Law Practice Management Resource Guide
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Management the MAGAZINE of the ASSOCIATION of LEGAL ADMINISTRATORS
SEPTEMBER 2017 LEGAL VOLUME 37 • ISSUE 8 MANAGEMENT THE MAGAZINE OF THE ASSOCIATION OF LEGAL ADMINISTRATORS MARIJUANA MAKES AN IMPACT ON LEGAL Laws are rapidly changing, presenting challenges — and great opportunities — for law firms. Staying the Course: How to Conduct Stay Interviews Prime Your Workplace for Diversity and Inclusion LEGAL SEPTEMBER 2017 MANAGEMENT VOLUME 37 • ISSUE 8 FEATURES HUMAN RESOURCES MANAGEMENT BY KYLIE ORA LOBELL LEGAL MANAGEMENT STAFF MARIJUANA MAKES AN IMPACT ON LEGAL 21 .......................................................................... PUBLISHER Laws are rapidly changing, presenting challenges — and great opportunities — for law firms. Oliver Yandle, JD, CAE LEGAL INDUSTRY/BUSINESS MANAGEMENT BY STEPHEN COLE [email protected] OUTSOURCING TO ENHANCE YOUR FIRM’S RESOURCES AND CLIENT VALUE ....................26 EDITOR-IN-CHIEF As legal markets continue to shift, outsourcing can provide some stability. Theresa Wojtalewicz HUMAN RESOURCES MANAGEMENT BY CAROL E. CRAWFORD, SPHR, SHRM-SCP [email protected] STAYING THE COURSE ..............................................................................................................17 MANAGING EDITOR Conducting stay interviews can help you better understand and retain your best talent. Valerie A. Danner [email protected] COLUMNS ASSOCIATE EDITOR BIG IDEAS: A MESSAGE FROM ALA’S PRESIDENT ....................................................................4 The Spirit of Giving Kate Raftery [email protected] BP PERSPECTIVE ..........................................................................................................................6 -
Legal Research, Legal Writing, and Legal Analysis: Putting Law School Into Practice
File: Rowe.381.GALLEY(f).doc Created on: 10/5/2009 2:06:00 PM Last Printed: 10/5/2009 2:10:00 PM LEGAL RESEARCH, LEGAL WRITING, AND LEGAL ANALYSIS: PUTTING LAW SCHOOL INTO PRACTICE Suzanne E. Rowe∗ When I began law school, I thought my goal was to master— and memorize—every case, statute, and rule I would need to practice law. I would put all this knowledge into a magic brief- case. Then when a client came to see me with a problem, I would reach into my magic briefcase and pull out the obvious answer! I was wrong. First, no one could ever memorize enough law to make my magic briefcase work; one visit to the library shows how naive I was. Second, most legal questions do not have obvious an- swers. If the answers were obvious, clients would not be willing to pay much for a lawyer’s services. Instead of memorizing cases that would solve easy problems, I learned that researching, analyzing, and writing about the law occurs as a complex, interwoven process. Through that process, lawyers learn of the law that exists and then fashion arguments, documents, and transactions to solve clients’ problems; novel ap- proaches are steeped in the cases, statutes, and rules that the lawyer has located through thorough research. That process—not magic—is the practice of law. In all law school classes, students learn legal analysis. In classes devoted to legal research and writing, students weave analysis into research and writing and learn how to practice law.1 This article intro- ∗ © 2009, Suzanne E. -
Technique of Legal Research for the Practicing Lawyer*
LAW LIBRARY. JOURNAL Volume 31 JANUARY, 1938 Number 1 TECHNIQUE OF LEGAL RESEARCH FOR THE PRACTICING LAWYER* FREDERICK c.·HICKS Professor of Law and Law Librarian, Yale University Law School ·Research is a word to conjure with. By its use vast sums of money have been extracted from the treasuries of foundations, corporations and universities, and by devotion to it in action, the ancient world has been transformed into the marvelous world o£ today. There are two kinds o£ research, pure research which seeks to extend the bounds of knowledge by discoveries; and a more humble kind which takes facts already known, assembles them, and classifies them in new ways, thereby bringing to light new relationships·. In this kind of research, one searches again for the innermost meaning of that which is dealt with. It is in this sense that lawyers do research. Not only practicing lawyers, but legislators, judges, and legal writers also engage in this secondary kind of research. They do more than this when they seek not merely legislation and judicial decisions, but all elements which in the end will affect the result. These elements are very numerous and they are constantly changing. It is for this reason that the simple question What is the law on this or that point? is so difficult to answer. For the lawyer knows that quoting the words of a statute or case does not tell what the result of new litigation will be. In other words, bel;avior changes concerning the pronouncements of legislatures and courts, both on the part of judges and of enforcement officers. -
