Legal skills and practice Books

Book SynopsisA comprehensive guide to writing and drafting from the first stage of preparation to the final edit. Features checklists, worked examples and chapters on using email, and designed to accompany readers from vocational study through to their qualification as solicitors as well as throughout the early years of practice.Table of ContentsPART 1. PLAIN ENGLISH AND THE GENERAL PRINCIPLES OF LEGAL WRITING AND DRAFTING; PART 2. LETTERS, EMAILS AND AND OTHER FORMS OF WRITTEN COMMUNICATION; PART 3. DRAFTING

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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 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 SynopsisCommon-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on and will prompt lawyers to pose fresh questions about the common law tradition and the nature of judicial decision-making.Trade Review'Professor Duxbury provides us with a wealth of scholarship and some valuable insights into two aspects of judging which have not received much attention to date. In particular, he shows us how the two are inter-related – all dissents being essentially obiter dicta – and debunks the myth that today's dissent is tomorrow's orthodoxy – although I hope that it is not always a myth.' Brenda Hale, the Baroness Hale of Richmond, former President of the Supreme Court of the United Kingdom'A very thoughtful discussion of two aspects of judicial practice which deserve more attention, exploring how obiter dicta are used to fit an individual case into a wider principled legal scheme and what moves judges to write dissents. It encouraged me to reflect more deeply about my own judicial writing.' Philip Sales, Justice of the Supreme Court of the United Kingdom and the Judicial Committee of the Privy Council'In these twin essays of breathtaking range and erudition, Neil Duxbury illuminates two largely unstudied ways in which judges contribute to the common law by expressing views that create no binding precedent. Anyone interested in the craft of judging will be wiser, as well as hugely well informed, after reading this book.' George Leggatt, Justice of the Supreme Court of the United Kingdom'Advocates and judges constitute a small minority of the legal profession. But they and others will be rewarded by reading this attractive, succinct monograph, which is an exemplary and insightful study into under-appreciated aspects of the craft of judgment writing and legal argument…. It is difficult to imagine readers who would not emerge wiser from reading the account of the changing attitudes to majority decisions of multi-member courts.' Mark Leeming, Judge of Appeal, Supreme Court of New South Wales, Cambridge Law Journal'Anyone writing on either dicta or dissent shall firmly stand upon the shoulders of this book.' Elijah Granet, Notes on the Style of the Law'I warmly recommend this lepidum novum libellum. Its charm is different from that of Catullus, but it is immensely readable, and readers will be richly rewarded.' Mark Leeming, Cambridge Law JournalTable of ContentsPreface; Table of cases; Prologue; Essay I. Dicta: introduction; 1. The civilian dimension; 2. Case law as common law; 3. 'Obiter' as legal entity; 4. Dicta depicted; 5. Oblique strategies; 6. Engines of confusion; 7. The necessity test; 8. Cheap talk; 9. Dicta and dicta; 10. Nearly law?; 11. Observation and authority; 12. The sources problem; Essay II. Dissent: introduction; 13. Some preliminary observations on dissent; 14. The nature of judicial dissent; 15. Without contraries is no progression?; 16. Stalemates and motivations; 17. Dissents, decisions, and courts; 18. The tug of unanimity in England's courts; 19. Dissent in an apex court; 20. When is a dissent not a dissent?; 21. Minorities as authorities; 22. Are we agreed?; Index.

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Book SynopsisBecoming a lawyer is about much more than acquiring knowledge and technique. As law students learn the law and acquire some basic skills, they are also inevitably forming a deep sense of themselves in their new roles as lawyers. That sense of self  the student's nascent professional identity needs to take a particular form if the students are to fulfil the public purposes of lawyers and find deep meaning and satisfaction in their work. In this book, Professors Patrick Longan, Daisy Floyd, and Timothy Floyd combine what they have learned in many years of teaching and research concerning the lawyer's professional identity with lessons derived from legal ethics, moral psychology, and moral philosophy. They describe in depth the six virtues that every lawyer needs as part of his or her professional identity, and they explore both the obstacles to acquiring and deploying those virtues and strategies for overcoming those impediments. The result is a straightforward guide for law stuTable of Contents1. Introduction and Overview; 2. Motivation and Professional Identity; 3. Competence as a Professional Virtue; 4. Fidelity to the Client as a Professional Virtue; 5. Fidelity to the Law as a Professional Virtue; 6. Public Spiritedness as a Professional Virtue; 7. Civility as a Professional Virtue; 8. Practical Wisdom as a Professional Virtue; 9. Professional Identity and the Future of the Legal Profession

