How Leading Lawyers Think

Expert Insights Into Judgment and Advocacy

Author: Randall Kiser

Publisher: Springer Science & Business Media

ISBN: 9783642204845

Category: Law

Page: 281

View: 8528

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.
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Beyond Right and Wrong

The Power of Effective Decision Making for Attorneys and Clients

Author: Randall Kiser

Publisher: Springer Science & Business Media

ISBN: 9783642038143

Category: Law

Page: 444

View: 8041

Let us endeavor to see things as they are, and then enquire whether we ought to complain. Whether to see life as it is, will give us much consolation, I know not; but the consolation which is drawn from truth if any there be, is solid and durable: that which may be derived from errour, must be, like its original, fallacious and fugitive. Samuel Johnson, Letter to Bennet Langton (1758) Attorneys and clients make hundreds of decisions in every litigation case. From initially deciding which attorney to retain to deciding which witnesses to call at trial, from deciding whether to ?le a complaint to deciding whether to appeal a verdict, attorneys and clients make multiple, critical decisions about strategies, costs, arguments, valuations, evidence and negotiations. Once made, these de- sions are scrutinized by an opponent intent on exploiting the consequences of any mistake. In this intense and adversarial arena, decision-making errors often are transparent, irreversible and dispositive, wielding the power to bankrupt clients and dissolve law ?rms. Although attorneys and clients may regard sound decision making as incidental to effective lawyering, sound decision making actually is the essence of effective lawyering. An attorney’s knowledge, intelligence and experience are inert re- urces until the attorney decides how to deploy those skills to serve the client’s interests. Those decisions, in turn, largely determine a case’s course and outcome.
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Soft Skills for the Effective Lawyer

Author: Randall Kiser

Publisher: Cambridge University Press

ISBN: 1108416446

Category: Law

Page: N.A

View: 7476

This book presents a multi-disciplinary, practice-based introduction to the major soft skills for lawyers: self-awareness, self-development, social proficiency, wisdom, leadership, and professionalism.
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Resolving Disputes

Theory, Practice, and Law

Author: Jay Folberg,Dwight Golann,Thomas J. Stipanowich,Lisa A. Kloppenberg

Publisher: Wolters Kluwer Law & Business

ISBN: 1454877294

Category: Law

Page: 912

View: 5795

Resolving Disputes: Theory, Practice, and Law, Third Edition, features a logical four-part organization that covers negotiation, mediation, arbitration, and hybrid approaches, which prepares law students to represent clients in all forms of alternative dispute resolution. Drawing on the authors decades of experience as teachers, neutrals, and ADR trainers, this casebook provides vivid examples presented from headline cases, literature, and the authors files. In addition, it offers excerpts from other leading authors so that diverse ideas are juxtaposed on major issues. The text integrates coverage of law, ethics, and practice and interesting notes, thoughtful problems and provocative questions throughout the text illustrate the role of the attorney, the perspective of the client and practical challenges. Key Features: Retains the same popular format as previous editions while incorporating user recommendations. Updated and new excerpts from leading experts presenting different views on challenging topics. Fresh notes and examples from actual cases. Additional coverage on causes of conflict, heuristics, the role of emotions, and decision science. A single chapter now contrasts commercial, no-caucus and transformative mediation techniques. Completely revised arbitration section, features interesting new material and engaging exercises. Presents practical information on drafting arbitration agreements, selecting arbitrators, and procedures. Recent legislative and judicial developments in arbitration law, award enforcement, and fairness issues. New treatment of hybrid ADR and dispute systems design. The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.
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Lawyer Negotiation

Theory, Practice, and Law

Author: Jay Folberg,Dwight Golann

Publisher: Wolters Kluwer Law & Business

ISBN: 1454876018

Category: Law

Page: 408

View: 1132

Designed to prepare law students to negotiate knowledgeably and successfully as lawyers representing clients, Lawyer Negotiation: Theory, Practice, and Law, Third Edition, features an integrated approach that combines theory, skills, negotiation strategy, ethics, and law. A very readable, interesting, and lively text for any law school Negotiation course, this book reflects the authors' experience as negotiators, mediators, ADR teachers, and trainers. Interesting notes, thoughtful problems and provocative questions throughout the text raise practical negotiation challenges and policy issues. Excerpts from other leading authors are included, allowing for diverse ideas to be presented on negotiation techniques, and eliminating the need for supplemental material. In addition, examples are included from cases, literature, and the authors' files. Key Features: Retains the same popular format as previous editions while incorporating user recommendations. Updated and new excerpts from leading experts presenting different views on practice challenges. Fresh notes and examples. Additional coverage on causes of conflict, heuristics, the role of emotions, and decision science. New material on telephone, email, and cyber negotiation More helpful advice for effectively representing clients and negotiating in mediation
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The Good Lawyer

