101+ Practical Solutions for the Family Lawyer 3rd Edition (2003) (Table of Contents)
Gregg M. Herman
This compendium of practical advice is gathered from family law professionals, including lawyers, judges, CPAs, and psychologists, who share their real-world experience in a concise chapter. Even better, a bonus CD-ROM contains forms, agreements, charts, and checklists. Other time-saving tools include financial charts and hypotheses, questions to ask, and interview forms and checklists. Topics include fees, custody, discovery, trial techniques, support, avoiding malpractice, discovery, premarital agreements, valuation, settlement, and evidence.
The ABCs of Nonprofits, 2nd Edition (2015) (Table of Contents)
Lisa A. Runquist
Written for practitioners and nonprofit organizations, this unique guidebook offers a basic introduction to what a nonprofit corporation is; how it is formed; options for organizational structure; operating the corporation; basic tax; and much more. This updated second edition is written in a narrative format with a practitioner advising a client on the key steps for establishing a nonprofit corporation. Additional resources are included plus examples of sample forms.This primer will help nonprofits and their lawyers figure out where to start, what works, what doesn’t, and why.
Anatomy of a Trial, Second Edition (2015) (Table of Contents)
Paul Mark Sandler
As any experienced litigator knows, litigation theory is often complicated, and sometimes compromised, by the realities of an actual trial. Anatomy of a Trial is designed for young trial lawyers eager to gain an appreciation of how to handle real problems encountered during jury trials. Now completely updated and revised, this book considers the key phases of jury trials (voir dire, opening statements, direct and cross-examination, and closing arguments) in the light of two particular cases, one criminal and the other civil. The criminal case involves highly complex subjects and law campaign finance, national politics, and Hollywood fundraising, among others and necessitates simplifying and storytelling for the jury. The civil case illustrates the reality that most cases hinge on the credibility of witnesses, and also showcases the critical importance of experts in trials of a technical nature. This second edition also includes an all-new third case, a non-jury civil trial. These cases demonstrate that, although all trials have differences, employing the well-developed principles of rhetoric is fundamental to success no matter the nature of the litigation. With complete opening and closing statements, many actual transcripts from the trials, helpful explanations of the tactics used in the courtroom, and commentary from five judges on what the lawyers did right and wrong, Anatomy of a Trial is a thorough exploration of trial techniques through the lens of actual cases.
John W. Cooley
Well-known dispute resolution educator John W. Cooley has revised and updated The Arbitrator’s Handbook for lawyers and continuing legal education arbitration courses. The Arbitrator’s Handbook, Second Edition, begins with an introduction to arbitration describing its stages, types, benefits, and limitations. Cooley defines the role, authority, and ethics requirements of the arbitrator. Cooley then examines the arbitrator’s pre-hearing duties, focusing on the initiation of the arbitration as well as the preparation stage.
The Art of Mediation (1996) (Table of Contents)
Mark D. Bennett and Michele S.G. Hermann
This workbook is designed for basic mediation training. The authors take NITA's performance-based training for trial lawyers and adapt it to training for mediators. The authors have used these materials extensively in their mediation training classes at law schools and in programs open to the public. The Art of Mediation, Second Edition, sets the mediation process in context, provides basic definitions, contrasts mediation with other forms of dispute resolution, describes varieties of mediation, and lays out roles and functions of the mediators. The book contains forms that illustrate sample agreements to mediate and final mediation agreements. Plus, a section contains hypothetical situations for performance training. Useful teaching notes help plan, deliver, and evaluate mediation training.
Associate’s Guide to the Practice of Copyright Law (2009) (Table of Contents)
Meaghan Hemmings Kent and Joshua J. Kaufman
An Associate's Guide to the Practice of Copyright Law guides associates through what is typically the most challenging part of their job: knowing where to find information and what specifically they need to complete a particular task or assignment. Written by a senior associate and a supervising partner, the authors rein in the work process for associates and give practice-oriented advice on important topics such as what questions to ask a client, what research to conduct, what elements must be met for various causes of action, the potential repercussions for various actions and the proper alternatives to be considered. The book also includes sample documents and pleadings, references to secondary sources and key cases in copyright law. A CD-ROM containing many forms in electronic format, is included.
Click HERE to read a review by Rachel L. Poe in The Colorado Lawyer.
Attorney Liability in Bankruptcy (2006) (Table of Contents)
Corinne Cooper and Catherine E. Vance
This new and comprehensive book will give you exactly what you need to understand and comply with the law. It provides an overview of the provisions for the new Bankruptcy Reform Act including new sanctions provisions in Chapter 7 cases; regulation of attorneys as debt relief agencies; heightened requirements for reaffirmation agreements.
Avoiding Bad Depositions (2015) (Table of Contents)
Janet S. Kole
Janet Kole provides another short and helpful guide to litigation, this time to help you avoid mistakes--and malpractice claims--when preparing for depositions. The guide covers everything from what a deposition is, to the key issues that arise both during witness preparation and the deposition itself. For example, do you even want to take a deposition? Why? What will you get out of it? How do you deal with the forgetful witness, the condescending witness, the lying witness? How do you ethically prepare a witness for his or her testimony? This guide will help you navigate the minefield of problems inherent in taking and defending depositions, so that you can avoid a bad deposition.
Bankruptcy Deadline Checklist (2009) (Table of Contents)
Norman L. Pernick
This new fourth edition of Bankruptcy Deadline Checklist is a quick reference guide for anyone who deals with a bankruptcy case including bankruptcy judges, lawyers, paralegals, credit managers, collection agents, professors, law students and others participating in bankruptcy cases or study. It has been updated to incorporate relevant Code and Rule changes. The Checklist incorporates the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 and other amendments to the code through August 31, 2009, as well as the corresponding rules adopted by the Supreme Court, which became effective as of December 1, 2009, and should prove useful in learning the extensive changes contained in the most material revision of the Code since the 1978 enactment. The Checklist also incorporates the amendments to the Code contained in the Statutory Time-Periods Technical Amendments Act of 2009, Pub.L. 111-16, Stat. 1607, H.R. 1626, as well as amendments to the Rules on the Computation of time. The Checklist is organized by chapter of the Bankruptcy Code (i.e., 1, 3, 5, 7, 11, 13, and 15), and, within each chapter, by Code section, with additional sections covering those items typically needed upon the filing of a case, rules on adversary proceedings, appeals, and notices. Due to the minimal number of Chapter 9 and 12 cases filed, deadlines under those Chapters are not included. The Checklist is meant to be a list of all of the potential deadlines in a case; it certainly is not necessary (and indeed would be unlikely) to use each deadline in a particular case. To use the Checklist, simply look up the relevant Code section(s), which appear in numerical order and in the Index. Cross references for applicable Rules are provided. Code sections or Rules in bold designate the primary section or Rule containing the relevant deadline. Each deadline in the Checklist has a corresponding space for the insertion of a due date, so that the user may calculate and maintain a master list of deadlines in each case if that is desired.
Becoming the Tech-Savvy Family Lawyer (2013) (Table of Contents)
Melissa A. Kucinski, Daniel J. Berlin
Most family lawyers are solo practitioners or work in small firms where efficiency is key to maintaining and building a practice, and where extensive client interaction is essential in these very personal cases. In a legal field where many are rejecting and avoiding technology, family lawyers can begin implementing certain tech tools to help become more organized and efficient. Becoming a Tech-Savvy Family Lawyer is written especially for practitioners in this area, and it explains how a family lawyer can begin implementing tech tools on a daily basis. Instead of examining a host of computer gadgets and tech tools, the book's authors first consider the unique daily environment and routine of a family lawyer, and then assess what tech gadgets will fit into their existing practice. The tech tools in this book are not necessarily created with lawyers in mind, but they nonetheless have become mainstays in some lawyers' daily life. These tools are more mobile, more accessible, and typically have a more user-friendly interface.