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Book SynopsisThis Special Report provides a practical introduction to social media for lawyers. By avoiding technical details and jargon, it offers a pragmatic guide on how all lawyers - irrespective of industry sector, firm size or client base - can successfully integrate social media into their marketing, business development and client relationship management programmes. Containing essential information on the benefits and risks of social media in the legal sector, this report examines the social media platforms used by many law firms (LinkedIn, Twitter and Facebook) and gives an overview of those less frequently used - enabling lawyers to make an informed choice. As well as featuring practical advice for setting up and using social media as an integral part of a lawyer's business development activity, this report also offers guidance on: * how to write great blogs and social media posts; and * how to integrate social media into a structured content management plan that supports business development objectives. The report also addresses how central systems, technology and support can be used to ensure that social media plays an effective part of a firm's business development programmes. In addition to lawyers, this text will be essential reading for marketing and human resource professionals in law firms who want to ensure the effective and sustainable use of social media.Trade ReviewThe special report’s appearance, structure and presentation make it easy to handle, read and absorb. It is a by-your-side checklist for all the key aspects of social media. Pippa Blakemore The PEP Partnership LLPTable of ContentsIntroduction 7 1. About this special report 7 2. Definitions 8 3. Key platforms 10 4. The rise of social media in the legal profession 11 The business case for social media 15 1. The benefits of using social media 15 2. The risks of using social media 19 3. Guarding against the risks 21 Overview of common social media platforms 23 1. LinkedIn 23 2. Twitter 25 3. Facebook 26 4. YouTube 27 5. Blogging 27 6. Other social media platforms 28 7. Advertising on social media 31 8. Viral – how the platforms work together 32 Developing a plan 33 1. Marketing plan for the firm 33 2. Marketing plan for departments, sectors or offices 34 3. Marketing plan for individual lawyers 36 4. Segmentation, targeting and messaging 42 5. Integration with other marketing, selling and relationship management activities 44 6. Case study: planning content at BakerLaw 45 Using LinkedIn 47 1. Set up a company page 47 2. Individual lawyer accounts and profiles 49 3. Building your profile – step by step 49 4. Promoting your profile 51 5. Sending invitations and managing connections 51 6. Liking, commenting on and sharing others’ material 53 7. Using private messaging and InMail 54 8. Writing status updates and sharing posts and photos 55 9. Endorsements and recommendations 57 10.Publishing articles and blogs 58 11. Using groups 60 12.Case study: LinkedIn use at Thackray Williams 62 13. Large law firms on LinkedIn and Twitter 64 14.Case study: LinkedIn use at Forsters 64 Using Twitter 67 1. Company and team accounts and profiles 68 2. Individual accounts 69 3. Using public and private lists 69 4. Tweeting 70 5. Interacting – retweeting and commenting 72 6. Hashtags and live tweeting at events 73 7. Case study: Twitter use at Inksters 74 Using Facebook 77 1. Company (and/or group) pages 79 2. Page administration 79 3. Sharing content on Facebook 80 4. Case study: digital marketing at Wollen Michelmore 80 Blogging 83 1. General guidelines 84 2. Writing tips 84 3. Effective titles and tweets 91 Content development and management 97 1. The benefits of a content management plan 97 2. Content creation 98 3. Moderating and content curation 99 4. Case study: content creation at Clutton Cox 100 Central management 103 1. Plan 103 2. Policies 105 3. Manage domain names and account hierarchies 105 4. Brand, style and tone of voice 105 5. Analytics and monitoring effectiveness 105 6. Training and support 107 7. Disaster recovery plans 108 8. Tools to support management 109 9. Case study: digital marketing at Forsters 114 Conclusion 119 About the author 120

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Book SynopsisDescription View table of contents Look insideLook inside Author(s): Clare Jones , Sarah Goulbourne , Steve Couch Publication date: Aug 2021 Format: Softback Pages: 180 Price: GBP65.00 ISBN: 9781787424265 Lawyers of the 2020s operate in a ferociously competitive world and face unprecedented complexity, change and conflicting demands. As well as regulatory, legislative, economic and political uncertainty, other challenges include pricing pressures, technological advances, and market innovation. In this climate, professional development is ever more critical and the ambitious legal professional must develop their own competitive strategy to survive and thrive. In this book, authors Clare Jones, Steve Couch and Hannah Beko from leading challenger law firm gunnercooke, apply real-life, evidence-based coaching techniques and step-by-step practices exclusively to the legal sector. It also features a foreword written by Sarah Goulbourne. Through exploring ten core areas of professional development for lawyers, discover how to unleash yourself from your barriers and future-proof your legal career today. Content covers everything from self-discovery, through to thought-leadership and pitching as well as the skills and behaviours that underpin success. Readers are invited to create their own dynamic personal development programme and are challenged to hold themselves accountable for delivering it. This title will help senior level lawyers looking to build a lasting reputation, successful practice and sustainable, balanced career. It will provide clarity about your value and a deeper understanding of how to develop client relationships, as well as uncovering challenges to your progress and identifying priority next steps to make everything you do more effective.Trade ReviewThis is a must read for anyone looking to get to the next level in their legal career. The book cleverly marries professional services experience and expertise with the power of coaching. -- Claire RasonI so wish I had been able to read this book when I started my legal career. Looking back, it is clear I had no guidance or goals about how to succeed or what success meant to me in terms of my career. The wise words throughout this book will make you think and really help develop your legal career in the way that works for you. The insights provided also give understanding on how to provide a valuable and meaningful service to clients so that their professional and personal needs can also be met – a client for life being the result. The coaching approach really is the way forward to develop your career for you and your employer/firm. -- Helen GossTable of ContentsIntroduction 1. Know yourself and your goals 2. Know your client 3. Share great ideas 4. Build presence 5. Lead the way 6. Be commercial 7. Be innovative 8. Win work 9. Collaborate 10. Manage change Conclusion