Legal Analysis, Research, and Writing
8 CHAPTER LEGAL ANALYSIS, RESEARCH, AND WRITING SUMMARY OF KEY CONCEPTS possibility of treating the county’s inadequate storm drain systems as a public or private nui- Section 1. Legal Analysis sance. Obviously, the legal assistant will have to understand the concept of “nuisance” and its pri- Legal analysis is the link between legal research vate and public variations. It will be necessary to and legal writing. Legal research is the foundation determine whether a local government is exempt for sound legal analysis. Paralegals engage in legal from nuisance liability, either by statute or under research to: the common law. Although the attorney has not • answer specific questions; asked the legal assistant to research issues of dam- • find legal principles and authorities that can ages, she should be alert for case law which might affect the client’s interests; and, support the recovery of damages for emotional distress, in case that issue arises later. • provide guidance for the client to deal with When researching these issues, the paralegal some situation in a lawful and beneficial will be using various sources of legal authority. It is manner. essential to understand their differences and how To be successful in legal research, one must un- they can govern or influence the outcome of any le- derstand her objective. When the legal assistant gal controversy. Primary sources always state the takes on a new research assignment, it is custom- law, and are either constitutional, statutory, regula- ary for the attorney to brief her on the circum- tory or case law. Primary sources for Texas law are stance and purpose, so that her research can be fo- mandatory authority for the courts of Texas—those cused and effective. -
10 Must-Know Tips for Internet Legal Research on the Cheap
ATTORNEY AT WORK TIP SHEET F R D E E O A 10 Must-Know Tips D O W N L for Internet Legal Research on the Cheap To help lawyers find reliable free or low-cost resources online, and to learn to use them effectively, Carole Levitt, a lawyer and former law librarian, collaborated with Judy Davis, a lawyer and current law librarian, to write “Internet Legal Research on a Budget” (ABA, 2014). They tested and evaluated the best legal research sites — describing how to actually use each site, often step by step, and with plenty of screen shots to illustrate. Since saving money is always worth investigating, we asked Carole for a few quickly digestible nuggets to get you started. She came through with links to the go-to spots for resolving legal quandaries on the cheap — and you’ll find a special offer at the end of this tip sheet, too. — Attorney at Work BY CAROLE A. LEVITT | Legal research and the Internet clearly go hand in hand — 96 percent of lawyers in the 2013 ABA Legal Technology Survey said they conduct legal research online. But despite the abundant free resources available on the Internet, most new lawyers spend their research hours piling up database charges. A 2012 Research Intelligence Group survey found that new associates (in practice five years or less) did an average of 14.5 hours of legal research per week — but only four of those hours were spent using free or low-cost online resources. The same is likely true for a lot of experienced lawyers — sometimes it’s just easier to stick with the tools you’ve used over the years. -
Legal Research for Young Lawyers