Seeking Quality in the Practice of Law

Author: Douglas O. Linder,Nancy Levit

Publisher: Oxford University Press

ISBN: 0199360251

Category: Law

Page: 288

View: 4430

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.
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Advances in Psychology and Law

Author: Monica K. Miller,Brian H. Bornstein

Publisher: Springer

ISBN: 3319294067

Category: Psychology

Page: 280

View: 2185

This first volume of an exciting annual series presents important new developments in the psychology behind issues in the law and its applications. Psychological theory is used to explore why many current legal policies and procedures can be ineffective or counterproductive, with special emphasis on new findings on how witnesses, jurors, and suspects may be influenced, sometimes leading to injustice. Expert scholars make recommendations for improvements, suggesting both future directions for research inquiries on topics and needed policy changes. Topics included in this initial offering have rarely been considered in such an in-depth fashion or are in need of serious re-thinking: Interrogation of minority suspects: pathways to true and false confessions. A comprehensive evaluation of showups. The weapon focus effect for person identifications and descriptions. The psychology of criminal jury instructions. Structured risk assessment and legal decision making. Children’s participation in legal proceedings: stress, coping, and consequences. Sex offender policy and prevention. The psychology of tort law. Demonstrating the scope and rigor that will characterize the series, Volume 1 of Advances in Psychology and Law will interest psychology and legal experts as well as practicing psychologists, and will inspire fresh thinking as the two fields continue to interact.
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Psychology for Lawyers

Understanding the Human Factors in Negotiation, Litigation, and Decision Making

Author: Jennifer K. Robbennolt,Jean R. Sternlight

Publisher: Amer Bar Assn

ISBN: 9781614383543

Category: Law

Page: 590

View: 4869

Psychology for Lawyers introduces practicing lawyers and law students to some of the key insights offered by the field of psychology. The first part of the book offers a crash course in those aspects of psychology that will be most useful to practicing attorneys, including issues such as perception, memory, judgment, decision making, emotion, influence, communication, and the psychology of justice. The second part applies the insights of research to tasks that lawyers face on a regular basis, including interviewing, negotiating, counseling, and conducting discovery. In addition, the book offers practical suggestions for improving your practice suggestions that are grounded in the science of psychology. In short, by learning more about psychology and how to apply it, lawyers will be more effective, more successful, more ethical, and even happier. Comprehensive in discussion, this guide discusses aspects of social and cognitive psychology that are most relevant to lawyering: perception, memory, judgment, decision making, emotion, influence, communication and the psychology of justice. The authors include clear writing drawing on lots of current and interesting examples, chapter summaries, and extensive endnotes and helpful bibliographies for each chapter for those readers desiring more depth on particular issues."
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Case of a Lifetime

A Criminal Defense Lawyer's Story

Author: Abbe Smith

Publisher: St. Martin's Press

ISBN: 9780230613874

Category: Law

Page: 256

View: 2814

A recent study estimates that thousands of innocent people are wrongfully imprisoned each year in the United States. Some are exonerated through DNA evidence, but many more languish in prison because their convictions were based on faulty eyewitness accounts and no DNA is available. Prominent criminal lawyer and law professor Abbe Smith weaves together real life cases to show what it is like to champion the rights of the accused. Smith describes the moral and ethical dilemmas of representing the guilty and the weighty burden of fighting for the innocent, including the victorious story of how she helped free a woman wrongly imprisoned for nearly three decades. For fans of Law and Order and investigative news programs like 20/20, Case of a Lifetime is a chilling look at what really determines a person's innocence.
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Final Judgment