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Book SynopsisFollowing a relatively slow start to embrace the direct application of concepts that have revolutionised the tech and manufacturing sectors, law firms are increasingly placing ‘Agile’ – described as “the best kept management secret on the planet” – on their business development agenda. In response to Covid-19, many firms have proven their capacity for agile decision making and have accelerated their development of a more agile working model. But this requires more than digitisation and remote working. This Special Report is the essential guide for every law firm leader who wants to move beyond the reactive to the strategic adoption of proven agile principles. Being able to adapt smartly to client needs, competitor threats and employee expectations are at the core of this report, which is built around a self-assessment tool and practical framework for implementing Agile. This Special Report covers: •What is Agile and how has it been used across industries? Explores the most important uses of agile thinking and models, from those that have transformed the worlds of technology, consumer products and complex projects, to the hybrid agile working model that many law firms seek to adopt post-Covid-19; •Why Agile? Looks at where adopting agile principles in your firm will make a difference and how these ideas connect with client value, digital transformation, innovation and collaboration; •Where can we utilise Agile in law firms? Examines the different parts of a law firm and explains which agile models and tools can be used where, using legal sector case studies; •How Agile are you? Outlines a practical diagnostic for assessing your level of agility in each area of the firm; and •What next? Covers planning and implementing an agile programme, from mindset and language change to organisational design and client engagement. The report also provides examples of Agile programme outlines for law firms large and small which can be adapted depending on individual needs. In short, this report includes everything law firm leaders need to get started on their own agile journey.Trade ReviewOur world has radically changed, and law firms inevitably will change along with it. The law firm of the near future will be client-centric, flexible, intrapreneurial, and continuously improving -- in a word, it will be Agile. In this landmark book, Chris Bull has not only assembled a comprehensive step-by-step guide to building an Agile law firm, but has issued a clarion call for lawyers to apply the principles and aspirations of Agility to the mission of law firms and the vision of the legal profession. Managing partners looking for a blueprint to the post-pandemic law firm need look no further. -- Jordan FurlongBorrowing from the contemporary lean and agile principles used to optimise development and production processes, Chris Bull’s The Agile Law Firm succeeds in providing a practical manual for law firm leaders. This easy-to-read book argues why and how traditional law firms of all sizes need to embrace deep changes to enable them to continue to serve clients and prosper. The legal services ecosystem is evolving rapidly; to stand still is to go backwards and eventually lose touch with what clients and staff alike want from an effective law firm. -- Dr George BeatonChris has a huge amount of valuable experience in every aspect of running a law firm - it is great to see him focus on a strategically important area like this. An essential read for everyone involved in law firm leadership in these changing times. -- Derek SouthallEngagingly written, fast-paced and comprehensive, Chris Bull's new book The Agile Law Firm provides an essential blueprint for any law firm wanting to succeed in the second decade of the 21st century. Agility is the key and Chris clearly explains its significant concepts and methodologies, providing the reader with a practical toolkit to bring about positive change, no matter the size and nature of their organisation. -- Christina BlacklawsTable of ContentsI. Welcome to the Agile world 5 1. The Agile imperative 5 2. The Agile organisation 7 3. The Agile mindset 10 4. How this Special Report works 11 5. A word about you 13 6. A brief history of Agile 15 7. Ten attributes of the Agile organisation 21 8. The limitations of Agile 23 9. Introducing the Agile law firm 25 II. Client-centricity 33 1. Clients at the centre 33 2. Legal project management 41 3. Legal project management today 44 4. The role of the legal project manager 58 5. Implementing LPM – should we apply LPM essentials to every client matter? 59 6. Implementing LPM – how do we get our people engaged with LPM training? 61 III. Constantly innovating and improving 65 1. Introducing innovation 65 2. Lean and Six Sigma 77 IV. Insight-driven 83 1. Velocity 83 2. The insight-driven firm 84 3. Is data your ‘new oil’? 87 V. Highly autonomous teams 109 1. Agile and the liquid workforce 109 2. Designing the Agile network of teams 111 3. Evolving teams into Agile teams 113 VI. The human dimension 121 1. Valuing individuals 121 2. Becoming more human in the 2020s 123 3. Rethinking our relationship with employees – adopting the EACH model 126 4. The servant leader 130 5. Agile performance management 131 6. How Agile teams and project management enhance your human dimension 133 VII. Fluid and flexible (workplace and workforce) 135 1. The legal workplace and workforce reimagined 135 2. Embracing Hybrid/Agile working 139 VIII.Organically collaborative 149 1. Network and platform organisations 149 2. Collaborate to grow – the Agile growth strategy 151 IX. Restless, radical and challenging .157 1. Strategic agility 157 2. The competitive imperative 165 3. A new anatomy for your law firm – fit for the future 170 4. Agile governance 173 5. The next generation C-suite 176 X. Digital 185 1. Digital transformation 185 2. The impact of technology on legal work 188 XI. United by a common purpose 195 1. Aligning with purpose 195 2. Purpose into practice – being Agile about becoming Agile 196 3. What now? 199 Notes 202 About the author 205 About Globe Law and Business 207