Beyond the Big Firm (2007) (Table of Contents)
Alan B. Morrison and Diane T. Chin
This succinct paperback will fill a major information void for students and recent graduates who are interested in a legal career outside the typical large, corporate law firm. "Beyond the Big Firm" offers more than 30 engaging profiles of lawyers who have chosen to follow nontraditional legal careers, in a wide range of subject areas, practice settings, and types of work. This distinctive book explores the many possibilities open to graduates of law school through the use of profiles -- written primarily by students interested in public interest law -- of lawyers who made "alternative" career choices. The editors of this informative compilation are long-time public interest lawyers; the actual authors of the profiles are primarily students who capture the personalities of their subjects in a way that is sure to resonate with the audience because they share the same questions about career choices. The subjects of the profiles have been out of law school 10-15 years, they represent 18 law schools, and they work in 15 states. The lawyers profiled have jobs in governments, non-profits, and small private firms; both civil and criminal law are covered, including prosecutors and defense counsel. Some of the fields that the lawyers work in are civil rights, civil liberties, immigration, personal injury, and human rights. In addition to the fascinating lawyer-profiles, special features include: a special resources chapter to help students determine and follow their career choice; a final chapter with mini-profiles of 3 lawyers who are not practicing law, but for whom their legal training is vital to their work; and short essays by current and former Stanford Law School deans Larry Kramer and Kathleen Sullivan.
Building a Practice (1992-1995) (Table of Contents)
ABA Small Firm Resource Center
Compilation of articles from an array of sources including ABA Journal, Compleat Lawyer, Flying Solo, Focusing on Profitability, and more.
Business Competency for Lawyers (2006) (Table of Contents)
You don't need an MBA degree to run a law firm--but to be profitable, you need to know the basic business principles in this book. You will discover: -Planning for your success -Turning billable hours into collected cash -Building a more profitable firm -Thinking more creatively about The Business of Law.
Business Interruption/Disaster Recovery Part 1 (2008)
Association of Legal Administrators
Business Interruption/Disaster Recovery Part 2 (2008)
Association of Legal Administrators
This Webinar focuses on issues that involve protecting and recovering a firm's records in the event of a disaster. The speakers will discuss where files are and should be stored and some best practices for storing records and files.
Business Method and Software Patents (2012) (Table of Contents)
Morgan D. Rosenberg and Richard J. Apley
Business Method and Software Patents addresses the drafting of business method and software patents in the wake of the U.S. Supreme Court Decision Bilski v. Kappos. Morgan Rosenberg and Richard Apley offer a review and analysis of all relevant case law and guideline presented by the United States Patent and Trademark Office (USPTO). With the use of actual patents filed by the authors, this work provides practical information and guidance on the drafting of successful patent applications.
Careers in Administrative Law & Regulatory Practice (2010) (Table of Contents)
Professor James T. O'Reilly
This book is an essential resource for law students and lawyers interested in a career in administrative law. In the first half of the book, a national expert describes the field, and outlines your optimal entry strategies. The second half offers individual, personalized examples of the various career paths in administrative law, and details the demands and rewards of each.
The "how-to" essays are authored by 19 of the leading law firm practitioners, government agency counsels, federal administrative law judges, non-profit group advocates and legal educators. In plain language, they open your eyes to the many rewarding careers that lie within the administrative law specialty.
This easy to read book covers topics you need to know: how do I enter this field, pre-law preparation, skill sets, advancement and networking. Essays include becoming a lawyer with a work-life balance, becoming an environmental practitioner, becoming an immigration lawyer, becoming a food and drug lawyer, becoming an effective adjudicator, becoming an administrative law judge, and many others.
Careers in Animal Law (2011) (Table of Contents)
One of the fastest growing legal disciplines, animal law is concerned with protecting and improving the lives of animals through city ordinances, state and federal laws, international treaties, and cases that impact animals. Over 100 law schools in the U.S. now offer animal law courses, and more lawyers than ever before are looking to start animal law firms or incorporate animal cases into their practices. The first book of its kind, Careers in Animal Law: Welfare, Protection, and Advocacy will help you: Gain an overview of the field from a practicing animal lawyer and professor of animal law; Forge a successful animal law career with firms of all types and sizes, government agencies, major corporations, or nonprofit organizations; Strike out on your own as a solo practitioner of animal law; Learn career tips from a series of animal-lawyer profiles; and Understand evolving trends in legislation, litigation, and academia that will change the face of animal law in the decades to come.
Law students interested in animal law, seasoned attorneys seeking a new direction, or any lawyer interested in building a satisfying career will benefit from reading Careers in Animal Law: Welfare, Protection, and Advocacy.
Careers in International Law (2008) and (2012) (Table of Contents-Third Edition) (Table of Contents-Fourth Edition)
Salli A. Swartz (Editor)
This third edition of a best seller is an essential resource for law students and lawyers interested in a career in international law, irrespective of age, experience, nationality, residence or practice area. Each chapter is written by an attorney who has made the transition to international law. The authors detail their paths and describe what they work truly entails, including the pros and cons of their positions. Topics covered include: strategies for starting and developing an international law practice; international in-house counsel careers; international law and the public sector; developing a small firm international law practice; networking; and more.
Choosing the Language of Transnational Deals (2011) (Table of Contents)
Patrick Del Duca
Lawyers who make deals across borders and lawyers who litigate them, those interested to learn how to navigate the challenges and opportunities of language as it relates to law, and anyone simply passionate about language, will find this work a bridge to better understanding of how law and language interconnect. Drawing on examples from English-, French-, Italian-, Portuguese-, and Spanish-speaking jurisdictions, this book takes a comparative look (intelligible to non-lawyers) at cross-border secured lending and commercial dispute resolution. It illustrates how governments might best promote languages and economic activity, and how parties to transactions can effectively structure their business to maximize their control of the choice of language in which they deal.
The book integrates investigations of national legal systems, the European Union, the Organization for the Harmonization of Business Law in Africa, and the Community of Portuguese Language Countries, to illustrate the new institutional dynamics through which the languages of transnational commerce and finance are being defined. Maps sketching the global distribution of the languages and legal systems examined underline the potential for profit, growth and integration through attention to the role of language and the passions that it engages.
Client Letters for the Family Lawyer (2013) (Table of Contents)
Mark E. Sullivan
Clients need information when they start working with a family lawyer. How can you best share important information to save their time and yours, while helping to avoid future claims that they were not informed about key issues upfront? Formal client handouts are an invaluable resource for accomplishing both objectives. Client Letters for the Family Lawyer offers practice-tested forms, letters, and checklists that are designed to educate and inform your clients. Sample informative handouts in plain English clearly explain various issues involved in the legal process, while using these checklists and forms are a convenient and logical way to obtain and manage critical client information. Author Mark E. Sullivan makes it easy for family lawyers to adopt this handout strategy in their daily legal practice. The numerous documents in Client Letters for the Family Lawyer cover the most common topics in family law practice, including legal fees, the trial process, adoption, custody, property division, and much more. Many handouts are written in question-and-answer format that is easy for clients to understand. Forms are organized logically for easy use by the lawyer and law firm staff.
Collection, Demand, and Commercial Letters for the General Practitioner (2015) (Table of Contents)
David J. Cook
An engagingly written survey of demand (collections) letters. David J. Cook, author of The Debt Collector’s Handbook, opens the book by describing the purpose of demand letters, the various means of delivery to the recipient(s), the expected outcomes, and tips for writing them. Making Collection, Demand, and Commercial Letters for the General Practitioner an exceptionally useful practice guide, the author then provides dozens of sample letters – letters he himself has used – and follows each example with a pointed commentary.
Colorado Real Property Law (2005) (Table of Contents)
George E. Reeves, Esq.
This work is designed as a treatise on the law of real property in Colorado, with particular emphasis on the aspects of real property law relating to titles and rights in land.
