Professional Judgment for Lawyers


Book Description

Written by the leading authority on legal decision making, Professional Judgment for Lawyers integrates empirical legal research, cognitive and social psychology, organizational behavior, legal ethics, and neuroscience to understand and improve decision making by attorneys, clients, judges, arbitrators, mediators, and juries.




Problem Solving, Decision Making, and Professional Judgment


Book Description

In Problem Solving, Decision Making, and Professional Judgment, Paul Brest and Linda Hamilton Krieger have written a systematic guide to creative problem solving that prepares students to exercise effective judgment and decision making skills in the complex social environments in which they will work. The book represents a major milestone in the education of lawyers and policymakers, Developed by two leaders in the field, this first book of its type includes material drawn from statistics, decision science, social and cognitive psychology, the "judgment and decision making" (JDM) literature, and behavioral economics. It combines quantitative approaches to empirical analysis and decision making (statistics and decision science) with the psychological literature illustrating the systematic errors of the intuitive decision maker. The book can stand alone as a text or serve as a supplement to a core law or public policy curriculum. Problem Solving, Decision Making, and Professional Judgment: A Guide for Lawyers and Policymakers prepares students and professionals to be creative problem solvers, wise counselors, and effective decision makers. The authors' ultimate goals are to help readers "get it right" in their roles as professionals and citizens, and to arm them against common sources of judgment error.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Professional Judgment on Appeal


Book Description

Professional Judgment on Appeal starts with the simple fact that the overwhelming majority of appeals, both civil and criminal, fail. Looking at this poor track record, the book focuses on the need for lawyers to sift the winning appeals from the losing appeals and advise clients accordingly. With a thematically tight focus on the tools of professional case evaluation, Wisotsky helps the lawyer to answer the ultimate question in every case: can this appeal succeed and on what grounds? This book is designed to aid all members of the legal profession: lawyers, judges, students, and professors. It builds upon the basics taught in law school, but goes far beyond to fill notable gaps in the knowledge of most attorneys. The second edition updates the first edition from 2002 with current rules, statutes and cases. It also adds new chapters on Extraordinary Writs and Ethical Dimensions of Appellate Practice. "With a thematically tight focus on the tools of professional case evaluation, Wisotsky helps the lawyer to answer the ultimate question in every case: can this appeal succeed and on what grounds? This book is designed to aid all members of the legal profession: lawyers, judges, students, and professors. It builds upon the basics taught in law school, but goes far beyond to fill notable gaps in the knowledge of most attorneys." -- The Law and Politics Book Review




THE PRACTICE OF JUSTICE


Book Description

William Simon, a legal theorist with experience in practice, here argues that the profession's standard approach to questions of legal ethics is incoherent and implausible, insisting the critical weakness is the style of judgment.




How Leading Lawyers Think


Book Description

In this book, 78 leading attorneys in California and New York describe how they evaluate, negotiate and resolve litigation cases. Selected for their demonstrated skill in predicting trial outcomes and knowing when cases should be settled or taken to trial, these attorneys identify the key factors in case evaluation and share successful strategies in pre-trial discovery, negotiation, mediation, and trials. Integrating law and psychology, the book shows how skilled attorneys mentally frame cases, understand jurors’ perspectives, develop persuasive themes and arguments and achieve exceptional results for clients.




Professional Judgment


Book Description

Recent debate in both Europe and North America has focussed on how clinicians make judgments and decisions, how these may be evaluated and how they could be improved. This volume provides students, teachers and practitioners with a comprehensive introduction to the main descriptive and prescriptive approaches to judgment and decision making in clinical medicine. The contributors, who include psychologists, economists, decision theorists, statisticians, lawyers and sociologists, as well as medical specialists, provide examples of recent empirical research and its applications, as well as outlining the relevant concepts and theories. Policy-capturing models, data-based aids, expert ('knowledg-based') systems and decision analysis are the main techniques introduced, with attention to both their methodological bases and practical evaluation. Also included in the collection are a series of papers which consider the economic, ethical and legal contexts of clinical activity and the education and wider socialization of clinicians. Issues surrounding the 'cost-effective' use of resources, the obtaining of 'informed consent' from patients and ethical behaviour under uncertainty are highlighted.




