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Full-Text Articles in Legal Profession
Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Law Library Blog (November 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (November 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Lawyer As Soothsayer: Exploring The Important Role Of Outcome Prediction In The Practice Of Law, Mark K. Osbeck
Lawyer As Soothsayer: Exploring The Important Role Of Outcome Prediction In The Practice Of Law, Mark K. Osbeck
Articles
Outcome prediction has always been an important part of practicing law. Clients rely heavily on their attorneys to provide accurate assessments of the potential legal consequences they face when making important decisions (such as whether to accept a plea bargain, or risk a conviction on a much more serious offense at trial). And yet, notwithstanding its enormous importance to the practice of law (and notwithstanding the handsome legal fees it commands), outcome prediction in the law remains a very imprecise endeavor. The reason for this inaccuracy is that the three principal tools lawyers have traditionally relied on to facilitate outcome …
Legal Reasoning And Scientific Reasoning, Phoebe C. Ellsworth
Legal Reasoning And Scientific Reasoning, Phoebe C. Ellsworth
Articles
In my presentation for the 2010 Meador Lectures on Rationality, I chose to compare legal reasoning and scientific reasoning. Both law and science pride themselves on the rationality of their intellectual methods and believe that those methods are designed to analyze questions and reach the correct conclusions by means of reason, free from cognitive or emotional biases. Of course, both law and science often fall short of this ideal at all levels, from the decisions about individual legal cases or scientific studies to the acceptance of general theories. In many ways, the biases that mislead legal and scientific thinkers are …
Taking The Lawyer's Craft Into Virtual Space: Computer-Mediated Interviewing, Counseling, And Negotiating, Robert M. Bastress, Joseph D. Harbaugh
Taking The Lawyer's Craft Into Virtual Space: Computer-Mediated Interviewing, Counseling, And Negotiating, Robert M. Bastress, Joseph D. Harbaugh
Law Faculty Scholarship
Bellow's and Moulton's The Lawyering Process emphasized the need for law students and lawyers to draw on other disciplines for effective skills development, to make self-analysis of their professional skills and principles a career-long practice, and to remain ever vigilant of emerging ethical issues. This article attempts to honor those lessons by applying them to lawyers' use of computer mediated communication (CMC) in interacting with clients and in negotiating for clients. The article examines the social science research on CMC, applies that research to the lawyer's context, and makes some tentative assessments about the skills involved in lawyers' use of …