59 1. The importance of managing your career life 59 2. One reason to develop a post-law career: you may be working at 103! 60 3. Or is it just luck? 62 4. Developing a different type of CV 62 5. Where to get help 63 6. Becoming a non-executive director 65 IX. Some final words of wisdom 67 1. Advice and tips 67 2. Concluding thoughts 72 Endnotes 74 About the authors 76 About Globe Law and Business 78 Notes and ideas 79

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Book SynopsisIn Point Taken, Ross Guberman delves into the work of the best judicial opinion-writers and offers a step-by-step method based on practical and provocative examples. Featuring numerous cases and opinions from 35 prolific judges - from Learned Hand to Antonin Scalia - Point Taken, explores what it takes to turn great judicial writing into great writing. Guberman provides a system for crafting effective and efficient openings to set the stage, covering the pros and cons of whether to resolve legal issues up front and whether to sacrifice taut syllogistic openings in the name of richness and nuance. Guberman offers strategies for pruning clutter, adding background, emphasizing key points, adopting a narrative voice, and guiding the reader through visual cues. The structure and flow of the legal analysis is targeted through a host of techniques for organizing the discussion at the macro level, using headings, marshaling authorities, including or avoiding footnotes, and finessing transitionTrade ReviewIf I were a judge, I'd make this required reading for my law clerks. Point Taken is an invaluable resource for any judge who cares about the craft of writing opinions." -David Lat, Managing Editor, Above the LawIn Point Taken, Guberman has done both the wonderful and the impossible. He's done a wonderful job synthesizing the craft of writing judicial opinions. His insights and techniques are extraordinary, and he demonstrates great discipline in presenting a menu of approaches rather than dictating a particular style. He provides a superb tool for judges and arbitrators (and, yes, law clerks) to do their jobs better while cultivating a style that suits them. He also achieved what I thought was impossible: he transformed legal writing into a guilty pleasure. The book is fun, which is rare for any work that teaches so much." -Noah Messing, Lecturer, Yale Law School and AAA ArbitratorTable of ContentsIntroduction ; Part I. Set the Stage: The Opening ; Part II. The Tale: The Facts ; Part III. The Meat: The Legal Analysis ; Part IV. The Words: Style "Must-Haves" ; Part V. The Words: "Nice-to-Haves" in Style ; Part VI. Dissents: The Road Not Traveled ; Part VII. Appendices ; Biographies ; Practice Pointers ; Index

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Book SynopsisHow to Write Law Essays and Exams provides a practical and proven method of analysing, structuring and answering essays and exam questions. Designed for students of all levels, this book is packed full of worked examples, tips, and nurtures the vital writing and analytical skills needed to help students succeed in their studies.Table of Contents1: An introduction to writing law essays and exams 2: Building the necessary foundation: reading, understanding and summarising legal materials 3: Step one in the IRAC method: the issue 4: Step two in the IRAC method: the rule 5: Step three in the IRAC method: the application 6: Step four in the IRAC method: the conclusion 7: Adapting IRAC to 'discuss' (standard essay) questions 8: General tips on legal writing 9: Adapting IRAC for professional practice 10: Worked questions

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Book SynopsisDrafting is designed to equip trainee barristers with the requisite skills to draft high-quality legal documents across all areas of practice. The manual contains practical advice on the skill of drafting in a number of legal settings, including contract, tort, and criminal proceedings.Each chapter contains numerous examples accompanied by detailed commentary on the key features of the draft. Exercises are included throughout the manual, offering the opportunity to practice and perfect your own style of drafting.Digital formatsThis edition is available for students and institutions to purchase in a variety of formats.The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks

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Book SynopsisAdopting a highly practical approach, Remedies is designed to help trainee barristers identify appropriate remedial relief for their clients, and calculate damages where necessary.Remedies fully prepares trainee barristers for practice with coverage of the specific remedies which are available in various areas of law, including judicial review, trusts, unlawful discrimination, and EU remedies. The manual also details when specific remedies are available and what must be established for the chosen remedy to be granted.Digital formatsThis edition is available for students and institutions to purchase in a variety of formats.The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks

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Book SynopsisCriminal Litigation offers a comprehensive and practical guide to the subject. Using realistic case studies and online resources, students are encouraged to focus on putting their understanding into a practical context. Diagrams, self-test questions, and summaries of key points ensure the text is easy to use.

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Book SynopsisCivil Litigation introduces students to the processes and procedures involved in making and defending civil litigation claims. The text is ideal for students taking the Legal Practice Course or relevant LLB or LLM modules and features case studies on both a personal injury matter and a commercial matter, making it suitable for students with either a high street or a commercial focus.Following the chronological progression of a civil litigation claim, the book offers practical guidance on advising clients whilst ensuring that the latest principles of the SRA Handbook and Code of Conduct are maintained. Students on CILEx courses, new trainees in practice, and paralegals will find this practical guidance of use in both their study and their work.Innovative diagrams at the beginning of chapters clearly illustrate the litigation procedure and help students understand the nature of the process as a whole. Examples provide students with a realistic context for their learning, while issues of

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Book SynopsisWritten by two experts in the field, the Business Law LPC manual provides practical, up-to-date coverage of company, partnership, taxation, and insolvency law. The manual provides all of the required material students need to understand the latest legal developments affecting business law transactions, with a particular focus on relevant taxation law and business accounts.Examples are used throughout the manual to enable students to contextualize their learning effectively. Extensive and updated statutory references allow students both to cross-refer to appropriate primary sources, and to use the guide to interpret such sources. The book''s depth of coverage, accessible format, and clear structure make it an ideal reference for students on the Legal Practice Course.Digital formats and resourcesThis edition is available for students and institutions to purchase in a variety of formats.- Access to a digital version of this book comes with every purchase to enable a more flexible learning

