Legal Writing Ethical and Professional Considerations

Author: Melissa H. Weresh
Publisher: LexisNexis
ISBN: 032717868X
Format: PDF, ePub, Mobi
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This book is designed to supplement a Legal Writing course, Ethics course, or Clinical course. The Second Edition of Legal Writing: Ethical and Professional Considerations tracks the types of documents typically produced in a first-year legal writing course. The book identifies ethical rules and professional concerns which pertain to the particular type of document and introduces cases illustrating how the rules should influence lawyers' behavior when preparing and submitting documents. It also contains notes designed to reinforce students' understanding of how the rules should impact them as they communicate professionally in writing. Contents include: • Chapter 1: Attorney Regulation: Sources of Ethical and Professional Considerations • Chapter 2: Engaging the Client-Conflicts • Chapter 3: E-Mail Communications • Chapter 4: Predictive Memoranda • Chapter 5: Client Letters • Chapter 6: Demand Letters • Chapter 7: Complaints • Chapter 8: Appellate Briefs • Chapter 9: Drafted Documents This eBook features links to Lexis Advance for further legal research options.

Legal Reasoning and Political Conflict

Author: Cass R. Sunstein
Publisher: Oxford University Press
ISBN: 9780195353495
Format: PDF
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The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people.

Beyond Legal Reasoning a Critique of Pure Lawyering

Author: Jeffrey Lipshaw
Publisher: Routledge
ISBN: 1315410796
Format: PDF, Docs
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The concept of learning to ‘think like a lawyer’ is one of the cornerstones of legal education in the United States and beyond. In this book, Jeffrey Lipshaw provides a critique of the traditional views of ‘thinking like a lawyer’ or ‘pure lawyering’ aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing on his extensive experience at the intersection of real world law and business issues, Professor Lipshaw presents a sophisticated philosophical argument that the "pure lawyering" of traditional legal education is agnostic to either truth or moral value of outcomes. He demonstrates pure lawyering’s potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors. This book offers an avenue for getting beyond (or unlearning) merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book will be of great interest to scholars of legal education, legal language and reasoning as well as professors who teach both doctrine and thinking and writing skills in the first year law school curriculum; and for anyone who is interested in seeking a perspective on ‘thinking like a lawyer’ beyond the litigation arena.

Legal Writing and Other Lawyering Skills

Author: Nancy Lusignan Schultz
Publisher: Wolters Kluwer Law & Business
ISBN: 1454831022
Format: PDF, ePub, Mobi
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With a consistent emphasis on precision and good organization, this text teaches students how to draft memoranda, opinion letters, pleadings, briefs, and other legal documents, as well as communications skills including client counseling, negotiating, and presenting oral arguments. Features: An expanded chapter on trial briefs, including pretrial motion briefs A new chapter on communicating by email A new chapter on time management A new chapter on mediation and related documents.

Legal Analysis 100 Exercises for Mastery Practice for Every Law Student 2012

Author: Cassandra L. Hill
Publisher: LexisNexis
ISBN: 0327174005
Format: PDF
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Legal Analysis: 100 Exercises for Mastery: Practice for Every Law Student offers 100 paced exercises to sharpen students' legal analysis skills. Professors will find: • A bank of 100 legal analysis exercises at the ready, whenever students' analysis skills need attention or refinement • Exercises adaptable to any paradigm, that increase the depth of students' writing • Varied assignments that contain thoughtful sample answers and helpful annotations • Learning objectives and outcomes for each chapter • Assessment and grading rubric for each chapter • Go-to material ready for any class period • 100 exercises that can be used as is or expanded to fit professors' preferences • Sample annotated answers for 50 of the exercises that their students can use to assess their own performance • Online resources for ready access to authority Students will receive: • Tools students need to develop a keen understanding of rule-based and analogical reasoning • 100 unique and fresh exercises to practice and self-assess their performance, using their own law school's analysis paradigm • Self-assessment opportunities to ensure progress in analysis • Learning objectives and outcomes for the legal analysis exercises • Writing assignments with self-contained feedback • Online resources for easy access to exercise cases, statutes, and regulations and helpful tips on improving legal analysis and writing skills Academic support professionals can expect: • 100 progressive legal analysis exercises for students to complete • Go-to material assignable to any student • Self-contained exercises that do not require particular knowledge of substantive law • Sample annotated answers for 50 of the exercises that students can review • Online resources for access to authority