The Colorado Revised Nonprofit Corporation Act—2nd Edition (1997) (Table of Contents)
CBA Act Revision Committee
A CLE of Colorado publication with commentary by the Revision Committee.
The Commercial Litigator’s Job—with CD (2005) (Table of Contents)
Cristen Sikes Rose
If you think that keeping your calendar on an electronic device is a smart move, wait until you try a case in a court that doesn’t allow you to bring it in the building: how can you prepare for that? What should you do if you accidentally send privileged material to opposing counsel? There are also more routine problems: what if a senior lawyer sends you an e-mail that says “draft a set of interrogatories for me in the morning” and you’ve never drafted interrogatories before?
The Commercial Litigator’s Job: A Survival Guide provides helpful tips and instruction on the assignments that litigators are likely to receive in the commercial litigation department of most law firms. This book is not a summary of the law but rather a recipe book for turning out legal work that satisfies the palates of the senior lawyers who give you your work and write your reviews.
Also included on CD-Rom are sample complaints, answer, plaintiff’s proof plan, plaintiff’s discovery plan, certificate of service, interrogatories, requests for production, request for admission, notice of deposition, motion to dismiss under Rule 12(b)(6), motion to compel and more.
Compendium of State Certificate of Title Laws (2009) (Table of Contents)
Alvin C. Harrell (Editor)
Covering all 50 states, this user-friendly Compendium goes beyond a statutory compilation and describes in detail what the certificate of title (CT) laws in each state say, cover, and do, how they work internally and with regard to other laws. This guidebook identifies and describes the applicable certificate of title (CT) law of each state in a convenient format by restating and analyzing those laws. The guidebook acts as a finding aid and a summary of the applicable law, as well as a source that helps lawyers become more familiar with the relevant points at an early stage of the analysis and in an easy-to-read and understand format. The Compendium of State Certificate of Title Laws provides you with an explanation and analysis of often difficult (and loosely drafted) CT statutes. For lawyers who need to research outside of their jurisdiction, this is a great starting point and convenient reference.
The Complete Guide to Divorce Practice (2005) (Table of Contents)
Whether you’re just starting out or want to build up your document library, this proven system is a winning strategy for your family law practice. This complete divorce practice system can easily be customized to fit your jurisdiction and the way you handle cases, providing over 420 documents to efficiently take clients through every step of the divorce process.
This book is so easy to use. It is arranged in the natural order of the divorce experience. It starts with the clients, follows through with the interview, proceeds through trial and ends with prenuptial agreements. Content includes forms, checklists, worksheets, formal motions, orders, pleadings, agreements, and letters in the following areas: Law Office Management, Clients, Client Interview, Complaints, Discovery, Marital Dissolution Agreement, Alternative Dispute Resolution, Trial, Final Decree, Motions, Petitions, Consent Orders, Orders, Miscellaneous Pleadings, Letters, and Pre and Post-Marital Agreements.
The Complete Guide to Divorce Practice - 4th Edition (2012) (Table of Contents)
Larry Rice and Nick Rice
Whether you’re just starting out or want to build up your document library, this proven system is a winning strategy for your family law practice. This complete divorce practice system can easily be customized to fit your jurisdiction and the way you handle cases, providing over 500 documents to efficiently take clients through every step of the divorce practice.
This book is so easy to use. It is arranged in the natural order of the divorce experience. It starts with the clients, follows through with the interview, proceeds through discovery, negotiations, mediation, trial and ends with prenuptial agreements.
Content includes forms, checklists, worksheets, formal motions, orders, pleadings, agreements, and letters in the following areas: Law Office Management, Clients, Client Interview, Complaints, Discovery, Marital Dissolution Agreement, Alternative Dispute Resolution, Trial, Final Decree, Motions, Petitions, Consent Orders, Orders, Miscellaneous Pleadings, Letters, and Pre and Post-Marital Agreements.
The Complete Guide to Mediation, 2nd Edition (2015) (Table of Contents)
Forrest S. Mosten and Elizabeth Potter Scully
Mediation and alternative dispute resolution are a top priority for policy and programs in courts and family law professional organizations. Clients are asking about mediation and expect their family lawyers to be mediation-friendly, knowledgeable and competent. This updated edition is your complete resource for gaining knowledge and skills to attract clients interested in mediation and effective negotiation.
The Constructive Divorce Guidebook (2006) (Table of Contents)
Mark A. Chinn
This book views family trials not as contests to be won or lost, but as challenges for affirmative resolution for all concerned parties. After reading the book, you will be able to help your clients to resolve family disputes in a manner that will lead to long-term results for the families and children of divorce, including: Developing techniques for eliminating or deflecting negative tactics; Creating a framework within which both sides to a dispute feel safe resolving conflicts without damaging the other party; Maintaining civility toward opposing counsel, parties, staff, members of the court system and third parties affected by the dispute; Examining alternative dispute resolution and negotiation tactics and methods that lead to “win-win” solutions and encourage the use of the values and principles learned in our various faiths, which can and should be woven into the fabric of our problem solving; Adopting law practice management methods for the preparation of mediations, trials, and negotiation, which foster civil and courteous conduct; and Implementing behavior analysis and modification for lawyers and other involved in the process.
Contract Drafting; Powerful Prose in Transactional Practice, 2nd Edition (Table of Contents)
Lenne Eidson Espenschied
In fourteen lessons, Contract Drafting serves as a complete how-to guide for lawyers new to transactional practice or for more experienced lawyers looking to reinforce their skills. This clearly written guide explains how the drafting process works; how transactional lawyers work from prior documents to produce effective and complete legal documents that protect the client’s interests. It is a supremely practical guide that is straightforward and to the point, organized for ease of use and full of important tips and techniques. In addition to the fundamentals, Contract Drafting: Powerful Prose in Transactional Practice also covers advanced drafting techniques for avoiding ambiguity by making better word choices, crafting strong sentences, and eliminating contextual ambiguity. With this book as a resource at their fingertips, a contract drafter will be well equipped to create powerful, to-the-point prose in transactional practice.
Convincing the Judge (2008) (Table of Contents)
Cecil C. Kuhne
Learn what judges like and do not like and how to deal with the judge throughout the entire litigation process. This book distills the advice of judges to practitioners appearing in their courtrooms and provides practical advice on case management, all phases of trial, and appeals. It also explains the judicial role and suggests tips for dealing with a difficult judge.
Creating Winning Trial Strategies and Graphics (2015) (Table of Contents)
G. Christopher Ritter
Creating Winning Trial Strategies and Graphics, Second Edition provides direction to create compelling graphics that strengthen courtroom arguments and maximize opportunities to persuade judges and juries. The process also clarifies and develops essential themes and other tools that jurors need so they can effectively evaluate, retain, and understand complex issues, making it easier to convey information in an organized, clear, and convincing manner. From how the rules of evidence apply to trial graphics and what kind of graphics work best, this easy-to-read guide takes you step-by-step through the graphics process--steps you can follow to simplify your case by filtering out what is distracting or unimportant. The process also clarifies and develops essential themes and other tools that jurors need so they can effectively evaluate, retain, and understand complex issues--making it more simple to convey information in an organized, clear, and convincing manner.
The Corporate, Securities, and M&A Lawyer’s Job (2007) (Table of Contents)
Daniel Lee and Matt Swartz
Busy, experienced deal lawyers do not always have the time to teach new deal lawyers the basics. This guide is a head start on those lessons, speeding the learning of everyone who uses it. New corporate lawyers are assigned a number of tasks for which law school provides no preparation. For example: How should you organize and execute the closing of a transaction? What are the main components of an acquisition agreement? How should you conduct and report a due diligence investigation? What are the basics of drafting board minutes and resolutions? What are the key documents of a venture capital financing and how do they work? What tasks should you expect to receive if you are assigned to work on a public securities offering? These and many other issues are addressed in this guide.