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Book SynopsisThis well-respected and highly regarded book provides straightforward coverage of all aspects of law and police procedure that affect the community at large. It is comprehensive, easy to understand, and suitable for all readers, including those with no formal legal training. Police Law meets the reference needs of thousands of police officers, and provides an excellent source of information for members of the public wishing to refer to a legal text written in an accessible way. It is a practical volume for everyday use, which police officers and others working and studying in this area will find invaluable.This edition has been fully updated. In addition to a host of amendments to pre-existing legislation, new bodies of statute law, such as the Investigatory Powers Act 2016, the Haulage Permits and Trailer Registration Act 2018, and the Assault on Emergency Workers (Offences) Act 2018, are dealt with. Case law developments are also described, as are revisions to the PACE Codes.Introduc

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Book SynopsisThe most practical foundation for law students, combining content on the English legal system, academic and professional skills, and commercial awareness and employability.Legal Systems & Skills is the essential contemporary toolkit for law students, equipping them with the tools they need to thrive in their academic studies and onto employment. Accessible and engaging, with a wide range of pedagogical features to help students to apply their knowledge and think critically about the law Learning supported by annotated documents, real-life examples, flowcharts, and diagrams, providing visual representations of concepts and processes Comprehensive content on employability, including CV preparation and transferable skills, alongside features like ''Practice tip'', ''What the professionals say'' and ''Selling your skills'' Expanded coverage on sentencing, the judiciary, new routes into the legal professions, and legal technology New content on retained EU law, following post-Brexit changesTrade ReviewAn excellent resource: this well-written book provides a good introduction and overview to a broad range of topics and skills for undergraduate students. * Dr Joe Atkinson, Lecturer in Law, University of Sheffield *A comprehensive book covering the key aspects of the legal system, legal skills and employability skills--the employability section is particularly important and useful. * Dr Amy Elkington, Senior Lecturer in Law, University of Chichester *The quality of the book's content is generally very high. The sections on practical skills and commercial awareness are particularly relevant and have a good level of detail and information. * Dr Carmino Massarella, Lecturer in Law, University of Hull *This textbook is great value for money and has great coverage. Fundamentally, the book puts the law into context, with an excellent number of examples to illustrate key legal skills concepts, and helps students draw introductory links between the different year one modules. I particularly like that the book does not become redundant after first year and is relevant to students throughout their LLB Law journey. * Stephen Clear, Lecturer in Law, Bangor University *Well-written and structured: Slorach's strength remains the ability to present concisely a variety of topics on content and skills. * Dr Audrey Guinchard, Senior Lecturer and Director of Legal Skills, University of Essex *Table of ContentsPart I Legal Systems 1: Introduction to law 2: Legal systems and sources of law 3: The court system of England & Wales 4: Legislation 5: Case law 6: Legal services and ethics Part II Legal Skills 7: Reading cases and legislation 8: Research 9: Problem solving and case/matter analysis 10: Persuasive oral communication and presentations 11: Client interviews and meetings 12: Negotiation and mediation 13: Advocacy and mooting 14: Writing and drafting 15: Revision and assessment Part III Employability and Commercial Awareness 16: Making yourself more employable 17: CVs, applications, and interviews 18: Understanding clients: individuals and businesses 19: Businesses and the business environment 20: Essential economics and finance 21: Law firms as businesses

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Book SynopsisThis book by Roger W. Shuy, the senior figure in forensic linguistics, is the first to explain in an accessible way the vital role that linguistic evidence and its proper analysis play in criminal investigations. Shuy provides compelling case studies of how language functions in investigations involving, among others, wired undercover operatives, and the interrogation of suspects. He makes the point that language evidence can be as important as physical evidence, but yet does not enjoy the same degree of scrutiny by investigators, attorneys, and the courts. Beyond this, however, his more controversial thesis is that police frequently misuse or manipulate language, using various powerful controversial strategies, in order to intentionally create an impression of the targets'' guilt or even to get them to confess. attorneys, law enforcement officers, judges, and juries This book makes its case by analyzing a dozen criminal cases involving a variety of crimes, such as fraud, bribery, stolTrade ReviewCreating Language Crimes will easily fit into any undergraduate course on discourse analysis, and it will serve as an excellent primer for non-specialists who wish to understand how the study of language and the practice of law enforcement and investigation converge. * American Speech *Table of ContentsIntroduction Part I: Crimes, Conversational Strategies, and Language Power 1: How Language Crimes Are Created 2: Conversational Strategies Used to Create Crimes 3: The Power of Conversational Strategies Part II: Uses by Cooperating Witnesses 4: Overlapping, Ambiguity, and the Hit and Run in a Solicitation to Murder Case: Texas v. T. Cullen Davis 5: Retelling, Scripting, and Lying in a Murder Case: Florida v. Alan Mackerley 6: Interrupting, Overlapping, Lying, Not Taking "No" for an Answer, and Representing Illegality Differently to Separate Targets in a Stolen Property Case: US v. Prakesh Patel and Daniel Houston 7: Eleven Little Ambiguities and How They Grew in a Business Fraud Case: US v. Paul Webster and Joe Martino 8: Discourse Ambiguity in a Contact Fraud Case: US v. David Smith 9: Contamination and Manipulation in a Bribery Case: US v. Paul Manziel 10: Scripting by Requesting Directives and Apologies in a Sexual Misconduct Case: Idaho v. J. Mussina Part III: Uses by Law Enforcement Officers 11: Police Camouflaging in an Obstruction of Justice Case: US v. Brian Lett 12: Police Camouflaging in a Purchasing Stolen Property Case: US v. Tariq Shalash 13: A Rogue Cop and Every Strategy He Can Think Of: The Wenatchee Washington Sex Ring Case 14: An Undercover Policeman Uses Ambiguity, Hit and Run, Interrupting, Scripting, and Refusing to Take "No" for an Answer in a Solicitation to Murder Case: The Crown v. Mohammed Arshad 15: Manipulating the Tape, Interrupting, Inaccurate Restatements, and Scripting in a Murder Case: Florida v. Jerry Townsend Part IV: Conversational Strategies as Evidence 16: Eight Questions about the Power of Conversational Strategies in Undercover Police Investigations References Cited Cases Cited Index

