Search results for ""American Bar Association""

Covenants against Competition in Franchise Agreements, Fourth Edition provides a comparative analysis of this critical topic in the franchise context throughout North America. Using a consistent format, this book addresses the following issues for each jurisdiction: Has the state or jurisdiction addressed covenants against competition in the context of franchising? Have the courts articulated the 'legitimate interests' of the franchisor that will support enforcement of a covenant against competition contained in a franchise agreement? What time limitations have courts recognized as reasonable in the franchise context? What geographic limitations have courts recognized as reasonable? What limitations on activities have courts recognized as reasonable in the franchise context? Does the jurisdiction recognize a difference between in-term and post-term covenants? Has the state allowed enforcement of covenants against non-signatories? Will the jurisdiction modify, 'blue pencil' or otherwise reduce a covenant found to be overbroad? When does a non-compete period begin to run? Are there additional nuances or peculiarities of the jursidiction's treatment of covenants in the franchising context?

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Family lawyers are dealing with a burgeoning number of cases involving special needs children. These families have much higher divorce rates and their cases often involve more specialized handling. To meet these demands, this book takes a practical look at what special needs are, how they are relevant in the arena of divorce, and what lawyers can do to make the system work better for these children and their families.Special needs are often determined following the categories that the public education system considers eligible for special education services, including autism, physical limitation and health impairment, emotional disturbance, learning disability, and developmental delay, among many others. The author begins by discussing what special needs are in terms of legislation and how such cases are evaluated and then handled in the court. Issues addressed include the initial interview, drafting divorce petitions and motions, and legislation and case law.The Special Needs Child and Divorce, Second Edition examines how child support guidelines and standard visitation schedules often don't meet the needs of special needs children, and Chapter 6 provides a model child support chart, parenting plan, and modification for these cases. Subsequent chapters address other aspects raised by handling a case with a special needs child, including maintenance and property division, the roles of the parties in the divorce process, guardianships, special needs trusts, and other estate planning issues.Drawn from her years of experience in handling divorce and family court cases involving special needs children, the author provides numerous practice tips throughout the book. In addition, she includes valuable sample language and forms throughout the text that illustrate how modifications are needed to adequately address issues raised by a special needs child. Other chapters offer sample forms and documents that have been developed or adapted for use in divorce cases involving children with special needs and checklists to help guide you through the key elements of handling the case.

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This book provides lawyers with advice about selecting a mediator, preparing clients for mediation, and coaching the clients through the negotiation process to a settlement. It offers wise perspectives, examples from cases, and bullet-point practice tips.

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In straightforward language, the third edition of A Practitioner's Guide to Innocent Spouse Relief takes you step-by-step through the innocent spouse claim process, from information gathering, to administrative proceedings, to determination, to trial, and to refund relief. It provides a comprehensive yet accessible guide for practitioners representing taxpayers in innocent spouse proceedings.Since the 2014 edition, there have been important case law and administrative developments in the wake of Rev. Proc. 2013-34 as well as legislative changes to Section 6015 of the Internal Revenue Code. This edition incorporates updates in the Code, Tax Court and Circuit Court case law, and IRS practices, and alerts readers to important issues likely to be litigated over the coming years under the Taxpayer First Act of 2019.This edition also offers three new chapters and substantial revisions to others: “Meeting Your Client” provides expanded information and practical tips for successfully communicating a client’s full circumstances to the IRS, including translating state law terms and proving spousal abuse. The chapter on tax court jurisdiction has become “Judicial Fora,” expanding the book beyond the U.S. Tax Court and describing the possibilities for obtaining relief in other federal courts. A new chapter focused on community property states addresses the intersection of community property taxation and relief under I.R.C. § 6015, and also guides the practitioner through relief from community property taxation under I.R.C. § 66. Recognizing that an increasing number of states have adopted procedures for spousal relief from state tax liabilities, a new chapter summarizes relief available at the state level, to provide a starting point for practitioners. A chapter on collection alternatives rounds out the trio of new chapters and renders the book a more comprehensive resource.

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Table of Contents: Introduction and Overview CAFA in the Congress: The Eight-Year Struggle Whether to Use CAFA Legislative History Is this a Class Action? The Amount in Controversy Under CAFA: Have You Got What it Takes for Federal Court? Numerosity Basics of Minimal Diversity Under CAFA Navigating CAFA’s Exceptions How CAFA Expands Federal Jurisdiction to Include Certain Mass Actions Advanced Procedural and Strategic Considerations on Removal Under CAFA CAFA-Related Appeals CAFA Settlement Provisions

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Written using the very tools that are discussed, this updated edition of The Lawyer's Guide to Collaboration Tools and Technology is a comprehensive guide covering: Best practices for working from home The distinction between collaborating within vs. outside your firm Collaborating on documents online and off Practical ways to manage cases and transactions Simple collaboration tools to use with clients, colleagues, and others Commonly used collaboration platforms Developing a collaboration strategy for your firm Practical issues, tips, and techniques The future of collaboration in the practice of law

