Legal skills and practice Books

Book Synopsis“'What About Law?' succeeds where so many legal guidebooks fail ... [it] skilfully demystifies the law and ably proves its argument. The law is, indeed, all around us - and this book will whet your appetite to find out how and why.” – Alex Wade, The Times (of the previous edition) Law is one of the few subjects that the school leaver, choosing a degree course, will have very little real understanding of. This book comes to the rescue by clearly setting out what a prospective law student can expect and why a student should choose to study law. This new edition is updated to reflect the reality of studying law today, highlighting changes due to Brexit and reforms to constitutional law. The book covers the compulsory subjects every law student has to study: contract, criminal, property and trusts law, and brings them up to date. With a clear core structure and approach it takes a case from each of these subjects to illustrate legal issues and methodology. The writing style is accessible and has the audience – novices to law – firmly in mind. What About Law? shows how the study of law can be fun, intellectually stimulating and challenging. It introduces prospective students to the legal system, legal reasoning, critical thinking and argument. Written by a team of experienced teachers, this book should be read by every student about to embark on the study of law.Trade ReviewA simple and user friendly book that 'sells' out the law as it is with all its various rationales. Fit for anyone embarking on a study of law. -- Vick Krishnan * University of East London *The book provides a useful introduction and context to the study of law, which is relevant for those new to the study of law. It is of particular relevance for those in their foundation year who need an introduction to the core modules they will be taking later on and provides them with an underpinning and foundation to their understanding of these areas. -- Augustina Akoto * University of East London *A really useful book for prospective students, giving an overview of a range of important areas. -- Dr Samuel White * University of the West of Scotland *It is a concise and accessible introduction to law written by experts in each field. In addition to introducing the reader to fundamental legal concepts, each chapter offers an insight into the fascinating peculiarities of the law which will hopefully capture the imagination of potential law students. * Dr Lisa Whitehouse, Schools & Colleges Liaison Officer, University of Hull *'What About Law?' succeeds where so many legal guidebooks fail. The authors give a measured, succinct tour around key legal issues that is both illuminating for the non-lawyer and refreshingly thought-provoking for those whose undergraduate days are long behind them…By anchoring the book in contemporary cases replete with human interest and a tangible effect on our lives, 'What About Law?' skilfully demystifies the law and ably proves its argument. The law is, indeed, all around us - and this book will whet your appetite to find out how and why. -- Alex Wade * The Times (of the previous edition) *..very well conceived and superbly executed. * Charles Rickett, University of Queensland *The authors of this volume expertly identify and communicate the essence of the subject: its broad scope, covering a wide range of social, political and moral problems; its intellectually satisfying methods of analysis, based on logic, precedent and judgment; and, above all, its entertainment value…I very much hope and expect that the information, and enthusiasm, contained in these pages will encourage potential law students. * Foreword by David Pannick QC, Blackstone Chambers *The book is a very good pocket-sized informative text for a quick synopsis of what the UK law consists of and how it operates. Useful to gain a very basic foundation knowledge in certain areas i.e., criminal and the legal system. -- Natasha Roberts * Bangor University *Table of Contents1. Introduction to Law Catherine Barnard, Janet O’Sullivan and Graham Virgo, all University of Cambridge, UK STARTING TO THINK ABOUT LAW THE TOOLS LEGAL METHOD INTERPRETATION IMAGINATION GENERALISATION POLICY UNDERPINNING THE RULE ONE FINAL EXAMPLE CONCLUSIONS 2. Criminal Law Graham Virgo, University of Cambridge, UK THE ELEMENTS OF A CRIME THE REASONS FOR PUNISHMENT REASONS FOR CHARACTERISING CONDUCT AS CRIMINAL FACTS OF BROWN THE KEY OFFENCES THE ISSUE IN BROWN APPLICATION OF THE DECISION THE DISSENTING JUDGES THEORY: AUTONOMY VERSUS WELFARE SUBSEQUENT EVENTS: MOTIVE AND RISK HUMAN RIGHTS LAW REFORM CONCLUSIONS 3. Law of Contract Janet O’Sullivan, University of Cambridge, UK INTRODUCTION SOME CRUCIAL IDEAS ABOUT CONTRACTUAL REMEDIES THE CASE THE HOUSE OF LORDS DECISION IN MORE DETAIL WHAT HAS HAPPENED SINCE RUXLEY? WHAT IF THE BUILDER HAD SAVED MONEY BY BREACHING THE CONTRACT? CONCLUSION 4. Tort Tony Weir, revised by Janet O’Sullivan, University of Cambridge, UK THE MOST FAMOUS TORT CASE THE ‘DUTY’ QUESTION THE KIND OF HARM DAMAGE AND LOSS RECOVERY FOR PURE FINANCIAL HARM APPLICATION IN MCFARLANE FAIR, JUST AND REASONABLE THE REASONS GIVEN IN MCFARLANE THE SPEECH OF LORD STEYN DISTRIBUTIVE JUSTICE PSYCHIATRIC HARM EFFECT ON THIRD PARTIES TORT AS DETERRENCE DETERRENCE AND COMPENSATION TWO EXAMPLES STATUTES AND JUDGE-MADE LAW THE EFFECT OF MCFARLANE DAMAGE AND THE INVASION OF RIGHTS THE UNWANTED BABY ABROAD CONCLUSION 5. Land Law Kevin Gray, University of Cambridge, UK INTRODUCTION THE PROBLEM OF PROPERTY THE CASE (CHHOKAR V CHHOKAR) CONCLUSION 6. Equity and Trusts Graham Virgo, University of Cambridge, UK WHAT IS EQUITY? THE CONTRIBUTION OF EQUITY TYPES OF TRUST THE FACTS OF FOSKETT V MCKEOWN THE POSSIBLE SOLUTIONS IDENTIFICATION AND APPLICATION OF RULES AND PRINCIPLES CONCLUSIONS 7. Constitutional Law Mark Elliott, University of Cambridge, UK PROLOGUE THE MILLER II CASE CONCLUSIONS 8. EU Law, Brexit and International Trade Catherine Barnard, University of Cambridge, UK THE WORLD TRADING REGIME CASSIS DE DIJON BREXIT CONCLUSIONS 9. Conclusions: Drawing Some Threads Together Janet O’Sullivan, Catherine Barnard and Graham Virgo, all University of Cambridge, UK

