The Consciousness Of The Litigator

"An important and thought-provoking addition to the literature on the ethics of lawyers." ---Kimberly Kirkland, Franklin Pierce Law Center The Consciousness of the Litigator investigates the role of the lawyer in modern American political and social life and in the judicial process, and plumbs lawyers' perceptions of themselves, their work, and, especially, their sense of right and wrong. In so doing, the book sheds light on the unique and little-examined subject of the moral mind of the litigator, whose work extends to all corners of society and whose primary expertise---making legal arguments---is the fundamental skill of all lawyers. The Consciousness of the Litigator stands with Michael Kelly's Lives of Lawyers as a must-read for the many law students, scholars, and practicing litigators who struggle to balance ethical questions with the dictates of their highly commercialized profession.

How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.

This book enables attorneys and law students to enhance their professional performance through the key soft skills of self-awareness, self-development, social proficiency, wisdom, leadership, and professionalism. It serves as both a map and a vehicle for developing the skills essential to self-knowledge and fulfillment, organizational respect and accomplishment, client satisfaction and appreciation, and professional improvement and distinction.

Written by the leading authority on legal decision making, Professional Judgment for Lawyers integrates empirical legal research, cognitive and social psychology, organizational behavior, legal ethics, and neuroscience to understand and improve decision making by attorneys, clients, judges, arbitrators, mediators, and juries.

This book is about the role of lawyers in constructing a just society. Its central objective is to provide a deeper understanding of the relationship between lawyers' commercial aims and public aspirations. Drawing on interdisciplinary and comparative perspectives, it explores whether lawyers can transcend self-interest to meaningfully contribute to systems of political accountability, ethical advocacy and distributional fairness. Its contributors, some of the world's leading scholars of the legal profession, offer evidence that although justice is possible, it is never complete. Ultimately, how much - and what type of - justice prevails depends on how lawyers respond to, and reshape, the political and economic conditions in which they practise. As the essays demonstrate, the possibility of justice is diminished as lawyers pursue self-regulation in the service of power; it is enhanced when lawyers mobilize - in the political arena, workplace and law school - to contest it.

A Litigator's Guide to DNA educates both criminal law students and forensic science students about all aspects of the use of DNA evidence in criminal and civil trials. It includes discussions of the molecular biological basis for the tests, essential laboratory practices, probability theory and mathematical calculations, and issues relevant to the prosecution and the defense, and to the judge and jury hearing the case. The authors provide a full background on both the molecular biology and the mathematical theory behind forensic tests, describing the molecular biological process in simple mechanical terms that are familiar to everyone, and periodically emphasizing the practical, take-home messages the student truly needs to understand. Pedagogical elements such as Recapping the Main Point boxes and valuable ancillary material (Instructors' Manual, PowerPoint slides) make this an ideal text for professors. "Recapping the Main Point" boxes provide a simple and concise summary of the main points Includes a glossary of essential terms and their definitions Contains a full-color insert with illustrations that emphasize key concepts

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.