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Book SynopsisInternational lawyers and international relations scholars recognize that international norms change over time. Practices that were once permissible and even normal - like slavery, conquest, and wartime plundering - are now prohibited by international rules. Yet though we acknowledge norm change, we are just beginning to understand how and why international rules develop in the ways that they do. Wayne Sandholtz and Kendall Stiles sketch the primary theoretical perspectives on international norm change, the legalization and transnational activist approaches, and argue that both are limited by their focus on international rules as outcomes. The authors then present their cycle theory, in which norm change is continual, a product of the constant interplay among rules, behavior, and disputes. International Norms and Cycles of Change is the natural follow-on to Prohibiting Plunder, testing the cycle theory against ten empirical cases. The cases range from piracy and conquest, to terrorism, slavery, genocide, humanitarian intervention, and the right to democracy. The key finding is that, across long stretches of time and diverse substantive areas, norm change occurs via the cycle dynamic. International Norms and Cycles of Change further advances the authors'' theoretical approach by arguing that international norms have been shaped by two main currents: sovereignty rules and liberal rules. Sovereignty rules are the necessary norms for establishing an international society of sovereign states and deal with the rights, prerogatives, and duties of states. Liberal rules are norms that emerged out of the Enlightenment and enshrine the basic value, dignity, and inherent rights of each person. Sandholtz and Stiles include five cases of sovereignty rules and five of liberal rules in order to reveal the broad cyclic pattern of international change in these two categories of rules.Table of ContentsChapter 1. Explaining International Norm Change ; Part I: Sovereignty Rules ; Chapter 2. Banning Piracy: The State Monopoly on Military Force ; Chapter 3. The End of Conquest: Consolidating Sovereign Rights ; Chapter 4. Protecting Cultural Treasures in Wartime ; Chapter 5. Terrorism: Reinforcing States' Monopoly on Force ; Chapter 6. Extraterritoriality: Expanding Exclusive Internal Jurisdiction ; Part II: Liberal Rules ; Chapter 7. Slavery: Liberal Norms and Human Rights ; Chapter 8. Genocide ; Chapter 9. Refugees and Asylum ; Chapter 10. Humanitarian Intervention: Liberal Norms vs. Sovereignty Norms ; Chapter 11. The Right to Democracy ; Chapter 12. Conclusion

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Book SynopsisTable of ContentsChapter 1: Introduction Part I: Targets of Ambition Chapter 2: Recognition Chapter 3: Money Chapter 4: Power Part II: Identity and Obstacles to Ambition Chapter 5: Gender Chapter 6: The Development of Ambition and the Role of Class, Race, Ethnicity, and National Origin Part III: Channeling Ambition Chapter 7: Families and Schools Chapter 8: Conclusion: Ambition for What? At What Cost Notes References Index

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Book SynopsisTrade ReviewRipstein ... done a great service to the philosophical debate on the morality of war. * Lior Erez, Haifa University, Israel, Springer Nature Switzerland *Table of ContentsDedication Acknowledgements Chapter 1: Perpetual War or Perpetual Peace Chapter 2: Political Independence, Territorial Integrity, and Private Law Analogies Chapter 3: National Defense Chapter 4: Ius In Bello I: Perfidy Chapter 5: Ius In Bello II: Combatants and Civilians Chapter 6: Ius In Bello III: Punishment Chapter 7: Ius In Bello IV: New Types of War Chapter 8: Ius Post Bellum: Kant's Juridical Critique of Colonialism Chapter 9: The Structure of Peace: Global Institutions and Cosmopolitan Right

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Book SynopsisA significant problem within the legal profession is that many of the lawyers litigating cases and the judges deciding them have only a limited understanding of how to properly interpret empirical evidence. Trial by Numbers provides an easy way for members of the legal profession to acquire a basic understanding of the most common methods that serve as the building blocks for empirical evidence in academic articles, policy briefs, and expert witness reports. Adam Chilton and Kyle Rozema take a different approach to other introductory books on empirical methods, omitting the formulas and equations found in other books, and instead focusing on explaining the intuition and logic of common empirical methods. The work also exclusively use examples that are relevant to law school and legal practice.