Legal Research for Young Lawyers “Lawyers do not know so much more law than other people, but they know better where to find it.” - King George II Course objectives: To guide you in developing a research methodology that can apply to any legal question, big or small. To expose you to new sources beyond Westlaw and Lexis. To make provide you with the tools you need to be cost-effective on Westlaw or Lexis. To help you understand when the research phase should come to an end. The Major Stages of Legal Research 1. Identification and Formulation of a Research Problem 2. Review of Literature 3. Formulation of a Hypothesis 4. Research Design 5. Collection of Data 6. Analysis & Interpretation of Data 7. Research Report 1. Identification and Formulation of a Research Problem: A problem well put is half solved. This stage is of the utmost importance. In fact, success of research depends upon the selection of an apt research problem and its proper formulation. A researcher must always be mindful of the fact that the question must be phrased in such a way that it becomes viable and allows for the discovery of new knowledge. In other words, your initial research questions should be broad, yet targeted. First, identify your objective. Are you asking the court for relief? Are you opposing relief? Is the goal an evidentiary hearing? A summary judgment? Second, identify the particular research problems that stand between you and your objective. What law do you need to know to make your argument? What facts, statistics, etc. -
10 Quick Tips for Using Westlaw
QUICK REFERENCE GUIDE 10 Quick Tips for Using Westlaw Westlaw contains many features that help you do effi cient research. Here are 10 tips for common research tasks on Westlaw®. Many of these tasks can be done from a single location – the search box, powered by WestSearch®, at the top of every Westlaw page. 1. Find a document by citation Type the Find command ( fi nd: or fi : ), followed by a citation, in the search box at the top of any page. The format is fl exible and not sensitive to spaces or case. To fi nd multiple citations, type fi nd: or fi : followed by up to 30 citations, separated by semicolons or hard returns, in the search box. 2. Use autosuggest to fi nd a case by party name, publication, content to search and more To search for a case, specifi c publication or content set, type a few letters of what you are looking for in the search box and select the content you want from the drop-down list. QUICK REFERENCE GUIDE 3. Check a citation in KeyCite to determine whether your case, statute, administrative decision, or regulation is still good law Type the KeyCite® command ( keycite: or kc: ), followed by a citation, in the search box. Note: For a reminder of what the fl ags mean, click the Powered by KeyCite at the top of a document 4. Run searches in plain language or Terms and Connectors Use plain language or Terms and Connectors to search on Westlaw. WestSearch, a search engine designed specifi cally for law, incorporates over 125 years of proprietary analysis of the law and exclusive tools like Key Numbers, KeyCite, headnotes, notes of decisions, indexes, and secondary sources to deliver relevant results no matter what type of search you run. -
Legal Research Using Technological Tools: Librarians' View
Cleveland State University EngagedScholarship@CSU Law Faculty Contributions to Books Faculty Scholarship 2015 Legal Research Using Technological Tools: Librarians' View Lauren M. Collins Cleveland-Marshall College of Law, Cleveland State University, [email protected] Susan Silver Whitney Curtis Follow this and additional works at: https://engagedscholarship.csuohio.edu/fac_book_contributions Part of the Education Law Commons, Law Librarianship Commons, and the Legal Writing and Research Commons How does access to this work benefit ou?y Let us know! Repository Citation Collins, Lauren M.; Silver, Susan; and Curtis, Whitney, "Legal Research Using Technological Tools: Librarians' View" (2015). Law Faculty Contributions to Books. 244. https://engagedscholarship.csuohio.edu/fac_book_contributions/244 This Contribution to Book is brought to you for free and open access by the Faculty Scholarship at EngagedScholarship@CSU. It has been accepted for inclusion in Law Faculty Contributions to Books by an authorized administrator of EngagedScholarship@CSU. For more information, please contact [email protected]. LEGAL STUDIES RESEARCH PAPER SERIES Research Paper No. 123 LEGAL RESEARCH USING NEW TECHNOLOGICAL TOOLS Whitney A. Curtis Susan Silver Lauren Michelle Collins Research Methods in the Study of Legal Issues in Education 2nd Edition (Forthcoming) Electronic copy available at: http://ssrn.com/abstract=2534190 Legal Research Using New Technological Tools Introduction The technology revolution has impacted every aspect of our daily lives. It is hard to imagine a world without smartphones and the Internet. Where and how we access information has changed dramatically over the last decade. Gone are the days of traveling to the library check out books and read printed journal articles. -
Is Legal Practice Management Software Worth It?
