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Full-Text Articles in Law

Clients Want Results, Lawyers Need Emotional Intelligence, Christine C. Kelton Jan 2015

Clients Want Results, Lawyers Need Emotional Intelligence, Christine C. Kelton

Cleveland State Law Review

Thinking requires emotions and emotions enhance thinking. This Article suggests that the emotionally intelligent lawyer is more likely to serve the needs of clients and the legal community than the lawyer who has less understanding of, and control over, emotions. Part II introduces two “emotionally unintelligent” lawyers, Amanda and Rick, and considers how their emotional “unintelligence” affects their new client, psychologist, Dr. Ray Randolph. Part III provides some background on the relevant research on emotional intelligence, including the history of intelligence, from general intelligence, to social intelligence, to multiple intelligences, and to emotional intelligence. Part IV defines and explores the ...


What Successful Companies Know That Law Firms Need To Know: The Importance Of Employee Motivation And Job Satisfaction To Increased Productivity And Stronger Client Relationships, Theresa M. Neff Jan 2003

What Successful Companies Know That Law Firms Need To Know: The Importance Of Employee Motivation And Job Satisfaction To Increased Productivity And Stronger Client Relationships, Theresa M. Neff

Journal of Law and Health

This note examines the importance of employee motivation and job satisfaction to increased productivity and stronger client relationships with law firms. In Part I, I discuss how the pressure of the legal profession can affect lawyers' relationships with their staff members. My analysis will center on recent studies on lawyer job satisfaction, the impact of stress on lawyers, and the public's perception of lawyers. In Part II, I discuss the law firm as a "service" organization and the implications of that orientation. In this section, I also emphasize the importance of building and maintaining relationships with clients and how ...


Self-Inflicted Wounds: The Duty To Disclose Damaging Legal Authority, Angela Gilmore Jan 1995

Self-Inflicted Wounds: The Duty To Disclose Damaging Legal Authority, Angela Gilmore

Cleveland State Law Review

This article analyzes Rule 3.3(a)(3) and its implications for opposing parties in an adversarial legal system. The article's conclusion is that strict compliance with Rule 3.3(a)(3) by all members of the Bar is necessary to preserve the integrity of the legal system. Circumvention of the Rule is a disservice to the legal system. Part II explains Rule 3.3(a)(3) so that lawyers can grasp the ethical duty owed. Part III examines three roles simultaneously played by a lawyer: a representative of clients, an officer of the legal system, and a private ...


Lawyers, Learning, And Professionalism: Meditations On A Theme, Judith Welch Wegner Jan 1995

Lawyers, Learning, And Professionalism: Meditations On A Theme, Judith Welch Wegner

Cleveland State Law Review

This essay will offer three meditations on the theme of "lawyers, learning and professionalism." First, it lays a foundation by arguing that a commitment to learning is an appropriate and necessary professional value for lawyers. Next, it contends that lawyers need to take this professional value more seriously. It will suggest that lawyers lag behind other professions in learning about learning, and urge more lawyers deliberately do just that. Finally, the essay shares some important lessons about professionalism recently learned through learning experiments with practicing lawyers and law students.


Finding Yourself In Law School, Joel Jay Finer Jan 1989

Finding Yourself In Law School, Joel Jay Finer

Cleveland State Law Review

Congratulations on your acceptance and your decision to enter law school. Some might say after reading this commentary that it was more appropriate for a commencement address. But stop to think. Commencement means beginning. This is your commencement, the beginning of your legal career. And if the values to which I refer are not somewhere in your thoughts during your law school education, when you can begin to see how your technical skills can be put to use in service of whatever justice goals you personally find most meaningful, it may be more difficult to make the connections later on ...


Academic Research And Advocacy Research, Victor L. Streib Jan 1988

Academic Research And Advocacy Research, Victor L. Streib

Cleveland State Law Review

Research is something we all do. Some research is a necessary evil, some a delightful passage, some unmitigated drudgery. Our general concern this evening is to hone the concept of legal research, at least as it is manifested by law professors and lawyers. More specifically, how does academic research and advocacy research differ in the world of law and what unique obligations might such differences suggest for the law professoriate? The general issue is the difference, perhaps conflict, between research aimed primarily at discovering truth and expanding knowledge versus research aimed primarily at mounting an argument to achieve victory for ...


Coping With Change: The Lawyer's Role, Wilton S. Sogg Jan 1988

Coping With Change: The Lawyer's Role, Wilton S. Sogg

Cleveland State Law Review

The following articles are the result of an experimental course entitled "Current Problems of Small Business" offered at Cleveland-Marshall College of Law. Primarily for third-year students, the course was designed to provide a practical learning experience in seminar format. The course focused on business issues, but also taught lawyering skills such as interviewing, counseling, negotiating and drafting. Thus, the students were provided a pragmatic learning experience that can be applied to legal practice.