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Book SynopsisToward the end of the twentieth century, English lawyers enjoyed widespread respect and prosperity. They had survived criticism by practitioners and academics and a Royal Commission enquiry, but the final decade witnessed profound changes. First the Conservatives sought to apply laissez-faire principles to the profession. Then Labour transformed the legal aid scheme it had created half a century earlier. At the same time, the profession confronted cumulative changes in higher education and women''s aspirations, internal and external competition, and dramatic fluctuations in demand. This book analyses the politics of professionalism during that tumultuous decade, the struggles among individual producers (barristers, solicitors, foreign lawyers, accountants) their associations, consumers (individual and corporate, public and private) and the state to shape the market for legal services by deploying economic, political and rhetorical resources (including changing conceptions of professionTrade Review'Abel has long been the most learned and perceptive commentator on the English legal profession...This is an immensely important book...' * Geoffrey Bindman, the Law Society Gazette, 11 December 2003 *'I pay fulsome tribute...to Abel's remarkable grasp of the subject... Anyone interested in the history of the English legal profession is ...indebted to him...' * Michael Zander QC *...Professor Abel's ... complex theorisation of the recent history of the legal profession is drawn from extraordinarily detailed source work. The result is a rich critical history which will prove invaluable for students of the English and Welsh legal profession. At the same time the fact that the analysis is set in the context of underlying social and political change renders it an important contribution to our understanding of the ongoing reconfiguration of state and citizenship. * Dr Hilary Sommerlad *...Professor Abel once again shows his absolute mastery of the subject area, of the background, of the theory and of the facts. This is a book for researchers, for serious students, for historians and policy makers and for practitioners with a view beyond the immediate. It will be essential reading for anybody who wishes to comment on a crucial decade in the development of the English legal profession...The final chapter brings an overall analysis with strong, unremitting and characteristic comment from the most important commentator on the English legal professional scene. No one can detract from the comprehensive majesty of the agglomeration or the certainty of its analytic touch. * Professor Avrom Sherr *Table of Contents1. The Legal Profession in English Politics ; 2. An Unlikely Revolutionary ; 3. Halting the Tide ; 4. Reflecting Society? ; 5. Defending the Temple ; 6. Controlling Competition ; 7. Conservatives Cut Legal Aid Costs ; 8. Labour Ends Legal Aid As We Know It ; 9. Serving Two Masters: The Dilemma of Self-Regulation ; 10. Governing a Fractious Profession ; 11. The Future of Legal Professionalism

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Book SynopsisThis book analyses the key skills that a lawyer needs to handle a case effectively, a topic that is not covered coherently in any other book. At a time of rapid and wide-ranging change in the delivery of legal services, the current edition involves a complete reworking of the last edition to take into account the implications of the implementation of the Jackson Review, and to see effective litigation clearly in the context of concerns about funding, case management by the court, costs, and the growing use of alternative dispute resolution. The book has a strong focus on the needs of the legal practitioner, the decisions to be taken at each stage of a case, and the criteria to apply in making those decisions. This is all securely based in references to relevant Civil Procedure Rules and decided cases, with checklists and commentary to assist in the project management of a case. The book also focuses on the skills a lawyer needs to work effectively. This includes skills in dealing with Table of Contents1. The growing focus on 'Effective' Litigation ; 2. An Overview of the Litigation Process ; 3. Dispute Management and Alternative Dispute Resolution Options ; 4. Legal Practitioners and the developing Professional Context ; 5. Advising a Client and Taking Instructions ; 6. Financing Litigation ; 7. Establishing and Analysing Facts ; 8. Making best use of relevant Law ; 9. Defining Issues ; 10. Joining the right Parties ; 11. Legal Letters and Opinions ; 12. Drafting Statements of Case ; 13. Pursuing Appropriate Remedies ; 14. Defending an Action ; 15. Track Allocation and Directions ; 16. Active Case Management and the use of Sanctions ; 17. Costs Management and Budgeting ; 18. Evidence, Disclosure and Witness Statements ; 19. The potential roles of Experts ; 20. Procedural Rules as Practical Tools ; 21. Managing Risk and Cost Benefit Assessment ; 22. Settling a Case and Part 36 offers ; 23. Preparing a Case for trial and drafting Skeleton Arguments ; 24. Presenting a Case in Court ; 25. Costs Orders and Costs Shifting ; 26. Enforcing a Judgment ; 27. Challenging a Judgment ; 27. Your Practice

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Book SynopsisLawyers'' Skills helps students develop the legal skills required for successful practice in the modern solicitor''s firm. The book equips students with a solid understanding of the theory and concepts underpinning the key skills areas of legal writing and drafting, interviewing and advising, practical legal research, and advocacy. Guidance is also provided on a range of other professional skills which should be mastered before going into practice, including effective time management, negotiation, and email etiquette.The inclusion of realistic examples from practice, tasks, and reflective exercises emphasizes the interactive nature of skills as a subject and encourages students to develop, practise, and refine their legal skills. Chapter summaries, diagrams, and self-test questions are also featured throughout and provide additional learning support to students. The text is essential reading for all LPC students and is also a useful source of reference for newly-qualified practitioners.Digital formats and resourcesThis edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - Access to a digital version of this book comes with every purchase to enable a more flexible learning experience - 12 month''s access to this title on Oxford Learning Link will be available from 15 July 2022. Access must be redeemed by 1 August 2024. - The online resources for students include a selection of realistic sample documentation designed to highlight legal writing and drafting in action across a range of legal documents, and references to further reading for those wishing to delve deeper into the subject area. - For lecturers a test bank of multiple choice questions is available to registered adopters and can be used to assess students'' understanding of topics covered in the book.Table of Contents1: Introduction 2: Interviewing and advising 3: Legal writing 4: Drafting legal documents 5: Legal research 6: Practical problem-solving 7: Negotiation 8: Advocacy and the solicitor 9: Managing your workload 10: Continuing your learning

