client science advice for lawyers on counseling clients through bad news and other legal realities

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Client Science

Author : Marjorie Corman Aaron
ISBN : 9780199970858
Genre : Law
File Size : 78. 88 MB
Format : PDF
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Lawyers know that client counseling can be the most challenging part of legal practice. Clients question and often resist the complexities and uncertainties inherent in law and legal process. Honest advice from the lawyer can make a client doubt his or her allegiance and zeal. Client backlash may be directed at the lawyer who communicates bad news. Thus, the lawyer may feel torn between the obligation to clearly inform a client about weaknesses in legal positions and fear of damaging the client relationship. Too often, the lawyer struggles to counsel a particularly difficult client, but to no avail. Client Science is written to provide insight and advice to lawyers on how to more effectively communicate with their clients with regard to legal realities and difficult decisions. It will help lawyers with the always-difficult task of delivering "bad news," which will result in better-informed and thus more satisfied clients. The book explains applicable social science research and insights and translates them into plain language relevant to legal practice and client counseling. Marjorie Corman Aaron offers specific suggestions related to a lawyer's ordering, timing, phrasing, and type of explanation, as well as style adjustments for the lawyer's voice, gesture, and body position, all to impact client counseling and to improve the lawyer-client relationship.

Legal Negotiation In A Nutshell

Author : Larry Teply
ISBN : 9781634604994
Genre : Law
File Size : 76. 68 MB
Format : PDF, Mobi
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Follows the entire process from opening negotiations to settlement. Text first introduces negotiation in law practice and representing a client in legal negotiation. Covers the basic types of legal negotiations, case evaluation, and preparation. Also addresses the types of legal disputes that should not be negotiated. Examines negotiating styles and strategies, as well as the stages of legal negotiation.

The Good Lawyer

Author : Douglas O. Linder
ISBN : 9780199360253
Genre : Law
File Size : 23. 34 MB
Format : PDF
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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.

Mediation

Author : Carrie J Menkel-Meadow
ISBN : 9781454818878
Genre : Law
File Size : 55. 45 MB
Format : PDF, Mobi
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Mediation: Practice, Policy, and Ethics provides a comprehensive and current introduction to the world of mediation, including law and policy, case examples, and practice guidelines for mediators and attorney representatives. Leading scholars and award-winning teachers in the field present critiques of mediation as well as its promise and potential. Their practical, problem-solving approach includes both analytical and behavioral approaches in varying gender, race, and cultural contexts. The text can be used for lawyer-mediators, lawyer-representatives in mediation, and non-lawyer mediators. An extensive Teacher’s Manual offers suggested syllabi, teaching notes, simulations, discussion pointers, and exam and paper suggestions for each chapter. The Second Edition showcases recent case developments in mediation and adds selections from the latest law review and practical writings on new forms and applications of the processes. New material on cultural diversity also includes coverage of international and intercultural mediation. New problem sets appear in the text, and new simulations are found in the Teacher's Manual. Features: comprehensive current coverage of mediation law and policy case examples practice guidelines for mediators and attorney representatives authors are leading scholars and award-winning teachers in this area presents critiques of mediation as well as its promise and potential practical, problem-solving approach both analytical and behavioral approaches varying gender, race, and cultural contexts can be used across the field lawyer-mediators lawyer-representatives in mediation non-lawyer mediators suggested syllabi teaching notes simulations discussion pointers exam and paper suggestions for each chapter Thoroughly updated, the revised Second Edition presents: recent case developments in mediation and related processes selections from latest law review and practical writings on new forms and applications of mediation processes new materials on cultural diversity and international and intercultural mediation

The Clinic Seminar

Author : Jane H. Aiken
ISBN : 0314274944
Genre : Law
File Size : 88. 91 MB
Format : PDF
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The Clinic Seminar provides a fully developed seminar curriculum for use in any clinic, regardless of subject matter, by any teacher, regardless of experience level. Together, the student text and teacher's guide provide a full syllabus of 20 model classes designed for two-hour class sessions, with step-by-step instructions so that even a first-time clinician can enter the classroom with complete confidence. Topics in The Clinic Seminar including: Client Counseling, Communication and Assumptions, Interviewing, Project Interviewing, Informal Fact Investigation, Storytelling, Theory of the Case or Project, Collaboration, Direct Examination, Cross Examination, Exhibits, Objections, Opening Statements and Closing Arguments, Negotiation, Presentation Skills, Writing, Establishing Professional Boundaries, Conducting Rounds, Ethics, Challenging Assumptions, System Change, and Exploring Justice. A typical chapter in The Clinic Seminar Teacher's Guide walks the instructor through classroom set up and material preparation, lecture notes, a step-by-step guide to classroom exercises, questions to pose to students at various stages of class. A typical chapter in The Clinic Seminar student text includes: a list of student learning goals, a description of class, an assignment in preparation for class, an interdisciplinary reading assignment, and handouts or other take-aways that students will continue to use throughout their professional lives.

