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This book develops students' understanding and practice of client interviewing, writing and drafting, negotiation and advocacy in the context of extensive research in the legal profession and the civil and criminal justice systems. It emphasizes the extent to which lawyering is a dynamic process, determined by a variety of legal, business and ethical considerations. It encourages students to develop a critical and reflective approach geared to developing their abilities to manage this dynamic environment.
Lawyering skills are increasingly part of undergraduate law degrees as well essential elements in the postgraduate vocational law courses, the LPC and the BVC. This fully updated third edition continues to bring together the theory and practice of these skills in an accessible and practical context. The authors draw on their vast experience of law in practice to develop the core skills taught on both undergraduate and postgraduate courses. Skills covered include: written communication mediation information technology opinion writing drafting advocacy interviewing negotiation legal research. Each chapter uses diagrams, boxes, lists and flow charts to further explain and develop each skill and ends with a further reading section. A Practical Guide to Lawyering Skills is essential reading for all undergraduate and vocational law students seeking to develop the necessary skills to work successfully with law in the twenty-first century.
Lawyering Skills and the Legal Process bridges the gap between academic and practical law for students undertaking skills-based and clinical legal education courses at university. It develops oral and written communication, group working, problem solving and conflict resolution skills in a range of legal contexts: client interviewing, drafting, managing cases, legal negotiation and advocacy. The book is designed specifically to help students to practise and develop skills that will be essential in a range of occupations; develop a deeper understanding of the English legal process and the lawyer s role in that process; enhance their understanding of the relationship between legal skills and ethics; and understand how they learn and how they can make their learning more effective. This book provides a stimulating, accessible and challenging approach to understanding the problems and uncertainties of practising law that goes beyond the standard approaches to lawyers skills.
Rev. ed. of: Legal reasoning, writing, and persuasive argument. c2006.
This book is designed for teachers of legal research and writing courses. Both new and seasoned legal-writing teachers will benefit from the book, whether they are full-time professors, adjuncts, fellows, program directors, or teaching assistants. A Guide to Teaching Lawyering Skills explores the essential components of the teaching process, including setting course goals; creating a curriculum, syllabus, and assignments; developing teaching methods; providing feedback to students both orally and in writing; evaluating and grading student work; working with teaching assistants; and enhancing professional development. The focus of the book is practical, and its suggestions are specific and concrete. The book also provides lists of additional resources for teachers.
Legal Research Demystified offers a real-world approach to legal research for first-year law students. The book guides students through eight steps to research common law issues and ten steps to research statutory issues. It breaks down the research steps and process into "bite-size" pieces for novice researchers, minimizing the frustration often associated with learning new skills. This text also gives students context, explaining why and when a source or finding tool should be used when researching the law. The process of legal research, of course, is not linear. This book constantly reminds students of the recursive nature of legal research, and it identifies specific situations when they may deviate from the research steps. Through the book's step-by-step approach, students will connect seemingly unrelated tools (e.g., citators and the Key Number System) and understand how to leverage them to answer legal questions. Every chapter includes charts, diagrams, and screen captures to illustrate the research steps and finding methods. Each chapter concludes with a "summary of key points" section that reinforces important concepts from the chapter. This book provides students and professors with multiple assessment tools. Each chapter ends with true-false and multiple-choice questions that test students' understanding of chapter content. These questions are replicated on the book's companion website, Core Knowledge. Students may answer these end-of-chapter questions, as well as more advanced questions, on Core Knowledge and receive immediate feedback, including an explanation of why the answer is correct or incorrect. Professors can generate reports to track students' performance. Based on students' performance, professors will know whether to review a topic in more detail or to move to the next topic. (New books contain an access code to Core Knowledge; students purchasing used books can buy an access code separately.) Core Knowledge offers yet another assessment tool: interactive research exercises. These online exercises walk students through the research steps on Westlaw and Lexis Advance, giving professors the option to "flip" the classroom. Through many screen captures and tips, students can navigate both research platforms outside of class, allowing students and professors to dig deeper into the material during class. Each research exercise simulates a real-world research experience and contains self-grading questions. For example, in one exercise, students research on Westlaw to determine whether the client could recover damages against a neighbor for the emotional distress for the death of the client's dog. To answer the client's question, students must complete the research steps, including finding and reviewing secondary sources on Westlaw, using the Key Number System and KeyCite, and performing keyword searches. Professor support materials include a Teacher's Manual, sample syllabi, and sample research exams.
