How Leading Lawyers Think

How Leading Lawyers Think PDF

Author: Randall Kiser

Publisher: Springer Science & Business Media

Published: 2011-08-14

Total Pages: 275

ISBN-13: 3642204848

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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.

The Tools of Argument

The Tools of Argument PDF

Author: Joel P. Trachtman

Publisher: Createspace Independent Publishing Platform

Published: 2013

Total Pages: 0

ISBN-13: 9781481246385

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Joel Trachtman's book presents in plain and lucid terms the powerful tools of argument that have been honed through the ages in the discipline of law. If you are a law student or new lawyer, a business professional or a government official, this book will boost your analytical thinking, your foundational legal knowledge, and your confidence as you win arguments for your clients, your organizations or yourself.

Thinking Like a Lawyer

Thinking Like a Lawyer PDF

Author: Frederick F. Schauer

Publisher: Harvard University Press

Published: 2009-04-27

Total Pages: 256

ISBN-13: 0674032705

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This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.

Think Like a Lawyer, Don't Act Like One

Think Like a Lawyer, Don't Act Like One PDF

Author: Aernoud Bourdrez

Publisher: BIS Publishers

Published: 2020-02-04

Total Pages: 160

ISBN-13: 9789063695354

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This book provides strategies to solve conflicts. Co-developed by Harvard University, many lawyers, two kissing boxers, a cowboy, Mikhail Gorbatsjov.

Beyond Right and Wrong

Beyond Right and Wrong PDF

Author: Randall Kiser

Publisher: Springer Science & Business Media

Published: 2010-01-07

Total Pages: 446

ISBN-13: 364203814X

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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.

Law As Engineering

Law As Engineering PDF

Author: David Howarth

Publisher: Edward Elgar Publishing

Published: 2013-01-01

Total Pages: 257

ISBN-13: 0857933787

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'David Howarth's Law as Engineering is a profound contribution to the law. Evoking the level of originality associated with pioneering contributions to law and economics half a century ago, Howarth's book aligns law, not on economics, but on engineering styles of thought and problem solving. His analysis sheds deep light on a 21st century world where the work of transactional and legislative lawyers, who design and build social structures and devices much as engineers do physical ones, is becoming ever more important and complex, with far-reaching implications for both legal ethics and legal education.' – Scott Boorman, Yale university, US 'This is a brilliant, highly original analysis of what lawyers actually do and what they ought to do in order to protect their clients and the public. It will rescue lawyers from the kinds of behaviour that contributed to the financial crash. It also points legal education and research in important new directions.' – Sir Bob Hepple, Professor, QC FBA 'This book brings an important new perspective to a consideration of what lawyers do, and of what they are for. The implications explored in the book are an immensely valuable contribution to thinking on the future development of legal education and training. It should be read by everyone responsible for recruiting or training others for the law, whether in the public or the private sector.' – Sir Stephen Laws KCB, QC(Hon), LLD(Hon), First Parliamentary Counsel Law as Engineering proposes a radically new way of thinking about law, as a profession and discipline concerned with design rather than with litigation, and having much in common with engineering in the way it produces devices useful for its clients. It uses that comparison to propose ways of improving legal design, to advocate a transformation of legal ethics so that the profession learns from its role in the crash of 2008, and to reform legal education and research. Offering a totally new perspective, this book will be a fascinating read for law students and prospective law students, legal academics across all sub-fields, lawyers in government, especially those engaged in drafting legislation, and policymakers.

How to Think Like a Lawyer--and Why

How to Think Like a Lawyer--and Why PDF

Author: Kim Wehle

Publisher: HarperCollins

Published: 2022-02-22

Total Pages: 208

ISBN-13: 0063067579

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A law professor and author teaches non-attorneys how to think like a lawyer to gain advantage in their lives—whether buying a house, negotiating a salary, or choosing the right healthcare. Lawyers aren’t like other people. They often argue points that are best left alone or look for mistakes in menus “just because.” While their scrupulous attention to detail may be annoying, it can also be a valuable skill. Do you need to make health care decisions for an aging parent but are unsure where to start? Are you at crossroads in your career and don’t know how to move forward? Have you ever been on a jury trying to understand confusing legal instructions? How to Think Like a Lawyer has the answers to help you cut through the confusion and gain an advantage in your everyday life. Kim Wehle identifies the details you need to pay attention to, the questions you should ask, the responses you should anticipate, and the pitfalls you can avoid. Topics include: Selling and buying a home Understanding employment terms Creating a will and health care proxy Navigating health concerns Applying for financial aid Negotiating a divorce Wehle shows you how to break complex issues down into digestible, easier-to-understand pieces that will enable you to make better decisions in all areas of your life.

The Leading Lawyer

The Leading Lawyer PDF

Author: Robert W. Cullen

Publisher: Thomson West

Published: 2009

Total Pages: 0

ISBN-13: 9780314996145

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This book explains the secrets of leadership from leading lawyers who have taken their talent to new heights by combining legal expertise with exceptional leadership skills. It shows how leading lawyers capitalize on their advocacy and analytical skills and combine them with their visionary insights to reach new levels of success. It also demonstrates how to use advocacy and creativity, persuasion and inspiration, and team building to service clients and build successful organizations.

The 5 A.M. Miracle

The 5 A.M. Miracle PDF

Author: Jeff Sanders

Publisher: Simon and Schuster

Published: 2015-12-01

Total Pages: 142

ISBN-13: 1612435335

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Begin your day the right way with this blueprint for maximizing productivity, perfecting your schedule, and making more time to enjoy life. The 5 A.M. Miracle is a resource guide for high-achievers. It provides a seven-step blueprint for anyone looking for a structured system that will hone their passions, clarify their big goals, and produce real, amazing results. Productivity coach Jeff Sanders is a big fan of early mornings. But his blueprint is about more than just waking up early. It’s about intentionality. In The 5 AM Miracle, Jeff breaks down an easy-to-follow system of healthy habits, daily routines, and productivity strategies. It’s more actionable content than you could possibly imagine. He then summarizes this multitude of ideas into a clear, thirty-day action plan.

The Bar

The Bar PDF

Author: Aspatore Books

Publisher:

Published: 2002-10

Total Pages: 0

ISBN-13: 9781587622120

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Ready to learn everything only the real word can teach you, not what some exam book or test prep book regurgitates? Bigwig Briefs Test Prep features real world intelligence, strategies and experience from leading minds in the legal world to prepare your mind for questions only industry veterans could prepare you for. Ever wonder how some lawyers just have an easier time passing the bar than others, even thought they may not be the most "book smart?" It is because they have learned to think like a lawyer-exactly what the questions are meant to see if you can do. This book teaches you how to "think like a lawyer" and think in a frame of mind that will help enable you to pass the bar. This book also features proven strategies, mindsets and problem solving tactics practiced by leading lawyers from some of the biggest law firms in the world that can be altered, expanded upon and customized to give you a distinct advantage when taking the Bar, and preparing you for! your life as a lawyer.