Law Commons^™

The Trial Preparation Procedures—Civil, Will Rhee, L. Richard Walker

Law Faculty Scholarship

In an effort to provide scholarship immediately useful to the litigator, this Article proposes a detailed systems workflow to plan and coordinate preparing for federal civil trials called the Trial Preparation Procedures—Civil or "TrialPrepPro—Civil" for short. Although there is an abundance of anecdotal "learning from doing" trial preparation guidance, empirically testable "learning about doing" trial preparation guidance is rare. We present our TrialPrepPro to learn more about doing.

The TrialPrepPro is modeled after the battle-proven U.S. Army Troop Leading Procedures used, with modifications, by all U.S. military services, our NATO allies, and many other foreign militaries. Although there is ample …

The Legal Research Plan And The Research Log: An Examination Of The Role Of The Research Plan And Research Log In The Research Process, Caroline L. Osborne

Law Faculty Scholarship

This paper reviews the current status of the concept of the legal research plan. It summarizes the basic elements of the legal research plan, reviews the current literature and recommends a design of a plan for use in first year legal research programs and by novice researchers. Also, it considers the use of the research log in the research process.

Reading/Teaching Lawyer Films, James R. Elkins

Law Faculty Scholarship

No abstract provided.

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 …

A Law Culture Diagnostic, James R. Elkins

Law Faculty Scholarship

No abstract provided.

How A Sole Practitioner Uses The "Electronic Office" To Maintain A Competitive Law Practice, Jesse Richardson

Law Faculty Scholarship

No abstract provided.

Reflections On The Contents Of The Lawyer's Work - Three Models Of Spirituality - And Our Struggle With Them, Charles R. Disalvo, William L. Droel

Law Faculty Scholarship

No abstract provided.

Pathologizing Professional Life: Psycho-Literary Case Stories, James R. Elkins

Law Faculty Scholarship

No abstract provided.

The Moral Labyrinth Of Zealous Advocacy, James R. Elkins

Law Faculty Scholarship

No abstract provided.

Lawyer Decision Making: The Problem Of Prediction, Marjorie Mcdiarmid

Law Faculty Scholarship

This Article examines three competing models for lawyer decision making. Reviewing literature drawn from other disciplines, Professor McDiarmid applies each model to a particular lawyer decision task and provides a critique both of applicability and of the underlying assumptions of the models themselves. The Article concentrates on the problem of prediction in the face of uncertainty.

Client Centered Counseling And Moral Accountability For Lawyers, Robert M. Bastress

Law Faculty Scholarship

No abstract provided.

The Paradox Of A Life In Law, James R. Elkins

Law Faculty Scholarship

No abstract provided.

The Legal Persona: An Essay On The Professional Mask, James R. Elkins

Law Faculty Scholarship

The legal profession offers little opportunity for the practitioner to analyze the fundamental constructs underlying the legal system or the dynamics of the lawyering process. Jurisprudence and legal education traditionally have emphasized the external aspects of law, implying that man is a rational decisionmaker who freely controls his life and shapes societal institutions., This approach is unrealistic because it neglects the psychological dimension of man and the complexity of man's behavior. Jurisprudential scholars and legal educators should recognize that a growing body of sophisticated literature in linguistics and anthropology as well as social psychology and psychiatry is also relevant to …