How Leading Lawyers Think

How Leading Lawyers Think
Author: Randall Kiser
Publisher: Springer Science & Business Media
Total Pages: 275
Release: 2011-08-14
Genre: Law
ISBN: 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
Author: Joel P. Trachtman
Publisher: Createspace Independent Publishing Platform
Total Pages: 0
Release: 2013
Genre: Forensic oratory
ISBN: 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
Author: Frederick F. Schauer
Publisher: Harvard University Press
Total Pages: 256
Release: 2009-04-27
Genre: Law
ISBN: 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.

How to Think Like a Lawyer--and Why

How to Think Like a Lawyer--and Why
Author: Kim Wehle
Publisher: HarperCollins
Total Pages: 208
Release: 2022-02-22
Genre: Business & Economics
ISBN: 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.

Beyond Right and Wrong

Beyond Right and Wrong
Author: Randall Kiser
Publisher: Springer Science & Business Media
Total Pages: 446
Release: 2010-01-07
Genre: Law
ISBN: 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.

Think Like a Lawyer, Don't Act Like One

Think Like a Lawyer, Don't Act Like One
Author: Aernoud Bourdrez
Publisher: BIS Publishers
Total Pages: 160
Release: 2020-02-04
Genre: Business & Economics
ISBN: 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.

Win Your Case

Win Your Case
Author: Gerry Spence
Publisher: Macmillan
Total Pages: 310
Release: 2007-04-01
Genre: Self-Help
ISBN: 1429909013

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From renowned trial attorney and New York Times bestselling author Gerry Spence: a must own book for every lawyer and business professional seeking to make cutting-edge winning presentations--in court, at work, everywhere, any time. Gerry Spence is perhaps America's most renowned and successful trial lawyer, a man known for his deep convictions and his powerful courtroom presentations when he argues on behalf of ordinary people. Frequently pitted against teams of lawyers thrown against him by major corporate or government interests, he has never lost a criminal case and has not lost a civil jury trial since 1969. In Win Your Case, Spence shares a lifetime of experience teaching you how to win in any arena-the courtroom, the boardroom, the sales call, the salary review, the town council meeting-every venue where a case is to be made against adversaries who oppose the justice you seek. Relying on the successful courtroom methods he has developed over more than half a century, Spence shows both lawyers and laypersons how you can win your cases as he takes you step by step through the elements of a trial-from jury selection, the opening statement, the presentation of witnesses, their cross-examinations, and finally to the closing argument itself. Spence teaches you how to prepare yourselves for these wars. Then he leads you through the new, cutting-edge methods he uses in discovering the story in which you form the evidence into a compelling narrative, discover the point of view of the decision maker, anticipate and answer the counterarguments, and finally conclude the case with a winning final argument. To make a winning presentation, you are taught to prepare the power-person (the jury, the judge, the boss, the customer, the board) to hear your case. You are shown that your emotions, and theirs, are the source of your winning. You learn the power of your own fear, of honesty and caring and, yes, of love. You are instructed on how to role-play through the use of the psychodramatic technique, to both discover and tell the story of the case, and, at last, to pull it all together into the winning final argument. Whether you are presenting your case to a judge, a jury, a boss, a committee, or a customer, Win Your Case is an indispensable guide to success in every walk of life, in and out of the courtroom.

The Leading Lawyer

The Leading Lawyer
Author: Robert W. Cullen
Publisher: Thomson West
Total Pages: 0
Release: 2009
Genre: Law
ISBN: 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 Young Lawyer's Jungle Book

The Young Lawyer's Jungle Book
Author: Thane Josef Messinger
Publisher: Fine Print Press, Limited
Total Pages: 0
Release: 2000
Genre: Law firms
ISBN: 9781888960198

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Who can forget the terror of a new job? Entering an unfamiliar world, with unknown expectations, is a nerve-wracking experience. In law, the new attorney is tackling not only a new job but also a very new, very different, and exceptionally stress-filled professional life...and mountains of student debt. Each year, tens of thousands of new law graduates enter an already saturated job market...yet many are ill-prepared for survival in an ever more unforgiving, fast-paced profession. As law students, you're offered a wide array of guidebooks to succeed in law school, to excel in law exams, and to pass the bar exam. Upon entering the real world of law, however, you're are pushed back into a dark, dangerous jungle. The Young Lawyer's Jungle Book will be your guide to help you find your way to safety and career success.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 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.