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Book Synopsis"...the uber-manual of all legislative drafting manuals" Statute Law Review, 2023, 44 If you’re involved in drafting or amending legislation in the Commonwealth, the EU or beyond, you need a guide that will help you with both the traditional and modern techniques of drafting good quality statutory law. Thornton’s Legislative Drafting is recognised as the leading professional title in this area, used and referred to by legal officers and drafters internationally. Completely refreshed and updated, the new sixth edition includes full coverage of contemporary drafting developments and advances. Fully updated and alongside the detailed, learned and professional guidance and examples of best, and bad, practice, the new 6th edition includes new chapters on: - Legislation as a Tool for Regulation - Transposition of EU Legislation - Pre- and post-legislative scrutiny: the lifecycle of legislation Thornton's Legislative Drafting helps the reader to: - Identify the aim of legislation as one of the regulatory tools - Align their concept of legislative quality with that of effectiveness of legislation - Use effectiveness as the criterion for resolving drafting dilemmas - Apply the effectiveness doctrine to all aspects of legislative drafting - Earn exposure to examples of best and bad practice drawn from a plethora of jurisdictions - Earn awareness of best practice in aspects of legislative drafting worldwide - Understand the “why” behind legislative conventions, thus becoming equipped with the tools for their application in practice.Trade Review...the uber-manual of all legislative drafting manuals...Like all legislative drafters around the world, I love Thornton’s Legislative Drafting both in its earlier editions and its new editions, and I will always regard it as an invaluable tool for those who wish to think more about the choices that they make in their everyday drafting activities. It is an essential work for which the legislative drafting community remains constantly grateful. -- Daniel Greenberg CB * Statute Law Review, 2023, 44 *The 6th edition of a legal text is in itself a tribute to its durability and usefulness. In the over 50 years since G.C. Thornton published his 1st edition in 1970, his book has stood the test of time … Under the direction of Professor Xanthaki, the 5th and now 6th editions … have continued to pursue Thornton’s original objective of providing practical guidance to those engaged in drafting legislation. -- John Mark Keyes, University of Ottawa * The Loophole *Table of Contents1 Legislation as a tool for regulation 2 Words 3 Syntax and punctuation 4 Style 5 Specific matters of style 6 Miscellaneous words and expressions 7 Interpretation Acts 8 The drafting process: Part 1 9 The drafting process: Part 2 10 Formalities and arrangement 11 Preliminary provisions 12 Powers and duties 13 Substantive and administrative provisions: Part 1 14 Substantive and administrative provisions: Part 2 15 Substantive and administrative provisions: Part 3 16 Supplementary provisions 17 Penal provisions 18 Final provisions 19 Amending legislation 20 Subordinate legislation 21 Transposition of EU legislation 22 Pre- and post-legislative scrutiny: The lifecycle of legislation

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Book SynopsisCourtrooms and contracts. Legal claims and criminal cases. The legal system can be complex, but you’ll be at an advantage with this enlightening guide by your side! From the day of our birth and your government-issued birth certificate to finding a job and paying your taxes to our eventual death certificate, legal documents, legal rights and responsibilities, and the law are an inescapable part of our lives. From the Constitution to coping with our court system and from employment law, bankruptcy law, and immigration law to the Bill of Rights, The Handy Law Answer Book 2nd edition, answers every conceivable law question, including … What exactly does the U.S. Constitution do? What is an example of a separation of powers problem? How is a law created? Why were the first ten amendments—the Bill of Rights—added to the U.S. Constitution? What three freedoms does the Eighth Amendment protect? How was the U.S. Supreme Court created? What commission studied various reform proposals to the U.S. Supreme Court? How does tort law differ from criminal law? Are children held to the same standards as adults? What was the McDonald’s hot coffee case? Can employers really discriminate against employees for any reason? How does an employee prove a claim of religious discrimination? How does the unemployment benefits process work? What is an arrest? How do you qualify for a court-appointed attorney? What happens if a jury cannot reach a decision? Can cousins legally marry? What happens if a person refuses to pay child support? How long does negative information stay on my credit report? What does it cost to file for bankruptcy? What was the Chinese Exclusion Act? How does one become a U.S. citizen? How can a person obtain asylum? And many, many more! Completely revised and updated for the first time in 15 years, The Handy Law Answer Book answers over 750 of the most important, intriguing, and interesting legal questions. Whether you’re in your living room or law school, this compelling resource will inform you of the basics of the law and legal principles. It will arm you with the knowledge you need to navigate and understand our system of justice!

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Book SynopsisThe Guide to Representing Religious Organizations addresses critical issues and risk factors of concern for religious organizations ranging from formation and governance, to taxes, fundraising and employment issues, and property rights. It outlines the general requirements of applicable law and highlights areas in which religious organizations receive special consideration under the law. The Guide's topical discussions are well organized for ease of reference. This book will assist attorneys who are asked to represent religious organizations as well as provide general information for religious leaders faced with a legal challenge.

