Author: Patrick J. Lamb
Publisher: Amer Bar Assn
Release Date: 2014-10-07
The use of non-hourly fee arrangements by lawyers and the demand for those arrangements by clients is increasing. How are you and your law firm addressing this threat to the billable hour? Are you prepared for the systemic changes needed when value is not measured in six minute increments? Alternative Fees for Litigators and Their Clients addresses how attorneys can implement and evaluate alternative fee arrangements in litigation matters. Written by a trial lawyer with over 30 years of experience, this essential guide offers lessons, insights, and practical tips that the author has learned during his firm s long-term experiment with alternative fee arrangements."
Author: Mark A. Robertson
Release Date: 2015-04-16
Genre: Business & Economics
The use of alternative fee arrangements by lawyers and the demand for those arrangements by clients is increasing. How are you and your law firm addressing this threat to the billable hour? Are you prepared to recognize that value is not measured in one-tenth-of-an-hour increments? Alternative Fees for Business Lawyers and Their Clients addresses how large firm, small firm, and solo lawyers can implement and evaluate alternative fee arrangements in transactional matters. This essential guide also provides real case studies of business lawyers and firms successfully using alternative fee arrangements to deliver value to both the clients and the lawyers.
Author: Marjorie Corman Aaron
Publisher: Oxford University Press
Release Date: 2012-05-04
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.
The partners at Finley & Figg often refer to themselves as a “boutique law firm.” Boutique, as in chic, selective, and prosperous. Oscar Finley and Wally Figg are none of these things. They are a two-bit operation of ambulance chasers who bicker like an old married couple. Until change comes their way—or, more accurately, stumbles in. After leaving a fast-track career and going on a serious bender, David Zinc is sober, unemployed, and desperate enough to take a job at Finley & Figg. Now the firm is ready to tackle a case that could make the partners rich—without requiring them to actually practice much law. A class action suit has been brought against Varrick Labs, a pharmaceutical giant with annual sales of $25 billion, alleging that Krayoxx, its most popular drug, causes heart attacks. Wally smells money. All Finley & Figg has to do is find a handful of Krayoxx users to join the suit. It almost seems too good to be true . . . and it is. Includes an excerpt of John Grisham’s Calico Joe and a special preview of his upcoming novel The Racketeer .
Author: George Beaton
Release Date: 2016-06-07
This book provides examples of innovative and successful business models from remade law firms to inspire change that goes beyond thinking and planning, and leads straight to implementing change and better client service.
Author: Richard Susskind
Publisher: Oxford University Press, USA
Release Date: 2017-05-25
Tomorrow's Lawyers predicts that we are at the beginning of a period of fundamental transformation in law: a time in which we will see greater change than we have seen in the past two centuries. Where the future of the legal service will be a world of internet-based global businesses, online document production, commoditized service, legal process outsourcing, and web based simulation practice. Legal markets will be liberalized, with new jobs for lawyers and new employers too. This book is a definitive guide to this future - for young and aspiring lawyers, and for all who want to modernize our legal and justice systems. It introduces the new legal landscape and offers practical guidance for those who intend to build careers and businesses in law. Tomorrow's Lawyers is divided into three parts. The first is an updated restatement of Richard Susskind's views on the future of legal services, as laid out in his previous bestselling works, The Future of Law , Transforming the Law, and The End of Lawyers? . He identifies key drivers of change, such as the economic downturn, and considers how these will impact on the legal marketplace. In the second part, Susskind sketches out the new legal landscape as he predicts it, including the changing role of law firms, and in-house lawyers, with virtual hearings and online dispute resolution. The third part focuses on the prospects for aspiring lawyers, predicting what new jobs and new employers there will be, and equipping prospective lawyers with penetrating questions to put to their current and future employers. This new edition has been fully updated to include an introduction to online dispute resolution, Susskind's views on the debates surrounding artificial intelligence and its role in the legal world, a new analysis of new jobs available for lawyers, and a retrospective evaluation of The Future of Law , Susskind's prediction published in 1996 about the future of legal services. This is the essential introduction to the future of law for those who want to succeed in the rapidly changing legal landscape.