The Creative Lawyer (2007) (Table of Contents)
Michael F. Melcher (Michael Francisco)
The Creative Lawyer is a self-help book for lawyers. It is a practical, fun, inspirational guide to building and maintaining a life that is personally and professionally satisfying. The book responds to a huge and completely unsatisfied need: the desire of lawyers to be more fulfilled, by showing how lawyers can design an optimal career and life that corresponds to who he or she actually is.
The Criminal Lawyer’s Job (2006) (Table of Contents)
Amber L. St. Clair
You don’t want to take a criminal case unless you have this book! The Criminal Lawyer’s Job was written from the trenches by a practitioner with over 100 trials under her belt and “not guilty” verdicts in cases involving murder, rape, sex crimes, drugs and DUI, among others. It is an excellent resource to guide you along the journey of representing an individual who is alleged to have committed a crime. It provides valuable “how-to” advice on performing the actual tasks of a criminal defense lawyer, from taking the initial client meeting to picking a jury and trying the case. It is not intended to be a summary of the law, but rather a cheat sheet. It is a guide that most senior criminal defense attorneys wish they would have had before they tried their first few cases.
Direct Examination (2010) (Table of Contents)
Jill Eckert and Kathy Morris
The pursuit of happiness is an unalienable right, but one that not all lawyers exercise as they work day in and day out to protect the life, liberty and interests of their clients.
Now, an easy-to-use workbook helps bring attorney career planning into focus, with exercises from and insights of long-time legal career counselor Kathy Morris, and her colleague, Jill Eckert, J.D./M.B.A., legal Career Specialist of the ABA Career Resource Center.
Do No Wrong (2009) (Table of Contents)
Peter A. Joy and Kevin C. McMunigal
Criminal law practice is a minefield of legal ethics issues for both the prosecution and defense. There are a myriad of ethical questions requiring not only an understanding of the relevant ethics rules, but also applicable constitutional and statutory law as well as rules of criminal procedure and evidence. This book aims to put these and other ethical questions on the “radar screens” of criminal practitioners and to provide both prosecution and defense with the analysis and authorities necessary to understand the issues and underlying policies.
Drafting Wills, Trusts, and Other Estate Planning Documents (2006) (Table of Contents)
Kevin D. Millard
As an attorney, you communicate with your clients not only through phone calls and e-mail, but also through the documents that you draft for them. Drafting clear, well-written documents is critical for the success of any attorney, but particularly for trusts and estates lawyers—after all, the lawyer is speaking on behalf of the client and stating what the client wants to have happen at the time of death or disability.
Legal drafting is not a skill that can be mastered in law school; it is an ongoing process that requires attention and continuous refinement throughout your legal career. Drafting Wills, Trusts, and Other Estate Planning Documents can help you take the first steps toward improving your legal drafting skills and teach you new writing habits that will result in better documents.
In addition to addressing issues of style, organization, grammar, and the appearance of the document, the book specifically teaches you how to adapt language from existing legal forms and refine it for use in your practice. The final chapter includes several estate planning documents, with annotations explaining how the author has incorporated the suggestions in this book to create clearer, more concise legal documents—and ones that still meet the needs of clients, other attorneys, and the courts.
The Dynamics of Conflict Resolution (2000) (Table of Contents)
Bernard Mayer, an internationally acclaimed leader in the field of conflict resolution, has written an essential guide that shows how successful mediators, facilitators, and negotiators draw on their creative internal process to resolve conflicts. Offering lessons on how to think beyond the tactics and methods of conflict resolution, and how to apply core values, a strong conceptual foundation, and a clear focus, The Dynamics of Conflict Resolution presents powerful concepts for becoming a more effective negotiator, facilitator, and mediator.
The Effective Estate Planning Practice (2001) (Table of Contents)
This book is intended to be a technician’s handbook as well as a legal resource. Practical methods for streamlining the estate planning practice and for using procedures and systems so the drafter may spend less time on the mundane, repetitive tasks of estate planning have been included. This frees up time for personal interaction with clients and for the intellectually stimulating aspects of designing a customized plan for the individual client.The availability of computers, the increasing demand for quality estate planning services and the sophistication of today’s estate planning clients creates unlimited potential for personal, professional and financial growth for the estate planning professional. Answers to estate planning questions and techniques with which to apply substantive law are required to take full advantage of the opportunities available. This book will provide both substance and technique.
The Electronic Evidence and Discovery Handbook (2006) (Table of Contents)
Sharon D. Nelson, Bruce A. Olson, and John W. Simek
E-Discovery and the use of electronic evidence has increased dramatically over the past few years, but many lawyers still struggle with the complexities of dealing with electronic information. This comprehensive book provides lawyers with the templates they need to develop an effective E-Discovery strategy, and to frame appropriate E-Discovery requests. In addition to the ready-made forms, the authors also supply helpful information and commentary to bring you rapidly up to speed in the electronic discovery field. The accompanying CD-Rom features over 70 forms in Word format. Also included is an extensive electronic case digest with over 200 cases summarized!
Click HERE to read a review by Jessica H. Miller in The Colorado Lawyer.
Emerging Companies Guide (2005) (Table of Contents)
Robert L. Brown and Alan S. Gutterman (Editors)
This book attempts to bring together current thoughts on how to establish, organize, develop and eventually sell an emerging company. Over 15 chapters, we have tried to address basic organizational issues, tax and non-tax planning issues, employment issues, as well as how to grow the business through distribution, licensing and sales. We have also included chapters on protecting your intellectual property rights and how to handle media and public relations.
Employment Law Update (2008)
Association of Legal Administrators
Entertainment Careers for Lawyers 3rd Edition (2014) (Table of Contents)
William D. Henslee
Entertainment law is a popular area of study for law students and a desired career path for practitioners. Yet the glamour of working with actors, production companies, musicians, writers and others to create works of art comes with long hours, hard work and fierce competition for jobs. “Entertainment Careers for Lawyers, Third Edition,” now available from the American Bar Association, will dispel many of the myths surrounding the practice and help lawyers and law students gain an understanding of the realities of entertainment law.
Estate Planning and Taxation in Colorado (2007) (Table of Contents)
Peter B. Scott and Karen L. Brady
Our legal system presumes that people will choose the manner in which their property is transferred at their death, and residents of the United States have relatively unlimited opportunity to direct the transfer of their property. As an estate planner, you can use your expertise and experience can help your clients navigate their way through this seemingly vast universe or choices. This book is designed to add to your expertise.
Click HERE to read a review by Natalie L. Decker in The Colorado Lawyer.
The First Trial (1982) (Table of Contents)
Steven H. Goldberg
The First Trial Nutshell is a fresh and unique approach to advocacy instruction. Concentrating on the overall approach to trying a case, it weaves persuasion and procedure to help lawyers and law students prepare for their first trials with confidence. Addressing everything from technology to where to sit and what to say it meshes the practical advice and how to instructions with sophisticated persuasive techniques. Small enough to be read in a single sitting, this book will serve as the perfect first primer and a continuing resource for experience litigators to read again before trial.
The Forensic Accounting Deskbook (2011) (Table of Contents)
Miles Mason, Sr., JD, CPA
Forensic accounting can help family lawyers win case and help their clients keep money which might otherwise be taken from them by the difficult and confusing divorce process. To help you understand the practice of forensic accounting and business valuation and apply it to your family law cases, The Forensic Accounting Deskbook provides a basic introduction to the core financial concepts in divorce, such as asset identification, classification, and valuation, income determination, and expenses.
Writing in a clear, accessible style, author Miles Mason, both an attorney and CPA, gives step-by-step explanations of these "how to" mechanics and also explores higher-level strategic concerns appropriate for high-asset and high-conflict cases. He connects the dots and fills in the gaps among the interrelated topics involved in divorce, from methodology to testimony.
