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.
The Art of Advocacy: Briefs, Motions, and Writing Strategies of America’s Best Lawyers presents more than 150 examples of masterful advocacy to show lawyers how to write winning motions and briefs. The book focuses on the strategic and substantive choices that top litigators make, drawing examples from important, timely, and controversial cases. Detailed annotations give readers insight into what makes each document so effective. In addition to presenting a host of storytelling, stylistic, and organizational strategies, the book's examples demonstrate how to build and rebut different types of arguments. The Appendices provide a wealth of additional resources, including Karl Llewellyn’s previously unpublished advice from 1957 about the art of advocacy, which one top law professor described as the “best advice on legal writing I’ve ever seen.” Features Compiles more than 150 examples of masterfully written legal advocacy and analysis Succinct introductory text presents the facts of each case Detailed annotations by the author highlight How to tell your client’s story How to build and counter six types of legal argument How to organize your arguments How to develop a theme Excerpts from high-interest cases, such as The battle over “Obamacare” A massive copyright suit involving YouTube BP’s oil spill in the Gulf of Mexico Facebook’s infamous feud with the Winklevoss twins Apple’s billion-dollar patent dispute with Samsung Lance Armstrong’s attempt to retain his Tour de France titles Major cases involving gay rights and affirmative action For year-long courses, a stellar option for second-semester students Perfect for practicing litigators who want to see a playbook of moves and strategies from top lawyers and from major cases Stresses strategic choices and the art of building compelling substantive arguments Focuses on briefs and motions Developing a theme Framing issues Isolates examples of specific arguments—doctrinal, textual, legislative history policy, and so on Innovative layout
Storytelling is recognized as a powerful tool in legal advocacy. With outstanding visual aids, examples, and sample documents,Persuasive Legal Writing: A Storytelling Approach, Second Edition, shows students how to use the techniques of storytelling to shape a legal argument into a cogent and compelling narrative. Authors Camille Lamar Campbell and Olympia R. Duhart havedesigned every chapter and page to make narrative storytelling techniques the basis for any type of persuasive legal document. Students learn to create arguments that elevate their client's dilemma, demonstrating that the facts demand a decision in their client's favor. Detailed guidance to editing, revising, time management, and learning skills constitute a complete set of tools for budding legal writers. And within a narrative framework that highlights the intuitive nature of storytelling, familiar literary and cultural references build on students' own fund of knowledge. Featured in the Second Edition Thoughtful discussion of AI language models in tech-assisted legal writing Cognitive Corner exercises, encouraging students to make important connections among topics and ideas Testimonials from students, lawyers, and judges about applying specific legal writing skills New and updated illustrations and examples that teach by showing Updated sample documentsthroughout the text Professors and students will benefit from: An intuitive three-stage framework for processing, packaging, and revising legal writing Integrated coverage of storytelling for every type of persuasive writing Insights from real students, practicing lawyers, and judges about how they apply specific writing skills A teach-by-showing approach Practical advice for new legal writers
Engaging text for legal writing written with today’s student in mind Written in a style that engages students, Legal Writing, Fifth Edition, includes outstanding coverage on organizing analysis according to the CREAC formula, the writing process, storytelling techniques, rule analysis, statutory interpretation, and professionalism. In addition, the book has dynamic student resources including classroom and independent exercises, self-assessment checklists, and other learning tools. The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. New to the Fifth Edition: Chapters are carefully edited and streamlined, providing focused coverage of the entire writing process New Sample Appellate Brief in Appendix D Clearer presentation of statutory interpretation and rule analysis in legal writing Professors and students will benefit from: The compact, conversational tone Short, accessible assignments and exercises Checklists that help students assess their own writing An engaging mix of theory and reality Coverage featuring: Storytelling techniques in persuasive argument The CREAC formula for organizing analysis The role of persuasive point headings in constructing an argument Elements of professionalism that must be considered