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Book SynopsisWills, Probate and Estates sets out best practice and procedure in the area of wills, trusts, probate, and the administration of estates. The manual provides accessible, practical and thorough coverage of this key topic, including example precedents, and fully explains the legal background to procedures.Table of Contents1: Introduction to will drafting 2: Basic elements of a will and mutual wills 3: The legal personal representative 4: Will drafting - the rights of spouses/civil partners, cohabitants, and children 5: Instructions, attendance, and execution 6: Administration of estates: probate practice and procedure 7: Extracting a grant of probate 8: Extracting a grant of administration intestate 9: Extracting a grant of administration with will annexed 10: Second and subsequent grants (de bonis non grants) 11: Non-contentious applications (either to the Probate Officer or to the Court) 12: Administration after the grant has issued 13: Beneficiaries including: spouses/civil partners, cohabitants, and children of the deceased 14: Obligations, duties, and claims on the estate 15: Distributing the estate, vesting of property, and finalising matters

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Book SynopsisConveyancing is designed for trainee solicitors studying applied land law on the Professional Practice Course in Ireland and will also be of benefit to practitioners. The manual offers complete coverage of all the knowledge needed when practising conveyancing, including the legal concept of property, and the protection, acquisition, and movement of proprietary interests.Featuring sample documentation and precedents illustrating the procedural aspects of conveyancing, this tenth edition has been fully revised to cover legislative changes, updates to taxation, and new practice directions and developments in property registration, including new sections on eRegistration, landdirect.ie, edischarges and expanded material on drafting a statement of title. This edition also includes the QeD form (Quick electronic Discharge) for Residential Property; updated Law Society Practice notes; an update to HomeBond cover for new builds and updated sample deeds and notes on title chart. The principles Table of Contents1: Introduction to Conveyancing and Systems of Registration 2: Steps in a Conveyancing Transaction 3: Ethics 4: Title 5: Investigation of Title 6: Contract for Sale 7: The Family Home 8: Drafting 9: Mortgages 10: Searches 11: Planning 12: New Houses 13: First Registration 14: Dealing with Registered Land 15: Requisitions on Title 16: Conveyancing and Taxation

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Book SynopsisCovering all aspects of the client interview, Conference Skills is designed to help trainee barristers develop the key written, interpersonal, and case-work skills required to conduct successful client conferences. Special attention is devoted to skills of questioning, listening, and advising, to ensure the trainee barrister is well equipped to maximize a client conference in terms of gathering information and giving advice.Featuring numerous how-to-do-it guides, worked examples, and realistic case documentation, the manual offers practical step-by-step guidance so that the trainee barrister can approach any client conference with confidence.

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Book SynopsisDrafting is designed to equip trainee barristers with the requisite skills to draft high-quality legal documents across all areas of practice. The manual contains practical advice on the skill of drafting in a number of legal settings, including contract, tort, and criminal proceedings.Each chapter contains numerous examples accompanied by detailed commentary on the key features of the draft. Exercises are included throughout the manual, offering the opportunity to practice and perfect your own style of drafting.

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Book SynopsisOpinion Writing and Case Preparation equips trainee barristers with the tools and techniques they need to identify, analyse, and present convincing legal arguments, and gives a thorough grounding in the skill of writing opinions.With its systematic approach to legal research and fact management, the manual provides trainee barristers with an efficient and reliable method for preparing a client''s case. The fundamental qualities of effective writing are also clearly identified and explained, helping you develop this essential skill. Particular care is taken to guide you through the appropriate ways of writing opinions in a variety of contexts.

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Book SynopsisAdopting a highly practical approach, Remedies is designed to help trainee barristers identify appropriate remedial relief for their clients, and calculate damages where necessary.Remedies fully prepares trainee barristers for practice with coverage of the specific remedies which are available in various areas of law, including judicial review, trusts, unlawful discrimination, and EU remedies. The manual also details when specific remedies are available and what must be established for the chosen remedy to be granted.

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Book SynopsisA unique reference guide to taxation in conveyancing and probate practice, this manual provides the legislative background and numerous practical examples of how the taxes are calculated and the role and duty of care of the solicitor.

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Focusing on the processes involved in taking law exams, this book demonstrates how students can do justice to themselves by adopting the techniques employed by successful examinees. Suggestions are made as to the ways in which materials can be manipulated and legal arguments marshalled; and methods are identified by which both essay and, more especially, problem questions can be approached.

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Book SynopsisSolicitors'' Accounts provides a user-friendly guide to a subject that often poses serious problems for students unfamiliar with the principles and practice of accounting. It provides comprehensive, up-to-date coverage of all areas required by the Solicitors'' Regulation Authority for business accounts and solicitors'' accounts on the Legal Practice Course, including full coverage of double-entry book-keeping and final accounts of sole owners, partnerships and companies. It also deals with the Solicitors'' Accounts Rules and the practical application of these in solicitors'' accounts, including property and probate transactions. Each chapter starts with an overview of the areas to be covered and also states the learning objectives the student should aim to achieve. Contextual examples are used throughout the chapters demonstrating how the principles of accounting should be applied to situations in practice. At the end of each chapter there is a checklist of the key areas students must Table of Contents1. Introduction to solicitors' accounts and basic bookkeeping ; 2. The Trial Balance ; 3. Final accounts ; 4. Adjustments to final accounts ; 5. Further adjustments to final accounts ; 6. Partnership accounts ; 7. Basic accounting concepts and trading accounts ; 8. Company accounts ; 9. Group companies and consolidated accounts ; 10. Interpretation of accounts and accounting ratios ; 11. Basic solicitors' accounts ; 12. Transfers and mixed money ; 13. Value added tax ; 14. Financial statements and property transactions ; 15. Deposit interest and interest payable to clients ; 16. Probate transactions ; 17. Further transactions ; 18. Short answer questions and revision questions on solicitors' accounts