Forms, Checklists, and Procedures for the Family Lawyer (2010) (Table of Contents)
Mark A. Chinn
This manual is designed to take the reader through the family law process from beginning to end. It is divided into chapters such as “Client Intake,” which deals with client intake and file set-up, and “Litigation,” which deals with everything from the filing of the complaint, to temporary hearings, to answering discovery. It is hoped that the division into chapters will allow you to locate the desired form quickly and easily. In addition, the index is designed to provide the user with a quick reference to find a needed form or checklist.
Gay, Lesbian, and Transgender Clients (2008) (Table of Contents)
Joan M. Burda
This book provides an introduction to lawyers and their clients to the legal landscape, as it relates to lesbian, gay and transgender persons today and provides the opportunity to look at issues from the perspectives of those persons. In addition to case law, statutes and a discussion of legal issues, this book also introduces the reader to people who make up the lesbian, gay and transgender community and their common issues. It will assist you in developing new ideas of what is possible in your jurisdiction, and identify the legal issues to be successfully challenged. The book is accompanied by a CD-Rom with all of the forms for easy customization.
Gerald Le Van
Getting to Win-Win in Family Business is divided into two parts: Part One, Uncovering the Issues, exposes the most common problems facing family businesses. Part Two, Making it Work, helps point the way towards your solutions. Woven through both parts is a hypothetical family business, JacMar Corporation. JacMar is a successful first generation entrepreneurial company. The hypothetical family Jack the founder, Margaret his wife, their three children, Jack Jr., Frank and Karen and the children’s spouses, Judy, Frances, and Kenneth, are representative of families we have encountered.
Going to Trial (1992) (Table of Contents)
Daniel I. Small
A classic reference with accessible and proven advice on how to better prepare for trial, from the first client interview to closing argument including numerous procedures, checklists, forms, and worksheets.
The Handbook for Divorce Valuations (1999) (Table of Contents)
Robert E. Kleeman, Jr.; R. James Alerding; and Benjamin D. Miller
The Handbook for Divorce Valuations is a comprehensive, practical handbook that covers every aspect of the CPA's role in divorce proceedings. It offers clear and detailed coverage of everything from the impact of state law on the practice to the applicability of various valuation methodologies, from establishing valuation credentials to marketing the divorce practice in a highly competitive environment. The authors, who have a combined total of 50 years' experience in divorce practice, lead the reader through each step of a divorce engagement. They recommend the most practical and efficient methods of addressing each issue and point out hazards and potential difficulties along the way. They also explain why and how business valuation in divorce practice differs from valuation in other situations, and they examine the intricacies of data collection and analysis, discounts and premiums, preparing for depositions and trials, and much more.
How the New Health Care Law Will Affect Your Business (2010)
Association of Legal Administrators
Frank McArdle and Ken Sperling
The health-care reform bill has made history. But how will this landmark bill affect you and your business? Get the facts and find out exactly how your business will be affected; what you need to do today; the timeline for compliance in the future and what challenges your company may face down the road.
How to Build a Real Estate Law Practice (2015) (Table of Contents)
Beginning and building a real estate law practice offers many advantages: the underlying law changes relatively slowly while offering a satisfying opportunity to develop a base of steady clients and professional relationships. How to Build a Real Estate Law Practice focuses on the steps and lessons for attorneys who specifically want to practice real estate law, and offers practice tips and strategies along the way. This book offers useful advice and guidance, whether you are in your first years of practice and are just starting to focus on real estate as a legal practice, or if you’ve already started in the area. Author Dean Alterman, a veteran real estate attorney, shares valuable pointers that you can incorporate into your daily practice as well as for your long-term business plan.
How to Build and Manage a Family Law Practice—with CD (2006) (Table of Contents)
Mark A. Chinn
Tips, strategies, tactics, forms, and real-word advice for starting - or building - a family law practice. Written by a successful and happy family lawyer, this book explains the skills and knowledge necessary to thrive in a challenging area of the law. It takes a no-nonsense approach in explaining the most critical issues for developing a successful career. Examples and practice tips show how to gain experience, understand the business aspects of a practice, develop and maintain the ideal client mix, and manage staff and finances. CD-ROM with forms and related materials is included.
Click HERE to read a review by Todd A. Stahly in The Colorado Lawyer.
How to Build and Manage a Personal Injury Practice - 2nd and 3rd Editions (Table of Contents - 2nd Edition) (2006) (Table of Contents - 3rd Edition) (2012)
K. William Gibson
Written by an experienced and successful personal injury lawyer, this newly revised edition is ideal for lawyers starting a personal injury law practice, and for current practitioners interested in improving their practice. This book discusses the basic differences between personal injury law and other types of law practice, and provides guidance for avoiding common pitfalls. You’ll also find information on planning for a personal injury practice; deciding whether to go solo or form a partnership; marketing and financing the practice; interviewing clients; keeping clients happy; managing the workload; choosing office space and equipment; and much more. In addition, an accompanying CD-Rom includes worksheets, flowcharts, checklists, and “fill-in-the-blank” forms.
How to Build and Manage an Employment Law Practice (1997) (Table of Contents)
This guide provides practical advice on running an employment law practice. It covers situations ranging from the initial client consultation to the pros and cons of solo versus group practice. Samples of common letters and agreements used in employment law are included.
How to Build and Manage an Entertainment Law Practice (2001) (Table of Contents)
Written by Gary Greenberg, an entertainment law lawyer since 1986, this book will help lawyers and other legal professionals build and manage an entertainment law practice.
This book is perfect for lawyers and other professionals looking for a resource that will shorten the learning curve for building and managing an entertainment law practice. This book addresses a variety of issues critical to establishing a successful entertainment law practice, and discusses the basic difference between entertainment law and other types of law practice and provides guidance for avoiding common pitfalls.
Lawyers considering entertainment law practice, as well as those already practicing, will benefit from the guidelines, tips, and examples presented throughout this book. Of particular value is the author’s extensive experience and his discussion on networking and finding new clients.
How to Build and Manage an Environmental Law Practice (2000) (Table of Contents)
Stuart L. Somach
Through practical examples and explanations, this volume explores how to build and manage an environmental law practice. It covers: the specialized business aspects of environmental law practice; developing and maintaining the ideal clientele mix; and the technology, tactics and tools needed.
How to Build and Manage an Estates Practice (2008) (Table of Contents)
Daniel B. Evans
This guide is logically organized to lead the attorney through the essential stages of developing a specialty practice such as an Estate Practice. It includes everything an attorney needs to know including how to manage workload and staff and much more.
Click HERE to read a review by Ben Leutwyler in The Colorado Lawyer.
The IP Licensing Lawyer’s Job (2008) (Table of Contents)
Jim E. Bullock
This practical guide will help attorneys new to intellectual property law demystify the intellectual property license. It reviews each of the basic issues applicable to all licensing agreements and provides an outline to assist in reviewing any intellectual property issues. It provides answers to questions such as: Why is the intellectual property being licensed? Who is authorized to possess and use the intellectual property? For how long may the intellectual property be used? How may the intellectual property be used? Where may the intellectual property be used?
The Labor and Employment Lawyer’s Job (2007) (Table of Contents)
Dipanwita Deb Amar
This Guide gives basic direction on assignments that new labor and employment lawyers are likely to receive. It also provides tips for honing in on the precise questions that need to be asked--whether of another lawyer in one's firm or an outside entity--and devising a framework for addressing them. Divided into three parts, it covers: 1. Preliminary Matters -- issues that might arise before an employment matter becomes a court action. 2. Employment Litigation -- major issues that frequently recur, but are not always recognized or property treated. 3. Substantive Law -- areas that you are likely to encounter in the practice of labor and employment law.