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Book SynopsisFor most legal teams operating in the COVID-19 age, the focus on near-term survival has passed, and attention has turned to what the ‘new normal’ might be. With the pandemic overhauling the traditional way in which lawyers practise and serve their clients, the profession turning remote overnight and increasing their use of collaboration platforms and other legal tech, it is likely that legal practice has changed for good, and those prepared to embrace and seize opportunities from this change will be best-placed to flourish in the years ahead. Legal Practice Transformation Post-COVID-19 imagines the post-COVID world for legal services and asks what has changed, what will stay the same and what values are critical to ensure the successful operation of legal teams in the post-pandemic age. It considers a variety of aspects crucial to the future of the legal profession, including: •The impact of technology; •Remote working; •Health and safety; and •Culture and community. This Special Report will be invaluable reading for lawyers in private practice, in-house counsel, professional support staff and all those involved in the delivery of legal services, to understand what the future of the profession will look like, and how to thrive within it.Table of ContentsIntroduction 5 I. Different legal teams will have different solutions 9 1. Rapid integration of digital technology in the delivery of legal services is the new ‘killer app’ 9 2. The current state of play with legal practice 12 3. Will we hire lawyers through an app? 13 4. COVID-19 is a disruptive moment that favours challenger firms 14 5. COVID-19 and the delivery of legal services through digital platforms 15 6. The medium is the message – how legal services are delivered is becoming more important than who delivers them 16 7. ‘Legal teams’, not ‘law firms’ + ‘in-house’ – the death of the siloed lawyer 18 8. Conclusion: reimagining the legal profession post-COVID-19 19 II. Remote working is here to stay 21 1. Location, location 21 2. Home sweet home 23 3. All change! 25 4. Change as a constant 25 5. Change as an opportunity 26 6. Change as a threat 27 7. Change as a force for good 29 III. Health and safety for legal teams post-COVID-19 – uneducated guesses? 31 1. Nobody knows what the return to work for legal teams will look like 31 2. “You must work from home if you can” 32 3. COVID-19, difficult conversations and unspoken bias 34 4. Glimmers of hope: will ‘work from work’ be something special and different from ‘work from home’? 39 5. Grief for what was lost 41 6. The unasked question is now asked: can UK employers mandate COVID-19 vaccines for employees? 41 7. Legal teams after COVID-19 – trauma and transformation 43 IV. Culture and community 45 1. “Trust me, I’m a lawyer” 45 2. Trust under attack 47 3. Trust rediscovered 50 V. Partners will foot the bill 57 1. Yes – but maybe not straight away 57 2. Survival of the fittest? 59 3. What’s next? 60 4. Think the unthinkable .63 VI. A changed profession: will old values still triumph? 67 1. Keep calm and carry on lawyering? 67 2. Or might fortune favour the brave? 69 3. “Brave? Me?!” 72 4. Flexible lawyers – great lawyers 74 5. The brakes are coming off – which way now? .82 6. Closing remarks 83 Notes 84 About the authors 87 About Globe Law and Business 88

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisDrawing on extensive experience in legal design, innovation, and transformation, this book blends strategic vision with hands-on experience.