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Book SynopsisProfessors Newell and Peterkin deal thoroughly with fundamental grammar skills often overlooked in legal writing textbooks. The chapters in this text cover everything that students should learn in legal writing from spotting issues, to finding and interpreting the law, to writing either an objective or persuasive document for their client or the court. Each chapter provides exhaustive treatment of the topic. The text also provides useful examples and exercises for the reader to test his or her understanding of the topic. The Journey to Excellence in Legal Writing not only contains a thorough explication of legal writing for first-year law students. Upper-level students, practitioners, and judges will also benefit from the instruction contained in these pages. Therefore, this book is the perfect tool for all who wish to learn and improve their legal writing skills. Through The Journey to Excellence in Legal Writing students and other readers will: Learn the differences between primary and secondary law, the doctrine of stare decisis, and the distinction between statutory law and case law. Become skilled at outlining rules in order to identify issues and craft issue statements properly. Gather knowledge to interpret statutes and apply case law to different factual scenarios. Use synthesis to compare court holdings and reasoning in fashioning a general legal principle. Be taught how to develop organizational skills and use grammatical rules appropriately. Be able to apply effective techniques in writing memoranda. Study the importance of ethics in correspondence to clients. Comprehend the power behind mediation and negotiations. Study the best ways to answer examination questions.

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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 SynopsisThis book is for lawyers who are just beginning their careers, who want to do more than show up, act eagerly, and not get fired. This is for lawyers who want to know what their role is in a law firm from day one and take their careers head-on, with direction and purpose. This is for you if you don't care to be frustrated or overwhelmed by your career, but awakened. This is for you if you know that you want to become a leader in your law firm, practice area, or industry down the line. Are you in? Thrive will improve your performance, save you some very real growing pains, and accelerate your legal career.

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Book SynopsisLexisNexis CaseMap is a computer program that makes analyzing cases easier and allows lawyers to do a better job for their clients in less time. This guide is filled with many tips designed to help you get the most from LexisNexis CaseMap. It includes step-by-step instructions and illustrations. It is suitable for beginners and longtime users.

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Book SynopsisHaving the most compelling evidence and airtight argument does not mean you'll win your case if you cannot clearly and expertly express yourself. Using common examples from every-day legal documents, the Grammar and Writing Handbook shows you precisely which rules need to be followed, how to choose the correct words, and the most effective way to structure every sentence. The book includes a brief history of the English language, as well as comprehensive information on: Parts of speech Verb properties Singular vs. plural Punctuation and mechanics Using words to convey meaning Agreement Composing sentences Variety in composing sentences Composing paragraphs Composing a legal memorandum Faux pas: miscellanea Extra credit for grammar maestros This essential handbook also includes an appendix of common irregular verbs, and another appendix with a sample legal memorandum. The Grammar and Writing Handbook is the thorough resource you need that will help you compose more persuasive, stronger material that's flawlessly written--which can be the difference you need to win you the case or the client.

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Book SynopsisLegal Project Management in One Hour for Lawyers provides any attorney with practical skills and methods for improving efficiency, keeping budgets under control, building strong working relationships with clients, and maximizing profitability. In just one hour, this book will help you: understand the features and benefits of Legal Project Management (LPM); negotiate project scope and budgets with clients; align your legal work with client needs and priorities; plan and budget all legal project phases and tasks; improve communications with both internal team members and external clients; keep legal work on schedule, on task and on budget; gain familiarity with LPM software, tools, and templates; leverage time and effort with proven Legal Project Management techniques; and improve business development success and enhance client trust.