The Last Law Lords and the Supreme Court

Author: Alan Paterson

Publisher: A&C Black

ISBN: 1782252797

Category: Law

Page: 366

View: 4023

The House of Lords, for over 300 years the UK's highest court, was transformed in 2009 into the UK Supreme Court. This book provides a compelling and unrivalled view into the workings of the Court during its final decade, and into the formative years of the Supreme Court. Drawing on over 100 interviews, including more than 40 with Law Lords and Justices, and uniquely, some of their judicial notebooks, this is a landmark study of appellate judging 'from the inside' by an author whose earlier work on the House of Lords has provided a scholarly benchmark for over 30 years. The book demonstrates that appellate decision-making in the UK's final court remains a social and collective process, primarily because of the dialogues which take place between the judges and the key groups with which they interact when reaching their decisions. As the book shows, the forms of dialogue are now more varied, yet the most significant dialogues continue to be with their fellow Law Lords and Justices, and with counsel. To these, new dialogues have been added, namely those with foreign courts (especially Strasbourg) and with judicial assistants, which have subtly altered the tenor and import of their other dialogues. The research reveals that, unlike the English Court of Appeal, the House of Lords in its last decade was only intermittently collegial since Lord Bingham's philosophy of appellate judging left opinion writing, concurrences and dissents largely to individual preference. In the Supreme Court, however, there has been a marked shift to team working and collective decision-making bringing with it challenges and occasional tensions not seen in the final years of the House of Lords. The work shows that effectiveness in group-decision making in the final court turns in part on the stages when dialogues occur, in part on the geography of the court and in part on the task leadership and social leadership skills of the judges involved in particular cases. The passing of the Human Rights Act and the expansion in judicial review over the last 30 years have dramatically altered the two remaining dialogues - those with Parliament and with the Executive. With the former, the dialogue has grown more distant, with the latter, more problematic, than was the case 40 years ago. The last chapter rehearses where the changing dialogues have left the UK's final court. Ironically, despite the oft applauded commitment of the new Court to public visibility, the book concludes that even greater transparency in the dialogue with the public may be required. 'The way appellate judges at the highest level behave to each other, to counsel, with other branches of government and with other courts is brought under closer scrutiny in this book than ever before?The remarkable width and depth of his examination?has resulted in a work of real scholarship, which all those who are interested in how appellate courts work all over the common law world will find especially valuable.' From the foreword by Lord Hope of Craighead KT 'Alan Paterson's knowledge and interest in the Supreme Court, coupled with his expertise as a lawyer who understands the legal system and the judicial process, make him a perfect chronicler and assessor of what the Court's role is and what it should be, and how it functions and how it might improve.' Lord Neuberger, President of the Supreme Court
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Reimagining Advocacy

Rhetorical Education in the Legal Clinic

Author: Elizabeth C. Britt

Publisher: Penn State University Press

ISBN: 9780271081021

Category: Language Arts & Disciplines

Page: 192

View: 9736

Investigates how students in a clinical legal education program learned to advocate effectively and ethically with clients abused by intimate partners. Demonstrates the importance of valuing clients as experts in their own lives and as equal partners in decision making.
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The Relevant Lawyer

Reimagining the Future of the Legal Profession

Author: Paul A. Haskins

Publisher: N.A

ISBN: 9781634251471

Category: Lawyers

Page: N.A

View: 4008

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Point Made

How to Write Like the Nation's Top Advocates

Author: Ross Guberman

Publisher: Oxford University Press

ISBN: 0199943850

Category: Law

Page: 352

View: 6489

In Point Made, Ross Guberman uses the work of great advocates as the basis of a valuable, step-by-step brief-writing and motion-writing strategy for practitioners. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers.
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Essential Questions

Opening Doors to Student Understanding

Author: Jay McTighe,Grant Wiggins

Publisher: ASCD

ISBN: 1416615709

Category: Education

Page: 119

View: 3118

What are "essential questions," and how do they differ from other kinds of questions? What's so great about them? Why should you design and use essential questions in your classroom? Essential questions (EQs) help target standards as you organize curriculum content into coherent units that yield focused and thoughtful learning. In the classroom, EQs are used to stimulate students' discussions and promote a deeper understanding of the content. Whether you are an Understanding by Design (UbD) devotee or are searching for ways to address standards--local or Common Core State Standards--in an engaging way, Jay McTighe and Grant Wiggins provide practical guidance on how to design, initiate, and embed inquiry-based teaching and learning in your classroom. Offering dozens of examples, the authors explore the usefulness of EQs in all K-12 content areas, including skill-based areas such as math, PE, language instruction, and arts education. As an important element of their backward design approach to designing curriculum, instruction, and assessment, the authors *Give a comprehensive explanation of why EQs are so important; *Explore seven defining characteristics of EQs; *Distinguish between topical and overarching questions and their uses; *Outline the rationale for using EQs as the focal point in creating units of study; and *Show how to create effective EQs, working from sources including standards, desired understandings, and student misconceptions. Using essential questions can be challenging--for both teachers and students--and this book provides guidance through practical and proven processes, as well as suggested "response strategies" to encourage student engagement. Finally, you will learn how to create a culture of inquiry so that all members of the educational community--students, teachers, and administrators--benefit from the increased rigor and deepened understanding that emerge when essential questions become a guiding force for learners of all ages.
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Pearl Harbor

Final Judgement

Author: Henry Clausen,Bruce Lee

Publisher: Da Capo Press

ISBN: 9780306810350

Category: History

Page: 528

View: 2854

In 1944, Secretary of War Henry L. Stimson, knowing that high-ranking members of the military had falsely testified before the various bodies investigating the attack on Pearl Harbor, selected a then-unknown major by the name of Henry C. Clausen to undertake a new investigation. From November 1944 to September 1945, Clausen traveled more than 55,000 miles and interviewed over a hundred U.S. and British Army, Navy, and civilian personnel. He was given the authority to go anywhere and question anyone under oath, from enlisted personnel right up to George C. Marshall, the chief of staff. He ultimately presented an 800 page report to Stimson—a report that revealed a massive operational failure by the United States to use the priceless intelligence signals that it had obtained months before Pearl Harbor. Pearl Harbor is the "final judgement"-the story behind Clausen's investigation and a blistering account of his conclusions.
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Clarence Darrow