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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 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 this practical “how to” guide, Bjarne P Tellmann, General Counsel draws upon more than 20 years of leading top legal organisations to provide a structured plan for upgrading your legal team in an age of disruption. The challenge: In an era of exponential change, the role of the general counsel (GC) has become one of the most complex, intense and challenging in the corporate world. GCs, must lead, unify and inspire diverse groups of people across the globe with subtlety and diplomacy. The stakes have never been higher and the consequences of getting it wrong can be existential. GCs must react to these challenges with ever-fewer resources and at a time when the legal profession itself is undergoing disruption. The response: To succeed in this “new normal”, GCs must become their own chief executives. They must lead, communicate, inspire, build cultures, manage talent, formulate and execute strategies, ensure efficacy, anticipate and manage risk and manage quality control – all in addition to being top-notch lawyers. This book gives GCs the battle plan they need to get there in three parts.Trade ReviewBjarne Tellmann’s book is brimming with important ideas about skills and techniques needed to be an outstanding general counsel -- Ben W Heineman, JrAs a General Counsel who has led legal department transformations in three public companies, I can assure you that Bjarne Tellmann’s practical yet sophisticated battle plan has been designed to help General Counsels achieve superior performance in almost any situation. The book is articulate, easy to follow and highly instructive and a road map for new and established General Counsels to create world class premier performing legal departments. -- Bobby KatzBjarne Tellmann has written a deeply practical book about the challenges facing the modern general counsel. Based on his own extensive experience, the book is filled with insights that both experienced and novice GCs can immediately use to build a world-class legal department. -- David B WilkinsTellmann’s book will help outside counsel understand the multifaceted roles the GC serves and the types of support needed from their outside counsel. It underscores the critical need for law firms to serve as strategic partners, providing a deep and concentrated level of specialised legal expertise that is tailored to and aligned with business needs. -- Jami Wintz-McKeonThe insights and enduring principles contained in this book are applicable to law firm and general counsel leadership. It is a guide to navigating both types of organisation and maximising the outputs from the firm or the company. -- Mark RigottiTable of ContentsIntroduction 1. The Changing Context 1.1 Macro-economic changes 1.1.1 Regulatory expansion 1.1.2 Globalization 1.1.3 Risk convergence 1.2 Cost pressures 1.3 The twin revolutions 1.3.1 The Innovation Revolution 1.3.2 The Professional Convergence Revolution 1.3.3 The GC as chief executive Part I: The Hardware 2. Talent and Risk Assessments 2.1 The continuous process 2.2 Start by thinking 2.2.1 Why is it so important to spend time thinking? 2.2.2 When is it best to do your initial focused thinking? 2.2.3 Weekly and annual focused thinking 2.3 Develop your foundation 2.3.1 Build your foundation – assess the company and your team 2.4 Stop, look, listen: evaluate your talent 2.4.1 On-boarding process 2.5 Assess your core legal risks 2.5.1 Secure alignment 2.5.2 Time frame 2.5.3 Steps 2.5.4 Lessons 2.5.5 How to assess risk materiality 2.5.6 Mapping your risks 2.5.7 Remember to communicate and align 2.5.8 The three “golden rules” of risk 3. Designing an Integrated Team Structure 3.1 Appoint specialists and generalists 3.1.1 Specialists 3.1.2 Generalists 3.1.3 Enabling function lawyers: specialists or generalists? 3.1.4 Who decides: specialists or generalists? 3.1.5 The optimal ration of specialists to generalists 3.2 The rise of the legal operations officer 3.2.1 Do you need a legal operations team? 3.2.2 Who should the legal COO report to? 3.3 Appoint your legal leadership 3.3.1 How large should the leadership team be? 3.3.2 Insiders vs. outsiders 3.3.3 Mistakes will be made 3.3.4 Hire the right type of leaders 3.4 Map over the rest of your organization 3.4.1 The matrix 3.4.2 Reporting lines into Legal or the Business – or both? 3.4.3 Who reports to whom? 3.4.4 Flat vs. layered hierarchies 3.5 Budget 3.5.1 The importance of having a unitary budget 4. Law Firms 4.1 Disruption in the legal profession 4.1.1 The Innovation Revolution 4.1.2 Cost pressures 4.1.3 Regulatory reforms 4.1.4 New competitors 4.1.5 The law firm competitive response 4.2 Unbundle your work 4.2.1 Classify your workflow 4.2.2 Identify solutions for different categories of work 4.2.3 Optimize your mix of internal to external resources 4.3 Put the right policies in place 4.3.1 Gatekeeper policy 4.3.2 Billing guidelines policy 4.3.3 Engagement letters 4.3.4 Internal legal department controls 5. Alternative Legal Services Providers 5.1 What are ALS providers? 5.1.1 The origins of ALS 5.1.2 Alternative staffing providers 5.1.3 Legal process outsourcing providers 6. Selecting the Right Partners 6.1 Leverage legal procurement professionals 6.1.1 The benefits of involving procurement 6.2 Strategic partnerships 6.2.1 What it means to be “strategic” 6.3 Key performance indicators (KPIs) 6.4 Law firm “panels” 6.4.1 Are panels the right choice for all legal departments? 6.5 How to establish panels 6.5.1 Select the right work for the RFP 6.5.2 Panel scope 6.5.3 Decide on the right levels of support that you need 6.5.4 Research and identify candidates; gather market intelligence 6.5.5 Diversity 6.5.6 Generate and issue RFPs 6.5.7 Evaluate responses and select finalists 6.5.8 Establish finalist interviews 6.5.9 Set agenda for meetings with the finalists; interview them 6.5.10 Select and announce your panel 6.6 Are panels forever? 6.7 Panels for Alternative Legal Services Providers 7. Technology 7.1 Processes before technology 7.2 The evolving technology landscape 7.2.1 The Second Machine Age 7.2.2 Moore’s Law and the second half of the chessboard 7.2.3 The Internet of Things and Big Data 7.2.4 Cloud computing 7.2.5 Artificial Intelligence (AI) 7.2.6 Autonomy and replacement 7.3 In-house technology applications 7.3.1 Communication and collaboration tools 7.3.2 Self help tools 7.3.3 Efficiency tools 7.3.4 Transparency tools 7.3.5 Artificial Intelligence and machine learning 7.4 Procurement of technology 7.4.1 Build or buy? 7.4.2 Off-the-shelf or custom? 7.5 Process, technology and risk reduction Part II: The Software 8. Culture 8.1 What is culture? 8.1.1 Culture as behaviour 8.1.2 Culture as values and beliefs 8.1.3 Cultures and subcultures 8.1.4 Your subculture must be aligned with your company’s culture 8.1.5 Actual culture vs. stated values and beliefs 8.2 Why is culture important? 8.2.1 Culture as a baseline 8.2.2 Culture as an attractant 8.3 Can you build a culture from scratch? 8.3.1 Legacy cultures – evolution not revolution 8.3.2 Influencing in new cultures 8.3.3 Write your culture down 8.3.4 Beware of the unwritten rules 8.4 Hack your culture 8.4.1 Large-scale hacks 8.4.2 Small, iterative hacks 8.5 Making it “sticky” 8.5.1 Screening 8.5.2 Induction 8.5.3 Rituals and reinforcement ceremonies 8.5.4 Stories 8.5.5 Influencers 8.5.6 Sanctions 9. The Generational Context and the Rise of the Millennials 9.1 Millennials, Gen-Xers and Baby Boomers 9.1.1 The Baby Boomers 9.1.2 The Gen-Xers 9.1.3 The Millennials 9.1.4 How have these traits shaped the Millennials? 9.1.5 What is the problem? 9.1.6 How to approach Millennials 9.1.7 How to balance interests across the generational divide 10. Leadership Skills 10.1 Professional excellence 10.2 Innate curiosity 10.2.1 Constant learners 10.2.2 Formal vs. organic learning 10.2.3 The Internet vs. books 10.2.4 Future literacy 10.2.5 Importing and exporting good ideas 10.3 Excellent communicators 10.3.1 Storytelling 10.3.2 Focus on “why” 10.3.3 Clear written communication 10.4 Excellent business judgement 10.4.1 Market visits 10.4.2 The business of the law 10.5 Results driven 10.6 Autonomy 10.6.1 The pros and cons of law firm training 10.6.2 The pros and cons of government training 10.7 Courage 10.7.1 Manipulative business partners 10.8 Flexible leadership style 10.9 Cultural intelligence 10.9.1 Leadership savvy 10.9.2 Disagreement and “face” 10.9.3 High vs. low context cultures 10.9.4 Trust 10.9.5 Reasoning 10.10 Grit Part III: Critical Threads 11. Change Management 11.1 Ten lessons about change 11.1.1 Change is the natural state of being 11.1.2 Start with “why” 11.1.3 Change is an inherently emotional process 11.1.4 Regularly track and discuss your team’s emotional state 11.1.5 Do not let your team freeze up 11.1.6 Never look back! 11.1.7 Change can give you the best work of your career 11.1.8 Focus on what you can control; do not worry about the rest 11.1.9 You are in charge of you! 11.1.10 This is the “new normal” – so get used to it! 12. Strategic Direction 12.1 Roadmap principles 12.1.1 Vision 12.1.2 Mission 12.1.3 Strategies and tactics 12.2 Example of strategic priorities 12.2.1 Strategy 1 – Develop our people 12.2.2 Strategy 2 – Provide the right advice at the right time 12.2.3 Strategy 3 – Leverage our global strength 12.3 When and how to execute your strategic direction 12.3.1 When? 12.3.2 How? Conclusion Acknowledgements Index Bibliography Footnotes