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Book SynopsisUnsure what skills employers are looking for or how best to develop and demonstrate them? With coverage of the core academic, practical, and transferable skills that can be gained during your studies,Employability Skills for Law Students will help you develop the employability skills you need to pursue your chosen career on graduation.Trade ReviewA must buy for any law student determined to make their mark on the legal job-market - I highly recommend it * George Laurencin, Head of Employability, School of Law and Social Sciences, University of East London *If you are thinking of starting an undergraduate law degree, or have already started it, you should seriously consider buying a copy of Employability Skills for Law Students. * The Student Law Journal *If you spend some time reading the tips, you will be better prepared and maximise your prospects of a successful outcome. At less than £30, Employability Skills for Law Students is a very worthwhile investment. * The Student Law Journal *Table of ContentsPART I: UNDERSTANDING EMPLOYABILITY SKILLS; PART II: IDENTIFYING EMPLOYABILITY SKILLS; PART III: BUILDING EMPLOYABILITY SKILLS; PART IV: FOCUSSING EMPLOYABILITY SKILLS; PART V: DEMONSTRATING EMPLOYABILITY SKILLS

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Book SynopsisFor most lawyers, effective client counseling is neither intuitive nor easy. Lawyers tend to avoid or delay communicating bad news out of a fear of client backlash, or because they feel torn between the obligation to clearly inform clients about weaknesses in legal positions and fear of damaging the client relationship. There is a perception that honest advice from a lawyer can make a client doubt the allegiance and zeal brought to a particular legal matter. Client Science helps lawyers to effectively communicate with their clients, particularly when delivering bad news or other legal realities. Author, Marjorie Corman Aaron, explains the applicable social sciences and translates insights from these fields into plain language to help improve a lawyer''s ordering, timing, phrasing, and type of explanation, as well as style adjustments for the lawyer''s voice, gesture, and body position. Ultimately, she demonstrates how the proverbial well-informed client--meaning a client who fully undeTrade Review"No one wants to deliver bad news, but we all have to do it. In Client Science, Marjorie Corman Aaron makes sense of intuition and translates gut feelings into an effective operating procedure for difficult conversations that we dread having. Her expert guidance and analysis will help lawyers handle tough client moments with grace, confidence, and control." --Russ Bleemer, Editor, Alternatives to the High Cost of Litigation "In this highly readable book, Marjorie Corman Aaron focuses on the real world in which our clients make decisions. She presents a clear-eyed, holistic review of our clients' needs, perspectives, emotions, and false beliefs. Brimming with practical insights and supported by real-world examples, her advice will help counselors to assist clients in making wise decisions about risk -- which is, after all, what our clients want and need from their lawyers." --Joseph D. Heyd, Director & Associate General Counsel, Global Litigation The Procter & Gamble Company "Lawyers need emotional intelligence as well as analytical abilities. Based on years of experience both as a classroom teacher and a mediator, Marjorie Corman Aaron's new book, Client Science is a 'must read' for lawyers who want to communicate more effectively with their clients and create more productive relationships." --Robert H. Mnookin, Williston Professor of Law and Chair, Program on Negotiation, Harvard Law School "Marjorie Corman Aaron explores the characteristics that distinguish a great counselor from merely a good lawyer. Knowledge, strategy and skill all define a good lawyer, but it is emotional intelligence and the ability to communicate effectively that define a counselor who understands that client communication is not just about speaking; it is also about hearing and translating. Professor Aaron helps us understand how body position, posture, and motion all play a role in how clients listen, what they learn and how we are heard by them. Client Science should be mandatory reading for every lawyer entering the practice of law today." --Regina M. Pisa, Esq., Chairman, Goodwin Procter LLP "Client Science is a thoughtful and enlightened manual for perhaps the most difficult of all lawyering skills -- handling the client. Starting from a base of practical experience and social science, Marjorie Corman Aaron provides wise advice in an important area that is frequently neglected, if not ignored entirely. The book is not only clear and persuasive, it is one of those rare books that manages to be practical, entertaining, and thought-provoking at the same time. I strongly recommend it to lawyers and law students alike." --F. Dennis Saylor IV, United States District Judge, District of Massachusetts "Given the wide array of books addressing the many aspects of business and professional success, it is surprising how few texts there are offering practical advice for legal practitioners. Marjorie Corman Aaron's Client Science is a gem, providing common sense yet thought-provoking perspective on the challenges of counseling clients and practical advice for doing it effectively. The lessons are all the more powerful because they afford helpful insight and concrete approaches to lawyers at all stages of their career. This is a book I expect to go back to over and over again as long as I am practicing, and I strongly recommend it to law students, lawyers, faculty and professional development managers." --Laura C. Hodges Taylor, Partner, Goodwin Procter LLP "The bottom line is that effective communication skills are one of the keys to successfully representing your clients. Sure, skilled legal representation is important, but that's all for naught if, at the end of the day, your unhappy, confused, and frustrated clients end up seeking replacement counsel. So if nothing else, the lesson to be learned is that better communication results in better legal representation. This book will help you achieve both and is well worth the investment." --Nicole Black, Rochester Daily Record "Professor Aaron is a 'communication scholar.' She has researched the subject thoroughly and documented references in copious footnotes...This book would make a great...gift for new attorneys. It would be equally appreciated by experienced attorneys who aspire to be mediators. It is virtually a manual on communication. That it covers the topic so exhaustively makes sense because Professor Aaron is expert in both the psychology and the mechanics of communication." --Kerri W. Feeney, Trial NewsTable of ContentsCONTENTS ; ACKNOWLEDGMENTS ; PREFACE ; INTRODUCTION ; CHAPTER 1: BAD NEWS AND THE FULLY INFORMED CLIENT ; CHAPTER 2: TRANSLATING THE TERRAIN ; CHAPTER 3: MEANING TRUTHS ; CHAPTER 4: EMOTIONAL EFFECTS AND AFFECTING EMOTIONS ; CHAPTER 5: PREDICTABLE AND POTENT PSYCHOLOGY ; HOW TO SAY IT, AND WHY ; CHAPTER 6: CHOICES IN VOICE ; CHAPTER 7: CHOREOGRAPHY OF COUNSEL ; CHAPTER 8: A GESTURE TO CLARITY ; CHAPTER 9: CHANNEL NAVIGATION NOTES ; FINAL THOUGHTS ; INDEX