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Do you ever wonder if there's something you're missing in negotiating a lease, why one party insists on not altering a particular paragraph, or if you need to offer an acceptable compromise that would meet the needs of all parties in a lease? The Lease Manual: A Practical Guide to Negotiating Office, Retail, and Industrial Leases answers these questions and many more. This practical guide helps you effectively handle all stages of a commercial real estate lease transaction, from negotiation to preparation and execution of office, retail, and industrial leases. Because understanding the needs and concerns of all interested parties is the only way to facilitate and complete lease negotiations, The Lease Manual examines and explores the concerns, needs, and desires of landlords, tenants, lenders, and brokers by analyzing typical lease paragraphs from each point of view. The first three parts of the book provide description and analysis of typical lease paragraphs for: Office leases Retail leases Industrial/warehouse leases A numerical "Risk Rating" is given to each paragraph of the typical lease, along with a brief summary and description of the lease paragraph and its scope. This is followed by an analysis of the lease paragraph and a critical review of the landlord's, tenant's, and lender's perspectives, along with possible compromises and alternatives from each party's point of view. The Lease Manual also discusses some of the most negotiated yet least understood lease terms, such as "Net Rent," "Gross Rent," "Base Year Rent," "Expense Stop Rent," "Percentage Rent," "Full Service Rent," "Real Estate Taxes," "Subordination," "Nondisturbance," and "Attornment." A collection of commonly used forms that are ancillary to a lease transaction are included in the book's final section, including a Letter of Intent, Notice of Lease, Lease Commencement Date Agreement, Subordination, Nondisturbance and Attornment Agreement, and Tenant Estoppel Letter. This updated second edition of The Lease Manual: A Practical Guide to Negotiating Office, Retail, and Industrial/Warehouse Leases, now with lead author April F. Condon, offers a fourth perspective - that of the Broker, as well as many other additions, including: More alternatives, compromises, and analyses New lease negotiation strategies Updates related to Covid-19 issues Energy-efficient “green” building best practices Right of First Refusal and Right of First Offer alternatives to lease additional space in an office building Lease Alternatives to meet Telecommunication needs, including equipment installations that may be located exterior to the leased premises And more!

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In recent times there has been growing awareness about various heirs’ property problems, including massive, decades-long, involuntary land loss. Heirs’ Property and the Uniform Partition of Heirs Property Act: Challenges, Solutions, and Historic Reform should increase that awareness among lawyers, the general public, and policymakers. Just as importantly, the book offers many practical solutions for those seeking to address a variety of heirs’ property problems. The contributing authors possess deep expertise in working on a range of heirs’ property issues, including Thomas Mitchell, the lead co-editor and contributing author, who was awarded the MacArthur Genius Grant in large part for his heirs’ property work. These authors include academics, leaders of various nonprofit organizations that do important heirs’ property work, grassroot activists, and prominent attorneys in private practice. Includes: Discussion and analysis of the Uniform Partition of Heirs Property Act, which represents historic reform of partition law, the source of massive property loss that has robbed disadvantaged urban and rural families of billions of dollars of generational wealth. Proposals for changing state laws that deprive heirs’ property owners of important tax benefits. Detailed guidance on how families and their attorneys can use proactive planning to either avoid or resolve various heirs’ property issues. Discussions of how some community-based and community development organizations have not only been helping many families retain their heirs’ property, but also have been helping them to use their property in more valuable and sustainable ways, including to build wealth.

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Author Lawrence Uchill, a veteran real estate attorney, draws on his experience by providing a detailed analysis of key provisions contained in real estate mortgages and several other related mortgage loan documents. The book uses many provisions which were previously utilized in the Federal National Mortgage Association ("Fannie Mae") Deed of Trust form for multifamily housing, but it adds to those provisions and includes others that are also commonly used in commercial real estate loan transactions. The author’s analysis is based on provisions used for income-producing property, and the provisions relate to the "commercial" nature of the property, such as the treatment of property rents. The loan provisions discussed are intended to be relatively evenhanded and sometimes contain points that the borrower's counsel would want to seek on behalf of his/her client. In addition to discussion of the provisions, alternatives, and possible deficiencies for a borrower are enhanced by the author’s guidance on strategies to employ when negotiating these provisions. Organized around the provisions of a mortgage, this book also covers relevant provisions in other important loan documents such as the Note, Loan Agreement and Assignment of Leases and Rents. Each section of this book follows an easy-to-understand format, introducing a specific provision of a key loan document, followed by the verbatim text and then commentary on the provision. The commentary explains: What the applicable loan provision means What functions the provision serves Potential problems with the application or enforcement of the provision from a lender's or borrower's perspective Basic information about pitfalls to watch out for from a borrower’s counsel perspective, as well as suggestions to how to deal with the situation Providing a thorough analysis of the provisions in a real estate mortgage, the analysis and commentary for each provision is useful both for lawyers well-seasoned in commercial mortgage loan practice, as well as for attorneys new to real estate law.

