Representing Yourself in Federal Court

Representing Yourself in Federal Court
Author: United States Disctrict Court
Publisher: Createspace Independent Publishing Platform
Total Pages: 76
Release: 2017-08-04
Genre:
ISBN: 9781974174607
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This Handbook is designed to help people dealing with civil lawsuits in federal court without legal representation. Proceeding without a lawyer is called proceeding "pro se1," a Latin phrase meaning "for oneself," or sometimes "in propria persona," meaning "in his or her own person." Representing yourself in a lawsuit can be complicated, time consuming, and costly. Failing to follow court procedures can mean losing your case. For these reasons, you are urged to work with a lawyer if possible. Chapter 2 gives suggestions on finding a lawyer. Do not rely entirely on this Handbook. This Handbook provides a summary of civil lawsuit procedures, but it may not cover all procedures that may apply in your case. It also does not teach you about the laws that will control your case. Make sure you read the applicable federal and local court rules and do your own research at a law library or online to understand your case. The United States District Court for the Northern District of California has Clerk's Offices in the San Francisco, San Jose and Oakland courthouses. Clerk's Office staff can answer general questions, but they cannot give you any legal advice. For example, they cannot help you decide what to do in your lawsuit, tell you what the law means, or even advise you when documents are due. There are Legal Help Centers in the San Francisco, Oakland and San Jose courthouses where you can get free help with your lawsuit from an attorney who can help you prepare documents and give limited legal advice. This attorney will not be your lawyer and you will still be representing yourself. See Chapter 2 for more details.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737
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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.

Mediation

Mediation
Author: Dwight Golann
Publisher: Aspen Publishing
Total Pages: 449
Release: 2021-09-14
Genre: Law
ISBN: 1543847412
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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Mediation: The Roles of Advocate and Neutral, Fourth Edition, integrates mediation skills and strategies with theory, ethics, and practice applications to teach students about legal mediation and how to represent clients effectively in the process. This book reflects the experience of its authors, who are both professors and practicing legal mediators with decades of experience teaching and resolving cases. Itincludes all the coverage of mediation found in Resolving Disputes, the survey text, as well as material on negotiation and hybrid processes and additional coverage of mediation. Most important, this book has become a fully video-integrated text. As they read students are referred to 65 unique video excerpts, embedded in the text and instantly accessible, which show leading mediators applying specific techniques and strategies to overcome barriers to settlement. New to the Fourth Edition Video: Unique and diverse video excerpts, created expressly for this book and embedded in the text, featuring mediators from the U.S. and around the world. Virtual mediation: Analysis of the special aspects of mediating via Zoom, based on the experiences of professional mediators. Grief and loss: New material probing deeply into the psychology of loss and how it affects settlement decisions. ODR: New readings on online mediation. International: Perspectives and video of international practitioners, based on the authors’ experience training mediators on five continents. Professors and student will benefit from: Concise content that supports an active experiential class, without sacrificing the deeper knowledge expected in a law school course. An informal writing style that presents actual case examples, practical advice, and thought-provoking questions written for students who will soon become lawyers, representing clients in mediating disputes. A practice-based approach that helps students apply concepts, including realistic roleplays that facilitate classroom discussion. Examples of lawyers taking on roles as informal mediators, giving students models of how to apply mediative skills immediately in their practice.

Walking Out the Door

Walking Out the Door
Author: Roberta D. Liebenberg
Publisher:
Total Pages: 26
Release: 2019
Genre: Women lawyers
ISBN:
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"Authored by Roberta D. Liebenberg and Stephanie A. Scharf, the report includes input from more than 1,200 big firm lawyers who have been in practice for at least 15 years, and shows that women surveyed were far more likely than men to report factors that blocked their "access to success," including lacking access to business development opportunities, being perceived as less committed to career and being denied or overlooked for promotion."--Publisher's website.

Appellate Mediation Program

Appellate Mediation Program
Author: United States. Court of Appeals (District of Columbia Circuit)
Publisher:
Total Pages: 12
Release: 1993
Genre: Appellate procedure
ISBN:
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Resolving Disputes

Resolving Disputes
Author: Jay Folberg
Publisher: Aspen Publishers
Total Pages: 0
Release: 2016
Genre: Compromise (Law)
ISBN: 9781454838746
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Dispute resolution : what it's all about -- Negotiation and conflict : the big picture -- Perception, fairness, psychological traps, and emotions -- Negotiator styles -- Negotiation dance : step by step -- Gender, culture, and race -- Negotiating ethics -- The law of negotiation -- An overview of mediation : the big picture -- A deeper look into the process -- Representing clients : preparation -- Representing clients : during the process -- Specific applications -- Court-connected mediation and fairness concerns -- The law and of mediation -- Ethical issues for advocates and mediators -- Arbitration : the big picture -- Arbitration agreements -- Selecting arbitrators -- Arbitration procedures and awards -- The law of arbitration : judicial enforcement of arbitration agreements -- Judicial enforcement of arbitration awards -- Fairness in arbitration, part I : employment, consumer, and adhesion contracts -- Fairness in arbitration, part II : Recent legislative and judicial developments -- Mixing and matching the process to the dispute -- Dispute resolution design : stepped clauses and conflict management systems -- Looking ahead : opportunities and challenges in ADR and conflict management

Third-Party Funding in International Arbitration

Third-Party Funding in International Arbitration
Author: Lisa Bench Nieuwveld
Publisher: Kluwer Law International B.V.
Total Pages: 363
Release: 2016-04-24
Genre: Law
ISBN: 9041161120
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Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.