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Book SynopsisCelebrating its 20th anniversary this updated third edition of an ABA best-seller outlines the fundamentals of running a successful law practice. Whether you are starting a law practice from the ground up or you are looking to enhance the practice you have, this book contains the information you need to achieve success. Ed Poll, respected columnist and management consultant with over four decades of experience in business and in law, has simplified the mystical process of operating a law practice so that anyone can be more effective with his/her clients and become more profitable. New and updated in this edition are the sections on internet marketing, social media, legal technology, and overcoming stress in your legal career.Table of ContentsForeword ... xxiPreface ... xxiiiAcknowledgments... xxvAbout the Author...xxviiAbout the Contributors ... xxixPart I: Creating the Business Plan 1Chapter 1Law Is a Business... 3 1.01 Law Is a Business ... 5 1.02 The Three Competencies ... 6 1.02.1 Marketing Competence ... 6 1.02.2 Technical Competence ... 6 1.02.3 Financial Competence ... 7 1.03 Warning Signs ... 7 1.04 Why Plan? ... 8 1.05 Action Plan... 10Chapter 2First Steps in Starting a New Practice: Initial Checklist ... 11 2.01 Skills for Success ... 12 2.01.1 Strengths of the Entrepreneur ... 12 2.01.2 Weaknesses of the Entrepreneur... 14 2.02 Initial Checklist: Starting a New Practice ... 14 2.03 Initial Checklist: Making a Lateral Move ... 15 2.03.1 Make a Considered Decision... 15 2.03.2 Review the Existing Partnership Agreement ... 16 2.03.3 Know Your Financial Obligations... 16v 2.03.4 Establish a Relationship with Your Bank and Banker... 16 2.03.5 Select an Accountant... 16 2.03.6 Establish a Relationship with an Insurance Broker ... 17 2.03.7 Create a Business Plan ... 17 2.03.8 Develop a Forms File ... 17 2.03.9 Review and Select Technology ... 17 2.03.10 Develop Your Client and Related Files List ... 18 2.03.11 Develop a Case File-Numbering Scheme ... 18 2.03.12 Determine Which Clients/Matters Will Goand Which Will Stay ... 18 2.03.13 Draft a Client Contact Letter ... 18 2.03.14 Develop a Retainer Agreement... 19 2.03.15 Prepare a Letter to Colleagues in the Firm ... 19 2.03.16 Know When Enough Is Enough... 19 2.04 Action Plan... 19Chapter 3The Planning Process ... 21 3.01 What Planning Is and Is Not... 22 3.02 The Basic Steps ... 23 3.02.1 Prepare to Plan ... 23 3.02.2 Identify Goals ... 24 3.02.3 Create the Marketing Plan... 24 3.02.4 Create the Financial Plan ... 24 3.02.5 Evaluate and Revise the Plan ... 25 3.03 Secondary Plans ... 26 3.03.1 Disaster-Recovery Plan ... 26 3.03.2 Succession Plan ... 26 3.04 Agreeing to Plan ... 26 3.05 Who Plans? ... 27 3.06 The Logistics of Planning ... 27 3.07 Gathering the Relevant Information ... 28 3.08 Looking Ahead ... 29 3.09 Action Plan... 29Chapter 4Setting Goals... 35 4.01 SMART Formula ... 36 4.02 Identifying Personal Goals ... 36 4.03 Identifying Law Firm Goals ... 37vi CONTENTS 4.04 Identifying Work-Life Balance Goals... 39 4.05 Action Plan... 39Part II: Marketing Paradigms 43Chapter 5Creating the Marketing Plan ... 45 5.01 Marketing Defined ... 46 5.02 Components of a Marketing Plan ... 46 5.02.1 What Is Your Current Situation?... 47 5.02.2 What Are You Trying to Accomplish? ... 48 5.02.3 Who Are Your Target Customers, or Clients?... 48 5.02.4 What Is Your Strategy for Reaching YourTarget Audience? ... 50 5.02.5 How Much Time, Staff, and Money Will Be Required? ... 53 5.02.6 How Will You Know If You Are Successful? ... 54 5.03 What Clients Want ... 54 5.04 The Marketing Mix... 56 5.05 Embrace Marketing ... 57 5.06 Action Plan... 57Chapter 6A Solo and Small-Firm Practitioner's Marketing Renaissance ... 63 6.01 Cultivate Clients ... 64 6.01.1 Step One: Make Yourself Visible ... 65 6.01.2 Step Two: Find Opportunity and Push Itinto the Pipeline ... 66 6.01.3 Step Three: Bring That Opportunity to Closure... 66 6.01.4 Step Four: Follow Up, Follow Up, Follow Up ... 67 6.01.5 Step Five: Discipline Yourself ... 68 6.02 Serve the 99 Percent ... 68 6.02.1 Guarantee Satisfaction ... 68 6.02.2 Establish Alliances ... 69 6.02.3 Embrace Technology... 69 6.03 Action Plan... 70Chapter 7Using the Internet to Market Your Legal Services ... 71 7.01 Benefits of Internet Marketing ... 72CONTENTS vii 7.02 The Law Firm Website ... 73 7.02.1 Brochureware Websites ... 73 7.02.2 Information-Hub Websites... 76 7.02.3 Websites for Conducting Private Communication ... 77 7.03 Designing and Maintaining the Firm's Website ... 78 7.03.1 Step One: Determine the Marketing Purposeof the Website ... 78 7.03.2 Step Two: Design the Layout and Content ... 78 7.03.3 Step Three: Make the Website Available to the Masses ... 79 7.03.4 Step Four: Maintain the Website... 80 7.04 Electronic Mailing Lists ... 81 7.05 LISTSERVs and Other Discussion Groups ... 82 7.06 Internet Communities ... 84 7.07 Action Plan... 84Chapter 8Using Social Media to Market Yourself ... 85 8.01 Marketing Benefits ... 86 8.02 Maximizing Social Media Use ... 87 8.03 Measuring Returns ... 87 8.04 Need for Personal Contact ... 88 8.05 Bar Association Regulation ... 89 8.06 Formulating Policies ... 90 8.07 Special Concerns About Blogging ... 