Download or read book Fact Investigation written by Paul J. Zwier and published by Aspen Publishing. This book was released on 2015-01-23 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a successful litigation, it isn’t enough to know the facts. You must also know how to interpret and use those facts, and thoughtfully delving into the stories behind them is a crucial task if you hope to prevail for your client. Fact Investigation, by longtime NITA authors Paul Zwier and Anthony Bocchino, will change the way you approach cases for the rest of your career. Every litigator’s investigation begins where the “official” investigation ends. During informal fact investigation, you must know how to engage your client so he shares the facts and stories critical to his case, then use them not just to develop but to implement a winning case theory. How do you do that? It all starts with your first meeting with your clientand what you say and how you do it. Find out how your word choice and body language lay the groundwork for connecting with your client, and how to establish the openness and trust that yield what you need to build a compelling case and be a persuasive advocate. From that client information, the authors take you through the steps necessary to build and implement effective alternative case theories that will inform your fact investigation process and lay the foundation for efficient use of formal discovery devices. Zwier and Bocchino model these practice skills through four familiar NITA case files: Quinlan v. Kane Electronics (business/contract case), Brown v. Byrd (auto accident and personal injury case), State v. Lawrence (criminal robbery case), and United States ex rel. Rodriguez v. Hughes (False Claims Act case). When you see these techniques modeled as case studies, you understand how to integrate them into your overall case planning and learn how to confront the thorny ethics of day-to-day lawyering. The Second Edition is fully revised, with special emphasis on the impact of the proposed Federal Rules Civil Procedure changes, and features an important new chapter on e-discovery. Rare is now the case that doesn’t involve some form of electronic evidence, and every litigator must know the ever-expanding issues surrounding it. Find out how e-discovery strategies differ from plaintiff to defendant and how to manage your client’s competing rights to both speech and privacy in our highly discoverable online world. From explaining how to use your opposing party’s social media indiscretions against it to helping you make sense of new federal rules that limit the use of electronic evidence, Zwier and Bocchino tell you everything you must know about the impact of e-discovery on the modern litigation practice.
Download or read book Fact Investigation written by Paul J. Zwier and published by Aspen Publishing. This book was released on 2015-01-23 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a successful litigation, it isn’t enough to know the facts. You must also know how to interpret and use those facts, and thoughtfully delving into the stories behind them is a crucial task if you hope to prevail for your client. Fact Investigation, by longtime NITA authors Paul Zwier and Anthony Bocchino, will change the way you approach cases for the rest of your career. Every litigator’s investigation begins where the “official” investigation ends. During informal fact investigation, you must know how to engage your client so he shares the facts and stories critical to his case, then use them not just to develop but to implement a winning case theory. How do you do that? It all starts with your first meeting with your clientand what you say and how you do it. Find out how your word choice and body language lay the groundwork for connecting with your client, and how to establish the openness and trust that yield what you need to build a compelling case and be a persuasive advocate. From that client information, the authors take you through the steps necessary to build and implement effective alternative case theories that will inform your fact investigation process and lay the foundation for efficient use of formal discovery devices. Zwier and Bocchino model these practice skills through four familiar NITA case files: Quinlan v. Kane Electronics (business/contract case), Brown v. Byrd (auto accident and personal injury case), State v. Lawrence (criminal robbery case), and United States ex rel. Rodriguez v. Hughes (False Claims Act case). When you see these techniques modeled as case studies, you understand how to integrate them into your overall case planning and learn how to confront the thorny ethics of day-to-day lawyering. The Second Edition is fully revised, with special emphasis on the impact of the proposed Federal Rules Civil Procedure changes, and features an important new chapter on e-discovery. Rare is now the case that doesn’t involve some form of electronic evidence, and every litigator must know the ever-expanding issues surrounding it. Find out how e-discovery strategies differ from plaintiff to defendant and how to manage your client’s competing rights to both speech and privacy in our highly discoverable online world. From explaining how to use your opposing party’s social media indiscretions against it to helping you make sense of new federal rules that limit the use of electronic evidence, Zwier and Bocchino tell you everything you must know about the impact of e-discovery on the modern litigation practice.
Download or read book The Deposition Tutorial Questions Answers Tactics Demonstrations written by Anthony J. Bocchino and published by Aspen Publishing. This book was released on 2019-02-17 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in an era when most litigation parties never see the inside of a courtroom. Cases are resolved by motion practice, by informal settlement, or by formal procedures such as arbitration and mediation. Rarely does an attorney get to say, “Ladies and gentlemen of the jury . . . .” Does this change render deposition practice obsolete? Quite the opposite—depositions are more important than ever. Instead of a battle between attorneys who are trying to hide their evidence for trial, depositions are the place to put your best case forward, establish your case theories, explore the strengths and weaknesses of your case, and prepare your disposition strategy, be it a motion for summary judgment, a settlement offer, or mediation. Taking effective depositions in this changed environment involves a new paradigm, a whole new way of thinking about the discovery process. This book will guide you through that process, from interviewing and preparing your client through theory building and expert testimony. It also deals with concrete issues like creating a clean, understandable deposition record that will benefit your case throughout the litigation process. With its Q&A format and its many examples, The Deposition Tutorial will become the book you want on your desk for quick reference.
Download or read book Advanced Negotiation and Mediation Theory and Practice written by Paul J. Zwier and published by Aspen Publishing. This book was released on 2015-12-17 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this new, updated edition of Advanced Negotiation and Mediation Theory and Practice, Paul Zwier and Thomas Guernsey present a strategic planning and integrated systematic approach to negotiation, which recognizes that both adversarial and problem-solving strategies have distinct advantages and that lawyers need to combine styles and strategies to achieve the best results for their clients. Zwier and Guernsey provide attorneys with an outline to plan and implement effective negotiation techniques, using up-to-date situations throughout the book to demonstrate how understanding negotiation theory and practice can help them partner with their clients to make better strategic use of negotiation. The authors break down the counseling process into stages and show what information the client needs to make an informed decision. They then suggest and give examples of the techniques and skills that might be used to implement that decision in a negotiation and or mediation setting.
