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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.
In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.
The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees? Inter alia, the study reveals a general trend towards deregulation of lawyer fees as well as a substantial correlation between the burden of litigation costs and membership of a jurisdiction in the civil and common law families. This study is the result of the XVIIIth World Congress of Comparative Law held under the auspices of the International Academy of Comparative Law.
Given the appalling consequences of civil wars, why are the competing actors within a state unable to come to a settlement to avoid the costs of conflict? How might external parties affect the likelihood that a civil war begins? How do their actions affect the duration and outcome of civil conflicts that are already underway? How International Relations Affect Civil Conflict draws on three main approaches--bargaining theory, signaling theory, and rational expectations--to examine how external actors might affect the onset, duration and outcome of civil wars. Signals from external actors are important because they represent a potential increase (or decrease) in fighting capabilities for the government or the opposition if a war were to begin. Costly signals should not affect the probability of civil war onset because they are readily observable ex ante, which allows the government and opposition to peacefully adjust their bargaining positions based on changes in relative capabilities. In contrast, cheap hostile signals make civil war more likely by increasing the risk that an opposition group overestimates its ability to stage a successful rebellion with external support. Cheap supportive signals work in the opposite manner because they represent increased fighting capabilities for the government. Furthermore, signals sent in the pre-war period have important implications for the duration and outcome of civil conflicts because competing intrastate actors develop expectations for future interventions prior to deciding to fight. In this book, Clayton L. Thyne tests this theory by examining the likelihood of civil war onset, the duration, and the outcome of all civil wars since 1945, finding strong support from empirical tests for each component of this theory. The conclusion offers specific advice to US policy-makers to prevent the outbreak of civil conflict in states most at-risk for civil war and to help end those that are currently underway. This book will appeal to undergraduate and graduat
Companies live or die on the basis of estimating their costs. Preparing estimates and bidding for new jobs is a complex and often costly process. There is no substitute for on the job training -- until now. Drawing on the authors' combined experience of more than 70 years, Estimating Building Costs presents state-of-the-art principles, practices, and techniques for assessing these expenditures that can be applied regardless of changes in the costs of materials, equipment, and labor. The book is an efficient and practical tool for developing contracts or controlling project costs. The authors cover the major components of the direct cost: estimating procedures and cost trends related to materials, construction equipment, and skilled and unskilled labor. They describe various types of building estimates encountered during the lifecycle of a project, as well as the role and accuracy of each. The book provides an overview of the industry, cost indexes in use, approaches to preparing a detailed estimate, and an in-depth description of the organization and function of the estimating group. Including CSI Master Format and UniFormat codes, estimating forms, a list of available estimating software packages, a detailed construction site and investigation report, the book provides a cost estimating methodology that readers can tailor to their own organizational needs.
This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as intellectual property (IP) litigation, commercial arbitration, investment arbitration, the role of legal expense insurance arrangements, fee regulation and professional ethics. The contributors include renowned scholars, experts in their respective fields and well-versed individuals in both civil procedure and the practice of litigation, arbitration and finance. Together, they present a broad approach to the issues of costs, cost-shifting rules and third-party funding. This volume adds to the existent literature in combining topics in law and practice and presents an analysis of the most recent developments in this fast developing area.