Author: David Howarth
Publisher: Edward Elgar Publishing
Release Date: 2013-01-01
'David Howarth's Law as Engineering is a profound contribution to the law. Evoking the level of originality associated with pioneering contributions to law and economics half a century ago, Howarth's book aligns law, not on economics, but on engineering styles of thought and problem solving. His analysis sheds deep light on a 21st century world where the work of transactional and legislative lawyers, who design and build social structures and devices much as engineers do physical ones, is becoming ever more important and complex, with far-reaching implications for both legal ethics and legal education.' – Scott Boorman, Yale university, US 'This is a brilliant, highly original analysis of what lawyers actually do and what they ought to do in order to protect their clients and the public. It will rescue lawyers from the kinds of behaviour that contributed to the financial crash. It also points legal education and research in important new directions.' – Sir Bob Hepple, Professor, QC FBA 'This book brings an important new perspective to a consideration of what lawyers do, and of what they are for. The implications explored in the book are an immensely valuable contribution to thinking on the future development of legal education and training. It should be read by everyone responsible for recruiting or training others for the law, whether in the public or the private sector.' – Sir Stephen Laws KCB, QC(Hon), LLD(Hon), First Parliamentary Counsel Law as Engineering proposes a radically new way of thinking about law, as a profession and discipline concerned with design rather than with litigation, and having much in common with engineering in the way it produces devices useful for its clients. It uses that comparison to propose ways of improving legal design, to advocate a transformation of legal ethics so that the profession learns from its role in the crash of 2008, and to reform legal education and research. Offering a totally new perspective, this book will be a fascinating read for law students and prospective law students, legal academics across all sub-fields, lawyers in government, especially those engaged in drafting legislation, and policymakers.
Author: Randall Kiser
Publisher: Springer Science & Business Media
Release Date: 2010-01-07
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.
Today's justice system and the legal profession have rendered the "lawyer-warrior" notion outdated, shifting toward conflict resolution rather than protracted litigation. The new lawyer's skills go beyond court battles to encompass negotiation, mediation, collaborative practice, and restorative justice. In The New Lawyer, Julie Macfarlane explores the evolving role of practitioners, articulating legal and ethical complexities in a variety of contexts. The result is a thought-provoking exploration of the increasing impact of alternative strategies on the lawyer-client relationship, as well as on the legal system itself.
Its refreshing that this book does not simply look to advances in technology and artificial intelligence as the cause or the future of the Great Legal Reformation. Through in-depth case studies and vignettes, Mitch Kowalski takes us on a tour to meet some of the trailblazers breaking the legal service provider mould, allowing us to eavesdrop on his conversations with them. This is not a glimpse into the future of how he and others might see the legal world developing as the Great Legal Reformation unfolds. This is insight into the here and now - into what these innovators have already envisioned and achieved. These are the platforms from which yet further innovation and re-formation of the market will be driven. From the power and opportunity of regulatory change to enable structural change, access to capital and the participation of people who happen not to be lawyers; through the need to focus on efficiency, continuous improvement, process and project management; to the enduring value of vision, culture, values, leadership, energy and employee engagement, these studies and conversations inform, reveal and challenge. They do not present the new world through rose-tinted glasses or deny the existence of risk: the story of Slater & Gordons mixed fortunes is testament to that. But they do show a different way of thinking and acting. Whether lawyers like it or not, these are initiatives that buyers of legal services welcome. Stephen Mayson ,strategic advisor to law departments, legal services providers and regulators This is an indispensable handbook for any aspiring legal innovatora well-researched, accessible, and fascinating collection of dispatches from the cutting edge of legal business. Professor Richard Susskind OBE, author of Tomorrows Lawyers Mitch Kowalski shows us what the new professional world actually does look like. He takes us on a tour of Great Britain, Australia, and the United States, and introduces us to lawyers in big firms and small, serving clients both private and public. The picture that emerges is of a new breed of legal service provider that embraces entrepreneurship, teamwork and technology in a way that seems both unfamiliar and obvious to all lawyers. Dr Ian Holloway PC QC, ,Professor and Dean of Law, The University of Calgary This book will either give you hope or a much needed kick in the pants. Either way it's a win-win. Stephen Allen, , legal innovator, Hogan Lovells Mitch Kowalski does it again. Diving deep inside some of the worlds most innovative legal providers Mitch discovers the future of law in the present. A must read for anyone involved in the legal profession. John Chisholm, leading Australian legal commentator and advisor
Author: Herbert M. Kritzer
Publisher: Oxford University Press
Release Date: 1990-11-15
In law, as elsewhere, the ordinary is overshadowed in the popular and academic literature by the dramatic and sensational. While the role and behavior of lawyers in the operation of our criminal justice system has been closely scrutinized, comparatively little research has been devoted to the manner in which lawyers litigate the day-to-day civil (non-criminal) cases that comprise the vast bulk of the workload in state and federal courts. Originally commissioned by the U.S. Department of Justice, this is the first comprehensive national study of the U.S. civil justice system. Kritzer analyzes 1600 cases involving 1400 attorneys in five federal judicial districts. Examining the background, experiences, day-to-day activities, and outlook of civil lawyers, Kritzer finds that the work of lawyers combines the roles of the professional and the broker in many aeas of ordinary litigation. Arguing that lawyers' behavior must be understood in part as a form of brokerage between the client and the legal system, he suggests that the roles of professionals and brokers be considered as complements rather than alternatives in the justice system, and concludes by recommending that lawyers' monopoly on advocacy in civil litigation be restricted. An engaging, lucidly written study, The Justice Broker will be of special interest to practicing lawyers and legal scholars.