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In addition to discussing the numerous ways, with many examples, lawyers can improve their service to their clients, the book presents other relevant topics about producing and using innovative legal service applications. That starts with why lawyers should evolve like almost all businesses that strive for better client service. It is just not a matter of obtaining more business. The “why” is also for reduced negligence claims and fewer client complaints (and less fear of them both happening.) Also, adding research and development of client service to a lawyer's job description will make their jobs more creative and enjoyable. The book explores the many elements of good legal client service and the processes of finding, creating, evaluating, and ensuring implementation of applications. Along the way, the book, sometimes with humor, has several lawyer war stories to make a point and the odd practice tip. The style of the book is casual and personal. The book is based on the author's 42 years of practicing law and his research and presentations over the years about creating innovative legal service applications. Some examples are client manuals for different practice areas, client enhanced content and forms for a firm’s website, slideshows for initial consultations shown on client monitors and better use of generic software. Though primarily directed at lawyers in solo, small firm, and general practice, the book would be of interest to lawyers of all degrees of experience, in all areas of practice, in all sizes of firms, and even lawyers not in private practice. All lawyers should want to serve clients better and enjoy their job more. Reviews and Endorsements: "This book is an essential addition to any lawyer's library. While the primary audience may be the lawyer setting out to build a clientele as a sole practitioner or in a smaller office setting, the insights into marketing, creating and sustaining client satisfaction will be valuable to any practising lawyer. It offers practical tips on interacting with clients. This book has a great writing style. The reader can easily find topics of interest. I founded a two-lawyer firm and built it to a 45-lawyer firm. If this book had been available, it would have been on the desk of every lawyer that we hired. This book is highly recommended." - Lynn Harnden, Ottawa labour and employment law lawyer “Great read! Whether you are starting out in private practice or you just made managing partner, Pascoe’s book delivers a fresh roadmap to what our clients desire: honest service, fair results and above all, to be not just a part of the process but a partner in it.” - Michael Cochrane, Toronto lawyer and author of Surviving Divorce (6th edition) “This book should be compulsory reading in every law school or Bar Admission program. With more and more newly minted lawyers hanging their own shingle upon their call to the Bar, the Applications developed by the author serve as a foundation for the development and practices of a great lawyer and law firm. As a commercial and insurance litigation lawyer with more than 25 years’ experience, I can attest to the transferability of most of the Applications from one area of practice to another, as the Applications are both adaptable and adoptable. Finally, the book provides the readers with what is tantamount to a “Get Out of Jail Free” card by introducing the lawyer to Applications that serve to reduce the risk of having a complaint brought against the lawyer by an unhappy client and having to defend oneself against a claim that may best have been avoided at the outset by the development of better solicitor-client communications skills derived from Pascoe’s book." - Norman Carroll, Ottawa Commercial and Insurance litigation lawyer "This book starts with the data around lawyers and law firms, and the author’s years of successful practice, and builds a helpful resource based on it. At practicePRO, LAWPRO’s claims prevention and risk management program, as the author notes, we have long recognized that in most areas of practice, mistakes and client management issues more frequently arise from how the services were delivered than the legal advice itself. This book recognizes these service-related risks. A key theme throughout is that we can enhance client service, which will not only reduce risk, but also enhance lawyer fulfillment. The book includes both effective practice management techniques such as developing intake procedures, client manuals and client questionnaires with tips to provide client moments to enhance the legal services experience. The author graciously provides the secret sauces he developed to help deliver excellent service to his clients; now he’s given other lawyers and law firms the recipes so they can serve up similar successes. It’s an easy read, packed with great resources." - Juda Strawczynski (He/His/Him), Director, practicePRO "If you’re an innovative lawyer – read this book. There are gold nuggets sprinkled throughout to help you be ahead of the crowd. Laurie Pascoe has decades of lawyering innovation and expert marketing behind him. It shows. He passes the knowledge along in this book. Practical “rubber hits the road” tips to guide you along your own path and even a chapter to support you to get them done. It’s a wonderful resource and I am honored to have had the experience of working (yes, on the other side of family law files) with him. I can attest that he “walks the talk” of innovation. I have picked his marketing brain for years, and am so happy to have this book." - Elizabeth Swarbrick, Family Focused Law – Almonte Ontario "I was worried this book would be out of my league, but to my surprise, I had a good time reading it. The author was highly relatable and dealt with practicable teachings. Readers could also apply his words and advice in business and daily living. For instance, the subtopic that addressed keeping scorecards and learning to manage time and energy was aptly resourceful for me. I also love how he softens the seriousness of this book with humour and war stories from his own experiences….. I commend the author for an intricately compiled work and a well-done job. In a nutshell, there is nothing I dislike about this book. It is also exceptionally edited and free from errors. For these reasons, I rate this book 5 out of 5 stars…. I highly recommend this book to lawyers and other readers curious about legal services applications. Sit back and buckle up; this book is all-inclusive, with an excellent appendix for further research." -OnlineBookClub.org (where a longer fuller review can be found)

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Buying and Selling Art and Collectibles: A Legal Guide is divided into six parts: Part One relates to buying and selling art or collectible items through retail galleries or shops, including getting good title, warranties of grade and authenticity, and buying for investment. Part Two relates to buying and selling at public auction, including contractual provisions in auction contracts and the mechanics of bidding at auction. Part Three relates to online purchases and sales, and how those differ from retail and traditional auction transactions. Part Four addresses certain types of art and collectibles that may be illegal to own or import into the U.S. Part Five covers resolution of disputes involving art and collectibles, from negotiating with dealers to suing in court. Part Six discusses the tax aspects of buying and selling art and collectibles, including sales and use tax, deductibility of insurance and other expenses, and other issues.