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Book SynopsisA famous defender of the underdog, the oppressed, and the powerless, Clarence Darrow (1857-1938) is one of the true legends of the American legal system. This book collects Darrow's most influential summations and supplements them with scene-setting explanations and comprehensive notes.Trade Review"That Clarence Darrow was the great protagonist of that age, no one would deny.... In the present volume, Mr. Weinberg wisely permits him to speak for himself." (American Bar Association Journal) "All of Clarence Darrow's most celebrated pleas are here.... As Justice William O. Douglas observes in an appreciative foreword, 'His arguments are a full orchestration carrying great power in cold print' - despite, it might be added, their homespun, gallus-hitching style. The ghastly comedy of his deadpan interrogation of William Jennings Bryan on the origin of man in the Scopes case is particularly recommended." (New Yorker)"

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Book SynopsisAnd with this landmark study as their guide, readers will be able to make their own informed predictions.Trade Review"The best snapshot of Chicago lawyers.... Urban Lawyers is theoretically trenchant, methodologically highly sophisticated, and scrupulously careful. Essential reading for anyone interested in seeking to understand the future of the legal profession from a close reading of its immediate past." - Richard L. Abel, editor of Lawyers: A Critical Reader"

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Book SynopsisLeClercq covers everything a legal writer needs to know, from the mechanics of grammar and punctuation to the finer points of style, organization, and clarity of meaning.Table of Contents Foreword by Chief Justice Thomas R. Phillip Acknowledgments Part I. Introduction: Getting and Keeping a Competitive Edge Introduction 1. Writing like a Lawyer 2. Writing's a Touchy Subject 3. Focus on Density 4. Attorneys and Writer's Block 5. Min(d)ing the Field: Appellate Judges Speak Out Part II. Manipulating Legal Sentences: First Aid 6. The Long Sentence 7. Left-Handed Sentences 8. Marshmallow Constructions 9. Cases and Citations Within the Text 10. Coordination and Subordination: Defining Relationships 11. Examining Other Professional Prose 12. Emulating the Pro's Prose: Stylistic Consciousness 13. Deliberate Sentence Structure 14. Beware of Ambiguous Modifiers Part III. Manipulating Legal Organization: Structure Is Meaning 15. Organization and the Deductive Thrust 16. Organizational Advice for Successful Drafting 17. Quick Tricks for Organization Part IV. Manipulating Words: Bigger Isn't Better 18. Jargon: Manure, Margarine, and Moderation 19. Boilerplate: Empty Formalisms 20. Gender-Neutral Language 21. That's Not What I Meant Part V. Punctuating for Clarity: The Poetry of Punctuation 22. Allowing Commas to Create Meaning 23. Sentence Punctuation Guide 24. "Quotation Marks?" She Queried—or, The Arbitrary Rules Surrounding Quotation Marks 25. That Sophisticated Semicolon 26. Compound Adjectives and Noun Strings Part VI. Advice and References: So Go Be an Expert 27. Testing Your Basics 28. Grammar Rules Versus Suggestions 29. Advice to Partners About Advice 30. Reference Books for Legal Writers Index

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Book SynopsisFrom a master teacher and writer, a fully revised and updated edition of the results-oriented approach to legal writing that is clear, that persuades—and that WINS.More than almost any profession, the law has a deserved reputation for opaque, jargon-clogged writing. Yet forceful writing is one of the most potent weapons of legal advocacy. In this new edition of Writing to Win, Steven D. Stark, a former lecturer on law at Harvard Law School, who has inspired thousands of aspiring and practicing lawyers, applies the universal principles of powerful, vigorous prose to the job of making a legal case—and winning it.Writing to Win focuses on the writing of lawyers, not judges, and includes dozens of examples of effective (and ineffective) real-life legal writing—as well as compelling models drawn from advertising, journalism, and fiction. It deals with the challenges lawyers face in writing, from organization to strengthening and editing prose; offers incisive ways of improving arguments; addresses litigation and technical writing in all its forms; and covers the writing attorneys must perform in their daily practice, from email memos to briefs and contracts. Each chapter opens with a succinct set of rules for easy reference.With new sections on client communication and drafting affidavits, as well as updated material throughout, Writing to Win is the most practical and efficacious legal-writing manual available.

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Book SynopsisFirst published in 1951, this book is a classic in its field and provides a uniquely analytical approach to the subject of advocacy.