Attorney for the Damned

Author: John A. Farrell

Publisher: Vintage

ISBN: 0385534515

Category: Biography & Autobiography

Page: 400

View: 1838

Drawing on untapped archives and full of fresh revelations, here is the definitive biography of America’s legendary defense attorney and progressive hero. Clarence Darrow is the lawyer every law school student dreams of being: on the side of right, loved by many women, played by Spencer Tracy in Inherit the Wind. His days-long closing arguments delivered without notes won miraculous reprieves for men doomed to hang. Darrow left a promising career as a railroad lawyer during the tumultuous Gilded Age in order to champion poor workers, blacks, and social and political outcasts against big business, Jim Crow, and corrupt officials. He became famous defending union leader Eugene Debs in the land­mark Pullman Strike case and went from one headline case to the next—until he was nearly crushed by an indictment for bribing a jury. He redeemed himself in Dayton, Tennessee, defending schoolteacher John Scopes in the “Monkey Trial,” cementing his place in history. Now, John A. Farrell draws on previously unpublished correspondence and memoirs to offer a candid account of Darrow’s divorce, affairs, and disastrous finances; new details of his feud with his law partner, the famous poet Edgar Lee Masters; a shocking disclosure about one of his most controversial cases; and explosive revelations of shady tactics he used in his own trial for bribery. Clarence Darrow is a sweeping, surprising portrait of a leg­endary legal mind. From the Hardcover edition.
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Resurrection After Rape

A Guide to Transforming from Victim to Survivor

Author: Matt Atkinson,Victoria Bailey

Publisher: RAR Publishing

ISBN: 0615209661

Category: Psychology

Page: 302

View: 4023

A top-selling, best-reviewed book about women's recovery from rape trauma, "Resurrection After Rape" is an ideal resource for counselors, treatment centers, college course texts, and survivors of rape.
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The State of the Nation

Author: Fali S. Nariman

Publisher: Hay House, Inc

ISBN: 9381398402

Category: Biography & Autobiography

Page: 404

View: 6038

A definitive, analytical and meticulous account of the present state of the nation – from a constitutional perspective – by one of India’s most respected legal luminaries An ardent defender of the Constitution of India, Fali Nariman has today attained the status of an outstanding lawyer who strongly believes in the rule of the law and stands by his convictions. In this timely volume, the author highlights crucial issues that the legislature, the executive, judiciary, the bar and the common people have to deal with virtually on a day-to-day basis. His main focus is on corruption at various levels and in ‘hallowed’ institutions, including the judiciary. The author contends that the legislative and executive wings of the government – the elected representatives of the people – were (and are) expected to provide for the welfare of the people. He points out that they have failed miserably simply because making of laws is not enough; applying and enforcing laws – which are also the primary duties of the government – have left much to be desired. Consequently, it is the judiciary that tells the government when and how to distribute excess food, what crops to grow and what not to grow, which economic projects are good for the country and which are not, and what fuel should be used in our vehicles and whether 2G/3G licences should be allotted only through auctions! The judiciary is hence accused of overreach! The contents also throw light on other important subjects such as: the implications of reservations for certain sections of the population (including minorities); the true purpose and significance of the Constitution; Centre–State relations; and whether the Constitution has benefited the common people over the years. This is a book that is absorbing as well as thought-provoking that will make the readers put on their thinking caps.
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Change by Design

How Design Thinking Transforms Organizations and Inspires Innovation

Author: Tim Brown

Publisher: Harper Collins

ISBN: 0061937746

Category: Business & Economics

Page: 272

View: 5212

In Change by Design, Tim Brown, CEO of IDEO, the celebrated innovation and design firm, shows how the techniques and strategies of design belong at every level of business. Change by Design is not a book by designers for designers; this is a book for creative leaders who seek to infuse design thinking into every level of an organization, product, or service to drive new alternatives for business and society.
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The Authenticity Principle

Resist Conformity, Embrace Differences, and Transform how You Live, Work, and Lead

Author: Ritu Bhasin

Publisher: N.A

ISBN: 9781775016205

Category: Authenticity (Philosophy)

Page: 193

View: 3662

In a society that pushes conformity, how can you be courageously authentic despite fear of judgment? Award-winning leadership and diversity expert Ritu Bhasin gives you the tools to make this happen. This is more than a call to "be yourself"-it's a rally to disrupt the status quo, bring your differences to the light, and help others do the same.
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