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Table of Contents: Introduction to Blockchain-Based Assets Blockchain-Based Assets as Securities CFTC Regulation of Blockchain-Based Assets Federal Taxation of Virtual Currencies Digital Assets as Payment and Money Transfer Systems Anti-Money Laundering for Digital Assets Sanctions Compliance for Cryptocurrency Transactions Selected Issues in Litigation

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Table of Contents: Why Take Litigation Online? Disruption and Innovation Views from the Bench Views from Counsel Table Views from the Witness Box Views from the Jury Box Meeting the Technical Challenges of Online Litigation Addressing the Legal Permissibility of Online Litigation Preserving the Representativeness of Jury Pools in Online Trials Online Client and Witness Meetings Taking and Defending Online Depositions Online Arguments to the Court Credibility and Communication in an Online Environment Implementing Technology for Remote Trials Managing Jurors in the Virtual Courtroom from Summons to Deliberation Online Jury Selection Online Testimony Online Use of Trial Exhibits and Demonstratives Instructions for Online Juries Socially Distanced and Online Jury Deliberations The Future of Online Litigation

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Enhancing Justice: Reducing Bias was written by an exceptional and diverse team of authors, all with expertise relevant to understanding and improving implicit biases. Judges, lawyers, social scientists, professors, and experienced trainers worked together to bring cutting-edge research and thinking to this effort. The result offers both perspective and practical advice from their disciplines and their collaboration. While not all the authors would agree on each possible approach, the focus is on best practices, as we know them today, which can enable courts to lessen the impact of implicit bias. The book seeks to help “break the bias habit” by increasing knowledge and awareness of implicit bias, improved understanding and practice of procedural fairness and of culturally competent communication across cultures, and a sustained commitment to mindfulness. If we are to ever eradicate the "color-line," that W. E. B. DuBois spoke of over 100 years ago, each of us must be mindful; each of us must cast a critical eye inward and examine our attitudes far more carefully than will be comfortable. Enhancing Justice: Reducing Bias provides an excellent starting point for explaining the need for this introspection as well as for developing strategies and mechanisms that will hopefully, one day, allow each of us to “stop discriminating” so that we can more honestly and intelligently move toward a judicial system that is truly based on impartiality and fairness and is recognized as such.

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This unique volume contains new research by the ABA Commission on Women in the Profession begun two years ago on grit and growth mindset, two traits that have been shown to impact the success of women lawyers. The original study focused on large law firms; the Commission’s expanded research covered all legal work environments: solo practice; small, medium, and large firms; corporations; government; and nonprofits.

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Many studies have been conducted over the years on the importance of visual perception and visual communication. The consistent takeaway is that using visuals makes a difference in how humans communicate. And then there’s the jury setting itself—it is like no other. And that matters, too. Appreciating how jury trials are fundamentally different from other communication settings is critical to the effective design of our trial visuals. At its core, Images with Impact: Design and Use of Winning Trial Visuals is about helping to win trials with effective visual images. Each chapter builds to give substantive ideas, design guidance, and practical and legal tips for improving jury visuals.

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Before you do invest in a patent, it pays to invest a little time, learn about the process, and how the patent system works. Reading this book will help you understand: 1) how to work the patent system to your advantage, and 2) how to work effectively with the patent attorney who will represent you. This book will not teach you all of the detailed rules about patents. Instead, it will give you a framework and an understanding of the resources you will need, so that you can begin to think like a patent lawyeror better yet, think like an entrepreneur who is "patent savvy."

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In direct examination, you are directing the witness, with the witness being permitted to answer in narrative form. In cross examination, you are leading the witness, with the goal of the witness giving a monosyllabic answer of "yes" or "no." Stated otherwise, direct examination builds, while cross examination leads. If performed correctly, in direct examination, you guide the witness; in cross examination, you control the witness. Because of this, the lawyer’s skill at cross examination is essential to persuade the judge of your position. Looking at cross examination as a communication and persuasion contest involving the lawyer, the witness, and the trier of fact, this logical, clearly presented book explains how effective cross examination skills can advance your cause while also weakening the position taken by the opposing side. Topics include: The commandments of cross examination When not to cross examine Principles of primacy and regency Modes of impeachment Types of cross examination Verbal and body language Adversarial parties as witnesses Collateral evidence rule The "I don't remember," "I don’t know" witness Closing the escape hatch Preparing your witness for the cross examination Dealing with objections Cross examining experts, and more

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This new fifth edition is a quick reference guide for anyone who deals with a bankruptcy case including judges, lawyers, paralegals, credit managers, collection agents, professors, law students, and others participating in bankruptcy cases or study. It has been updated to incorporate the latest and most relevant Code and Rule changes. The Checklist is organized by chapter of the Bankruptcy Code (i.e., 1, 3, 5, 7, 11, 13, and 15), and, within each chapter, by Code section, with additional sections covering those items typically needed upon the filing of a case, rules on adversary proceedings, appeals, and notices. Due to the minimal number of Chapter 9 and 12 cases filed, deadlines under those Chapters are not included. The Checklist is meant to be a list of all of the potential deadlines in a case; it certainly is not necessary (and indeed would be unlikely) to use each deadline in a particular case. To use the Checklist, simply look up the relevant Code section(s), which appear in numerical order and in the Index. Cross-references for applicable Rules are provided. Code sections or Rules in bold designate the primary section or Rule containing the relevant deadline. Each deadline in the Checklist has a corresponding space for the insertion of a due date, so that the user may calculate and maintain a master list of deadlines in each case if that is desired. The Checklist has been printed in an easily transportable size for ease of use at your desk, in court, at seminars, or in client meetings.