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Book SynopsisButterworths Legal Research Guide is designed to guide readers through the difficulties of legal research. It provides a narrative, procedural text for those undertaking legal research courses together with a troubleshooting glossary to the problems that may be encountered in practice. This book takes full account throughout of EC materials. which are treated alongside English materials, together with all the latest human rights materials.Table of ContentsA; B; C

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Book SynopsisLegal research and legal writing: Essential skills for success in the world of lawThe new edition of How to think, write and cite provides students who are new to law with clear and practical guidance on mastering essential skills which will be key to success in their assignments and examinations, and which will also be invaluable in the workplace after graduating. Key features* Developed by experienced Irish academics and researchers specifically for Irish law students* Easy-to-follow, practical advice* Explanations of how to read legislation and court judgments* Step-by-step instructions for accessing online legal databases* Explains effective legal writing for exams and essays, including sample answers and essays* Explains when and how to cite in essays* Includes a detailed citation manual for Irish materials based on the internationally-accepted OSCOLA systemNew to the second edition* Up-to-date information on how to use online databases* Expanded section on use of software to a

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Book SynopsisLaw is a profession that requires the ability to read critically, write well, synthesize sources from research, and speak concisely and clearly. This title was developed to help non-native speakers improve their ability to understand and communicate in English with their legal counterparts around the world.

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Book Synopsis

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Book SynopsisHow should you choose your dissertation topic? What is the best research method to adopt? What is going to make your dissertation achieve the best grades? This book provides a guide to various stages of the research and writing process for law students, and answers the many questions that face first-time researchers.Table of ContentsCONTENTS Introduction Chapter 1. How to Begin - Introduction - What is 'research'? - What is a 'dissertation'? - How to choose your dissertation topic - Specific suggestions for getting you started - Identifying the key issues and marginal issues in your dissertation - Is the research viable in practice? - Putting pen to paper - Conclusion Chapter 2. Getting Along With Your Supervisor - Introduction - Choosing your supervisor - When to choose - What can you expect from your supervisor? - The role of the dissertation supervisor - Devise your own 'learning contract' - At the beginning of your supervision - Writing the dissertation - Meeting your supervisor - Reviewing draft chapters - How much supervision? - Making the most of constructive criticism and formative feedback - Common problems with supervision - Conclusion Chapter 3. Selecting Suitable Approaches to the Conduct of Dissertation Research - Introduction - Resistance to methodological discussion - Positive reasons for engaging in methodological discussion - Recognising the implications of the tension between different research methodologies - Avoiding the pitfalls of selecting an inappropriate methodology -

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Book SynopsisOri Wiener is a strategic business development consultant and executive coach to senior executives of professional services firms. Ori founded GARA Consulting and co-founded the Møller PSF Group Cambridge, one of Europe's leading firms specialising in the support of professional services firms. He previously led global business development and marketing at Linklaters, and worked as an investment banker for S.G. Warburg/UBS and Lehman Brothers in London, New York, Frankfurt, Mexico and other locations. He has a unique combination of perspectives as a fee earner, client, insider and consultant to PSFs.Trade Review"One of the very few books that provides pragmatic guidance on how to raise assignment profitability at professional services firms" * Gareth Hughes, EMEA Head of Pricing, LPM and Analytics, Reed Smith *"This is a robust, research-grounded and above all practical guide, mixed with evidence from a seasoned professional in the field. A really useful addition for partners in any professional services firm." * Mike Mister, Partner, Moller PSF Group Cambridge *"Ori has been at the forefront of pricing and negotiation with PSFs for many years. He has a clear passion for, and understanding of, the complexity this area brings. This book will prove an invaluable guide to those seeking to navigate this increasing important area." * Stuart J T Dodds, Director, Global Pricing and Legal Project Management, Baker & McKenzie Global Services *"A thoroughly well-researched and comprehensive book that tackles the difficult issue of how Professional Service Firms and their clients can best negotiate and agree prices. Ori really understands the realities of achieving better fees and better client relationships." * Kevin Doolan, Managing Partner, Møller PSF Group Cambridge *"In increasingly challenging and competitive markets, this book provides professionals with invaluable guidance in a key - and neglected - area of their relationships with clients." * Anthony Angel, Chairman, 4C Biomed Inc, and former Executive Managing Director EMEA, Standard & Poor’s, and Managing Partner, Linklaters *"Every partner and professional in a professional services firm should have a copy of this book and read it in detail." * Hartmut Papenthin, Managing Director Operations, CMS Hasche Sigle *"A must-have for any professional serious about managing the dilemma between building relationships and charging appropriate fees. I wish I had read it years ago." * Anne Scoular, Managing Director, Meyler Campbell Coaching *Table of Contents Chapter - 00: Introduction; Chapter - 01: What is Different about Buying Professional Services?; Chapter - 02: Why Professional Services Firms are Different; Chapter - 03: The Challenge of Pricing PSF Work; Chapter - 04: Generating Value with Fee Structures; Chapter - 05: How to Deal with Procurement — The Importance of Scope; Chapter - 06: Raising the Institutional Game; Chapter - 07: Preparing for Fee Negotiations; Chapter - 08: Critical First Steps — Planning; Chapter - 09: How to Raise Your Negotiation Success – Deliver a Credible Opening; Chapter - 10: Act 2 – Managing the Flow of Concessions to Capture Value; Chapter - 11: Act 3 – Locking in Gains Through Effective Closing; Chapter - 12: Creativity – The Ultimate Negotiation Skill; Chapter - 13: Negotiating with Style; Chapter - 14: The Impact of Culture and Gender; Chapter - 15: Having Another Go at Squeezing the Lemon – Advanced Techniques and Approaches; Chapter - 16: Managing PSF Project Profitability; Chapter - 17: The Impact of Effective Veto and Target Setting – Research Results

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