Judgment Reversed


Book Description

In spite of the hard work and commitment that law school demands, many law graduates and practicing attorneys find that they don't want to practice law. Jeffrey Strausser has written this book to help those individuals explore other career choices where they can still utilize their legal training. Journalism and editorial work, education, marketing, public relations, and finance are just a few of the many fields lawyers can pursue.




Connecting Ethics and Practice


Book Description

In Connecting Ethics and Practice: A Lawyer's Guide to Professional Responsibility, Third Edition, the author explains the legal, professional, and ethical constraints that regulate attorneys while keeping the modern law professor and student in mind. Contemporary cases and articles are used to provide for an easier understanding of the Model Rules and Judicial Cannons, which assists in preparing for law school exams and the MPRE. The author employs a user-friendly coursebook format organized in a logical manner while achieving a realistic and manageable length. Mind maps are provided with every chapter to help students visualize and remember selected rules, and discussion questions are used to allow the students to fully comprehend and digest the reading, while also demonstrating real-life struggles most lawyer face at some point in their careers. Based on the unique format, students systematically cover all important aspects of the legal journey from law school to the legal profession. New to the Third Edition: Revised chapters contain contemporary cases, discussions, and studies Updated Model Rule 7 (Advertising) Scholarship throughout the book (in Chs. 1, 4, 10, 12, and 14) has been updated to include more recent and engaging articles New cases: Ch. 7: Federico v. Lincoln Military Hous., LLC Ch. 10: In re Discipline of Hale Ch. 11: People v. Maynard Ch. 12: Bennett v. Hill-Boren, P.C. Benefits for instructors and students: The easy-to-follow logical sequence of all relevant rules are clearly articulated at the beginning of the book and then reiterated accordingly in every chapter The structured material is well-suited for a new or experienced professor Chapters are based on quality readings as opposed to quantity Engaging, realistic examples exhibit how each Rule relates to practice Simple, consistent organization of each chapter offers a clear and logical layout, allowing for ease of use and teaching throughout Chapter introductions begin with concise explanations of the applicable Rules to be discussed Readings are controversial, contemporary, and thought-provoking Flexible organization allows for the material to be adapted to meet the individual needs of each class; professors can use as much or as little guidance as needed, and the material can be adjusted for a 2- or 3-credit course Discussion questions at the end of each reading, as well as at the end of each chapter, encourage colorful and lively dialogue and participation (which can be used in detail if time permits, or just used for student understanding of the material for class preparation) Table of Model Rules with applicable page numbers provide easy reference




Professional Responsibility


Book Description

Known for helping students develop the ability to make sound judgments, the concise Professional Responsibility: Problems of Practice and the Profession, Fifth Edition, is adaptable to a host of teaching styles. Scores of realistic problems and hallmark hypothetical problems call on students to develop a cogent philosophy of lawyering as they master basic concepts and prepare for the MPRE. Modular, flexible organization allows professors to adapt the material to a variety of courses and clinical programs. An extensive Teachers Manual is full of suggested lesson plans, questions and answers, role-playing models, and sample syllabi for two- and three-hour classes. The Fifth Edition presents a major reorganization of the problem-based classic to accommodate a doctrinal approach, while preserving its unique emphasis on particular areas of practice. Comprehensive treatment of technology shows its effect on every aspect of the law. In keeping with the casebook's focused, concise quality, fewer, more selective cases of particular importance for the upper-level problem course are featured. As well as updating problems and discussion throughout the text, multiple choice questions (moved to the website for the course to facilitate addition and rotation of problems) now reflect the new format of the MPRE. Through the many problems that require keen professional judgment, Professor Crystal emphasizes more than ever the need for students to develop a philosophy of lawyering. Hallmark features of Professional Responsibility: Problems of Practice and the Profession: Hypothetical problems that develop students' ability to make sound judgments Emphasis on guiding students to articulate a cogent philosophy of lawyering Innovative, flexible organization suited to a variety of courses and clinical programs -Organized by major doctrinal concepts, such as confidentiality and conflicts of interest -Offers alternative organization by area of practice -Modular organization for professor choice Multiple choice questions (located on the course website to facilitate addition and rotation of problems) to prepare students for the MPRE New to the updated Fifth Edition: A major reorganization to accommodate a doctrinal approach, yet preserve the unique emphasis on particular areas of practice Sweeping coverage of technology's effect on the practice of law Fewer, more selective cases of particular importance to the upper-level problem course More precise focus on Professor Crystal's insistence that lawyers develop a philosophy of lawyering