This up-to-date book includes recent research and scholarship in all four skills: interviewing, counseling, negotiation, and fact analysis. Drawing on years of teaching experience, The author show students how to organize, analyze, and marshal facts into powerfully persuasive arguments. This Highly-Effective Text Offers: a unique emphasis on fact analysis that shows students how to recognize, organize, and utilize the persuasive value of facts, with new charts, illustrating factual patterns and organization expert instruction in essential legal skills from a highly experienced author team, covering the basics of problem solving, interviewing, counseling, and negotiating a streamlined, example-driven presentation minimizing theoretical digressions, and instead, drawing students into real case situations and problem-solving scenarios consistent attention to ethical concerns, alerting students to issues of moral and professional conduct wherever appropriate This New Edition Also Features: three new chapters: Communication Skills, Cross-Cultural Issues, and Fact Investigation focus on professionalism that includes working with clients, problem-solving with adversaries, and reflecting on core issues and more examples from criminal law, The area of the law most familiar to first-year students thorough coverage of the skills involved in both adversarial and problem-solving negotiation
With a consistent emphasis on precision and good organization, Legal Writing and Other Lawyering Skills, Fifth Edition, shows students how to draft memoranda, opinion letters, pleadings, briefs, and other legal documents. But because communication in the practice of law occurs in specific contexts, authors Nancy L. Schultz and Louis J. Sirico, Jr . teach other valuable lawyering skills, such as client counseling, negotiating, and how to present an oral argument before the court, in this timely and student-friendly text. Now with a more contemporary look that reflects a new publisher and revisions requested by users of the text, the Fifth Edition of Legal Writing and Other Lawyering Skills features: a straightforward and student-friendly approach, framed and supported by a logical organization streamlined coverage that focuses on basic communication skills in practice complete coverage of legal writing--with outstanding chapters on writing style and how to write a memo in-depth instruction on legal analysis, oral argument, and how to write an appellate brief a helpful preliminary overview of the American legal system refreshed, updated, and carefully honed practice exercises expanded coverage of electronic research new coverage of electronic communicationformat, etiquette, ethics, and liability thoroughly up-to-date court citations, cases, and sample documents generous use of sample documents within the text and in the Appendices The focused exercises and examples in Legal Writing and Other Lawyering Skills, Fifth Edition, simulate the tasks performed by lawyers in practice and reflect the authors' forward-looking, practice-based approach to teaching writing and lawyering skills to law students
Legal Argument: The Structure and Language of Effective Advocacy is a full-featured guide designed primarily for law students in research, writing, analysis and trial advocacy classes and moot court programs. Inside you'll find detailed explanations of how lawyers construct legal arguments and practical guidelines to the process of molding the raw materials of litigation--cases, statutes, testimony, documents, common sense--into instruments of persuasive advocacy. You'll also find writing guidelines that show you how to present a well-constructed legal argument in writing in a way that legal decision makers will find persuasive. The centerpiece of this indispensable work is its syllogism-based step-by-step method, designed to walk the advocate through the process of crafting a winning argument. Intuitive organization presents the material in five parts: Part I sets out a general methodology for constructing legal arguments. Part II focuses more closely on the construction of persuasive, well-grounded legal premises, and covers the effective integration of legal doctrine and evidence into the argument's structure. Part III shows how to put the method to work by giving two detailed examples of the construction of complete legal arguments from scratch. Part IV provides a detailed protocol for reducing well-constructed legal arguments to written form, along with a concrete illustration of that process. It also provides concrete advice on how to recognize and avoid a host of common mistakes in the written presentation of legal arguments. Part V moves from the basics into more advanced techniques of persuasive legal argument, including rhetorical tactics like framing and emphasis, how to respond to arguments, maintaining professionalism in advocacy, and the ethical limits of argument.