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At a time when the hottest issue in US immigration law is the proposed action by President Obama to protect from deportation as many as 5 million illegals in the United States, the 1972 John Lennon deportation case takes on special relevance today, notwithstanding the passage of forty years since he was placed in deportation proceedings. For the first time, noted New York immigration attorney Leon Wildes tells the incredible story of this landmark case - John Lennon vs. The U.S.A. - that set up a battle of wills between John Lennon, Yoko Ono, and President Richard Nixon. Although Wildes did not even know who John Lennon and Yoko Ono were when he was originally retained by them, he developed a close relationship with them both during the eventual five-year period while he represented them and thereafter. This is their incredible story.

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Franchising is experiencing explosive growth in the U.S. and abroad, triggering more legal transactions and queries about this multi-faceted area of law. Written specifically to help lawyers and non-lawyers brush up on franchise law, this respected publication - now in its fourth edition - is charged with useful definitions, practical tips, and expert advice from experienced franchise law practitioners. Covering the basics of franchise law in one, easy-to-read volume, this practical guide examines franchise law from a wide-range of experiences and viewpoints. Each chapter is written by two experienced practitioners and provides a well-rounded overview of franchise law. Key franchise law topics covered include: * Trademark law* Structuring the franchise relationship* Disclosure issues* Registration* Franchise relationship laws* Antitrust law* International franchising* Counseling franchisees In addition to covering the legal fundamentals, this resource also includes time-saving appendices on state franchise and business opportunity statutes; franchise relationship law citations and popular names; types of franchise relationship laws; statutory examples of good cause for termination; procedural requirements for termination and nonrenewal; and examples of other unlawful practices.

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A staggering 42 million Americansone in four adultsface the challenges of caring for an adult friend or relative. Although caregiving can be a richly rewarding and joyful experience, the role comes with enormous responsibilitiesand pressures. AARP's gentle guide provides practical resources and tips that are easy to find when you need them, whether you're caregiving day to day, planning for future needs, or in the middle of a crisis. Equally important, this book helps you care for the caregiveryoubefore, during, and after caregiving. Author Amy Goyer, an expert in aging and families, offers insight, inspiration, and poignant stories and experiences of caregivers, including her own as a live-in caregiver for her parents.

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Beginning and building a real estate law practice offers many advantages: the underlying law changes relatively slowly while offering a satisfying opportunity to develop a base of steady clients and professional relationships. Written by a veteran real estate law attorney, How to Build a Real Estate Law Practice offers useful and essential guidance, whether you are in your first years of practice and are just starting to focus on real estate as a legal practice, or if you've already started in the area. Author Dean Alterman shares pointers that you can incorporate into your daily practice as well as for your long-term business plan. Real estate law offers a broad range of specialties, some that lead to the courtroom and others more suited to a desk in an office. Whatever area of real estate law that you practice in, you'll find practice-focused advice that's tailored specifically to the needs of a real estate lawyer. Topics include:* How to define your practice* Law practice financials: banking and budgeting* Law practice management: setting up an office, from location to equipment and staff* Finding clients and networking* Engagement letters* How (and when) to turn down work* Setting and collecting fees for your work* Communicating with clients and how to best use boilerplate language and forms * Doing business with clients, from referrals to conflicts between them* Growing your practice - and the opposite, how to transition a practice and plan for retirement

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This book will provide family law practitioners with the knowledge and tools they need to analyze the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Parental Kidnapping Prevention Act (PKPA). Case law in many states is evolving and will continue to evolve for the foreseeable future. Many states have yet to address significant portions of the UCCJEA and PKPA. Some sections, such as most of Article 3, Enforcement, of the UCCJEA, have yet to be addressed in depth by any state supreme court.

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This new and insightful book, is based on a program that author Gary Friedman, along with colleague Jack Himmelstein (a law professor and lawyer) and Norman Fischer (a Buddhist monk) has been teaching for the last 6 years. It entails conflict professionals to consider self-reflection, challenging typical conventions of conflict professionals by replacing them with a full and deep commitment to bringing all of one's self to serve others. It directs the reader to pay attention to emotional clues - to understand and communicate them. Essentiallyacknowledging and using self-awareness. Working from the inside out. Whether you are a professional conflict resolver, litigator, mediator, or lawyerthis book is a must have resource to help increase clients' satisfaction.

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A divorce may be the most important business and personal transaction that someone will go through in their lifetime. Divorce: Protect Yourself, Your Kids, and Your Future is a user-friendly guide that offers a roadmap to the often confusing and complicated divorce process. In clear, plain English language, author Randy Kessler helps explain the process to laypersons or clients who are unfamiliar with what to expect throughout the course of a divorce case. At the same time, he clears up some of the most common concerns and misconceptions that people have when they begin the process of separation and divorce. This guide helps you be fully prepared at the beginning of this journey, offering an easy-to-understand guide to the overwhelming process of divorce. It explains, step-by-step, the entire process of divorce, including: * How to select an attorney * The right questions to ask in order to help get the necessary answers * Preparing for trial * Child custody and child support issues * Alimony and division of property * What mediation is and how it works * And much more Randy Kessler, a nationally known family lawyer who is often called upon by major television networks, newspapers, and magazines to explain and comment on family law cases in the news. This book is the result of more than twenty-five years of practical experience and reflects Randy's passion for explaining divorce in a straightforward manner.

