The Practice and Process of Law


Book Description

"Most everything we do as attorneys can be reduced to a checklist-a series of steps that if followed will allow you to achieve a given legal task-interview a client, prepare a pleading, or defend a deposition. To ensure we dot all our i's and cross all our t's, we as lawyers should take the time to list all the tasks we do and reduce each of those tasks to a series of steps that if followed will accomplish those tasks effectively and efficiently. Here you will find all my checklists, every last one, that I rely upon when representing my clients. I hope you find them helpful and that you take the time to modify them (and add to them) as you find necessary for your unique practice"--




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.




Administrative Law


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Regulatory Law and Practice in Canada


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Defamation


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Law and Social Work Practice


Book Description

This completely rewritten and updated new edition of a practical text continues to provide a firm introduction to law and legal processes and their relation to social work practice. Using Clinton's welfare reform act of 1996, Albert provides a conceptual framework to illustrate how socio-legal problems emerge in the welfare state, and presents the skills base necessary for effective social work response. A new section on socio-legal issues highlights many fields where social worker-lawyer partnerships can occur, such as civil rights and advocacy, the death penalty, liability for neglect in nursing homes, informed consent and medical treatment, and much more. Filled with techniques for reading and understanding judicial opinion, legislative statues, and bills, this new edition will appeal to all professors of law and social work courses, as well as courses on the welfare state.




Constructing Basic Liberties


Book Description

A strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.







Criminal Procedure


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Your Brain and Law School


Book Description

Based on the latest research, this entertaining, practical guide offers law students a formula for success in school, on the bar exam, and as a practicing attorney. Mastering the law, either as a law student or in practice, becomes much easier if one has a working knowledge of the brain's basic habits. Before you can learn to think like a lawyer, you have to have some idea about how the brain thinks. The first part of this book translates the technical research, explaining learning strategies that work for the brain in law school specifically, and calling out other tactics that are useless (though often popular lures for the misinformed). This book is unique in explaining the science behind the advice and will save you from pursuing tempting shortcuts that will take you in the wrong direction. The second part explores the brain's decision-making processes and cognitive biases. These biases affect the ability to persuade, a necessary skill of the successful lawyer. The book talks about the art and science of framing, the seductive lure of the confirmation and egocentric biases, and the egocentricity of the availability bias. This book uses easily recognizable examples from both law and life to illustrate the potential of these biases to draw humans to mistaken judgments. Understanding these biases is critical to becoming a successful attorney and gaining proficiency in fashioning arguments that appeal to the sometimes quirky processing of the human brain. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific. Your Brain and Law School was a finalist in the Best Published Self-Help and Psychology category of the 2015 San Diego Book Awards