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Book SynopsisThe eighth edition of Wills, Probate and Estates has been written to provide trainee solicitors with a clear and thorough understanding of current best practice in the area of wills, trusts, probate, and the administration of estates. The manual takes into account all recent changes in legislation.The book outlines the basic elements of a will, familiarising trainees with the common law and statutory background, and enabling them to draft wills and simple trusts in accordance with statute and their clients'' informed instructions. It then outlines how to obtain the necessary grant of representation on the death of a client, either with or without a will, and how to administer such an estate, taking into account the various obligations on the personal representative.Wills, Probate and Estates provides succinct and practical advice, provided by solicitors for solicitors, tackling questions of practice and procedure that are of central importance not only for students on the Professional Practice Course, but also to practitioners who deal with any area of wills, trusts, probate, or the administration of estates.

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Book SynopsisOne of the major challenges facing the legal profession today is how to adapt and apply the concept of attorney-client privilege (or professional secrecy) in an increasingly globalised world. Rules on attorney-client privilege differ significantly from country to country. This book explores such differences within 32 jurisdictions in North, Central and South America and the Caribbean. Together with its complementary volume Professional Secrecy of Lawyers in Europe (Cambridge, 2013), this book explores the creation of a common definition for attorney-client privilege which can be accepted by a wide variety of countries and international institutions. Practice and interpretation within each jurisdiction is mapped and explored, including reference to local laws, ethical rules and case law. This book is a useful resource for those working on transactions or litigations which involve several countries.Table of ContentsIntroduction; 1. Attorney-client privilege in the Americas James R. Silkenat and Dirk Van Gerven; 2. Anguilla Yvette A. Wallace and Angela A. Mullix; 3. Antigua and Barbuda Safiya L. Roberts; 4. Argentina Marcelo Bombau; 5. Bahamas Vann P. Gaitor, LaShay A. S. Thompson, Andrea A. Moultrie, Felix F. L. Beneby Jr and Camryn A. Cartwright; 6. Barbados Giles A. M. Carmichael and Sharalee M. J. Gittens; 7. Belize Eamon H. Courtenay SC and Iliana N. Swift; 8. Bermuda Grant Spurling and Kiernan Bell; 9. Bolivia Fernando Aguirre B.; 10. Brazil Flavio Olimpio de Azevedo; 11. British Virgin Islands Claire Goldstein; 12. Canada Malcolm M. Mercer; 13. Chile Raimundo Moreno and Monica Vander Schraft; 14. Colombia Carlos Urrutia-Valenzuela; 15. Costa Rica Andrea Sittenfeld, Adriana Castro, Karla Gonzalez and Eduardo Calderon; 16. Cuba Maria Antonieta Landa Marti, Miguel Francisco Sardiñas Arce and Imara Francisca Betancourt Suarez; 17. Curaçao Bouke Boersma; 18. Dominican Republic Luis Rafael Pellerano and Ricardo Pellerano; 19. Ecuador Sebastian Caicedo Ricaurte and Bruce Horowitz; 20. El Salvador Ricardo Cevallos; 21. Guatemala Alfonso Carrillo M.; 22. Honduras J. Humberto Medina Alva and Marcela Aguilar; 23. Jamaica Peter S. Goldson and René C. K. Gayle; 24. Mexico Samuel García-Cuéllar and Michel Narcia Martínez; 25. Panama José Agustín Preciado M. and Mario A. Preciado Miró; 26. Paraguay Rosa Elena Dimartino; 27. Peru Jean Paul Chabaneix and Luis Bedoya; 28. Puerto Rico Richard Graffam-Rodríguez; 29. Trinidad and Tobago Mark James Morgan; 30. United States Gerry Silver; 31. Uruguay Santiago Gatica, José Juan Gari, Juan Bonet, Santiago Murguía, Daniel Mosco and Camila Umpiérrez; 32. US Virgin Islands Xaverie L. Baxley-Hull; 33. Venezuela Fernando Peláez-Pier and Alejandro Gallotti.

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Book SynopsisAlong with used car dealers and telemarketers, lawyers are considered to be among the least trustworthy of all professionals. If lawyers want more respect, they will have to earn it by reframing their ethical responsibilities. In an original approach to law''s moral dilemma, legal theorist Allan C. Hutchinson takes seriously the idea that ''litigation is war''. By drawing an extended analogy with the theory of ethical warfare, he examines the most difficult questions facing practicing lawyers today. Comparing the role of military officers to legal professionals and theories of just peace to legal settlement, Hutchinson outlines a boldly original approach to legal ethics. Fighting Fair''s recommendation for a more substantive, honor-based approach to ethics will be a thought-provoking tool for anyone concerned about the moral standing of the legal profession.Trade Review'If lawyers continue to insist that litigation is 'war' by other means, then it is critical that they move beyond the 'all is fair' caricature of the ethics of war that typically underpins this comparison. In this timely book, Allan Hutchinson turns the standard 'law is war' analogy on its head by challenging us to consider the implications of applying the complex and nuanced ethics of just war theory to the practice of adversarial litigation. The result is a novel and thought-provoking analysis that will start a badly needed debate about the content and scope of the ethics of 'just litigation' in a world in which we continue to hope that the rule of law will one day replace 'the rule of force'.' David B. Wilkins, Lester Kissel Professor of Law and Faculty Director, Center on the Legal Profession, Harvard University, Massachusetts'Fighting Fair offers a highly original and insightful analysis of contemporary legal ethics. Drawing on the metaphor that 'litigation is war', Allan Hutchinson measures lawyers' tactics by that standard and finds them lacking. Building on military ethics and theories of just war, this book challenges our conventional wisdom on lawyers' moral responsibility and offers an imaginative alternative.' Deborah L. Rhode, E. W. McFarland Professor of Law and Director, Center on the Legal Profession, Stanford University, CaliforniaTable of Contents1. An opening salvo; 2. The professional project; 3. A theoretical excursion; 4. The standard model; 5. Taking war ethically; 6. In the name of just ends; 7. Fighting fair; 8. Towards a just peace; 9. Not-so-final thoughts.