90 8.07.1 Marketing Tactics ... 90 8.07.2 Technology Concerns ... 91 8.08 Action Plan... 91Chapter 9Using Business Cards, Stationery, and Print Mediato Support Rainmaking Goals ... 93 9.01 Establishing Your Firm Image ... 94 9.01.1 Selection of a Vendor ... 94 9.01.2 Graphics Issues ... 94 9.02 Business Cards ... 94 9.03 Firm Stationery ... 95 9.03.1 Maximize the Value of Your Letterhead ... 95 9.03.2 Plain Paper ... 95 9.04 Other Basic Paper Items... 96 9.05 Large Mailing Envelopes and Mailing Labels ... 96 9.06 Firm Announcements... 97 9.06.1 Envelopes ... 98 9.06.2 Announcement Content ... 98viii CONTENTS 9.07 Firm Brochures and Seminar and Direct-Mail Printing ... 99 9.07.1 Law Firm Brochures: Two-Pocket Folders ... 100 9.07.2 Law Firm Brochures: Alternativesto Two-Pocket Folders... 100 9.08 Action Plan... 101Chapter 10Branding ... 103 10.01 Unique Selling Points ... 104 10.02 Internal Acceptance ... 105 10.03 Management and Marketing Issues... 105 10.03.1 Strategic Marketing Plan ... 106 10.03.2 Marketing Costs ... 107 10.03.3 Lawyer Time and Activities... 108 10.03.4 Negative Fallout ... 108 10.03.5 Firm Leadership ... 110 10.04 Why Brand? ... 110 10.05 Action Plan... 111Part III: Marketing Beyond Advertising 113Chapter 11Rules for Improving Client Relations ... 115 11.01 Believe That the Client Is Number One ... 116 11.02 Return Phone Calls ... 117 11.03 Make Sure That Staff Members Knowthe Names of Clients... 117 11.04 Communicate Regularly with Clients ... 117 11.05 Build a Team Concept ... 118 11.06 Make the Client Feel Like Part of the Team ... 118 11.07 Visit Clients ... 119 11.08 Advise Clients About Changesin the Law That Impact Them ... 120 11.09 Be Realistic in Forecasting Work ... 120 11.10 Ask Clients for Feedback ... 121 11.11 Action Plan... 121Chapter 12Listening to Clients ... 123 12.01 The Client Satisfaction Survey ... 124 12.01.1 Survey Types ... 124 12.01.2 Written Survey... 125CONTENTS ix 12.01.3 Telephone Survey ... 125 12.01.4 In-Person Survey... 126 12.02 Presentation Skills... 127 12.03 Listening Techniques ... 127 12.03.1 Active Listening... 127 12.03.2 Gender Listening... 128 12.03.3 Paying Attention to Nonverbal Communication... 128 12.04 It Pays to Ask Questions ... 129 12.05 Following Up ... 130 12.06 Action Plan... 131Part IV: Financial Management 135Chapter 13Creating the Financial Plan ... 137 13.01 Key Financial Terms ... 138 13.02 Introduction to Cash Flow ... 140 13.03 Creating the Collected Revenue Cash Flow Form ... 141 13.03.1 Row 1: Cash Retainers Collected for General Account... 142 13.03.2 Row 2: Transfer of Funds fromTrust Account per Client Instructions... 142 13.03.3 Row 3: Contingency Fees Collected ... 143 13.03.4 Row 4: Collected Accounts Receivable ... 143 13.03.5 Row 5: Funds Collected from Sale of Assets... 144 13.03.6 Row 6: Miscellaneous Collected Funds ... 144 13.03.7 Row 7: Total Operating Funds Collected ... 144 13.03.8 Final Rows ... 144 13.04 Creating the Paid Expenses Cash Flow Form ... 144 13.04.1 Row 1: Employee Salaries ... 146 13.04.2 Row 2: Employee Taxes ... 146 13.04.3 Row 3: Partner Draws/Shareholder Salaries ... 147 13.04.4 Row 4: Rent ... 147 13.04.5 Rows 5, 6, and 7: Insurance ... 147 13.04.6 Row 8: Marketing and Public Relations ... 148 13.04.7 Rows 9 and 10: Office Expenses ... 148 13.04.8 Row 11: Professional Dues... 148 13.04.9 Row 12: Continuing Legal Education ... 149 13.04.10 Row 13: Library ... 149 13.04.11 Row 14: Professional Services ... 149 13.04.12 Row 15: Travel and Entertainment... 149 13.04.13 Row 16: Loan Repayments ... 149 13.04.14 Row 17: Total Operating Expenditures ... 149x CONTENTS 13.05 Creating the Summary Cash Flow Form ... 149 13.05.1 Row 1: Beginning Cash Balance ... 150 13.05.2 Rows 2 and 3: Increases and Decreases in Cash ... 150 13.05.3 Row 4: Cash Balance... 150 13.05.4 Row 5: Short-Term Loans... 150 13.05.5 Row 6: Cash Available ... 151 13.05.6 Row 7: Capital Expenditures... 151 13.05.7 Row 8: Balance of Cash ... 151 13.05.8 Row 9: Long-Term Loans... 151 13.05.9 Row 10: Free Cash Flow... 151 13.05.10 Row 11: Savings... 151 13.05.11 Row 12: Net Free Cash Flow ... 152 13.05.12 Row 13: Extraordinary Use of Cash Flow ... 152 13.05.13 Row 14: Monthly Cash Totals ... 152 13.05.14 Addressing the Issue of Negative Numbers... 152 13.06 Final Thoughts on Cash Flow Plans ... 153 13.07 Action Plan... 153Chapter 14Methods of Determining Revenue... 157 14.01 Revenue Pattern Analysis ... 158 14.02 Turnover Ratio... 158 14.03 Aging Analysis ... 159 14.04 Payment Pattern Analysis ... 160 14.05 Action Plan... 161Chapter 15Pricing Legal Services ... 165 15.01 Basic Ways to Set Prices... 166 15.01.1 Cost-Plus Pricing... 166 15.01.2 Market Pricing ... 168 15.02 Specific Pricing Methods: Hourly Rate Pricing ... 169 15.03 Specific Pricing Methods: Alternativesto Hourly Rate Pricing... 170 15.03.1 Blended Hourly Rate ... 170 15.03.2 Fixed or Flat Fee ... 171 15.03.3 Value Pricing ... 171 15.03.4 Contingent/Percentage Fee... 172 15.03.5 Premium Pricing ... 173 15.03.6 Retainer... 173 15.04 The Future of the Billable Hour ... 173 15.05 Cost Disbursements as an Element of Pricing ... 