How Leading Lawyers Think

Author: Randall Kiser
Publisher: Springer Science & Business Media
ISBN: 9783642204845
Format: PDF
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In this book, 78 leading attorneys in California and New York describe how they evaluate, negotiate and resolve litigation cases. Selected for their demonstrated skill in predicting trial outcomes and knowing when cases should be settled or taken to trial, these attorneys identify the key factors in case evaluation and share successful strategies in pre-trial discovery, negotiation, mediation, and trials. Integrating law and psychology, the book shows how skilled attorneys mentally frame cases, understand jurors’ perspectives, develop persuasive themes and arguments and achieve exceptional results for clients.

Beyond Right and Wrong

Author: Randall Kiser
Publisher: Springer Science & Business Media
ISBN: 9783642038143
Format: PDF, Mobi
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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.

Soft Skills for the Effective Lawyer

Author: Randall Kiser
Publisher: Cambridge University Press
ISBN: 1108416446
Format: PDF
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This book presents a multi-disciplinary, practice-based introduction to the major soft skills for lawyers: self-awareness, self-development, social proficiency, wisdom, leadership, and professionalism.

Resolving Disputes

Author: Jay Folberg
Publisher: Wolters Kluwer Law & Business
ISBN: 1454877294
Format: PDF, Mobi
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Resolving Disputes: Theory, Practice, and Law, Third Edition, features a logical four-part organization that covers negotiation, mediation, arbitration, and hybrid approaches, which prepares law students to represent clients in all forms of alternative dispute resolution. Drawing on the authors decades of experience as teachers, neutrals, and ADR trainers, this casebook provides vivid examples presented from headline cases, literature, and the authors files. In addition, it offers excerpts from other leading authors so that diverse ideas are juxtaposed on major issues. The text integrates coverage of law, ethics, and practice and interesting notes, thoughtful problems and provocative questions throughout the text illustrate the role of the attorney, the perspective of the client and practical challenges. Key Features: Retains the same popular format as previous editions while incorporating user recommendations. Updated and new excerpts from leading experts presenting different views on challenging topics. Fresh notes and examples from actual cases. Additional coverage on causes of conflict, heuristics, the role of emotions, and decision science. A single chapter now contrasts commercial, no-caucus and transformative mediation techniques. Completely revised arbitration section, features interesting new material and engaging exercises. Presents practical information on drafting arbitration agreements, selecting arbitrators, and procedures. Recent legislative and judicial developments in arbitration law, award enforcement, and fairness issues. New treatment of hybrid ADR and dispute systems design. The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.

Lawyer Negotiation

Author: Jay Folberg
Publisher: Wolters Kluwer Law & Business
ISBN: 1454876018
Format: PDF, ePub, Mobi
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Designed to prepare law students to negotiate knowledgeably and successfully as lawyers representing clients, Lawyer Negotiation: Theory, Practice, and Law, Third Edition, features an integrated approach that combines theory, skills, negotiation strategy, ethics, and law. A very readable, interesting, and lively text for any law school Negotiation course, this book reflects the authors' experience as negotiators, mediators, ADR teachers, and trainers. Interesting notes, thoughtful problems and provocative questions throughout the text raise practical negotiation challenges and policy issues. Excerpts from other leading authors are included, allowing for diverse ideas to be presented on negotiation techniques, and eliminating the need for supplemental material. In addition, examples are included from cases, literature, and the authors' files. Key Features: Retains the same popular format as previous editions while incorporating user recommendations. Updated and new excerpts from leading experts presenting different views on practice challenges. Fresh notes and examples. Additional coverage on causes of conflict, heuristics, the role of emotions, and decision science. New material on telephone, email, and cyber negotiation More helpful advice for effectively representing clients and negotiating in mediation