Landing a Federal Legal Job (2011) (Table of Contents)
Richard L. Hermann
The U.S. government is the largest legal system in the world and employs lawyers in an innumerable variety of legal jobs. When seeking government legal work, you need a thorough understanding of the many positions throughout the different departments and branches to find the right fit for you. You also need to be able to decode the mysteries surrounding the federal legal application and employment. Landing a Federal Legal Job is designed to give you the edge in pursuing a U.S. government attorney or law-related position over your competitors, but also to provide a solid understanding of the U.S. government's legal employment opportunities and hiring processes so that you can make an intelligent decision about whether you want to work for--and where you want to work within--this giant legal system.
A Lawyer’s Guide to Estate Planning (2004) (Table of Contents)
L. Rush Hunt and Lara Rae Hunt
This book is intended to provide a helpful introduction to the basics of estate planning. It is written with an eye toward the needs of general practitioners and those who are seeking to develop a specialty in the estate-planning field. For this reason, the text is written in a user-friendly manner that provides basic text treatment of the subject along with cautions, examples, and planning pointers clearly denoted throughout the book. The cautions point out problem areas that must be considered to avoid an unwanted tax or other problem. The examples supplement the text and illustrate the point being discussed. The planning pointers show how to use the tax laws to benefit the tax and other planning needs of your clients. Also included on CD-Rom are numerous will and trust forms.
The Legal Guide for Small Business (2000) (Table of Contents)
American Bar Association
The ABA Legal Guide for Small Business is the complete and easy guide to understanding the small-business owner’s legal responsibilities and options. This guide takes you from the day you start your business right through to the day you sell it or retire:Getting Started: funding, financing, insurance, location. Types of Business Organizations: sole proprietorships, partnerships, corporations, limited liability, options: Franchising: tips for evaluating opportunity, franchise agreements, buying a business
Employees: hiring, laws affecting employees and employers, terminating employees, maintaining a safe business, dealing with customers, extending credit. Running the Business: contracts, special terms and strange clauses, contract disputes, scams, protecting intellectual property rights. Taxes: business taxes, state and city taxes, knowing your rights. Possible Endings: getting a lawyer, retirement, selling a business. Getting Help When You Need it: knowing when you need legal help, choosing a business lawyer, how to get more information. The American Bar Association is the country’s best source of legal expertise and authoritative information. Presented in plain, everyday language, The ABA Legal Guide for Small Business is the definitive legal reference for all small-business owners and potential owners who want and deserve to understand their rights.
Letters for Bankruptcy Lawyers (2005) (Table of Contents)
Marc S. Stern and Joel Pelofsky
Letters for Bankruptcy Lawyers: Essential Communication for Clients, Creditors, Opposing Counsel and Others is written for every lawyer who practices or advises clients on consumer bankruptcy law. It contains the critical letters and forms you need to comply with the changes made by the new bankruptcy law. BACPCA is a very long, very detailed Act, and it goes to unprecedented lengths to prescribe the way counsel will practice and bankruptcy cases will be administered.
The letters and forms in this book are written to comply with the requirements of the new law.
As a legal document, a letter memorializes a position or request and does so in a non-confrontational manner. It also shifts the burden of going forward to the other party. Letters should be a key part of your bankruptcy calendar checklist. Especially in the bankruptcy practice, meeting deadlines is critical to the success of your representation.
Letters for Divorce Lawyers (2006) (Table of Contents)
Martha J. Church
Frequent, effective written communication with clients is vital to the successful practice of law. Letters for Divorce Lawyers is a unique collection of sample letters to simplify your divorce law practice. Lawyers who do divorce work need protection—and files filled with letters can provide some of this protection. Your clients expect you to be responsive, efficient, and cost conscious. Letters for Divorce Lawyers will help ease the task of effective communication. This new guide is set up chronologically following the usual life of a typical divorce case. It contains valuable, easy-to-conform form samples including letters for: initial client contact, declination, retention letters and employment contracts, billing, withdrawal, pleadings transmittals, financial, discovery, depositions, scheduling, mediation, trial, settlements, closing matters, prenuptial agreements, and more.
Letters for Litigators (2004) (Table of Contents)
Daniel I. Small and Robin Page West
Save time and simplify your office routine! This publication includes numerous letters that can help simplify the task of communicating with opposing counsel, witnesses, clients, the court and others. As an added benefit, all letters contained in the book are also included on CD-Rom.
As electronic communication via quick e-mails and voice mail become the norm, paper letters the exception, it becomes increasingly important not to lost sight of the importance of documenting the file and maintaining a professional tone. These letters simplify and expedite this effort, whether they are sent in paper form or via e-mail. Don’t reinvent the wheel, start with these letters instead.
Letters for Small Business Lawyers (2008) (Table of Contents)
Jean L. Batman
A huge portion of the U.S. economy is comprised of small businesses. To prosper in this market segment, an attorney must consistently produce effective communications to retain existing clients and pave the way for referral business. This book offers letter templates, forms and advice for the many attorneys who represent, or wish to represent, small businesses.
Life After Death (2005) (Table of Contents)
Marilyn W. McWilliams
If you are faced with the death of your spouse, there are many important questions you must answer during an already difficult time. Should you sell your house? Will you be able to collect your spouse’s Social Security? How long will it take to probate the estate?
LIFE AFTER DEATH offers widowed persons a practical guide for dealing with the legal, financial, and social aspects of life in the aftermath of a spouse’s death. Attorney Marilyn McWilliams not only addresses the key issues that should be a part of every couple’s estate plan, but also details the steps to take in the event of a spouse’s death—including planning the funeral, handling probate and estate administration, reacclimating to social life, and making financial plans for the future.
This compassionate and straightforward book is designed to help surviving spouses make better plans—and better decisions—in the case of this life-changing event.
Click HERE to read a review by Carrie L. Ciliberto in The Colorado Lawyer.
Life and Death Planning for Retirement Benefits (1999) (Table of Contents)
In this book Natalie B. Choate provides the information practitioners need to deal with their clients’ retirement plans and IRAs. The only book about retirement benefits written specifically for estate planners, Life and Death Planning for Retirement Benefits explains the rules, then reviews the options for dealing with all the most significant taxes, regulations and client fact patterns-in both “planning mode” and “cleanup mode. The detailed yet easy to read text-with citations is followed by case studies, checklists, forms and tables, enabling you to avoid costly mistakes and plan with confidence for your client’s retirement assets. (Table of Contents)
Natalie B. Choate
The Little Book of Skiing Law (2013) (Table of Contents)
Cecil C. Kuhne III
Skiing, snowboarding, tobogganing, and other types of snow sports attract an affable and interesting melage of people. But all glamour and eccentricities aside, skiing can be--how you say it?--dangerous.Because all skiers know the sport is somewhat hazardous, the thorny question the courts wrestle with is whether the particular risks the skier is about to encounter have been voluntarily assumed. For instance, is falling down an unmarked ravine near a ski run an "inherent danger and risk" of skiing?There are also much more novel and diverse legal questions surrounding skiing than one might imagine, including whether the Utah tourism bureau can freely use the phrase "The Greatest Snow on Earth" without offending the venerable circus trademark. And then, of course, there are the more amusing moments on the slopes, like the flight attendant who on a layover day was injured while skiing and then applied to the airline for workers compensation, and the skier who parked illegally, had her car towed, then stealthily "reclaimed" the car from the impound lot without paying--and who claimed indignantly that her constitutional rights were violated.Many more equally interesting controversies are covered in The Little Book of Skiing Law, arising from such alluring ski resorts as Aspen, Vail, Copper Mountain, Snowbird, Jackson Hole, Killington, and Stratton Mountain.
Making Mediation your Day Job (2009) (Table of Contents)
Tammy Lenski, Ed.D.
Making Mediation Your Day Job is the definitive guide for any mediator operating or even considering a private practice. Tammy Lenski, Ed.D. demonstrates how proven marketing techniques can help you create a mediation practice with minimum stress and maximum success.
