Legal Services Regulation at the Crossroads: Justitia�s Legions

Edward Elgar Publishing
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Who should be allowed to provide legal services to others? What characteristics must these services possess? Through a comparative study of English-speaking jurisdictions, this book illuminates the policy choices involved in legal services regulation a
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Publisher
Edward Elgar Publishing
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Published on
Feb 27, 2015
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Pages
336
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ISBN
9781784711665
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Language
English
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Genres
Law / Legal Profession
Law / Legal Services
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Content Protection
This content is DRM protected.
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Available on Android devices
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Eligible for Family Library

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The practice of law can be a gut-wrenching, high speed rollercoaster ride. A ride departing on the hour, every hour, day in and day out. Where its participants lock themselves in and brace for take-off. It can also be a slow float down a lazy river, traveling no faster than the current. Lawyers spend their lives taking these journeys, but they do not take them alone. The sole purpose of each is to help a client get from one place to another. The Lawyer's Song is a celebration of this profession, an exploration of the lawyer as guide. Hugh Duvall, a seasoned courtroom veteran, explores the various aspects of this work, from the passion to the pain, from the peaks to the post-journey reflections. Fellow lawyers pondering why they entered the profession and young folks considering taking the plunge will find understanding within these pages.
The Lawyer's Song:
Explores the complexity of legal practice, breaking it down into twenty separate topics.
Discusses each topic in an entertaining, dual format - first presenting a vignette following a frontier guide in 1842 Oregon Territory and then discussing the same topic as it relates to the present day practice of law.
Reinvigorates the battle-fatigued lawyer.
Explains the challenges lawyers, especially trial lawyers, face on a day-to-day basis: Adhering to their oaths, negotiating fees, accepting the weight of responsibility, enduring the pain of defeat and savoring the intense satisfaction of assisting the client in achieving his or her goals.
The worn and weathered attorney will emerge from reading The Lawyer's Song with renewed understanding, strength and purpose - ready to plunge head-first back into raging legal waters.
The Lawyer's Song splits open the profession and lays it bare. The young student considering life as an attorney will find his or her view of this work changed, in a number of ways less romanticized and in others, more so.
The Lawyer's Song is a song to "sooth the soul, to lift the spirit and celebrate our noble profession. If you are such a soul, it is a song for you. If you are not, if you are of the uninitiated, then hear our song."
- from the Preface"
In this penetrating book, Jean Stefancic and Richard Delgado use historical investigation and critical analysis to diagnose the cause of the pervasive unhappiness among practicing lawyers. Most previous writers have blamed the high rate of burnout, depression, divorce, and drug and alcohol dependency among these highly paid professionals on the narrow specialization, long hours, and intense pressures of modern legal practice. Stefancic and Delgado argue that these professional demands are only symptoms of a deeper problem: the way lawyers are taught to think and reason. They show how legal education and practice have been rendered arid and dull by formalism, a way of thinking that values precedent and doctrine above all, exalting consistency over ambiguity, rationality over emotion, and rules over social context and narrative.

Stefancic and Delgado dramatize the plight of modern lawyers by exploring the unlikely friendship between Archibald MacLeish, who gave up a successful but unsatisfying law career to pursue his literary yearnings, and Ezra Pound. Reading the forty-year correspondence between MacLeish and Pound, Stefancic and Delgado draw lessons about the difficulties of attorneys trapped in worlds that give them power, prestige, and affluence but not personal satisfaction, much less creative fulfillment. Long after Pound had embraced fascism, descended into lunacy, and been institutionalized, MacLeish took up his old mentor’s cause, turning his own lack of fulfillment with the law into a meaningful crusade and ultimately securing Pound’s release from St. Elizabeths Hospital. Drawing on MacLeish’s story, Stefancic and Delgado contend that literature, public interest work, and critical legal theory offer tools to contemporary attorneys for finding meaning and overcoming professional dissatisfaction.

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.

Professors Fischl and Paul explain law school exams in ways no one
has before, all with an eye toward improving the reader’s performance.
The book begins by describing the difference between educational
cultures that praise students for “right answers,” and the law school
culture that rewards nuanced analysis of ambiguous situations in which
more than one approach may be correct. Enormous care is devoted to
explaining precisely how and why legal analysis frequently produces such
perplexing situations.


But the authors don’t stop with mere description. Instead, Getting to Maybe
teaches how to excel on law school exams by showing the reader how
legal analysis can be brought to bear on examination problems. The book
contains hints on studying and preparation that go well beyond
conventional advice. The authors also illustrate how to argue both sides
of a legal issue without appearing wishy-washy or indecisive. Above
all, the book explains why exam questions may generate feelings of
uncertainty or doubt about correct legal outcomes and how the student
can turn these feelings to his or her advantage.


In sum, although the authors believe that no exam guide can
substitute for a firm grasp of substantive material, readers who devote
the necessary time to learning the law will find this book an invaluable
guide to translating learning into better exam performance.