The Good Lawyer

Author: Douglas O. Linder
Publisher: Oxford University Press
ISBN: 0199360251
Format: PDF
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Every lawyer wants to be a good lawyer. They want to do right by their clients, contribute to the professional community, become good colleagues, interact effectively with people of all persuasions, and choose the right cases. All of these skills and behaviors are important, but they spring from hard-to-identify foundational qualities necessary for good lawyering. After focusing for three years on getting high grades and sharpening analytical skills, far too many lawyers leave law school without a real sense of what it takes to be a good lawyer. In The Good Lawyer, Douglas O. Linder and Nancy Levit combine evidence from the latest social science research with numerous engaging accounts of top-notch attorneys at work to explain just what makes a good lawyer. They outline and analyze several crucial qualities: courage, empathy, integrity, diligence, realism, a strong sense of justice, clarity of purpose, and an ability to transcend emotionalism. Many qualities require apportionment in the right measure, and achieving the right balance is difficult. Lawyers need to know when to empathize and also when to detach; courage without an appreciation of consequences becomes recklessness; working too hard leads to exhaustion and mistakes. And what do you do in tricky situations, where the urge to deceive is high? How can you maintain focus through a mind-taxing (or mind-numbing) project? Every lawyer faces these problems at some point, but if properly recognized and approached, they can be overcome. It's not easy being good, but this engaging guide will serve as a handbook for any lawyer trying not only to figure out how to become a better--and, almost always, more fulfilled--lawyer.

Soft Skills for the Effective Lawyer

Author: Randall Kiser
Publisher: Cambridge University Press
ISBN: 1108416446
Format: PDF, ePub, Mobi
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This book presents a multi-disciplinary, practice-based introduction to the major soft skills for lawyers: self-awareness, self-development, social proficiency, wisdom, leadership, and professionalism.

Psychology for Lawyers

Author: Jennifer K. Robbennolt
Publisher: Amer Bar Assn
ISBN: 9781614383543
Format: PDF, ePub
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Psychology for Lawyers introduces practicing lawyers and law students to some of the key insights offered by the field of psychology. The first part of the book offers a crash course in those aspects of psychology that will be most useful to practicing attorneys, including issues such as perception, memory, judgment, decision making, emotion, influence, communication, and the psychology of justice. The second part applies the insights of research to tasks that lawyers face on a regular basis, including interviewing, negotiating, counseling, and conducting discovery. In addition, the book offers practical suggestions for improving your practice suggestions that are grounded in the science of psychology. In short, by learning more about psychology and how to apply it, lawyers will be more effective, more successful, more ethical, and even happier. Comprehensive in discussion, this guide discusses aspects of social and cognitive psychology that are most relevant to lawyering: perception, memory, judgment, decision making, emotion, influence, communication and the psychology of justice. The authors include clear writing drawing on lots of current and interesting examples, chapter summaries, and extensive endnotes and helpful bibliographies for each chapter for those readers desiring more depth on particular issues."

Essential Questions

Author: Jay McTighe
Publisher: ASCD
ISBN: 1416615709
Format: PDF, Mobi
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What are "essential questions," and how do they differ from other kinds of questions? What's so great about them? Why should you design and use essential questions in your classroom? Essential questions (EQs) help target standards as you organize curriculum content into coherent units that yield focused and thoughtful learning. In the classroom, EQs are used to stimulate students' discussions and promote a deeper understanding of the content. Whether you are an Understanding by Design (UbD) devotee or are searching for ways to address standards--local or Common Core State Standards--in an engaging way, Jay McTighe and Grant Wiggins provide practical guidance on how to design, initiate, and embed inquiry-based teaching and learning in your classroom. Offering dozens of examples, the authors explore the usefulness of EQs in all K-12 content areas, including skill-based areas such as math, PE, language instruction, and arts education. As an important element of their backward design approach to designing curriculum, instruction, and assessment, the authors *Give a comprehensive explanation of why EQs are so important; *Explore seven defining characteristics of EQs; *Distinguish between topical and overarching questions and their uses; *Outline the rationale for using EQs as the focal point in creating units of study; and *Show how to create effective EQs, working from sources including standards, desired understandings, and student misconceptions. Using essential questions can be challenging--for both teachers and students--and this book provides guidance through practical and proven processes, as well as suggested "response strategies" to encourage student engagement. Finally, you will learn how to create a culture of inquiry so that all members of the educational community--students, teachers, and administrators--benefit from the increased rigor and deepened understanding that emerge when essential questions become a guiding force for learners of all ages.