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You'll find more than 200 unusual, bizarre, and absurd laws that seem too weird to be true, but are indeed true. The book begins with the laws of ancient Sumeria and Babylon, then moves on to the laws of the ancient Greeks and Romans, and also features some examples from medieval times. All the ancient laws discussed here are translations from languages other than English. As this book is for entertainment purposes, if you're looking for linguistic precision, you might want to adjust your monocle and head over to a more serious section of the bookstore, Señor Braniac. Most of the book is comprised of laws inflicted on the population of the United States. The book then concludes with a selection of modern(ish) laws from other countries, some of which have a legal system similar to that of the United States (the UK, Australia, New Zealand, etc.), some of which have a completely different tradition (Germany, China, Papua New Guinea), and some of which can barely be said to observe the rule of law" at all. Above all, all of the laws mentioned in this book are (or were) real. The author did research and everything, and has even provided citations in case you want to check his work.

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The Choreography of Resolution will revolutionize how mediators handle conflict resolution. Learning how neuroscience is proving what dancers have known for centuries - this book explores the links between the physical, mental, and psychological factors that affect conflict. Examining the autobiographical and practice experiences with diverse cultural, historical and social realities highlights both challenges and breakthroughs in this burgeoning area. Comprehensive in review, this ground-breaking book investigates: - the role of movement in conflict dynamics, - exposes the limitations of omitting the body from the understandings of conflict, - explores the ethical dimensions of embodied approaches - proposes key strategies for conflict intervention Come take the journey through the body as the authors examine how a closed body leads to a closed mind and how movement and dance can positively alter conflict resolution.

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Now completely revised and updated, this book is a self-help and career-management book for lawyers of all levels of experience. The book is a step-by-step method for imagining and realizing your path to personal and professional satisfaction. The book will: * give you a template for envisioning and managing your own professional development, whatever path you choose* help you to manage your career so that you can stay happy. If you are not sure what you think about your career * give you a framework for sorting things out and moving forward amidst ambiguity, and more! Brilliantly written, consistently practical, and filled with scores of illuminating exercises, including many new ones, The Creative Lawyer is the book that the profession has been waiting for. "Professional satisfaction," the author writes, "is a question of creating what you want, not just waiting for it to appear."

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This 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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A lawyer must understand the basics which underpin the role of practicing as a corporate lawyer. This essential resource will illuminate those underpinnings-to identify, develop, and discuss strategies for acclimating to this unique area of law, including: * Defining Your Role * Starting Your Job * The Legal Department * Areas of Practice * Risk Management and much, much more! This concise and rigorous primer provides a framework for a long-lasting career and client relationship. It's perfect for anyone practicing law as general counsel.

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This updated second edition of the bestselling Model Stock Purchase Agreement with Commentary is a must-have for any transactional lawyer. This model agreement is based on the hypothetical acquisition by a single corporate buyer of all of the capital stock of a privately-held U.S. company. It is designed as a buyer's reasonable first draft, and each provision of the agreement is immediately followed by commentary, which reflects the collaborative effort of leading experts in drafting and negotiating acquisition agreements. The commentary explains the purpose of each provision, and, when applicable, a brief discussion of the law relevant to that provision. It also highlights the provisions that are likely to be the subject of negotiation, and provides those areas that may prompt objections by the sellers, and the rationale for taking more aggressive, or more tempered, positions during the negotiations. In this edition, many provisions also include specific commentary focusing on the sellers' potential response. The drafters have also expanded the collection of rich exhibits, ancillary documents, and appendices that accompany the model agreement, and a CD-ROM with the text of the agreement comes bound with the Model Stock Purchase Agreement with Commentary. The Model Stock Purchase Agreement with Commentary, Second Edition is an invaluable resource to practitioners and students of the craft of structuring and documenting business transactions. Because the Model Stock Purchase Agreement has captured the many developments that have occurred in the deal world since 1995, the revised work will similarly enlighten practitioners around the world of best practices in the acquisition field. In addition to well-crafted contractual provisions, the second edition contains extensive commentary that explicates the purpose and meaning of the provisions, and often suggests alternative approaches that could be employed in negotiating particular facets of the deal. Not only for experienced M&A practitioners, the materials in this guide will benefit M&A deal lawyers who structure sophisticated, often international, transactions; lawyers who only occasionally engage in transactional practice and want to hone their skills; and law professors desiring a comprehensive vehicle for introducing law students to the subject of business transactions.

