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Lawyers In Practice

Author: Leslie C. Levin
Publisher: University of Chicago Press
ISBN: 0226475174
Size: 40.82 MB
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How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.

Divorce Lawyers At Work

Author: Lynn Mather
Publisher: Oxford University Press
ISBN: 9780195349269
Size: 27.64 MB
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How do lawyers think about and make the important decisions that constitute the day-to-day practice of law? This book explores that question through an extensive empirical study of lawyers practicing divorce law in New England. The authors emphasize the importance of "collegial control" in shaping lawyers' decisions and identify a variety of "communities of practice" that serve as key agents of that control. Offering a new understanding of the nature of lawyers' work in divorce law as well as a new perspective on legal professionalism, this book is required reading for scholars, students, and practitioners.

Gender In Practice

Author: John Hagan
Publisher: Oxford University Press
ISBN: 9780195357721
Size: 70.58 MB
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In the last thirty years, the number of lawyers in the United States and Canada has more than tripled, and today as many women as men are entering legal practice. The sudden, dramatic increase of women in the profession would seem to signify a new era of equality in the legal profession. However, stereotypes about women's abilities to balance responsibilities at work and home hamper their upward mobility in this male-dominated field. Battling sexual discrimination, women in law grapple with long-held assumptions about parenting, inferring that women eventually abandon their careers in order to take care of home and children. A large percentage of women leave the profession dissatisfied and distressed or seek part-time solutions, and those women who do stay in practice often find there is a ceiling on their status and monetary compensation. Gender in Practice demonstrates and explains how the structure of legal practice has changed in recent decades, often to the disadvantage of women. The issues addressed here, such as conflicts between careers and family, departures from practice, and barriers to women's promotions and earnings are of great importance to members of the profession. Looking at the careers of both men and women and using information culled from two surveys that include nearly two thousand lawyers, this revealing book traces occupational and personal experiences and analyzes these patterns in terms of work and gender. The findings are linked to practical proposals for change, some of which have already found a place in the profession. A major contribution to discussions of sexual equality in the legal workplace, Gender in Practice offers detailed insights into the current and future status of women in the law. Lawyers, law professors, and anyone concerned with gender inequality and equal rights will find this to be an interesting and informative work.

The Practice

Author: Brian Tannebaum
Publisher: Amer Bar Assn
ISBN: 9781627220019
Size: 10.38 MB
Format: PDF, Kindle
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The Practice delivers brutal truths about lawyers and lawyering in Brian Tannebaum s snarky, but honest, style. Whether you agree with him or not, you can t deny his opinions are provocative and provide plenty of food for thought, and maybe a laugh or two along the way. This compelling book is an assortment of posts from two of the most acclaimed law blogs for which author Brian Tannebaum has written."

The Art Of Practicing Law

Author: John Allison
Publisher:
ISBN: 9781544028699
Size: 15.78 MB
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This book is written for lawyers who want to master the art of practicing law, whether they are in private practice, in government agency practice, or working in-house for a business corporation or a non-profit organization. The book fills the gap between the critical skills taught in traditional law school courses and the additional skills and attributes that are needed to be highly effective as a lawyer. Law students reading this book will gain helpful insights about the practice of law as they decide where they want to practice. Practical guidance is provided on a number of topics, including these: building trust in professional relationships; communicating effectively with clients, colleagues and other people; dealing with difficult people; developing leadership skills; creating and maintaining solid relationships with clients; representing clients well; effective advocacy; the art of negotiation; using case themes and storytelling in civil lawsuits; taking effective depositions; working with expert witnesses; making the most of mediation as an alternative to litigation; handling ethical challenges; representing clients wholeheartedly without compromising personal morality or integrity; and maintaining personal well-being. The author is a successful lawyer with extensive experience, both as a law firm partner in private practice and as Assistant General Counsel in the legal department of a Fortune 100 company.