Mergers And Acquisitions: The Quintessence Of Change, James C. Freund Jan 1988

Mergers And Acquisitions: The Quintessence Of Change, James C. Freund

Cleveland State Law Review

I wrote a book in the mid-'70's entitled ANATOMY OF A MERGER, a guide to handling negotiated acquisitions. Looking back from the vantage point of a decade later, I was struck by the tremendous changes that had taken place in terms of how acquisitions of public companies are accomplished. Today, the hostile takeover has so permeated the public company acquisition scene that it has entirely altered the way that lawyers and others who ply this trade accomplish their goals.


Is America Over-Lawyered, Shirley M. Hufstedler Jan 1982

Is America Over-Lawyered, Shirley M. Hufstedler

Cleveland State Law Review

Are we over-lawyered? The answer that a lawyer must give is the kind of response that always exasperates laypersons-yes and no. We do have far more lawyers than we can absorb in the existing professional structures, at costs that can be paid by persons who need those services. The unmet need for legal services is very large and growing. Program after program designed to fund legal aid for the poor has been cut or extinguished. Even in a profession that is as crowded as our own, there is always room for the very best, the dedicated and the least selfish.


The Federal Rules Of Evidence And The Quality Of Practice In Federal Courts, Stephen A. Saltzburg Jan 1978

The Federal Rules Of Evidence And The Quality Of Practice In Federal Courts, Stephen A. Saltzburg

Cleveland State Law Review

One point that I shall endeavor to make today is that the Federal Rules of Evidence offer an opportunity for dramatic improvement in federal trial court practice. In the hands of the most experienced practitioner or the novice litigator just weaned from law school, the evidence rules offer a promise of even-handed justice that has heretofore been unavailable. Used properly, the Federal Rules of Evidence hold out a promise that trials might be less costly to litigants in terms of out-of-pocket expenditures, that the societal costs associated with erroneous decisions by trial judges might be reduced, and that federal litigants ...


On Legal Writing, Albert P. Blaustein Jan 1969

On Legal Writing, Albert P. Blaustein

Cleveland State Law Review

Virtually all legal writing is atrocious! This is true about (a) statutes and administrative regulations; (b) judicial opinions and agency rulings; (c) trial papers and appellate briefs; (d) office memoranda and opinion letters; (e) annotations and digest paragraphs; and (f) law treatises and legal articles. It is even true (especially true?) about articles on legal writing. This is a serious matter. For the ramifications of bad legal writing are very costly-in time, in money and, indeed, in the very quality of life. Working to improve legal writing is no frivolous exercise.


The Law, The Lawyers, And The Writers, L. Neille Shoemaker Jan 1968

The Law, The Lawyers, And The Writers, L. Neille Shoemaker

Cleveland State Law Review

The great writers have one thing in common-they castigate the human race, including themselves, the frailties of mankind, and his noble institutions. Law and the lawyers have suffered at the hands of the writers. The doctors have suffered even more. Most rulers, if they lived long enough, have been the subject of satire, caricatures, exposure, or castigation. The church and churchmen have also suffered. The principal subject matter of satire over the centuries has been the Church. ... Because of this general emphasis on soiled humanity, the legal profession need not feel alone as it finds itself the subject matter of ...


Legal Education For Certified Specialization, Philip E. Heckerling Jan 1964

Legal Education For Certified Specialization, Philip E. Heckerling

Cleveland State Law Review

The purpose of this paper is to offer a partial solution to the public's loss of confidence in lawyers, suggesting that by means of post-graduate education conducted under the auspices of the various law schools, professional specialization in the law will be encouraged through certification, with the end result that lawyers and the public will both benefit psychologically and economically.


Psychological Assessment Of Brain Damage, Bill J. Barkley Jan 1962

Psychological Assessment Of Brain Damage, Bill J. Barkley

Cleveland State Law Review

We need more emphasis upon courses in Forensic Psychology in our law schools as well as in our graduate departments of psychology. The average clinical psychologist shies away from involving himself in cases that might eventually lead to testifying. The psychologist is not trained to answer with a "Yes" or a "No" and therefore is not accustomed to this procedure in the court room. In my estimation it is time that the clinical psychologist is helped to grow up legally, by having a better understanding of forensics, and it is time the legal profession is helped to grow up by ...


The Lawyers' Function Today, Nathaniel R. Howard Jan 1958

The Lawyers' Function Today, Nathaniel R. Howard

Cleveland State Law Review

This is the substance of the graduation address delivered by the writer at the June 1958 Commencement of Cleveland-Marshall Law School. If today's students of the law had engaged in their same study 600 years ago, the law then taught to them and believed by them would have included some principles, precedents, decrees, and even primary statutes which they have embraced in the year of Our Lord 1958.