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Of Counsel, Fifth Edition, adds a measure of definition and precision to the understanding of "Of Counsel" relationships. It reflects changes to the Model Rules of Professional Conduct adopted since the Fourth Edition (2013), as well as changes and additions aimed at providing those considering an "Of Counsel" relationship with all of the tools necessary to successfully navigate the process.
In the eight years since the last edition was published, important changes have been made to the Model Rules of Professional Conduct that benefit firms and attorneys engaged in "Of Counsel" arrangements, such as the recognition of screening as a method of avoiding the disqualification of an entire firm as the result of one attorney's conflict. There is an increase in popularity "Of Counsel" as law firms and attorneys discover benefits of these arrangements.
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.
A concise overview of the legal needs of nonprofit organizations Good Counsel is a compact and personable overview of the legal needs of nonprofits, crafted by one of America's most astute nonprofit general counsels. The book distills the legal needs of the 1.8 million tax-exempt organizations in the United States.Written in a clear and accessible style, with plenty of humor and storytelling as well as illustrative case studies, Good Counsel explains the basics of nonprofit corporate law, governance, and the tax exemption. It then takes a department-by-department look at legal topics relevant to program, fundraising, finance, communications, human resources, operations, contracts, government relations, and more. Good Counsel is designed help organizations fulfill their missions to do the public good. Designed to impart confidence and demystify the issues, Good Counsel is a must-read for nonprofit professionals and board members as well as lawyers and law students. Using Good Counsel as their playbook, lawyers, executives, and trustees can get an overview of the most common legal, governance, and compliance issues facing their organization and together ramp up a top-notch legal function. Contains practice pointers, checklists, and assessment tools Features sample contracts, licenses, and other form documents Filled with case studies and end-of-chapter focus questions, as well as available lesson plans for easy classroom use by educators in business, management, public policy, and law schools Good Counsel is the first-of-its-kind guidebook written by the sitting General Counsel of a major nonprofit. Written by influential author, speaker, and Bar leader Lesley Rosenthal, the General Counsel of Lincoln Center for the Performing Arts, Good Counsel shares the insights of a Harvard Law School graduate with years of in-house and business law experience as well as board service.
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.
Crisis Counsel: Navigating Legal and Communication Conflict, by Tony Jaques, Ph.D. is a new book by Rothstein Publishing. This book is designed to provide hands-on, practical guidance for senior executives, lawyers and public relations professionals to navigate crises and to balance conflicting advice from lawyers and communication professionals while promoting open communication and protecting legal liability. The book will help you to: * Balance reputation protection and legal obligation during a crisis. * Know why and how to apologize without increasing liability. * Weigh legal and communications advice when a crisis strikes. * Learn from original research which lets lawyers and communicators speak in their own words. * Draw practical everyday lessons from real-world examples of conflict between lawyers and communicators. * Navigate the legal and communication challenges of dealing with the media in a crisis. * Motivate lawyers and communicators to work better together. * Identify and avoid crucial areas of potential conflict from selected crisis case studies. * Understand the essential difference between corporate responsibility and legal liability. * Make decisions and do the right thing to protect your organization. The book includes a wide variety of global case studies and examples while analyzing how legal and communications advice was managed and the impact on reputation. Crisis Counsel also includes interviews with four of the leading global experts on crisis management and the conclusions of a focused, unique global survey of senior lawyers.
A lawyer and a psychologist offer a groundbreaking divorce strategy that protects both your finances and your family. From your first thought of divorce through the final paperwork, Your Divorce Advisor takes you step by step toward a divorce that dissolves the marriage but not your dignity, your sense of family, or your financial security. Whether you hire a lawyer or a mediator, or do it yourself, this practical, direct, and empowering guide offers you the wise counsel you need for both the legal and the emotional processes of ending your marriage. Your Divorce Advisor shows you how to: -Keep a healthy perspective that leads to a successful legal strategy and recognize when emotions threaten your case -Protect your assets without destroying your family Offering: -Detailed coverage of all your legal options and guidance through every legal step, including anticipating the emotional repercussions of your decisions -More information on custody than any other divorce book, including age-appropriate custody schedules -A sample divorce agreement explained one paragraph at a time Your Divorce Advisor helps you set yourself and your family on a positive course toward a new life.
"In the past 25 years, there has been a revolution in the legal profession. General Counsel and other inside lawyers have risen in quality, responsibility, power and status. Once second-class citizens in corporations and the legal profession, they have become core members of top corporate management, equaling in importance the Chief Financial Officer and the finance function. They have dramatically shifted power from law firms to corporate law departments, assuming strategic direction over legal matters and exercising for greater control over law firm billing and economics. Ben W. Heineman Jr. has led that revolution in his nearly 20 years as the top lawyer at General Electric and then in teaching and writing as a Distinguished Senior Fellow at Harvard Law School's Programs on the Legal Profession and Corporate Governance and as a lecturer at Yale Law School. In this analytic and prescriptive book, he describes the essence of that transformation and the modern role of inside counsel in helping attain the corporate mission of high performance with high integrity: the key functions, relationships, issues, problems and dilemmas. He argues for the role of inside counsel as lawyer-statesman and as a partner of the CEO but also guardian of the corporation, motivated not just by the desire for income but by broader values of integrity and corporate citizenship. The Inside Counsel Revolution is a succinct, concrete yet visionary statement of first principles from a highly regarded founder of the in-house revolution that fundamentally changed the legal profession and reframed the lawyer-statesman role in this era to serve the performance, integrity and risk goals of global capitalism"--Unedited summary from book jacket.