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Book SynopsisThe First Amendment rights of lawyers are ethereal. Most lawyers fail to realize that courts may deny them access to the First Amendment''s protective shield in many regulatory and disciplinary contexts. Overall, attorneys cannot and should not assume that they can obtain First Amendment protection - especially when acting as an attorney in their role as an ''officer of the court''. Yet, it is precisely in the lawyering context - where attorneys engage in speech, association, and petitioning for the very purpose of securing client rights, invoking law, enabling the judicial power, and obtaining justice - that the need for First Amendment protection is the most acute. If regulators silence that voice, they silence justice. From overarching theory to specific real-world contexts, this illuminating book provides a critical resource for lawyers, judges, and scholars to understand the relationship between the First Amendment rights of lawyers and the integrity of the justice system.Trade Review'From overarching theory to specific real-world contexts, 'Voice of Justice: Reclaiming the First Amendment Rights of Lawyers' by Margaret Tarkington (Professor of Law at the Indiana University McKinney School of Law) provides a critical resource for lawyers, judges, and scholars to understand the relationship between the First Amendment rights of lawyers and the integrity of the justice system. Impressively informative, expertly written, accessibly organized and presented, 'Voice of Justice' is unreservedly recommended for law firm, college, and university library Judicial Studies collections in general, and the personal reading lists of practicing attorneys, law students, and non-specialist general readers with an interest in the subject in particular.' Library BookwatchTable of ContentsIntroduction; Part I. Understanding The Puzzle: 1. Do lawyers have First Amendment rights?; 2. 'Speech is all we have'; 3. Self-regulation: myth and reality; 4. Attorneys as officers of the court and delegates of state power; Part II. Towards A Proper Methodology: 5. Core ideals of the First Amendment; 6. Cognate inseparable rights; 7. The access to justice theory; Part III. Protecting The Role Of The Attorney: 8. Freedom to form an attorney-client relationship; 9. Safeguarding client counseling and confidences; 10. Invoking law and processes to protect client interests; 11. Safeguarding and impugning judicial integrity; 12. Securing criminal constitutional processes; 13. Uncompromised pretrial publicity; 14. Attorney civility, harassment, and discrimination.

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Book SynopsisAddressing the misunderstood and misrepresented aspects of the law in today''s writing, this reliable guidebook demonstrates how to use legal concepts, terminology, and procedure to create fiction that is true to life and crackling with real-world tension. Examples from actual cases are provided along with excerpts of authentic courtroom dialogue. Topics covered include criminal and civil law; differences between federal, state, and Native American jurisdiction; police and private investigation; wills and inheritances; and the written and unwritten codes that govern the public and private conduct of lawyers and judges. Providing a quick and simple legal reference, this handbook is the key to creating innovative plots, strong conflicts, authentic characters, and gritty realism.

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Book SynopsisIn the summer of 2008 Kimberley Motley quit her job as a public defender in Milwaukee to join a program that helped train lawyers in war-torn Afghanistan. She was thirty-two at the time, a mother of three who had never travelled outside the United States. What she brought to Afghanistan was a toughness and resilience which came from growing up in one of the most dangerous cities in the US, a fundamental belief in everyone's right to justice and an unconventional legal mind that has made her a legend in an archaic, misogynistic and deeply conservative environment. Through sheer force of personality, ingenuity and perseverance, Kimberley became the first foreign lawyer to practise in Afghanistan and her work swiftly morphed into a mission - to bring 'justness' to the defenceless and voiceless. She has established herself as an expert on its fledgling criminal justice system, able to pivot between the country's complex legislation and its religious laws in defence of her clients. Her radical approach has seen her successfully represent both Afghans and Westerners, overturning sentences for men and women who've been subject to often appalling miscarriages of justice. Inspiring and fascinating in equal measure, Lawless tells the story of a remarkable woman operating in one of the most dangerous countries in the world.Trade ReviewA thoroughly riveting read * Sydney Morning Herald *Table of Contents1: The playlist 2: The Manchurian Candidate 3: I'm not a terrorist, I'm a taxi driver 4: Please help us 5: My name is Irene 6: False pretences 7: Give me your watch 8: The minimum is not guilty 9: You need to sit down 10: I don't have all day 11: Immoral crimes 12: Watch your back 13: Lock your doors and hide 14: Okay, baby. Breathe. Slow down. 15: Iron Doe 16: A man or a monster? 17: Wicked Ninja 18: Crocodile tears 19: Well, you must have done something 20: High fives 21: Article 71, I think 22: Oh . . . this is America 23: Motley's law Epilogue: The aftermath

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Book SynopsisOn 6 April 2014 long-awaited reforms, came into force, unifying and radically reforming the law governing enforcement agents, and creating a new statutory procedure of commercial rent arrears recovery. In the second edition of this popular book, highly respected practitioners in property law and enforcement set out the most up-to-date and comprehensive review of the new law. Coverage includes: the new standards and certification for enforcement agents a complete review of the Taking Control of Goods Regulations 2013 the abolition of distress for rent the introduction of Commercial Rent Arrears Recovery (CRAR) the criminalisation of squatting. The authors combine their authoritative review and analysis of the law with insights into the practical impact of the rules and regulations, uniquely illustrated by numerous examples and practice points. The book also includes extracts from the relevant law and regulations, and so gathers in one convenient volume all the relevant law and guidance on enforcement and debt recovery for property lawyers, enforcement agents, commercial landlords, surveyors and insolvency practitioners.