Mastering Criminal Law

Author : Ellen S. Podgor
ISBN : 1611635497
Genre : Criminal law
File Size : 80. 30 MB
Format : PDF
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Mastering Criminal Law explores the basic principles useful in the study of criminal law, offering real world examples to understand these concepts. It provides a clear and concise consideration of the fundamental structure of a crime including statutory interpretation and sentencing. It has chapters on the typical crimes covered in most criminal law casebooks, namely, homicide, rape, assault and battery, and theft. Additionally, it covers accomplice liability, solicitation, attempt and conspiracy. It also covers defenses, including the right to present a defense. It distinguishes different approaches such as the Common Law and Model Penal Code and provides examples of different state statutes. This book is part of the Carolina Academic Press Mastering Series edited by Russell L. Weaver, University of Louisville School of Law.

Legal Interviewing And Counseling

Author : David A. Binder
ISBN : 0314335579
Genre : Law
File Size : 22. 49 MB
Format : PDF, Docs
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Concerned with how lawyers can interact with clients to help them solve their legal problems. Deals specifically within the context of dispute resolution cases. Within the context of that litigation, the book examines the task which lawyers must perform and the skills they must have in order to be effective counselors. The authors provide a description of the objectives of the legal interviewing and counseling processes; the forces which motivate clients to participate in these processes; and the basic techniques which are needed to successfully achieve the goals of legal interviewing and counseling.

Essential Lawyering Skills

Author : Stefan H. Krieger
ISBN : 0735599963
Genre : Law
File Size : 63. 63 MB
Format : PDF, ePub, Mobi
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Authored by a team of experienced scholars, Essential Lawyering Skills: Interviewing, Counseling, Negotiation, and Persuasive Fact Analysis offers a readable and concise introduction to these indispensable legal skills. Using straightforward, concise, and practical explanations, the Third Edition takes a more concrete approach than competing texts and focuses on providing students with real-life examples and cases. An abundance of solid features make this text a dependable choice for your classroom: an experienced author team draws upon many years of teaching and writing about lawyering skills complete coverage of the essential skills, problem solving, interviewing, counseling, negotiation, and fact analysis, ensures a comprehensive approach exceptional coverage of fact analysis (not found in other texts) and the persuasive value of facts charts illustrate how to organize facts and fact patterns plenty of examples promote interest, accessibility, and place topics in context ethical concerns are discussed throughout the book, where appropriate The Third Edition has been thoroughly updated to provide students with the latest information: introduces new topics to counseling and negotiation, including decision theory and financial analysis of proposed agreements introduces new topics to negotiation, including creativity in generating options, drafting deals, and transactional bargaining provides additional material on narrative theory and legal storytelling includes a bound-in CD-ROM with a case file and planning exercises for counseling, fact analysis, and negotiation offers a fully updated Teacher's Manual that includes new and revised exercises

An Advocate Persuades

Author : Joan Malmud
ISBN : 1611631505
Genre : Communication in law
File Size : 69. 48 MB
Format : PDF, Kindle
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An Advocate Persuades introduces its reader to the role of the advocate and the tools of persuasion. This book, like its predecessor A Lawyer Writes, places the reader in the role of a first-year attorney. Now, that first-year attorney must draft a motion or appellate brief and then present an oral argument. With step-by-step explanations and numerous examples, An Advocate Persuades explains how to develop and refine trial-level and appellate arguments and then how to present those arguments orally. Speaking to its readers in a straightforward manner, An Advocate Persuades communicates both the theories and foundational skills of persuasion so that they will be retained for a lifetime of legal practice.

Inside Counselling

Author : Anthony Crouch
ISBN : 9781446230176
Genre : Psychology
File Size : 27. 58 MB
Format : PDF, ePub, Docs
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`Anthony Crouch examines the internal and subjective reality of being a counsellor. Using a series of vignettes, rather than case studies, Crouch builds in all participant perspectives, counsellor, client and supervisor... [the book] proves to be eminently readable, like a good novel. And like a good novel, as opposed to merely a "good read", it takes the reader into the world of its characters so that we might understand them. From the outset, Crouch asserts that the effective counsellor is one who can enter the intimate subjectivity of the client and use that reality as a catalyst for change and growth. By the same token the counsellor should grow through that interaction. The book also contains a series of challenging personal development exercises which the author invites the reader to undertake' - Counselling and Psychotherapy, The Journal of the British Association for Counselling and Psychotherapy This innovative and creative book explores the experience of becoming and being a counsellor, and engaging in the therapeutic process. The book enters the internal, subjective world of counselling through its characters: students, counsellors, clients, supervisors and the author himself. It weaves together their perspectives and uses `talk' as its main medium - the talk of counselling and supervision sessions, training groups, workshops and students' journals. In so doing, the book breaks away from traditional methods and conventions to present complex theories, difficult concepts and serious information in an engaging, focused and manageable way. The book encourages readers to think subjectively, to question theories that come solely from outside, and to stay with and use their internal world as the main focus of counselling work. It also provides personal development exercises to help readers access long-forgotten feelings.

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