The Affective Assistance of Counsel

The Affective Assistance of Counsel PDF

Author: Marjorie A. Silver

Publisher:

Published: 2007

Total Pages: 584

ISBN-13:

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This book is subversive. It aims to undermine the legal profession's prevailing gladiatorial paradigm. It is, to use Professor Leonard Riskin's phrase, something off "the lawyer's standard philosophical map." It promises a vision of practicing law that is very different than that taught in most American law schools. There exists tremendous discontent among the practicing bar. Many lawyers have found themselves unhappy or unfulfilled in their practices. Compared to other professionals, lawyers suffer disproportionately from excessive stress, substance abuse, and other emotional difficulties. Many find themselves demoralized or disillusioned about the practice of law. Here's the good news: recent years have witnessed a spate of both new and renewed approaches to the practice of law. Disaffected by the adversarial model, many practitioners have engaged in a quiet revolution, a marriage of theory and practice designed to maximize the healing potential of the law. The result has been a variety of approaches such as Therapeutic Jurisprudence, Collaborative Law, and Creative Problem-Solving. Lawyers are cultivating Emotional Intelligence, Multicultural Competence, and Mindfulness. They are developing ways of working consistent with their spiritual and religious beliefs. New pedagogy is informing old courses, and new courses are evolving and taking their places in the curriculums of increasing numbers of law schools. This book bears the fruit of many of these efforts. The twenty contributors to this book come from widely diverse backgrounds. What they share are visions for more therapeutic, more beneficial, more helping, healing ways to practice law. This book is a resource for law professors, law students, and lawyers who share those visions. "After nearly forty years of law practice, I still look forward to coming to work every morning. This is because I have had incredible mentors who have taught me to practice law as a healer and peacemaker. Now my heroes of the comprehensive law movement have each spoken in one outstanding collection edited by Marjorie Silver. Their essays provide a road map for any lawyer to re-invent himself or herself and achieve a law practice filled with joy, meaning and passion. I enthusiastically recommend this book." -- John V. McShane, Esq., Dallas, Texas "Law as a healing profession - Marjorie Silver has collected a series of essays by leading writers engaged in such a career. Readers will find a practical resource to assist in building the emotional competence necessary to practice law in the 21st century. Buy it, read it, and practice in a more enlightened manner! You owe it to your clients, and to yourself." -- G. Andrew H. Benjamin, J.D., Ph.D., Affiliate Professor of Psychology, Antioch University; Affiliate Professor of Law, University of Washington; Director, Parenting Evaluation/Training Program "This book represents a turning point in the history of thought on how attorneys should be trained and how they should practice law. As is true of all pioneering works, this one will go through several stages. At first, traditionalists may oppose it and even ridicule it. Undoubtedly, however, its sheer wisdom will ultimately prevail and eventually be accepted as self-evident." -- Amiram Elwork, Director of the Law-Psychology Graduate Program at Widener University, and author of Stress Management for Lawyers"My experience is that it is a marvelous book and helped lay an academically-sound foundation for the content of course. I learned much from it, and I know our students did too." -- Jonathan R. Cohen, Professor of Law, University of Florida Levin College of Law

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Advances in Psychology and Law

Advances in Psychology and Law PDF

Author: Brian H. Bornstein

Publisher: Springer

Published: 2019-02-05

Total Pages: 322

ISBN-13: 3030110427

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The present volume consists of up-to-date review articles on topics relevant to psychology and law, and will be of current interest to the field. Notably, the majority of these topics are currently attracting a great deal of research and public policy attention in the U.S. and elsewhere, as evidenced by programs at the American Psychology-Law Society and related conferences. Topics for the present volume include: attitudes toward the police (Cole et al.), alibis (Charman et al.), hate crimes based on gender and sexual orientation (Plumm & Leighton), the role of gender at trial (Livingston et al.), neuroimages in court (Glen), intimate partner violence (Mauer & Reppucci), post-identification feedback (Douglass & Smalarz) and individual differences in eyewitness identification (Snowden & Bornstein), veterans’ wellbeing (Berthelot & Prager), and plea bargaining (Levett).

Securing Reasonable Caseloads

Securing Reasonable Caseloads PDF

Author: Norman Lefstein

Publisher:

Published: 2011

Total Pages: 292

ISBN-13: 9780615543765

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For the criminal justice system to work, adequate resources must be available for police, prosecutors and public defense. This timely, incisive and important book by Professor Norman Lefstein looks carefully at one leg of the justice system's "three-legged stool"public defenseand the chronic overload of cases faced by public defenders and other lawyers who represent the indigent. Fortunately, the publication does far more than bemoan the current lack of adequate funding, staffing and other difficulties faced by public defense systems in the U.S. and offers concrete suggestions for dealing with these serious issues.

Beyond Smart

Beyond Smart PDF

Author: Ronda Muir

Publisher: American Bar Association

Published: 2017

Total Pages: 0

ISBN-13: 9781634259163

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Everyone is familiar with "IQ"--intelligence quotient. Most lawyers put their IQ scores up there with their SAT and LSAT scores as generally acknowledged evidence of their competence. But what is your emotional intelligence quotient? And why should you care?"Emotional intelligence" (EI) is the ability to recognize, understand, and regulate our own and others' emotions. Industries worldwide have incorporated EI into their education, hiring, training, and management programs to maximize performance. BEYOND SMART: LAWYERING WITH EMOTIONAL INTELLIGENCE is the first comprehensive guide to understanding and raising emotional intelligence in the unique context of law practice. It explains the origins of EI, a lawyer's historic role in developing the concept, how lawyers compare in EI to other professionals and how to determine your level of EI. Beyond Smart also outlines how: - Emotionally intelligent lawyers are smarter, better practitioners--as negotiators, litigators and judges, make more money, and are physically and mentally healthier;- Emotionally intelligent law departments and law firms profit from more effective leadership, greater performance, enhanced teamwork, and increased client satisfaction, as well as lower attrition, healthcare and professional liability costs;- Emotionally intelligent practices can thrive in an increasingly competitive and technologically complex marketplace, even outperforming artificial intelligence; and- Individuals, workplaces and law schools can take steps to raise emotional intelligence.This user-friendly, practical resource is designed for today's legal professional who desires to improve their communication, client service and leadership skills and create a high performance, high functioning workplace.

ABA Standards for Criminal Justice

ABA Standards for Criminal Justice PDF

Author: American Bar Association

Publisher:

Published: 1999-01-01

Total Pages: 151

ISBN-13: 9781570737138

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"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.

The Right to the Assistance of Counsel

The Right to the Assistance of Counsel PDF

Author: James J. Tomkovicz

Publisher: Bloomsbury Publishing USA

Published: 2002-09-30

Total Pages: 287

ISBN-13: 0313011192

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Inaugurating Greenw4ood's Reference Guides to the United States Constitution series, this superlative guide to the Sixth Amendment is the first to survey the legal guarantee of counsel's assistance since 1963's Gideon ruling. The vast majority of important, even landmark cases regarding the right to counsel were decided after that pivotal ruling, making this the definitive work on the topic. Tomkovicz offers a concise yet substantial account of the historical development of the right to counsel in England and America. Included are: •A brief history of the topic •Lengthy and sophisticated analysis of the current state of the law •A bibliographical essay organizing and evaluating scholarly material for further research •A table of cases •Index A thorough analysis of the relevant U.S. Supreme Court's doctrine gives concrete content to the right to assistance of defense counsel. Scholars and students of the U.S. Constitution, along with attorneys and lay readers, will gain a rich understanding of the meaning and importance of the Sixth Amendment, and a comprehensive overview of a cornerstone of America's constitutional and legal order.