Download or read book Legal Strategy written by Paul J. Zwier and published by Aspen Publishing. This book was released on 2015-11-15 with total page 133 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Legal Strategy, well-known professor, Paul J. Zwier focuses on pre-litigation, transactional, and negotiation processes, and describes each in a way that brings together the basics of each discipline. Zwier describes how, once a lawyer determines the end goal the client desires, the lawyer must explore the facts and procedural alternatives most likely to get there. By getting lawyers to focus in a continual exercise of deliberating on what matters most, Zwier sets forth three steps in legal strategy: fact investigation, client counseling, and implementations of the client's decision.
Download or read book From Truth to Technique at Trial written by Phil Gaines and published by Oxford University Press. This book was released on 2016 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this first ever discourse analysis of advocacy advice texts-manuals, handbooks, and other how-to guides written by lawyers for lawyers-Philip Gaines takes an intriguing look at how advice authors have historically discussed the metavalues of truth and justice in their advocacy texts-and how that discussion has changed from 1600 to the present day.
Download or read book The Position of Witnesses before the International Criminal Court written by Sylvia Ntube Ngane and published by BRILL. This book was released on 2015-08-25 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is an evaluation of the doctrine and practice of international criminal courts and tribunals on the position of witnesses against a theoretically informed ideal of a cosmopolitan world order. It seeks to ascertain that there is a cosmopolitan international community, with shared values, that are instantiated in the international criminal tribunals, and that is what justifies the exercise of jurisdiction over witnesses who provide false testimony or engage in other forms of contempt of court. The book evaluates the practice of the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.
Download or read book Searching the Law 3d Edition written by Frank Bae and published by BRILL. This book was released on 2021-12-13 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book St Thomas Law Review written by and published by . This book was released on 2004 with total page 962 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Counseling Negotiating and Mediating written by G. Nicholas Herman and published by LexisNexis. This book was released on 2009 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive descriptive and prescriptive treatment of legal counseling, interviewing, and negotiation (including mediation and plea-bargaining). As reflected in the title, the book takes "a practical approach" to these skills, so students can learn specifically how to engage in effective counseling and negotiating. The book also emphasizes pertinent ethical and legal considerations in connection with counseling clients and negotiating settlements. The authors discuss leading "theoretical approaches" to the extent those approaches can be meaningfully applied in practice. The overall effect is to emphasize that blend of theory, practice, ethics, and law that is most meaningful in the sense of having real-life application to effective client representation. The Appendices to the book provide numerous negotiation and mediation, including plea-bargaining, role-plays. Interviewing and counseling role-plays are provided in a separate Teacher's Manual (available only to professors), which also includes the "confidential instructions" for the negotiation, mediation, and plea bargaining role-plays. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Download or read book Legal Interviewing written by Cristina C. Tilley and published by Aspen Publishing. This book was released on 2016-12-15 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: The unique design of this program provides participants with hands-on experience by presenting materials for two hypothetical legal matters: Dashwood, a civil case involving an elderly woman’s independence; and Moore, a criminal case involving a young African-American woman accused of shoplifting. To create the interactive experience, participants receive one of two versions: Materials for A’s or Materials for B’s. Both versions include Part One: Interviewing Theory. Part Two of the A’s version contains the attorney materials for Dashwood and the interviewee materials for Moore; the B’s version contains the attorney materials for Moore and the interviewee materials for Dashwood. The participants experience hands-on learning as Group A interviews Group B, and Group B in turn interviews Group A. These interview exercises coordinate with the book chapters, guiding participants through each the stage of the interviewing process.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A Practical Guide to Achieving Excellence in the Practice of Law written by and published by . This book was released on 1992 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Current Publications in Legal and Related Fields written by and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Achieving Excellence in the Practice of Law written by and published by . This book was released on 2000 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pretrial Litigation written by R. Lawrence Dessem and published by West Academic Publishing. This book was released on 2001 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers the applicable law (reflects the December 1, 2000, amendments to the Federal Rules of Civil Procedure) and pretrial lawyering skills. Can be used in pretrial litigation courses, and in civil procedure and first-year legal writing courses. Charts illustrate pretrial deadlines under the Rules and the Rule 26(a) disclosure requirements. Incorporates new material concerning the impact of technology on the practice of law. New subsections include "Civil Actions in Cyberspace" (electronic filing, personal jurisdiction involving the Internet, and court websites) and "Discovery in Cyberspace" (attorney-client privilege of electronic communications, discovery of digital information, and impact of electronic databases upon discovery).
Download or read book A Practical Introduction to In depth Interviewing written by Alan Morris and published by SAGE. This book was released on 2015-05-18 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are you new to qualitative research or a bit rusty and in need of some inspiration? Are you doing a research project involving in-depth interviews? Are you nervous about carrying out your interviews? This book will help you complete your qualitative research project by providing a nuts and bolts introduction to interviewing. With coverage of ethics, preparation strategies and advice for handling the unexpected in the field, this handy guide will help you get to grips with the basics of interviewing before embarking on your research. While recognising that your research question and the context of your research will drive your approach to interviewing, this book provides practical advice often skipped in traditional methods textbooks. Written with the needs of social science students and those new to qualitative research in mind, the book will help you plan, prepare for, carry out and analyse your interviews.
