Lawyers in Practice


Book Description

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.




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.




The Lawyer's Practice


Book Description

This innovative case file provides materials for students to work in the role of attorney as they learn and master the primary skills needed for legal practice. The file is equally suitable for first-year legal practice/legal writing classes or upper-level simulation courses focused on interviewing, counseling, negotiation or pre-trial litigation. Student-attorneys represent clients on both sides of a lawsuit through a realistic and carefully-sequenced series of exercises that track the stages of pre-trial work while encouraging mastery of many basic skills of legal practice: research, formal and informal legal writing, interviewing and counseling clients, fact development, discovery, motion practice, negotiation and drafting. Every chapter of the case file is scaffolded on students' earlier work and critical reflection, permitting students to develop a confident sense of professional identity as they see the results of their efforts play out as the case develops. Chapters feature lively commentary giving an overview of the assigned task and contextualizing it within the goals for the case. The materials are accompanied by a comprehensive Teacher's Manual that includes suggestions for teaching and using the case file, detailed instructions for clients, and additional documents available only to counsel for each side. 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.




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.




What Lawyers Do


Book Description

This book explores the structure and regulation of the contemporary American legal profession. It introduces students to the rich empirical literature on the profession, teaching them about the profession's overall composition and organization as well as huge variation in the practice settings, types of work, and daily experiences of American lawyers and their clients. It describes powerful economic and cultural forces that are reshaping the legal profession, and it presents the most recent scholarship and commentary on new challenges for the legal profession posed by technology, litigation finance, globalization, access to justice, diversity, and changes to legal education. Suitable for seminars or courses on professional identity and the sociology of the legal profession, the book invites students to reflect on their place in the profession and how they will navigate the turbulent landscape to chart successful, rewarding and responsible careers in almost any type of practice today's law graduates might enter. This book presents materials and questions drawn from recent events highlighting professional ethics issues currently in the news, but it could supplement rather than replace materials on the law of professional responsibility. The book provides sufficient explanation of basic legal concepts and the operation of the legal system to make it suitable for advanced undergraduate or graduate courses, as well as first-year law students, but it also works very well for second and third year courses.




The Practice


Book Description

Have you considered what type of lawyer you want to be? What is the most effective way to market yourself in an industry where lawyers increasingly over-rely on social media to prove their relevance? Tannebaum discusses the proper way to handle referrals, personal branding, and other subjects that will help you become a better, and more informed lawyer.




Lawyers as Peacemakers


Book Description

Lawyers as Peacemakers can teach lawyers new ways of finding satisfaction in thier practice and providing comprehensive, solution-focused services to clients; sometimes it's not about winning, it's about finding the best possible answer for everyone involved. These practices focus on a more holistic, humanistic, solution-based approach to resolving legal problems, an approach that many clients want and need.




Lawyers' Ideals/lawyers' Practices


Book Description

"This collection of articles is an effort to create a greater understanding of the empirical issues that lie behind the debate over whether in the practice of law the ideals of professionalism have been replaced by the demands of commercialism. This book is the most systematic attempt so far to examine what professionalism means in the various arenas of legal practice in the United States. It also seeks to advance the theoretical interpretations that lie at the heart of the scholarship on professionalism and establish a framework for analyzing the issues that is more grounded than previous idealist accounts, yet retains some of the ideas of contingency and changeability that structualist accounts have ignored"--Preface.




A Civility-based Model for New Lawyers


Book Description

While new law school graduates are pretty well versed in black letter law, they often lack the interpersonal and psychological skills that are imperative to a successful legal career. This book challenges the new lawyer to view themselves through the lens of their colleagues and clients and also to be aware of the basic behavioral norms that are the basis of a successful practice.




The Art of Practicing Law


Book Description

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.