174CONTENTS xi 15.06 The Use of Nonlawyers ... 175 15.07 Price Sensitivity and Raising Rates ... 177 15.08 Action Plan... 177Chapter 16The Billing Process ... 179 16.01 Importance of Billing Process ... 179 16.02 Clients and the Billing Process ... 180 16.03 Who Should Do the Billing? ... 180 16.04 What Should Bills Look Like and Contain? ... 181 16.04.1 Appearance ... 181 16.04.2 Content ... 181 16.05 When Should Bills Be Prepared? ... 182 16.06 When Should Bills Be Sent? ... 182 16.07 Responses from Clients ... 183 16.08 Action Plan... 183Chapter 17Credit and Collections ... 189 17.01 Giving Credit Where Credit Is Due... 190 17.01.1 Approve Clients... 190 17.01.2 Determine Credit Limits ... 190 17.01.3 Set Interest Rates ... 191 17.02 Collecting Your Money ... 191 17.03 Steps to Decreasing the Need to Worry About Collections . . 192 17.03.1 Fees and Budgets... 192 17.03.2 Other Communication Considerations ... 192 17.03.3 Retainers ... 193 17.03.4 The Billing Cycle ... 193 17.03.5 Time Your Statements... 194 17.03.6 Make It Easy to Pay ... 194 17.03.7 Discounts for Timely Payment ... 194 17.04 Steps to Increasing Your CollectionsWhen Clients Don't Pay ... 194 17.04.1 Communication... 195 17.04.2 Dial-and-Smile"... 195 17.04.3 Plan for Payment... 197 17.04.4 Last Resorts ... 197 17.05 Action Plan... 197Chapter 18Banks and Loans ... 199 18.01 Financial Needs... 200xii CONTENTS 18.02 Types of Loans... 202 18.03 Selecting a Bank ... 202 18.04 How a Bank Selects Borrowers ... 203 18.04.1 Areas of Concern... 204 18.04.2 The Four C's... 204 18.04.3 Documents That the Bank Wants to See ... 206 18.04.4 Additional Information to Discuss with the Bank... 206 18.05 Developing a Good Relationship with the Banker ... 207 18.06 Action Plan... 207Chapter 19Equipment Lease Financing ... 209 19.01 Advantages of Leasing ... 210 19.01.1 Leasing Is Flexible and Practical... 210 19.01.2 Leasing Is Cost-Effective ... 210 19.01.3 Leasing Has Tax Advantages ... 211 19.01.4 Leasing Helps Conserve Operating Capital ... 211 19.02 Other Leasing Considerations ... 211 19.02.1 Types of Leases ... 211 19.02.2 Approval Decisions... 212 19.02.3 Property Taxes ... 213 19.02.4 Use Taxes ... 213 19.02.5 Insurance ... 213 19.02.6 Personal Guarantee... 214 19.02.7 Rentals... 214 19.02.8 Lease Rates ... 214 19.02.9 Warranties... 214 19.02.10 Soft Costs ... 214 19.02.11 Maintenance Contracts... 215 19.02.12 Leasing and Rapid Changes in Technology ... 215 19.02.13 Early Buyouts and the Rule of 78s" ... 216 19.03 Action Plan... 217Chapter 20Risk Management for Lawyers ... 219 20.01 Insurance Needs ... 219 20.01.1 Property and General Liability Insurance ... 220 20.01.2 Cyberinsurance ... 221 20.01.3 Life Insurance ... 221 20.01.4 Disability Insurance ... 221 20.01.5 Health Insurance ... 221 20.01.6 Errors and Omissions Insurance ... 222 20.01.7 Employment Practices Liability Insurance ... 222CONTENTS xiii 20.01.8 Personal Auto Insurance ... 223 20.01.9 Employee Benefits... 223 20.02 Disaster-Recovery Plan ... 223 20.02.1 Create a Task Force ... 223 20.02.2 Create a Management Structure ... 224 20.02.3 Create a Communication System ... 224 20.02.4 Test the Efficacy of the Plan... 225 20.02.5 The Plan in Action... 225 20.03 Action Plan... 225Chapter 21Client Trust Accounting the Easy Waywith QuickBooks ... 227 21.01 IOLTA Basics ... 228 21.02 Rule of Five" ... 229 21.03 Accounting Theory... 230 21.04 QuickBooks for Windows ... 230 21.05 Summary of Tasks ... 232 21.05.1 Receiving Funds ... 232 21.05.2 Disbursing Funds ... 232 21.05.3 Reports ... 233 21.06 Action Plan... 236Chapter 22Improving Your Bottom Line... 237 22.01 Banking ... 237 22.02 Office Services ... 240 22.03 Rent ... 240 22.04 Diversity... 241 22.05 Revenues Versus Expenses ... 241 22.06 Personal/Professional Expense Hierarchy ... 242 22.07 Action Plan... 243Chapter 23Playing the Slow Economy Game ... 245 23.01 Temporary Slowdown ... 246 23.02 Downsizing ... 246 23.03 Demerger ... 247 23.04 Liquidation ... 247 23.05 The Great Recession ... 247 23.06 Action Plan... 248xiv CONTENTSPart V: Employee Issues 249Chapter 24Hire Is Not a Four-Letter Word" ... 251 24.01 Determining Your Staffing Needs ... 252 24.02 Considering Preemployment Consultation ... 252 24.03 Writing the Job Description... 253 24.03.1 Legal Assistant... 253 24.03.2 Legal Secretary... 254 24.03.3 Paralegal (Certificated)... 254 24.03.4 Independent Contractor... 255 24.04 Choosing an Advertising Venue... 256 24.05 Setting Up a Screening Funnel ... 256 24.06 Preparing Before the Interview ... 257 24.07 Conducting the Face-to-Face Interview ... 258 24.07.1 Do's and Don'ts of Interviewing ... 259 24.07.2 Sample Questions ... 260 24.08 Hiring Temporary Employees ... 262 24.09 Action Plan... 262Chapter 25The Law Office as Equal Opportunity Employer:Rights, Risks, and Responsibilities ... 265 25.01 The Foundation of Equal Employment Opportunities... 266 25.01.1 Areas of Concern... 266 25.01.2 Defenses to Discrimination Charges ... 268 25.02 The Legal Framework ... 268 25.02.1 Title VII of the Civil Rights Act of 1964... 269 25.02.2 Age Discrimination in Employment Act of 1967 ... 