Experiential Legal Writing: Analysis, Process, and Documents discusses the documents first-year law students are introduced to, including memos, briefs, and client letters, as well as documents that are used in upper-class courses, such as scholarly writing and pleadings. Based on the online legal writing materials available at TeachingLaw, this straightforward text is designed to be used either as an aid to instructors and students working in the electronic environment of TeachingLaw or on its own as a primary or supplementary textbook. Covering the entirety of the writing process, from analysis to citation form, this text Offers a clear instructional approach to legal analysis, legal documents, and the writing process, as well as to legal grammar and usage and to citation style for both ALWD and the Bluebook. Breaks down the analytical and writing processes into manageable tasks and provides students with strategies, examples, and exercises. Introduces each type of legal document with "Purpose, Audience, Scope, and View" bullet points, providing an at-a-glance overview. Employs maps, diagrams, text boxes, and tables to summarize material and provide visual interest. Includes multiple documents annotated with in-depth commentary to help students identify key parts, understand the arguments being made, and understand the strengths of each document. Provides abundant, thorough study aid materials Quick References and Checklists that reinforce and test students' understanding of the material Quizzes and Self-Assessments that allow students and teachers to test students' understanding of the material
Experts estimate that as many as 98,000 people die in any given year from medical errors that occur in hospitals. That's more than die from motor vehicle accidents, breast cancer, or AIDSâ€"three causes that receive far more public attention. Indeed, more people die annually from medication errors than from workplace injuries. Add the financial cost to the human tragedy, and medical error easily rises to the top ranks of urgent, widespread public problems. To Err Is Human breaks the silence that has surrounded medical errors and their consequenceâ€"but not by pointing fingers at caring health care professionals who make honest mistakes. After all, to err is human. Instead, this book sets forth a national agendaâ€"with state and local implicationsâ€"for reducing medical errors and improving patient safety through the design of a safer health system. This volume reveals the often startling statistics of medical error and the disparity between the incidence of error and public perception of it, given many patients' expectations that the medical profession always performs perfectly. A careful examination is made of how the surrounding forces of legislation, regulation, and market activity influence the quality of care provided by health care organizations and then looks at their handling of medical mistakes. Using a detailed case study, the book reviews the current understanding of why these mistakes happen. A key theme is that legitimate liability concerns discourage reporting of errorsâ€"which begs the question, "How can we learn from our mistakes?" Balancing regulatory versus market-based initiatives and public versus private efforts, the Institute of Medicine presents wide-ranging recommendations for improving patient safety, in the areas of leadership, improved data collection and analysis, and development of effective systems at the level of direct patient care. To Err Is Human asserts that the problem is not bad people in health careâ€"it is that good people are working in bad systems that need to be made safer. Comprehensive and straightforward, this book offers a clear prescription for raising the level of patient safety in American health care. It also explains how patients themselves can influence the quality of care that they receive once they check into the hospital. This book will be vitally important to federal, state, and local health policy makers and regulators, health professional licensing officials, hospital administrators, medical educators and students, health caregivers, health journalists, patient advocatesâ€"as well as patients themselves. First in a series of publications from the Quality of Health Care in America, a project initiated by the Institute of Medicine
This Handbook is designed to help people dealing with civil lawsuits in federal court without legal representation. Proceeding without a lawyer is called proceeding "pro se1," a Latin phrase meaning "for oneself," or sometimes "in propria persona," meaning "in his or her own person." Representing yourself in a lawsuit can be complicated, time consuming, and costly. Failing to follow court procedures can mean losing your case. For these reasons, you are urged to work with a lawyer if possible. Chapter 2 gives suggestions on finding a lawyer. Do not rely entirely on this Handbook. This Handbook provides a summary of civil lawsuit procedures, but it may not cover all procedures that may apply in your case. It also does not teach you about the laws that will control your case. Make sure you read the applicable federal and local court rules and do your own research at a law library or online to understand your case. The United States District Court for the Northern District of California has Clerk's Offices in the San Francisco, San Jose and Oakland courthouses. Clerk's Office staff can answer general questions, but they cannot give you any legal advice. For example, they cannot help you decide what to do in your lawsuit, tell you what the law means, or even advise you when documents are due. There are Legal Help Centers in the San Francisco, Oakland and San Jose courthouses where you can get free help with your lawsuit from an attorney who can help you prepare documents and give limited legal advice. This attorney will not be your lawyer and you will still be representing yourself. See Chapter 2 for more details.