Is Legal Practice Management Software Worth It? The Risk of Not Choosing the Right Legal Software Table of Contents 1. Calculate True Value ...................................................... 4 2. Organizational Solutions with LPMS .................................. 6 a. Matter Management ................................................................... 6 b. Communication Management ....................................................... 7 c. Form Library ............................................................................ 8 d. Legal Calendaring ..................................................................... 8 e. Integrations Tools ...................................................................... 9 3. LPMS Improves Productivity .............................................. 11 a. No-Click Time-Tracking Software .................................................... 11 b. Legal Document Generation and Assembly ...................................... 12 c. Legal Tasks and Workflows .......................................................... 13 d. Mobile App ............................................................................. 14 4. LPMS Improves Profitability .............................................. 15 a. Legal Billing Software ................................................................. 15 b. Law Firm Insights ..................................................................... 16 5. World Class Support ................................................... 17 6. Is It Worth It? ................................................. -
The Implications of Westlawnext on Legal Research Ronald Wheeler Boston Univeristy School of Law
Boston University School of Law Scholarly Commons at Boston University School of Law Faculty Scholarship 2011 Does WestlawNext Really Change Everything: The Implications of WestlawNext on Legal Research Ronald Wheeler Boston Univeristy School of Law Follow this and additional works at: https://scholarship.law.bu.edu/faculty_scholarship Part of the Legal Writing and Research Commons Recommended Citation Ronald Wheeler, Does WestlawNext Really Change Everything: The Implications of WestlawNext on Legal Research, 103 Law Library Journal 359 (2011). Available at: https://scholarship.law.bu.edu/faculty_scholarship/518 This Article is brought to you for free and open access by Scholarly Commons at Boston University School of Law. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarly Commons at Boston University School of Law. For more information, please contact [email protected]. University of San Francisco School of Law University of San Francisco Law Research Paper No. 2011-09 DOES WESTLAWNEXT REALLY CHANGE EVERYTHING: THE IMPLICATIONS OF WESTLAWNEXT ON LEGAL RESEARCH Ronald E. Wheeler Jr. Electronic copy available at: http://ssrn.com/abstract=1773767 LAW LIBRARY JOURNAL Vol. 103:3 [2011-23] Does WestlawNext Really Change Everything? The Implications of WestlawNext on Legal Research* Ronald E. Wheeler** WestlawNext, Thomson Reuters’s newest electronic research service, has now been around for over a year. Professor Wheeler shares his thoughts on how this service may impact various aspects of legal research, and suggests that further study and research are necessary to fully evaluate and understand the system. Introduction . .359 What.Is.WestlawNext?. .360 The.Process.of.Legal.Research. -
2017 Law Practice Management Syllabus
Law Practice Management George Mason University School of Law Fall 2017 Instructors: David Ginsberg and Robert Feisee Telephones: 703-934-1480 and 703-654-6019 E-mails: [email protected] and [email protected] Professor Ginsberg is a founding partner in a family law firm in Fairfax, Virginia. Professor Feisee is the founding partner in a trusts and estates firm in Ashburn, Virginia. Both Professors are 1996 graduates of the George Mason University School of Law. Required Texts: Law Practice Management: Materials and Cases (4th Edition) (Introduction to Law Practice: Organizing and Managing Legal Work) by Gary A. Munneke and The E- Myth Revisited by Michael Gerber. Course Purpose: This course was created for students who plan to enter private practice as a lawyer or firm manager. The course is designed to help students identify and develop solutions to management and business issues that arise in law practices. The course offers practical advice and guidance regarding the management of your practice regardless of the firm size that the student plans to join. Course Policies: Introduction: Law Practice Management is a two credit, one semester course that will meet for two hours once a week. The course is designed to provide you with a foundation in law practice management. It will expose you to all aspects of the administrative and business side of a law firm whether you want to hang a shingle or become a partner in a medium to large size firm. It will acquaint you with the practical and ethical issues surrounding billing, trust accounts, and collections; marketing for lawyers, and client interaction from the initial consult to conclusion of representation. -
Materials Available from the Practice Management Assistance Program Check-Out Library
MATERIALS AVAILABLE FROM THE PRACTICE MANAGEMENT ASSISTANCE PROGRAM CHECK-OUT LIBRARY Business Planning Firm Organization & Dissolution Career Advancement & Satisfaction Management & HRPersonal Finances & Client Development & Relations Retirement Planning Ethics, Professionalism & Risk Substantive Law Practice Aids Management Surveys Financial Management Technology Billing Business Planning Anatomy of a Law Firm Merger: How to Make or Break the Deal, 3rd edition, Hildebrandt International (ABA - 2004) This book was written to help firms decide whether they should consider merger, why merger might or might not work, and how to go about making the decision to merge and ultimately integrating the merged firms. Attorney and Law Firm Guide to the Business of Law: Planning and Operating for Survival and Growth - 2nd edition by Edward Poll (ABA - 2001) Completely overhauled comprehensive guide to developing, implementing and evaluating a law firm business plan, law firm financial management, client development, employee management, and more. Business Competency for Lawyers: A LawBiz Management Special Report by Edward Poll (LawBiz® Management Company - 2006) This is a quick, easy read for any busy lawyer on the go. Learn Ed's A to Z basics for managing and running a successful law business without getting into too many details. From managing your cash flow and collections process to weighing the ROI of your technology purchases, this book will give you the essentials on how to make more profitable decisions concerning every part of your law