271 25.02.3 Older Workers Benefit Protection Act of 1990 ... 272 25.02.4 1990 Americans with Disabilities Act ... 272 25.02.5 Family and Medical Leave Act of 1992 ... 275 25.02.6 Comparison/Contrast of FMLA and ADA... 276 25.03 Preemployment Selection ... 276 25.03.1 Recruitment and Advertising ... 276 25.03.2 Criminal Background Screeningand/or Credit Checks ... 279 25.03.3 The Personal Interview ... 280 25.04 Discrimination in the Workplace ... 280 25.04.1 Sex Discrimination ... 280 25.04.2 Age Discrimination ... 282CONTENTS xv 25.04.3 Religious Discrimination ... 283 25.04.4 Disability Discrimination... 283 25.05 Action Plan... 286Chapter 26Conducting Effective Performance Appraisalsin a Law Office Setting... 287 26.01 Setting Objective Performance Standards... 288 26.01.1 Purpose ... 288 26.01.2 Specifics of Creating a Standards-BasedAppraisal System ... 288 26.02 Specific Performance Appraisal Considerations ... 290 26.03 Conducting a Performance Appraisal Conference ... 291 26.04 Action Plan... 292Chapter 27Preventing Workplace Harassment and Retaliation in the Law Office ... 293 27.01 What Is Workplace Harassment? ... 294 27.01.1 Harassment ... 294 27.01.2 Sexual Harassment ... 295 27.02 Myths and Facts About Workplace Harassment ... 297 27.03 High-Tech Workplace Harassmentand Abuses of Electronic Messaging... 298 27.03.1 Unwelcome E-Mail Messages ... 300 27.03.2 Myths About Explosive E-Mail... 300 27.03.3 Reasons for Monitoring Employee E-Mail ... 301 27.03.4 Development of an E-Mail Monitoring Policy ... 302 27.03.5 Enforcement of the E-Mail Monitoring Policy ... 303 27.03.6 Limits on Employees' Privacy... 304 27.04 Retaliation as a Separate Form of Discrimination ... 305 27.05 Responsibilities of Supervisors... 306 27.06 Developing Enforceableand DefensiblePolicies... 307 27.06.1 Clear and Effective Reporting Procedures ... 307 27.06.2 Effective Training to Avoid Other Liabilities ... 308 27.06.3 Training Guidelines ... 309 27.07 Action Plan... 311Chapter 28Should You Hire an Executive Director?... 313 28.01 The Executive Director's Job... 314 28.02 A Profit Center for the Firm ... 314 28.03 Measuring Benefits ... 315 28.04 Action Plan... 315xvi CONTENTSPart VI: Technology 317Chapter 29Technology and the Legal Information Age... 319 29.01 The Open-Access Movement ... 320 29.01.1 Open-Access Legal Portals ... 320 29.01.2 Government Portals ... 323 29.01.3 Collaborative Websites ... 323 29.02 E-Books... 324 29.02.1 Pros and Cons ... 325 29.02.2 E-Book Purchases ... 326 29.02.3 E-Book Cost and Licensing Considerations ... 327 29.02.4 A Possible Future Model for E-Books ... 327 29.03 Going Mobile: Apps ... 328 29.03.1 Ready Reference Apps ... 329 29.03.2 Legal Research ... 329 29.03.3 Legal Publisher Apps ... 330 29.03.4 Productivity ... 331 29.03.5 Trial Practice... 332 29.03.6 Keeping Current ... 333 29.04 Improvements in Legal Databases... 333 29.05 Action Plan... 335Chapter 30Financial and Ethical Implications of Technology ... 337 30.01 Financial Implications of Technology ... 338 30.01.1 ROI and Cash Flow... 338 30.01.2 ROI and the Replacement Cycle... 338 30.01.3 ROI and Financing ... 339 30.01.4 ROI and Efficiency ... 340 30.02 Ethical Implications of Technology ... 341 30.02.1 Meet the Standard of Care... 342 30.02.2 Safeguard Files... 342 30.02.3 Maintain Confidentiality ... 343 30.03 Action Plan... 344Part VII: Operating Your Law Practice 345Chapter 31A Checklist for Moving Your Law Firm ... 347 31.01 The Decision to Move ... 348 31.01.1 Establish an Initial Timeline ... 348 31.01.2 Locate New Space ... 348CONTENTS xvii 31.01.3 Negotiate for New Space ... 349 31.01.4 Set a Moving Date... 349 31.01.5 Develop a Moving Budget... 350 31.02 New-Space Planning ... 350 31.02.1 Plan New-Space Improvements ... 350 31.02.2 Establish What Goes Where ... 350 31.02.3 Determine Location of Telephone,Electrical, and Computer Hookups... 351 31.03 Premove Planning... 351 31.03.1 Create a Move Manual ... 351 31.03.2 Solicit Moving Bidsand Hire a Moving Company ... 351 31.03.3 Factor in Lead Time for OrderingFurniture, Equipment, and Supplies... 352 31.03.4 Order Printed Firm Materials ... 352 31.03.5 Order Packing Supplies ... 352 31.03.6 Schedule Telephone and Computer Services ... 353 31.03.7 Handle Other Notifications ... 353 31.03.8 Set Up Tagging/Labeling Plan ... 354 31.03.9 Assign New Parking Cards and Building Passes... 355 31.03.10 Review Vacations and Personal Days ... 355 31.03.11 Schedule Premove Meetings ... 355 31.03.12 Schedule Premove Inspections of New Space ... 355 31.03.13 Schedule an All-Hands Space Visit ... 356 31.03.14 Obtain Acknowledgments ... 356 31.04 The Move ... 356 31.04.1 Publish the Moving Schedule ... 356 31.04.2 Appoint Move Coordinators ... 356 31.04.3 Post Color-Coded Floor Plans... 356 31.04.4 Determine Optimum Order ... 356 31.04.5 Schedule Technicians/Maintenance Staff ... 357 31.04.6 Address Security Issues ... 357 31.05 After the Move ... 357 31.05.1 Clean Up Old Space ... 357 31.05.2 Inspect Old Space with Landlord... 357 31.05.3 Obtain Certification and Release of Old Space ... 