Expert Insights Into Judgment and Advocacy

Author: Randall Kiser

Publisher: Springer Science & Business Media

ISBN: 9783642204845

Category: Law

Page: 281

View: 9223

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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Author: Randall Kiser

Publisher: Cambridge University Press

ISBN: 1108416446

Category: Law

Page: N.A

View: 6850

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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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: 4809

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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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: 6057

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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Theory, Practice, and Law

Author: Jay Folberg,Dwight Golann

Publisher: Wolters Kluwer Law & Business

ISBN: 1454876018

Category: Law

Page: 408

View: 1761

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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Seeking Quality in the Practice of Law

Author: Douglas O. Linder,Nancy Levit

Publisher: Oxford University Press

ISBN: 0199360251

Category: Law

Page: 288

View: 3010

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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How to Write Like the Nation's Top Advocates

Author: Ross Guberman

Publisher: Oxford University Press

ISBN: 0199943850

Category: Law

Page: 352

View: 5489

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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Author: Monica K. Miller,Brian H. Bornstein

Publisher: Springer

ISBN: 3319294067

Category: Psychology

Page: 280

View: 9890

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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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: 7216

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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A Criminal Defense Lawyer's Story

Author: Abbe Smith

Publisher: St. Martin's Press

ISBN: 9780230613874

Category: Law

Page: 256

View: 7854

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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Rhetorical Education in the Legal Clinic

Author: Elizabeth C. Britt

Publisher: Penn State University Press

ISBN: 9780271081021

Category: Language Arts & Disciplines

Page: 192

View: 2658

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 Last Law Lords and the Supreme Court

Author: Alan Paterson

Publisher: A&C Black

ISBN: 1782252797

Category: Law

Page: 366

View: 4859

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 the Future of the Legal Profession

Author: Paul A. Haskins

Publisher: N.A

ISBN: 9781634251471

Category: Lawyers

Page: N.A

View: 6214

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A Lawyer Tells the True Story of Murder by the Book

Author: Rodney A. Smolla

Publisher: Three Rivers Press

ISBN: 9780609805633

Category: Language Arts & Disciplines

Page: 276

View: 6679

Examines the wrongful death suit against Paladin Press, publisher of "The Hit Man," for the murders of three people.
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Principles and Practices for Effective Advocacy

Author: Thomas M. Melsheimer,Craig Smith

Publisher: N.A

ISBN: 9781574417371

Category: Law

Page: 288

View: 5559

Two outstanding Texas trial lawyers--one now an equally respected district judge--have written On the Jury Trial, a "must have" reference for any trial lawyer aspiring to excellence or seeking to maintain it. Topics include voir dire, opening statement, preparing witnesses, cross examination, using exhibits, closing argument, jury research, and more, with excellent examples and "do's and don'ts" provided throughout. Think of this book as the senior law partner's memo to associates on how to really try a case. Looking for fly-on-the-wall insight into world-class trial preparation and strategy? Here it is. A behind-the-scenes tour of the inner workings of the judicial process? This book has you covered. Its combination of advice, illustration, and commentary is every bit as valuable as it is unique. Every litigator should have this book on the shelf, no matter the state in which they practice.
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Author: Jerome Groopman

Publisher: Houghton Mifflin Harcourt

ISBN: 9780547348636

Category: Medical

Page: 320

View: 4457

On average, a physician will interrupt a patient describing her symptoms within eighteen seconds. In that short time, many doctors decide on the likely diagnosis and best treatment. Often, decisions made this way are correct, but at crucial moments they can also be wrong -- with catastrophic consequences. In this myth-shattering book, Jerome Groopman pinpoints the forces and thought processes behind the decisions doctors make. Groopman explores why doctors err and shows when and how they can -- with our help -- avoid snap judgments, embrace uncertainty, communicate effectively, and deploy other skills that can profoundly impact our health. This book is the first to describe in detail the warning signs of erroneous medical thinking and reveal how new technologies may actually hinder accurate diagnoses. How Doctors Think offers direct, intelligent questions patients can ask their doctors to help them get back on track. Groopman draws on a wealth of research, extensive interviews with some of the country’s best doctors, and his own experiences as a doctor and as a patient. He has learned many of the lessons in this book the hard way, from his own mistakes and from errors his doctors made in treating his own debilitating medical problems. How Doctors Think reveals a profound new view of twenty-first-century medical practice, giving doctors and patients the vital information they need to make better judgments together.
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The Legitimacy of the Case Law of the European Court of Justice

Author: Maurice Adams,Henri de Waele,Johan Meeusen,Gert Straetmans

Publisher: A&C Black

ISBN: 1782252312

Category: Law

Page: 272

View: 2226

After successive waves of EU enlargement, and pursuant to the entry into force of the Lisbon Treaty, the European Court of Justice finds itself on the brink of a new era. Both the institution itself and the broader setting within which it operates have become more heterogeneous than ever before. The issues now arriving on its docket are also often of great complexity, covering an unprecedented number of fields. The aims of this volume are to study the impact of these developments, examine the legitimacy of the Court's output in this novel context and provide an appraisal of its overall performance. In doing so, specific attention is paid to its most recent case law on four topics: the general principles of EU law, external relations, the internal market and Union citizenship. Featuring contributions by Maurice Adams, Henri de Waele, Johan Meeusen and Gert Straetmans, Koen Lenaerts, Ján Mazák and Martin Moser, Stephen Weatherill, Jukka Snell, Michael Dougan, Daniel Thym, Eileen Denza, Michal Bobek, and Joseph Weiler.
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Opening Doors to Student Understanding

Author: Jay McTighe,Grant Wiggins

Publisher: ASCD

ISBN: 1416615709

Category: Education

Page: 119

View: 8072

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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Final Judgement

Author: Henry Clausen,Bruce Lee

Publisher: Da Capo Press

ISBN: 9780306810350

Category: History

Page: 528

View: 4096

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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Author: Abbe F. Fletman

Publisher: American Bar Association

ISBN: 9781604427233

Category: Law

Page: 295

View: 2030

The Woman Advocate is by women advocates for woman advocates. It contains first-hand accounts by successful women lawyers of their experiences at all stages of career development. In the four parts of the book- Where We Are; How We Got There; What Our Environment Is Like; and Where We're Going-the contributors provide reflections, advice, guidance, and, of course, war stories in lively, entertaining and insightful prose.
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