Lenski is a full-time mediator who has maintained a thriving practice for more than a decade. She explains in careful detail how common mediation concepts—including interests, framing, and dialogue-building—can be applied not just at the mediation table but also in marketing and promoting yourself successfully in a fascinating and growing field.
In this in-depth and thoughtful guide, Lenski delivers all the steps necessary to build and market a successful private practice in mediation, such as how to: Choose a market that speaks to your passion; Uncover and meet your market’s greatest needs and interests; Build dialogue with potential clients; and Leverage the Internet to expand your networking opportunities.
Lenski’s time-tested principles and encouragement will help mediators embrace marketing with renewed energy, rather than trepidation. It proves that mediators can use their own knowledge of mediation process and principles to market their services in an ethical, effective manner.
The Making of a Mediator (2000) (Table of Contents)
Michael D. Lang and Alison Taylor
In this essential resource, expert mediator and teacher Michael Lang outlines his innovative model of artistry in professional practice that results from the understanding of and connection between reflective practice and interactive process. Together with Alison Taylor, they have created a landmark book that offers conflict resolution professionals the theories, principles, practices, and ideas for developing true artistry in mediation.
Mastering Voir Dire and Jury Selection (2005) (Table of Contents)
Jeffrey T. Frederick
This new and expanded edition by one of the nation’s most experienced trial consultants goes beyond other books on jury selection and focuses on the skills needed to conduct effective voir dire and jury selection, ultimately improving your chances of a favorable verdict at trial. This new edition updates and expands discussions of developing voir dire questions, good questioning techniques and skills, reading jurors’ nonverbal behavior, successfully overcoming common problems encountered during voir dire, the use of juror questionnaires, and overall jury selection strategies. Also new is user-friendly, completely searchable, CD-Rom containing more than 70 juror questionnaires from criminal and civil trials.
Terence F. MacCarthy
Learn how to manage and effectively minimize the witness’s involvement, without appearing controlling, extracting and insulting. Discover how to use effective short statement and make the witness affirm everything you say. Filled with illustrative cross-examinations from actual cases, this book is your key to employing these proven cross-examination techniques in your own practice.
McElhaney’s Trial Notebook (2006) (Table of Contents)
James W. McElhaney
A perennial best seller, Trial Notebook exemplifies Jim McElhaney’s gifts as a writer and teacher on trial practice. His writing is clear, graceful, and entertaining, and it sticks in the mind. He knows his subject better than anyone, both as a practitioner and a professor (though there is no academic dust on these pages). The result is articles that litigators want to read, can understand, will enjoy, and can use daily in court.
Mediation Career Guide (2001) (Table of Contents)
Forrest S. Mosten
In this definitive guide, Forrest Mosten—an internationally recognized mediation expert—helps would-be mediators answer the critical question “Do I have the values, skills, personality, and commitment necessary to mediate?”
Step-by-step, Mosten helps aspiring mediators tackle such difficult decisions as whether or not to go to law school and how to choose the right academic conflict resolution programs. Throughout the book, he shows how to create a unique mediation “signature” based on personal vision, define potential markets and needs, and develop a mediation-friendly office and staff. He also explains the nuts-and-bolts of a mediation practice and describes how to launch and maintain a private practice, create a viable business plan, and manage the budget of capital/time investment and operating expenses. A comprehensive resource, the book also explores a wealth of timely topics including the need to establish standards of the profession, how to maintain confidentiality, the pros and cons of co-mediation, and the place of mediation in the process of court and law reform.
Straightforward and reader-friendly, the Mediation Career Guide is filled with practice tips, self-surveys, diagrams, reading resources, a list of training programs and volunteer opportunities, budget forms, and model standards of conduct. This hands-on resource is designed to make the challenging journey of becoming a peacemaker a one-step-at-a-time manageable process.
The Mediation Process 3rd Edition (2003)
Christopher W. Moore
Since it was first published in 1986, The Mediation Process has become a landmark resource for mediation practitioners, trainers, students, and professionals in corporate, legal, health care, education, and governmental arenas. This thoroughly revised and expanded third edition has been updated to include coverage of the most contemporary issues in mediation practice and to provide updated bibliographical resources.
Mediation Representation, Advocating in a Problem-Solving Process (2004) (Table of Contents)
Harold I. Abramson
Recipient of 2004 Book Award of the CPR Institute for Dispute Resolution. Abramson begins by discussing how to be an effective negotiator. Mediation, he reminds us, is simply a continuation of the ongoing negotiation. He then explores the mediation process from the vantage point of an advocate, focusing on the different stages of mediation, the function of opening statements, the use of joint sessions and caucuses, and the various approaches and techniques of mediators. The next five chapters cover the knowledge and skills needed to effectively perform four specific roles in mediation representation: advising your clients about the mediation option, negotiating an agreement to mediate with other attorneys, preparing cases and clients for the mediation session, and appearing in the pre-mediation conferences, mediation sessions, and post-sessions. The final chapter presents alternative processes for resolving any remaining issues in the event that the mediation does not result in settling all the issues.
The Mediator’s Handbook (2000) (Table of Contents)
John W. Cooley
Regarded as a practical and usable guide for the classroom and the conference room, The Mediator's Handbook, Second Edition, covers the topic of mediation with unrivaled diligence and clarity. The Mediator's Handbook is used by practitioners, educators, and non-lawyer mediators alike because the book views mediation from an advanced level, but presents the issues in a usable format.
The Military Divorce Handbook (2006-1st Ed.) (2011-2nd Ed.) (Table of Contents-1st Ed.) (Table of Contents-2nd Ed.)
Mark E. Sullivan
Practicing in this area can be challenging and rewarding. Knowing how to do it well marks the difference between merely adequate (or sometimes inadequate) representation and excellence, and often will make a significant difference in the life of the client involved. The purpose of this book is to assist the civilian lawyer on the journey to that standard of excellence. Numerous Practice Tips are included to illustrate important points, and detailed information is provided for the practitioner on where to go for more information.
Click HERE to read a review by John E. Kirchner in The Colorado Lawyer.
Multidisciplinary Practice (2001) (Table of Contents)
Gary A. Munneke and Ann L. MacNaughton
At its simplest levels, MDP involves providing services through multi-professional offices, offering joint service delivery among lawyers and other professionals—one-stop shopping for the client. The concept also raises questions about ethics for lawyers, such as sharing of fees with non-lawyers, ownership of law firms by non-lawyers, interference with lawyers’ independent judgment, as well as others. Those firms that understand the nature of this change will be better positioned to adapt and benefit financially from the trend. Multidisciplinary Practice: Staying Competitive and Adapting to Change pulls a wealth of material together on the MDP trend, and offers practical suggestions on how lawyers should cope with the developments. This book is an anthology of articles and information that address the real questions on MDP that will affect law practice day to day.
Nine Principles of Litigation and Life (2009) (Table of Contents)
Michael E. Tigar
The principles, each of which has a chapter of its own are: courage, rapport, skepticism, observation, preparation, structure, candor, empowerment, and presentation.
Practice Points for Trial Lawyers: A View From Both Sides of the Bench (2015) (Table of Contents)
Judge Mark A. Drummond
This book is designed for those who are or aspire to be trial lawyers, and those who are actually preparing to try cases. Judge Mark A. Drummond’s experience includes 20 years in front of the bench trying cases and another 15 years on the trial bench, which gives him a unique perspective. In addition, for 30 years Drummond has trained advocates from Tasmania to Tanzania, from Boston to Beijing. That includes large and small firms, corporations, the National Institute for Trial Advocacy, the U.S. Department of Justice, the Attorney General's offices for Illinois and New York, and the Department of the Navy. This collection of short works offers Judge Drummond’s perspective and practice points on trial preparation, jury selection, trial presentation, witness examination, and professionalism, as well as the shared wisdom of leading trial lawyers across the country.