Author: Mark V.B. Partidge
Publisher: OUP USA
Release Date: 2009-06-18
Alternative Dispute Resolution (ADR) has become a critical competency for intellectual property (IP) practice. Litigators and corporate counsel are compelled by the realities of federal court litigation to master the skills, strategies and tactics of ADR. The escalating cost of IP litigation leads clients to demand alternative solutions. Industry surveys disclose that the average cost to pursue an IP case through trial will exceed $5,000,000 (five million). Despite that high cost, the likelihood that counsel has relevant trial experience has dramatically declined as less that 1.5% of civil actions are resolved by trial. Thus it is no surprise that corporate clients favor some form of ADR as an alternative to federal litigation. As a result, successful litigators must master ADR or be left behind as clients turn to attorneys with the experience and knowledge to use ADR to achieve the clients' goals. This book provides litigators, corporate counsel and in-house attorneys with the information and knowledge necessary to understand the options available for using ADR to resolve IP disputes, to create an effective strategy for using ADR, to achieve better results at a lower cost, and to control the ADR process as an effective advocate. The title serves as a handbook to explain the nature and use of ADR for IP disputes, including an assessment of the rising need for the use of ADR, the benefits available through the use of ADR, the tactics and tools available as an alternative to civil litigation, cases studies where ADR has been used to achieve improved results, and advice and tips for advocacy in ADR, with special emphasis on mediation skills. Relevant statutes and case law are included within a larger narrative built on stories and cases studies. Part One of the book deals with strategic considerations involved in ADR. It explores why ADR is important today for the resolution of IP disputes. It then covers the key benefits of ADR and dispels the typical reasons given to avoid the use of ADR. Part Two of the book covers the nuts and bolts of ADR. It describes the various types of ADR available to counsel for IP disputes. This section also explains the various providers of ADR services, the means to lead a problem into ADR (contractual provisions, court mandate, corporate and industry policy) and the legal basis for the use and enforcement of ADR results. Part Three shows the application of ADR methods to various disputes through the use of case studies. This section shows how ADR allows for creative solutions that cannot be obtained in the all or nothing environment of a court decision. Part Four closes the book with tips and advice on advocacy in ADR, especially mediation which involves a distinctive skill set that is often misunderstood and poorly utilized by litigators.
Author: Liz Brown
Publisher: Bibliomotion, Inc.
Release Date: 2013-09-24
Genre: Business & Economics
Written by Harvard-trained ex-law firm partner Liz Brown, Life After Law: Finding Work You Love with the J.D. You Have provides specific, realistic, and honest advice on alternative careers for lawyers. Unlike generic career guides, Life After Law shows lawyers how to reframe their legal experience to their competitive advantage, no matter how long they have been in or out of practice, to find work they truly love. Brown herself moved from a high-powered partnership into an alternative career and draws from this experience, as well as that of dozens of former practicing attorneys, in the book. She acknowledges that changing careers is hard much harder than it was for most lawyers to get their first legal job after law school but it can ultimately be more fulfilling for many than a life in law. Life After Law offers an alternative framework and valuable analytic tools for potential careers to help launch lawyers into new fields and make them attractive hires for non-legal employers.
Author: Christopher B. McNeil
Release Date: 2011
Genre: Administrative procedure
"Whenever the government tries to deny a benefit or take away a license, the parties affected by the action have the right to a fair hearing before an impartial adjudicator. Protecting that right takes some planning. This book is designed to offer practical suggestions about how to prepare for agency hearings. It's a guide for lawyers, clinical assistants, law students, and laymen who want to gain an accurate understanding of what to expect in litigating with a local, state, or federal governmental agency"--Provided by publisher.