Legal Profession Commons^™

The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow

Trevor C. W. Farrow

This article is about lawyers as negotiators, and in particular, it is about identifying and understanding the influential and potentially competing interests that are - or at least should be - in the minds of lawyers (and potentially other third party representatives) during the overall negotiation process. While there continues to be an increasing amount of literature on the mechanics and strategies of negotiation, the underlying interests that are typically at stake in representative negotiations from the perspective of representatives - particularly negotiations involving lawyers - have not been adequately studied. And until all interests are identified and placed squarely …

Evaluation Of The Ontario Mediation Program (Rule 24.1) Final Report: The First 23 Months, Robert G. Hann, Carl Baar, Lee Axon, Susan Binnie, Frederick H Zemans

Frederick H. Zemans

No abstract provided.

Setting Up Shop: Technology Options & Recommendations, Jennifer R. Mart-Rice, Bradford Thomas

Jennifer Mart-Rice

No abstract provided.

How Do You Tweet?: Five Tips For Posting On Social Media, Jennifer R. Mart-Rice

Jennifer Mart-Rice

No abstract provided.

Utilizing Apps To Enhance Your Workflow, Jennifer Mart-Rice

Jennifer Mart-Rice

No abstract provided.

Back To The Basics In 2015: Practical Information For Setting Up Shop, Jennifer R. Mart-Rice, Carol S. Furnish

Jennifer Mart-Rice

No abstract provided.

Advantages And Disadvantages Of Mediation In Probate, Trust, And Guardianship Matters , Mary F. Radford

Mary F. Radford

Mediation is the ADR process by which a neutral third party works with disputants to reach a mutually agreeable resolution. Mediation is arguably the oldest and most popular ADR technique in use today. Part I of this essay discusses the commonly accepted advantages of mediation as an alternative to litigation, and, in some instances, questions whether those advantages become disadvantages in the context of probate, trust, and guardianship cases. Part II examines the use of mediation as a component of the actual estate planning process rather than as an alternative to litigation.

What More Legal Apps Can Do For You, Jennifer R. Mart-Rice

Jennifer Mart-Rice

No abstract provided.

What Legal Apps Can Do For You, Jennifer R. Mart-Rice

Jennifer Mart-Rice

No abstract provided.

Has Skinner Killed The Katz? Are Society's Expectations Of Privacy Reasonable In Today's Techological World?, Jason Forcier

Jason Forcier

The right to privacy has and will remain a hotly contested debate about American liberties. In 2012, a 3-0 decision by the Sixth Circuit Court of Appeals, in United States v. Melvin Skinner, the court held that there is no “reasonable expectation of privacy in the data given off by. . . cellphone[s].” Given today’s explosion of cellular technology and use of smart phones, is it unreasonable to believe a person should remain secure in their "person" and “effects," as guaranteed under the Fourth Amendment, from unreasonable searches and seizures? Furthermore, with police requiring only a subpoena to a obtain …

Taking The Bar Early: Making Law Students ‘Practice Ready’, Jason Forcier

Jason Forcier

The beginning of 2013 brings with it a number of rule changes by the Supreme Court of Arizona. Notable is the change to Rule 34, Application for Admission. The rule change is the result of an initiative from the deans of each of the three law schools: Phoenix School of Law, University of Arizona, and Arizona State University. The experimental change, set to expire at the end of 2015, allows law students to take the February bar exam during their final semester, so long as students meet certain qualifications and are within 120 days of graduation. This change effectively allows …

Making “Practice Ready” Practice Ready: Arizona’S Attempt To Streamline The Final Process For Admission To The Bar, Jason Forcier

Jason Forcier

Beginning with the first of the year, 2013 brings with it a number of rule changes from the Supreme Court of Arizona. Most notably is the change to Rule 34, Application for Admission. The rule change is the result of an initiative from each of the deans of Arizona’s three law schools: Phoenix School of Law, University of Arizona, and Arizona State University. The new change will provide many beneficial results: it will allow students to start transitioning from the theory of law to the practice of law; lead to a fundamental change in the structure of the current legal …

The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, Abdullahi Saliu Ishola

Abdullahi Saliu Ishola

This paper critically examines the legality and constitutionality of the provision of Rule 5 sub-rule (5) of the Rules of Professional Conduct for Legal Practitioners, 2007 (the Rules), prohibiting the practice of law in Nigeria as a corporation. The appraisal is done on the scales of the provisions of Sections 40 and 42 of the 1999 Constitution of the Federal Republic of Nigeria, as amended (the Constitution), providing for rights to freedom of association and peaceful assembly and freedom from discrimination, respectively; on one hand, and, Section 18 of the Companies and Allied Matters Act (CAMA), allowing any two or …

"Thinking" In A Deweyan Perspective: The Law School Exam As A Case Study For Thinking In Lawyering, Donald J. Kochan

Donald J. Kochan

As creatures of thought, we are thinking all the time, but that does not necessarily mean that we are thinking well. Answering the law school exam, like solving any problem, requires that the student exercise thinking in an effective and productive manner. This Article provides some guidance in that pursuit. Using John Dewey’s suspended conclusion concept for effective thinking as an organizing theme, this Article presents one basic set of lessons for thinking through issues that arise regarding the approach to a law school exam. This means that the lessons contained here help exercise thought while taking the exam — …

The Broad Life Of The Jewish Lawyer: Integrating Spirituality, Scholarship And Profession, Samuel J. Levine

Samuel J. Levine

The religious individual faces the constant challenge of reconciling religious ideals with the mundane realities of everyday life. Indeed, it is through the performance of ordinary daily activities that a person can truly observe such religious duties as serving God and loving one's neighbor. For the Orthodox Jew, an intricate set of religious laws and principles governs every area of life. In choosing a career, an Orthodox Jew must therefore be concerned that professional obligations not interfere with the fulfillment of religious ones. While religious duties impose obligations on the religious individual, at the same time they provide opportunities to …

"Learning" Research And Legal Education: A Brief Overview And Selected Bibliographical Survey, Donald J. Kochan

Donald J. Kochan