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Book SynopsisThe SRA's latest report on financial stability (February 2014) said its engagement with firms found poor financial management that ranged from "naive to reckless". They have also seen poor practice in the management of client accounts. This toolkit will help firms to address those common financial issues facing many firms. This toolkit will cover the following: What the requirement to maintain financial stability will mean in practice for firms. What are the danger signals and how can action be taken to remedy them? The steps that need to be taken to take control of cash management in order to achieve financial stability. Part of our popular toolkit series, it will contain a mixture of draft policies, procedural checklists and other instruments to assist practitioners in demonstrating sound financial management. The aim is to produce a working resource which practitioners can use to monitor the financial health of the firm. It will form part of a series of toolkits branded with the livery of the Risk and Compliance Service.Table of Contents1. Financial stability; 2. Understanding finance in law firms; 3. Management information, KPI's and early warning indicators; 4. Financial forecasting; 5. Boosting cash flow; 6. Boosting profitability.

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Book SynopsisEvery year firms close for a variety of reasons, including sale or merger, but what happens if you haven't prepared to exit the market? This toolkit contains a mixture of commentary, procedural checklists, draft policies and precedents to help you to prepare for this eventuality.

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Book SynopsisThe fourth edition of this bestselling guide to money laundering compliance has been updated to take account of significant developments in legislation and best practice including: - the replacement of the Money Laundering Regulations 2007 with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 - the replacement of the Law Society’s practice note with the Legal Sector Affinity Group’s guidance - the introduction of the Criminal Finances Act 2017 - the National Crime Agency succeeding the Serious Organised Crime Agency. User-friendly and practical, the book provides an overview of the substantive law and guidance on reporting suspicions, managing money laundering procedures and spotting money laundering activities in a solicitor’s practice, as well as the full text of the Anti-Money Laundering Guidance for the Legal Sector, making it an essential resource for ensuring compliance.Table of ContentsPart I: Substantive law; 1. Money laundering and the solicitors’ profession: an overview; 2. Criminal offences: arrangements (POCA 2002, s.328); 3. Criminal offences: other money laundering offences; 4. Authorised disclosures; 5. Failure to disclose: regulated sector; 6. Failure to disclose: nominated officers; 7. Disclosures which prejudice an investigation; 8. Money Laundering Regulations 2017; Part II: Practical guidance; 9. Reporting suspicions; 10. Management of money laundering procedures; 11. How to spot money laundering activities in a solicitor’s practice; Part III: Appendices.

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Book SynopsisCompliance and Ethics in Law Firms provides guidance on SRA regulations for non-lawyers working in law firms and for those who are responsible for ensuring that they comply with the SRA's rules (such as COLPs, COFAs and learning and development professionals). There are regulatory and legal consequences both for these individuals and for their firms if they fail to demonstrate the correct behaviours. It is therefore essential that everyone who works in a law firm understands the compliance and ethical requirements of SRA regulations. The second edition of this book has been updated to aid compliance with the SRA Standards and Regulations, which replaced the SRA Handbook in November 2019, as well as relevant tribunal decisions. The text has been revised to take account of the Money Laundering Regulations 2017, the Criminal Finances Act 2017, the EU General Data Protection Regulation (GDPR) and the Data Protection Act 2018. These changes are of great significance and this edition will explain them and provide the reader with a toolkit of regulatory and ethical knowledge which can be applied to their specific circumstances.Table of Contents1. Introduction, 2. The Regulatory Landscape, 3. The SRA Standards and Regulations, 4. The SRA Principles 2019, 5. The Two SRA Codes of Conduct 2019 - Essentials for All Staff, 6. Other Conduct Requirements, 7. Complying with the SRA Accounts Rules 2019, 8. Practising Certificates, Job Titles and the Risk of Holding Out, 9. Key Legislation for Law Firms, 10. Compliance in a Nutshell, 11. Conclusion, and Appendices

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Book SynopsisThis practical book shares insights, smart strategies and tips to help you to market yourself and maximise your chances of career success. The book covers: - what marketing actually is - why you must put yourself in your clients' shoes - the importance of having a personal brand - how to make networking work for you - blocks lawyers have about marketing and how to overcome them - how to fit marketing into your hectic schedule - how LinkedIn can help you to create visibility online and build your reputation - how content marketing fits with your overall marketing strategy and plan. Written by an experienced mentor and coach with in-depth knowledge and experience of the legal profession, this book is an essential read for fast changing times with more competition.Table of Contents1. Marketing; 2. Clients; 3. Brand; 4. Blocks about marketing; 5. Networking; 6. Time management; 7. Social media - LinkedIn; 8. Content marketing.

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

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Book SynopsisThis latest edition of the popular Elderly Client Handbook offers an updated guide to all aspects of the law, regulation and practice relevant to acting for elderly clients, from commissioning care to will drafting.

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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 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 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 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 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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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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