“This book should revolutionize the ordeal of studying for
law school exams… Its clear, insightful, fun to read, and right on the
money.” — Duncan Kennedy, Carter Professor of General Jurisprudence, Harvard Law School  “Finally
a study aid that takes legal theory seriously… Students who master
these lessons will surely write better exams. More importantly, they
will also learn to be better lawyers.” — Steven L. Winter, Brooklyn Law School “If
you can't spot a 'fork in the law' or a 'fork in the facts' in an exam
hypothetical, get this book. If you don’t know how to play 'Czar of the
Universe' on law school exams (or why), get this book. And if you do
want to learn how to think like a lawyer—a good one—get this book. It's,
quite simply, stone cold brilliant.” — Pierre Schlag, University of Colorado School of Law (Law Preview Book Review on The Princeton Review website)

Attend a Getting to Maybe seminar! Click here for more information.

Winner of the 2017 Eduardo Bonilla-Silva Outstanding Book Award, sponsored by the Society for the Study of Social Problems.

Finalist for the C. Wright Mills Book Award, sponsored by the Society for the Study of Social Problems.

Winner of the 2017 Oliver Cromwell Cox Book Award, sponsored by the American Sociological Association's Section on Racial and Ethnic Minorities.

Winner of the 2017 Mary Douglas Prize for Best Book, sponsored by the American Sociological Association's Sociology of Culture Section.

Honorable Mention in the 2017 Book Award from the American Sociological Association's Section on Race, Class, and Gender.

NAACP Image Award Nominee for an Outstanding Literary Work from a debut author.

Winner of the 2017 Prose Award for Excellence in Social Sciences and the 2017 Prose Category Award for Law and Legal Studies, sponsored by the Professional and Scholarly Publishing Division, Association of American Publishers.

Silver Medal from the Independent Publisher Book Awards (Current Events/Social Issues category).

Americans are slowly waking up to the dire effects of racial profiling, police brutality, and mass incarceration, especially in disadvantaged neighborhoods and communities of color. The criminal courts are the crucial gateway between police action on the street and the processing of primarily black and Latino defendants into jails and prisons. And yet the courts, often portrayed as sacred, impartial institutions, have remained shrouded in secrecy, with the majority of Americans kept in the dark about how they function internally. Crook County bursts open the courthouse doors and enters the hallways, courtrooms, judges' chambers, and attorneys' offices to reveal a world of punishment determined by race, not offense.

Nicole Gonzalez Van Cleve spent ten years working in and investigating the largest criminal courthouse in the country, Chicago–Cook County, and based on over 1,000 hours of observation, she takes readers inside our so-called halls of justice to witness the types of everyday racial abuses that fester within the courts, often in plain sight. We watch white courtroom professionals classify and deliberate on the fates of mostly black and Latino defendants while racial abuse and due process violations are encouraged and even seen as justified. Judges fall asleep on the bench. Prosecutors hang out like frat boys in the judges' chambers while the fates of defendants hang in the balance. Public defenders make choices about which defendants they will try to "save" and which they will sacrifice. Sheriff's officers cruelly mock and abuse defendants' family members.

Crook County's powerful and at times devastating narratives reveal startling truths about a legal culture steeped in racial abuse. Defendants find themselves thrust into a pernicious legal world where courtroom actors live and breathe racism while simultaneously committing themselves to a colorblind ideal. Gonzalez Van Cleve urges all citizens to take a closer look at the way we do justice in America and to hold our arbiters of justice accountable to the highest standards of equality.

Delve deeper into Crook County with related media and instructor resources.

With Point Made, legal writing expert, Ross Guberman, throws a life preserver to attorneys, who are under more pressure than ever to produce compelling prose. What is the strongest opening for a motion or brief? How to draft winning headings? How to tell a persuasive story when the record is dry and dense? The answers are "more science than art," says Guberman, who has analyzed stellar arguments by distinguished attorneys to develop step-by-step instructions for achieving the results you want. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers, including Barack Obama, John Roberts, Elena Kagan, Ted Olson, and David Boies. Their strategies, demystified and broken down into specific, learnable techniques, become a detailed writing guide full of practical models. In FCC v. Fox, for example, Kathleen Sullivan conjures the potentially dangerous, unintended consequences of finding for the other side (the "Why Should I Care?" technique). Arguing against allowing the FCC to continue fining broadcasters that let the "F-word" slip out, she highlights the chilling effect these fines have on America's radio and TV stations, "discouraging live programming altogether, with attendant loss to valuable and vibrant programming that has long been part of American culture." Each chapter of Point Made focuses on a typically tough challenge, providing a strategic roadmap and practical tips along with annotated examples of how prominent attorneys have resolved that challenge in varied trial and appellate briefs. Short examples and explanations with engaging titles--"Brass Tacks," "Talk to Yourself," "Russian Doll"--deliver weighty materials with a light tone, making the guidelines easy to remember and apply. In addition to all-new examples from the original 50 advocates, this Second Edition introduces eight new superstar lawyers from Solicitor General Don Verrilli, Deanne Maynard, Larry Robbins, and Lisa Blatt to Joshua Rosencranz, Texas Senator Ted Cruz, Judy Clarke, and Sri Srinvasan, now a D.C. Circuit Judge. Ross Guberman also provides provocative new examples from the Affordable Care Act wars, the same-sex marriage fight, and many other recent high-profile cases. Considerably more commentary on the examples is included, along with dozens of style and grammar tips interspersed throughout. Also, for those who seek to improve their advocacy skills and for those who simply need a step-by-step guide to making a good brief better, the book concludes with an all-new set of 50 writing challenges corresponding to the 50 techniques.
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