Preparing Witnesses (2004) (Table of Contents)
Daniel I. Small
This book has been expanded with over 10 new chapters including: The Party Witness, The Expert Witness, The Physician as Witness and the Criminal Defendant. The book also contains real-world examples and clearly planned exchanges illustrating key points for witnesses to remember. With this book’s sage advice, you’ll improve your witness preparation skills to help your client perform as an asset to your case and learn the most effective ways to teach your client basic principles of testifying. Includes CD-Rom with all appendix material. Click HERE to read a review by Mark Cohen in The Colorado Lawyer.
From business law to entertainment law, from criminal law to employment law, social media continues to touch upon many facets of the legal field--any savvy lawyer should have a working knowledge of the social media questions that may arise in their practice, and know where to find precedent and answers. Social Media Law examines social and new media issues through the lens of law and policy. With the recent explosion in social networking and the use of social media and new media, it is essential for attorneys and law students to understand the trends in these new platforms when advising clients of the potential risks and pitfalls of social media and social networking use. If you are even remotely involved or interested in the legalities of social media you need this exhaustive textbook!
Hal Wright, CFP
Comprehensive Special Needs Planning integrates life, resource, financial and legal planning into a practical plan of action. Its purpose is to assure an adult with a disability a place in the community appropriate to their needs, capabilities, financial resources, and most importantly-their hopes and dreams. This book will help you envision a brighter future for someone with a disability and how to get there. This book will help individuals plan for themselves and families to plan for a child, sibling or parent.
Spoilation of Evidence (2000) (Table of Contents)
Margaret M. Koesel, David A. Bell, and Tracey L. Turnbull
This book is not a treatise; rather, it is a guide for the litigation practitioner faced with the loss of evidence in a civil suit in a state or federal court. Among other key topics, the authors discuss record-keeping obligations, the duty to preserve evidence, sanctions and other remedies for spoliation. In addition, the authors provide a brief analysis of the current state law and the law of each federal circuit to facilitate the practitioner’s ability to locate key cases in his or her jurisdiction.
Starting an IP Law Practice (2012) (Table of Contents)
Ann M. Mueting
If you think you want to start your own intellectual property law firm, there are important questions you should answer that you may never have considered. Do you want to practice out of your basement, in your slippers, with your dog nearby? Or do you want to develop a specialized IP law practice within a large law firm? Start by asking yourself: 1.) Are you ready to work the long hours needed? 2.) Do you have a high tolerance for risk? 3.) Do you have both the drive and patience to see it through? 4.) Do you have the business savvy to run a practice? 5.) Do you have the time necessary to build a business? 6.) Do you have the self-respect to make mistakes and live through it? 7.) Can you face failure and survive? Starting an IP Law Practice will help you ask many of the not so obvious questions, evaluate your options, and decide what is best for you as you embark on the adventure of developing your own IP practice. Valuable case studies illustrate what practitioners like you have faced in setting up various types of practices focused on intellectual property in a variety of settings. These real-world examples cover all aspects of starting an IP practice, including acquiring an office, equipment, and staff; getting--and keeping--clients; methods for establishing fees; accounting practices and procedures; and managing the practice, office, staff, and employee benefits. It's time you got serious about whether starting your own practice is the right thing for you.
State of Criminal Justice 2006 (Table of Contents)
Victor Streib (Editor)
This volume provides a snapshot of key criminal justice issues as of 2006. Organizing the breadth and depth of these issues is a daunting task, and we have chosen to do so according to the various divisions within the Criminal Justice Section. Following are summaries of the contributions of each of these divisions and their constituent committees, task forces, and other working groups.
Third-Party and Self-Created Trusts (2002) (Table of Contents)
Clifton B. Kruse, Jr.
Professor Austin Scott’s great treatise, The Law of Trusts, was first published in 1939 in four volumes. Its most recent transcription is authored by William F. Fratcher, and since his death in 1992, it has been supplemented by Mark L. Asher and currently appears in twelve volumes annually supplemented. It is indeed a rare treatise and a seminal one for all persons counseling others on the intricacies of trust law. Third-Party and Self-Created Trusts is much less ambitious than Halbach’s and Scott’s work, but this third edition, still a single volume and distinctly less monumental in coverage than Halbach and Scott, describes comprehensively the effect governmental legislations has had on trust law in this country. In particular, it describes the effect of the Omnibus Budget Reconciliation Act of 1993 (OBRA 1993) on trusts for older and disabled Americans.
The Unexpected Legacy of Divorce (2000) (Table of Contents)
Judith S. Wallerstein
The Unexpected Legacy of Divorce should be essential reading for all adult children or divorce, their lovers, their partners, divorced parents or those considering divorce, judges, attorneys, and mental health professionals. Challenging some of our most cherished beliefs, this is a book that will forever alter how we think about divorce and its long-term impact on American society.
Vouching (2008) (Table of Contents)
Donna Lee Elm
What are those "proper bounds" when arguing credibility of witnesses? Specifically, what is "vouching?" Although ethics rules are explicit and firm, commentators are quick to point out that case law is inconsistent, fact-driven, and highly protective of convictions.
Most trial lawyers know vouching, like obscenity, when they see it -- even if they have trouble formulating a definition. Understanding the principles that underlie vouching has been confounded by how it is usually defined: not by why it is problematic, but instead by how it most commonly appears. The basic concept of vouching, then, is that it is an improper means of bolstering a witness's credibility. Witnesses' reliability and honesty virtually always arises at trial, so practitioners frequently find that they need to "rehabilitate" or support their witnesses' statements.
This one-of-a-kind book supplies all you need to know about this sometimes misunderstood concept. In fifteen chapters you'll find the topic of vouching covered from every angle, backed up with relevant case citations whenever applicable. You'll discover when it's permissible, and when it's prohibited. You'll get a clear picture of where the illusive grey areas lie, and learn to recognize when it's been crossed. If you are a trial lawyer, prosecution or defense, you need this book to help establish your expertise in the sometimes confusing area of vouching.
What Every Litigator Needs to Know about Mediation (1994)
ABA Law Seminar Study Guide
Wills, Trusts, and Technology (2004) (Table of Contents)
Daniel B. Evans
…the real purpose of this book is to explain why an estate practice should be automated, what should be automated, how to select software, and how to get a law firm automated with the software that is selected. (And for those who want to get their hands dirty, there will be some gritty stuff to play with.)
Working With High-Conflict Families of Divorce (2001) (Table of Contents)
Mitchell A. Baris, Ph.D.; Christine A. Coates, M. Ed., J.D.; Betsy B. Duvall, M.S.W.; Carla B. Garrity, Ph.D.; Elaine T. Johnson, J.D.; and E. Robert LaCrosse, Ph.D.
Families engaged in contentious, highly adversarial, and prolonged conflict before and during divorce often remain embattled afterward as well. As professionals are increasingly being called upon to provide post-divorce intervention, having the knowledge and skills required to manage high-conflict situations is crucial. This practical handbook defines the dynamics of high conflict, explains its impact on children, identifies the role of the professional, and offers specific techniques that have proven helpful. Distilled from their experience in dealing with such families, the authors present a new dispute-resolution process that helps parents reduce conflict and protect the well-being of their children.
The Young Litigator (2011) (Table of Contents)
ABA Section of Litigation
Young lawyers entering into the practice of law can be overwhelmed by the amount of information they must obtain to create and maintain a productive and successful law practice.
This book is a compilation of articles from the ABA Section of Litigation, chosen by young practicing lawyers, that seeks to guide young litigators in their first days, months, and years in the practice of law. The articles are divided into three key areas: rainmaking; writing; and trial practice.
A litigator cannot fully succeed without the ability to gain and manage clients, write persuasively, and conduct a trial. Even in the world of decreasing jury trials, increasing ADR, and written communication by email or texting, these skills are essential. This engaging and instructive collection provides much-needed guidance for the young litigator.