In the Hands of the People

In the Hands of the People
Author: William L. Dwyer
Publisher: Macmillan
Total Pages: 305
Release: 2004-08-01
Genre: Law
ISBN: 1429973293
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In a passionate warning that is not only well-reasoned, as becomes a renowned former trial lawyer and present federal judge, but is also a compelling and entertaining read, William L. Dwyer defies those who would abolish our jury system and hand over its power to judges or to panels of "experts." He aims, by making his readers aware of what should be done, to help us save what he calls "America's most democratic institution." In an overview of litigation's universe, Dwyer goes back several centuries to describe the often terrifying ways our ancestors arrived at verdicts of guilt or innocence. Tracing the evolution of our present-day system, he gives us excerpts from the actual records of such trials as that of young William Penn, arrested for preaching Quaker beliefs in public; the Salem witch trials; and the landmark civil rights trial of 18th century newspaper publisher John Peter Zenger, whose attorney was the original "Philadelphia lawyer." Along with these famous courtroom episodes are many never before described in print, all of them infused with the drama that gives life to the law. Dwyer's language is clear and engaging - a pleasant surprise for readers apprehensive about legal gobbledygook. He has a store of courtroom "war stories," some inspiring, some alarming, many enlivened by gleams of the author's wry humor. Underlying that humor, however, is the judge's fear that the jury system is endangered by neglect and misunderstanding, and could be lost without the public being aware of what is happening. The book shows that despite much adverse publicity, the American jury still works capably, at times brilliantly, when given a fair chance by the legal professionals who run trials. Consequently, the author deals with what has gone wrong with American litigation, the controversy over the jury's competence and integrity, and trial and pretrial reforms that must be made to save trial by jury and reshape American litigation in the twenty-first century.

Lawyer Negotiation

Lawyer Negotiation
Author: Jay Folberg
Publisher: Aspen Publishing
Total Pages: 306
Release: 2021-09-14
Genre: Law
ISBN: 1543846521
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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Designed to prepare law students to negotiate knowledgably and successfully as lawyers representing clients, Lawyer Negotiation: Theory, Practice, and Law, Fourth Edition features an integrated approach that combines theory, skills, negotiation strategy, ethics, and law. A sleek, readable, and lively text for any law school Negotiation course, this book reflects the authors’ experience as negotiators, mediators, ADR teachers, and trainers. Interesting notes, thoughtful problems, provocative questions, and new video resources throughout the text raise practical negotiation challenges and policy issues. The focus is on negotiating legal claims and issues on behalf of clients. Previous editions have proven popular because of the very readable and lively text, interesting notes, thoughtful problems, and provocative questions that raise practical negotiation challenges and issues, which are updated in this new edition. Carefully curated excerpts from other leading authors are included, allowing for diverse ideas to be presented on negotiation techniques and eliminating the need for supplemental material. Vivid examples are included from real cases and literature, which bring negotiation concepts and applications to life. The book is designed for experiential, interactive teaching utilizing provided role-plays, exercises, problems, and streaming video examples. In addition to direct negotiation, how to advantageously use assisted negotiation in the form of mediation advocacy is included. New to the Fourth Edition: Fresh material and perspective benefiting from a new co-author Each chapter has been updated with new insights and examples More video-based examples, problems, and resources—linked video excerpts can now be streamed showing different negotiation styles and techniques Streamlined presentation of outside excerpts Greater coverage of distance negotiation, including email and remote contexts Increased focus on #MeToo, gender, social activism, historical inequities, anti-racism, cultural and style differences, online negotiation, technological advances, and other crucial issues affecting negotiation and dispute resolution today Excerpts have been condensed or summarized to shorten reading assignments, allowing more time for experiential learning Professors and student will benefit from: Step-by-step organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients as negotiators Practice-based approach which helps students apply the concepts Exercises and accompanying role-plays that facilitate classroom discussion Assessment tools to aid in student learning and understanding Videos that show experienced lawyers, negotiators, and mediators performing role plays

Skills Matrix

Skills Matrix
Author: Enna
Publisher:
Total Pages:
Release: 2017-03-21
Genre:
ISBN: 9781138078833
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The Skills Matrix is a visual management tool that is used to confirm the skills and knowledge of the members of a team. This tool is clearly labeled and intuitive to use. Organized by process or skill and by person.