357 31.06 Action Plan... 357Chapter 32Your Own Island: Opening a Home-Based Practice... 363 32.01 Packing for Your Trip to the Island ... 364 32.01.1 Computer ... 364 32.01.2 Internet Connectivity ... 365xviii CONTENTS 32.01.3 Printer/Scanner/Copier/Fax Machine ... 365 32.01.4 Smartphone ... 365 32.01.5 Software Program ... 366 32.01.6 Online Services ... 366 32.01.7 Office Furniture ... 366 32.02 Crew on the Island ... 366 32.03 Ethics of the Island ... 367 32.03.1 Service ... 367 32.03.2 Quality ... 368 32.03.3 Confidentiality... 368 32.04 Happily Stranded on the Island ... 368 32.05 Action Plan... 368Chapter 33Case Study: Starting a Family Law Practice ... 369 33.01 The Advice... 370 33.01.1 Do You Really Want Your Own Firm? ... 370 33.01.2 Profiling the Desired Practice ... 371 33.01.3 Selecting the Location of the Practice ... 372 33.01.4 Staff Considerations ... 374 33.01.5 Equipment Considerations ... 374 33.01.6 Promoting the New Practice ... 374 33.01.7 Expansion from Solo Practice to Partnership ... 376 33.02 Implementation... 377 33.02.1 Profiling My Firm ... 377 33.02.2 Selecting My Office ... 377 33.02.3 Staffing and Equipping My Office ... 378 33.02.4 Outlining a Business Plan ... 378 33.02.5 Embracing the Opportunity to Grow ... 379 33.02.6 Where I Am Today ... 380 33.03 Action Plan... 381Chapter 34Overcoming Stress in Your Legal Career ... 383 34.01 Prioritize... 384 34.02 Ten Steps to Organization ... 385 34.02.1 Step One: Unclutter Your Office ... 385 34.02.2 Step Two: Set Up a 43" System ... 386 34.02.3 Step Three: Employ a U-Shaped Office Layout ... 387 34.02.4 Step Four: Spend Time on Daily Planning ... 387 34.02.5 Step Five: Incorporate PWT... 388 34.02.6 Step Six: Prepare a Weekly To-Do List... 388CONTENTS xix 34.02.7 Step Seven: Manage Interruptions ... 388 34.02.8 Step Eight: Assign NumericalTime Frames for Requests ... 389 34.02.9 Step Nine: Conduct Efficient Group Meetings... 389 34.02.10 Step Ten: Conduct One-to-One Briefings ... 390 34.03 What Not to Do... 390 34.04 Good Stress ... 391 34.05 Action Plan... 391Appendix A: Cash Flow Projection Forms ... 393Appendix B: Monthly Accounts Receivable Aging Analysis... 397Appendix C: Profit and Loss Statement ... 401Appendix D: Budget Recap Revenue and Expense Forms ... 405Appendix E: General Ledger Information ... 409Appendix F: Payment Pattern Analysis... 415Appendix G: Comparison of Essential Provisions of the ADAand the FMLA ... 417Appendix H : Examples of Overlap and Conflict Between the ADAand the FMLA ... 421Appendix I: Employer Actions ... 425Appendix J: Effect on Workers' Compensation ... 431Appendix K: Preemployment Inquiries ... 435Index ... 439

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Book SynopsisStrong financial management helps law firms profit in the good times and weather the bad ones...but it also takes time and effort. Finding the time during a busy day can be challenging, and for many firms, hiring an expensive CFO is out of the question. But now there's the newly updated and revised edition of Results-Oriented Financial Management. The first two versions have helped countless firms reach their financial goals, and this third edition is no exception. Nationally-recognized expert John Iezzi covers every aspect of the financial management process, from gathering a firm's historical data, to preparing and analyzing the overall financial plan. Whether you're a financial novice or veteran manager, this book will help you examine every facet of your financial affairs from cash flow and budget creation to billing and compensation, including: * Calculating net income* Preparing annual financial plans* Setting billing rates and performing analyses on results* Performing timekeeper breakeven analysis* Examining cash flow analysis* Performing pro-forma calculations* And much more!

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Book SynopsisParalegals and legal assistants need a thorough guide to all the rules and regulations dictating their job performance, as well as a repository of the many forms they see every day. The revised and updated 2015 Legal Assistant's Complete Desk Reference explores these myriad responsibilities and types of paperwork in six easy-to-use sections: PART I: A DAY IN THE LIFE OF A LEGAL ASSISTANT PART II: COURT SYSTEMS AND PROCEDURES PART III: PREPARING LEGAL INSTRUMENTS, DOCUMENTS AND COURT FILINGS PART IV: LEGAL RESEARCH AND WRITING PART V: TRIAL PREPARATION PART VI: AREAS OF PRACTICE This is a complete guide to the rules and regulations guiding paralegals and legal assistants, as well as the many different types of forms they are responsible for each day. This comprehensive handbook also explores the career opportunities open to paralegals and legal assistants, as well as some common areas of legal practice and what they entail. With a CD of writable sample forms and letters, a state-by-state resource guide, a glossary of common legal terms, and a thorough index, this is the guide you need to efficiently complete all your many duties. This updated edition contains new forms and additional samples.

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