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This book will help you understand the nuances and intricacies of the law that governs untoward practitioner conduct.
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.
The book examines the essence of advocacy in court, its morality and its future. It provides a wealth of examples to entertain and inform. The book will be read by students of law, lawyers and all those interested in how our legal system works.
Practical Advocacy in the Crown Court follows the life of a case in the Crown Court chronologically, providing guidance and insights at each step. It guides the reader from first conference through legal arguments and witness handling to sentencing hearings, with references to procedure, codes of conduct, and key cases. With an emphasis on practical advice, each chapter follows a similar format incorporating dos and don'ts, mock situations, and sections on good practice. Key topics covered include: -Making and opposing bail applications -Effective communication with lay clients -Appeals against conviction and sentence in the Crown Court -Evidential submissions -Witness handling of complainants, vulnerable witnesses, police officers and experts -Making effective jury speeches -Sentencing, mitigation and advocacy in cases involving the Mental Health Act This is the only specialist guide written for Crown Court advocates, by Crown Court advocates. It provides learned advice on common situations such as hearsay applications, hostile witnesses, making speeches or mitigating in cases where it may feel like there is little to say. It also provides insight on good communication with clients as well as court room advocacy, and dealing with lay clients, solicitors and police officers in conference. In addition, it covers written advocacy in detail, including persuasive skeleton arguments and using jury bundles effectively. Depending on the experience of the reader, this book helps the: -new advocate by giving them insight into situations that arise frequently, with a proper understanding of their role, as well as advice on how to adapt their style to the witness or the Judge -progressing advocate to develop skills with advice garnered from counsel of many years' experience, such as sections dealing with witness handling and evidential submissions in more complex cases, including rape and serious sexual offences work, proceeds of crime applications, case conferences with the CPS and presenting documents to juries in larger cases -experienced and busy advocate by looking at situations of greater complexity, such as the purpose of jury advocacy, and it will also act as a refresher for the more established advocate with writer's block in a tricky case
Advocacy for SQE2: A Guide to Legal Practice is the first in a new series of books aimed at those preparing for SQE2, providing a comprehensive overview of everything you need to successfully pass the SQE2 advocacy assessment. Split into the two practice sections that candidates may be tested on – dispute resolution (civil) as well as criminal litigation – the book covers the basics of court procedure in both areas, so that you fully understand the role, duties and responsibilities of an advocate. In line with the requirements of SQE2, it also tests the competency skills required of an advocate in legal practice such as planning and organisation, drafting, legal research, presenting a reasoned argument, witness handling, observation, exercising judgment and the application of knowledge and decision-making. It also includes a range of supporting features, including: In Summary sections Key Practice Cases Practice Tips Practice Risks Problem Based Exercises Realistic Case Scenarios Self-Reflection Checklist Further supporting materials are also provided on the companion website. Written by an author with practice experience and early involvement in the planning and development of the SQE itself, this unique book will be essential reading for any candidate wishing to be fully prepared for their SQE2 advocacy assessment.
NOTE ABOUT BOOK The book consists of a compilation of eighteen chapters. The concept of a profession; Nature of the legal profession and its purposes; Connection between morality and ethics; Professional Ethics in general:-definitions, general principles, seven lamps of Advocacy, public trust doctrine, exclusive right to practice in Court; History of legal profession in India and relevant statutes; Law governing the profession and its relevance and scope; professional excellence and conduct. Professional, criminal and other misconduct and punishment for it (Ss. 35 and 24(A) and other provisions of the Advocates Act, 1961 and prescribed code of conduct); Duty not to strike; Advertisement/ Solicitation; The rules of the Bar council of India on the obligations and duties of the profession, need to shun sharp practices and commercialization of the profession and the role of the Bar in promotion of legal services under the constitutional scheme of providing equal justice; Role of Bar Council in regulating ethics. Bar Council Rules Chapter-II Standard of professional conduct and Etiquette. Different duties of an advocate lay down in the bar council rules on ethics; Conflict between duties and law to resolve them. Difference between: breach of ethics and misconduct and negligence, misconduct and crime; Perspectives on the role of the profession in the Adversary system and critiques of the adversary system with ethics; Issues of advocacy in the criminal law adversarial system, the zealous advocacy in the criminal defense setting and prosecutorial ethics; Lawyer client relationship, confidentiality and issues of conflicts of interest (Sec. 126 of the Evidence Act); Counseling, negotiation and mediation and their importance to administration of justice. Mediation – Ethical Consideration; Amicus Curiae – Ethical Consideration; Current developments in the organization of the profession, firms, companies etc. and application of ethics; Special role of the profession in Supreme Court Practice and its obligations to administration of justice. Adjournments; Duties of Advocate-on-Record; Supervisory role of Supreme Court; Contempt of Courts; Role of Bar Council and Bar Associations, Role of Bar Council, Role of Bar Association, and Code of Legal Ethics of Bar Associations; Duties of Advocate on Record, Adjournment in Courts; Supervisory Role of Supreme Court, Special Role of the Profession in Supreme Court practice and its Obligations to Administration of Justice; Current developments in the organization of the Profession, Firms, Companies etc. and Application of Ethics; Perspectives on the Role of the Profession in the Adversary System and critiques of the Adversary System vis a vis Ethics; And Comparative study of the Profession and Ethics in various countries, and their relevance to the Bar.
Persuasive questioning and argument in our courts and tribunals need skills in case preparation and techniques of presentation. Those skills and techniques are gained by a combination of understanding and practice.This book explains the 'what', the 'why' and the 'how' of basic skills and techniques. The reader is then ready to practice.Knowing the needs and wants of the audience, identifying the links among legal concepts, facts and witnesses, are at the heart of case preparation. That knowledge guides the content and tone of both argument and opening address.Of course the advocate must also be able to ask questions that both bring out the evidence in an acceptable manner and keep the right level of control over each witness.Advocacy is a skill that can always be improved, whether the practitioner is renowned or a novice. This is a book for the new comer, an explanation and illustration of the essential first steps along the road to renown.
Help all students reach their full potential. Make the right decisions! This unique book offers practical tools and strategies to help you become a strong advocate for every student in your school. With real world examples and situations, this book will help you: • Acquire skills to change your students’ lives for the better -- and also reach district goals. • Learn how to advocate for students even if it conflicts with district policy. • Discover how to transform your staff so they will also serve as student advocates. • Strengthen connections with parents to engage them with their child’s education. Also included is how to be an advocate for special needs students. The book opens with a private self-assessment to help you discover where you are on the continuum of student advocacy. It then leads you through the steps to develop the traits of a skilled advocate for students. There are application exercises and numerous examples of what works. Supported by research references in every chapter, the book details a rich variety of interventions you and your staff can use on a daily basis. It focuses on curricular as well as co-curricular programs including subject-matter offerings, the fine arts, athletics, technical programs, clubs, recreational activities, and other programs. As the principal, it is your advocacy that will make a powerful, lifelong difference for all the students in your school. Also available – PowerPoint slides for in-service professional development or for principals who wish to discuss this topic with their staff.
The Complete Advocate is a comprehensive guide to the advocate from the beginning of a case to its end. This book covers the essential skills needed to perform well as an advocate including research, writing, time management, client interviewing and public speaking. Technical topics such as examination in chief, cross-examination, civil and criminal applications, opening and closing speeches, appellate advocacy, court etiquette, traditions and ethics for lawyers are also examined. The author adopts a practical approach to the topics giving many examples to guide beginner advocates.