Reprint of the first American edition. First published anonymously in England in 1798 and attributed to Sir James Mackintosh. A series of forty-eight letters designed to improve the student of law in such matters as eloquence, integrity, urbanity, memory, religion, philosophy and manners. A member of Lincoln's Inn, Raithby [1766-1826] practiced in the court of chancery.
What happened to the culture of common law and English barristers in the long eighteenth century? In this wide-ranging sequel to Gentlemen and Barristers: The Inns of Court and the English Bar, 1680-1730, David Lemmings not only anatomizes the barristers and their world; he also explores the popular reputation and self-image of the law and lawyers in the context of declining popular participation in litigation, increased parliamentary legislation, and the growth of theimperial state. He shows how the bar survived and prospered in a century of low recruitment and declining work, but failed to fulfil the expectations of an age of Enlightenment and Reform. By contrast with the important role played by the common law, and lawyers, in seventeenth-century England and in colonialAmerica, it appears that the culture and services of the barristers became marginalized as the courts concentrated on elite clients, and parliament became the primary point of contact between government and population. In his conclusion the author suggests that the failure of the bar and the judiciary to follow Blackstones mid-century recommendations for reforming legal culture and delivering the Englishmans birthrights significantly assisted the growth of parliamentary absolutism ingovernment.
From Truth to Technique addresses key questions raised by the burgeoning literature in what Philip Gaines calls advocacy advice texts-manuals, handbooks, and other how-to guides-written by lawyers for lawyers, both practicing and aspiring, to help them be as effective as possible in trial advocacy. In these texts, advice authors share principles, strategies, and techniques for persuading juries and winning cases. Some manuals even form the basis for required advocacy courses in law schools. Unlike training manuals in other professional domains-sales, leadership, management, fundraising, coaching, etc.-advocacy advice texts offer guidance for effectiveness in a realm of activity where the stakes may be the very highest for the parties and where society has an abiding interest in the truth being discovered and justice being done. Helping advocates learn how to win cases may be the ultimate purpose of advice texts, but to what extent are ideas about the values of truth and justice-what Gaines calls metavalues-incorporated into discussions about winning tactics and techniques? To explore this question, Gaines takes the reader through a discursive history of the relation between technique and metavalues as presented in advocacy advice-beginning with a thematic analysis of the first texts published in the Anglo-American tradition in the early 17th century, through treatises written during seasons of radical change in the profession in the 18th and 19th centuries, and up to the present day with a look at the more than 200 trial manuals currently in print. This diacronic study reveals dramatic changes in the place authors give to the metavalues of truth and justice when lawyers advise other lawyers about how to be effective in the courtroom.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