The Good Lawyer

Author: Douglas O. Linder
Publisher: Oxford University Press
ISBN: 0199360251
Size: 11.85 MB
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Every lawyer wants to be a good lawyer. They want to do right by their clients, contribute to the professional community, become good colleagues, interact effectively with people of all persuasions, and choose the right cases. All of these skills and behaviors are important, but they spring from hard-to-identify foundational qualities necessary for good lawyering. After focusing for three years on getting high grades and sharpening analytical skills, far too many lawyers leave law school without a real sense of what it takes to be a good lawyer. In The Good Lawyer, Douglas O. Linder and Nancy Levit combine evidence from the latest social science research with numerous engaging accounts of top-notch attorneys at work to explain just what makes a good lawyer. They outline and analyze several crucial qualities: courage, empathy, integrity, diligence, realism, a strong sense of justice, clarity of purpose, and an ability to transcend emotionalism. Many qualities require apportionment in the right measure, and achieving the right balance is difficult. Lawyers need to know when to empathize and also when to detach; courage without an appreciation of consequences becomes recklessness; working too hard leads to exhaustion and mistakes. And what do you do in tricky situations, where the urge to deceive is high? How can you maintain focus through a mind-taxing (or mind-numbing) project? Every lawyer faces these problems at some point, but if properly recognized and approached, they can be overcome. It's not easy being good, but this engaging guide will serve as a handbook for any lawyer trying not only to figure out how to become a better--and, almost always, more fulfilled--lawyer.

Storytelling For Lawyers

Author: Philip Meyer
Publisher: Oxford University Press
ISBN: 0199910618
Size: 62.38 MB
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Good lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrative foundations of litigation practice and then applies it to a range of practical illustrative examples: briefs, judicial opinions and oral arguments. Intended for legal practitioners, teachers, law students, and even interdisciplinary academics, the book offers a basic yet comprehensive explanation of the central role of narrative in litigation. The book also offers a narrative tool kit that supplements the analytical skills traditionally emphasized in law school as well as practical tips for practicing attorneys that will help them craft their own legal stories.

Ethics In Practice

Author: Deborah L. Rhode
Publisher: Oxford University Press
ISBN: 9780195347166
Size: 68.86 MB
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Lawyers' ethics have been condemned for centuries, but they received little scholarly scrutiny until the last few decades. Ethics in Practice brings together leading experts in the emerging field of legal ethics to discuss the central dilemmas of practicing law. This collection cuts across conventional disciplinary boundaries to address the roles, responsibilities, and regulation of contemporary lawyers. Contributors address common concerns from diverse perspectives, including philosophy, psychology, economics, political science, and organizational behavior. Topics include the nature of professions, the structure of practice, the constraints of an adversarial system, the attorney-client relationship, the practical value of moral theory, the role of race and gender, and the public service responsibilities of lawyers and law students. Unique in both its breadth and its depth, this book redefines debates that are of enduring significance for both the profession and the public.

Tomorrow S Lawyers

Author: Richard Susskind
Publisher: Oxford University Press, USA
ISBN: 9780198796633
Size: 22.75 MB
Format: PDF
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Tomorrow's Lawyers predicts that we are at the beginning of a period of fundamental transformation in law: a time in which we will see greater change than we have seen in the past two centuries. Where the future of the legal service will be a world of internet-based global businesses, online document production, commoditized service, legal process outsourcing, and web based simulation practice. Legal markets will be liberalized, with new jobs for lawyers and new employers too. This book is a definitive guide to this future - for young and aspiring lawyers, and for all who want to modernize our legal and justice systems. It introduces the new legal landscape and offers practical guidance for those who intend to build careers and businesses in law. Tomorrow's Lawyers is divided into three parts. The first is an updated restatement of Richard Susskind's views on the future of legal services, as laid out in his previous bestselling works, The Future of Law , Transforming the Law, and The End of Lawyers? . He identifies key drivers of change, such as the economic downturn, and considers how these will impact on the legal marketplace. In the second part, Susskind sketches out the new legal landscape as he predicts it, including the changing role of law firms, and in-house lawyers, with virtual hearings and online dispute resolution. The third part focuses on the prospects for aspiring lawyers, predicting what new jobs and new employers there will be, and equipping prospective lawyers with penetrating questions to put to their current and future employers. This new edition has been fully updated to include an introduction to online dispute resolution, Susskind's views on the debates surrounding artificial intelligence and its role in the legal world, a new analysis of new jobs available for lawyers, and a retrospective evaluation of The Future of Law , Susskind's prediction published in 1996 about the future of legal services. This is the essential introduction to the future of law for those who want to succeed in the rapidly changing legal landscape.

The New Lawyer

Author: Julie MacFarlane
Publisher: UBC Press
ISBN: 9780774858199
Size: 16.43 MB
Format: PDF
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Today's justice system and the legal profession have rendered the "lawyer-warrior" notion outdated, shifting toward conflict resolution rather than protracted litigation. The new lawyer's skills go beyond court battles to encompass negotiation, mediation, collaborative practice, and restorative justice. In The New Lawyer, Julie Macfarlane explores the evolving role of practitioners, articulating legal and ethical complexities in a variety of contexts. The result is a thought-provoking exploration of the increasing impact of alternative strategies on the lawyer-client relationship, as well as on the legal system itself.