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The ABA Classics Series, authoritative, affordable, and beautifully designed editions of the world's greatest law books are perfect for any law library or office, or as a gift for anyone involved or interested in the law. Each book has a distinctive cover design stamped into an elegant leather-look cover and features thread-sewn pages for strength and durability. In addition, these editions include a matching permanent satin bookmark, elegant gilded page edges, and are printed on rich, long-lasting high quality acid-free paper for years of enjoyment--all at an extraordinary price. Finally, the typefaces have been all updated to make the text more readable than other editions of these classics. This volume of the ABA Classics Series is The Art of Cross-Examination. In the history of the law there have been many great treatises written by many great legal minds, but only a few have had the influence and staying power to truly be called the classics. The Art of Cross-Examination by famed nineteenth-century trial lawyer Francis L. Wellman is certainly one of these books. First published in 1903, this book is a compulsively readable theory of cross-examination, enriched with entertaining and enlightening examples drawn from Wellman's own practice, cross-examinations from other celebrated litigators, and those from the infamous cases of the day. This beautiful, collectible edition is perfect for any law library or office or as a gift for anyone involved or interested in the law. As Professor Michael E. Tigar says in his new foreword to the book, "Until I reread this book, I had not realized how much I had gained from studying Wellman's approach. I think you will find this book worthy of your time." An essential reference for lawyers, laymen and students alike, these extraordinary books are an elegant, high-quality addition to any home or office, and make the perfect gift. These books will provide a lifetime of enjoyment and a lasting legacy for future generations.

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Trial Notebook offers hundreds of techniques and tactics for every stage of a trial's progress in spare, lively, memorable prose. You get strategies grounded in actual courtroom experience that will improve the effectiveness of your advocacy.

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Michael E. Tigar has distilled 30 years of litigating and studying effective advocates into this valuable book which contains critical keys to persuading jurors and judges. Starting with a brief background on classical rhetoric and persuasion theories, the author takes you step-by-step through the process of building your case and refining your presentation. The book includes transcripts of celebrated jury and court arguments, including those of famed advocate Edward Bennett Williams. "Most lawyers have, at one time or another, read the elegant and persuasive words of Daniel Webster, Abraham Lincoln, Mark Twain, Clarence Darrow. Many have studied the arguments of other great advocates in the common law tradition. What marks their arguments? What makes them memorable?" Michael E. Tigar

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Now updated, this acclaimed resource is your complete guide to important national security law source material. This edition is now expanded, and for 2014 now includes: President Barack Obama's remarks on issues of national security and signals intelligence; Congressional Statements by key intelligence officials; New Cybersecurity for Critical Infrastructure Directive and Framework; New Privacy and Surveillance Reports and Guidelines, and more! Annually updated with feedback from leading national security law practitioners, this comprehensive collection of the laws, rules and regulations governing the United States Intelligence Community, and the carefully chosen context material is an invaluable resource for lawyers, academics, journalists and corporate officers alike.

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Many lawyers use Facebook(R), the world's most popular social networking platform, to communicate with friends and family across the globe. But lawyers are missing a major opportunity if they do not consider the business possibilities of their Facebook(R) accounts. With a few simple steps, lawyers can harness Facebook(R) to market their services, grow their practices, and expand their legal network--all by using the same methods they already use to communicate with friends and family. Facebook(R) in One Hour for Lawyers will show any attorney--from Facebook(R) novices to advanced users--how to use this powerful tool for both professional and personal purposes. In just one hour, you will learn to: *Set up a Facebook(R) account *Optimize privacy and other settings *Create a profile and manage your timeline *Find, organize, and manage friends *Use Facebook(R) search and navigation *Participate on Facebook(R) with updates, comments, likes, and timelines *Send messages, join groups, and subscribe to feeds *Establish a business page *Monitor your Facebook(R) network *Develop a Facebook(R) strategy to grow your legal network

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The Compendium presents models for ethical and professional conduct and standards for enforcing that conduct that have been developed by the American Bar Association. These models have been used as the foundation for most state regulations and as interpretive guidance for the courts in their resolution of professional responsibility issues. Despite the local variations in the way they have been adopted (occasionally significant), they serve to familiarize the reader with the philosophy of lawyer regulation and can be used to initiate review of substantive issues unfamiliar to the lawyer, student or scholar.In addition, the Compendium contains a selection of federal Rules and Standards that are commonly needed in the general practice of law, and in practice before the SEC and IRS, and that impact upon a number of ethical rules of conduct, such as the rules regarding competence and meritorious claims and contentions. Information on the composition, jurisdiction and procedures of the ABA Standing Committee on Ethics and Professional Responsibility is included to explain how ABA ethics rules are formulated and interpreted. The 2023 Edition includes newly released ethics opinions.This one volume includes: ABA Model Rules of Professional Conduct ABA Model Code of Professional Responsibility ABA Model Code of Judicial Conduct ABA Canons of Professional Ethics ABA Standards for Imposing Lawyer Sanctions ABA Model Rules Related to Multijurisdictional Practice ABA Model Rules for Client Protection (Selected) ABA Professionalism Codes and Creeds ABA Practice Guidelines, Federal Rules and Standards (Selected) ABA Formal Ethics Opinions (Selected)

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Don't put it off any longer! Get your life in order and make sure your family knows your plans and wishes with this simple step-by-step guide by a top expert in the field. This valuable resource walks you through the process of gathering in one place critical information about your finances, legal documents, online accounts, passwords, wishes about medical care, and more. Plus, it tells you what you need, what's missing, and where to get it. You’re never too young or too old to get organized and prepared,, so start now. While giving you peace of mind, this book is also a gift to your loved ones, sparing them stressful decisions should you become ill or die. Stay in control of your affairs with this updated edition of the award-winning book by AARP and the American Bar Association.

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This book represents the cutting edge of physician law. The publication emanates from the American Bar Association Health Law Section's 2023 Physicians Legal Issues Conference. The conference and Physician Law: Evolving Trends & Hot Topics have been produced in conjunction with the Chicago Medical Society and the American Medical Association, tailored to an audience including physicians, lawyers, healthcare administrators, and other healthcare business people. The book includes ten peer-reviewed chapters on core physician-centric legal topics: 1) Entrepreneurial Medicine (including fraud and abuse risk areas); 2) Physician-Hospital Contracting; 3) Medical Professional Liability; 4) Telemedicine; 5) HIPAA Compliance; 6) Accountable Care Organizations; 7) Doctors' Defense in Medical Staff Hearings and Appeals; 8) Physician Well-Being; 9) Medicare and Medicaid Contractors; and 10) Physician Employment Contracts from the Physician Perspective. Physicians will especially benefit from the content that addresses a broad range of non-clinical topics that are currently transforming American healthcare. The chapters target issues that are not typically covered in most medically orientd volumes but nonetheless are critically important in the practice of medicine. Physician Law: Evolving Trends & Hot Topics is an excellent reference for clinicians and professionals who want to stay abreast of current legal and regulatory issues impacting their practice.

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This book represents the cutting edge of physician law. The publication emanates from the American Bar Association Health Law Section’s 2022 Physicians Legal Issues Conference. The conference and Physician Law: Evolving Trends & Hot Topics have been produced in conjunction with the Chicago Medical Society and the American Medical Association, tailored to an audience including physicians, lawyers, healthcare administrators, and other healthcare business people. The book includes ten peer-reviewed chapters on core physician-centric legal topics: 1) Entrepreneurial Medicine (including fraud and abuse risk areas); 2) Physician-Hospital Contracting; 3) Medical Professional Liability; 4) Telemedicine; 5) HIPAA Compliance; 6) Accountable Care Organizations; 7) Doctors’ Defense in Medical Staff Hearings and Appeals; 8) Physician Well-Being; 9) Medicare and Medicaid Contractors; and 10) Physician Employment Contracts from the Physician Perspective. Physicians will especially benefit from the content that addresses a broad range of non-clinical topics that are currently transforming American healthcare. The chapters target issues that are not typically covered in most medically oriented volumes but nonetheless are critically important in the practice of medicine. Physician Law: Evolving Trends & Hot Topics is an excellent reference for clinicians and professionals who want to stay abreast of current legal and regulatory issues impacting their practice.

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Grand Award Winner for Print Media in the APEX 2015 Competition! "An exceptional book...the content is first rate. Extremely well researched and well organized, each topic is well written, and carefully presented in as inviting a way as such a topic can be. If anything has been overlooked in this thorough book, we can't think what it might be. If you're planning on passing away, do your family a favor and get this book. :-)"-APEX 2015 Judges Commentary A practical resource for dealing with family matters upon death, this first-of-its-kind publication from the American Bar Association and AARP-the nation's leading associations in the law and the advancement of issues that matter most to people 50+ and their families-helps answer the myriad of questions surrounding what needs to be done following a loved one's passing. This must-have book guides you through the steps to wrap up the personal and financial affairs of the loved one who died. Although the ABA/AARP Checklist for Family Survivors: A Guide to Practical and Legal Matters When Someone You Love Dies does not provide legal advice, it does include legal reasons, implications and complications that cover a variety of questions loved ones face upon death. In each chapter, you'll find convenient checklists to help guide you through the difficult time.

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The Inside Revolution: Resolving the Partner-Guardian Tension, provides a thoughtful and thought provoking analysis of the role General Counsels, and lawyers more generally, can and should play in business and society.In the past 25 years, there has been a revolution in the legal profession. General Counsel and other inside lawyers have risen in quality, responsibility, power and status. Once second-class citizens in corporations and the legal profession, they have become core members of top corporate management, equaling in importance the Chief Financial Officer and the finance function. They have dramatically shifted power from law firms to corporate law departments, assuming strategic direction over legal matters and exercising far greater control over law firm billing and economics.Ben W. Heineman, Jr. has led that revolution in his nearly 20 years as the top lawyer at GE and then in teaching and writing as a Distinguished Senior Fellow at Harvard Law School’s Program on the Legal Profession and lecturer at Yale Law School. In this analytic and prescriptive book, he describes the essence of that transformation and the modern role of inside counsel: the key functions, relationships, issues, problems and dilemmas. Moreover, he argues for the role of inside counsel as lawyer-statesman, motivated not just by the desire for income but by broader values of integrity and corporate citizenship.In this analytic and prescriptive book, he describes the essence of that transformation and the modern role of inside counsel in helping attain the corporate mission of high performance with high integrity: the key functions, relationships, issues, problems and dilemmas. He argues for the role of inside counsel as lawyer-statesman and as a partner of the CEO but also guardian of the corporation, motivated not just by the desire for income but by broader values of integrity and corporate citizenship. The Inside Counsel Revolution is a succinct, concrete yet visionary statement of first principles from a highly regarded founder of the in-house revolution that fundamentally changed the legal profession and reframed the lawyer-statesman role in this era to serve the performance, integrity and risk goals of global capitalism.Published by the American Bar Association in April 2016.

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