Journal articles: 'Non-lawyers'

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Germain, Claire. "Teaching Legal Research to Non-Lawyers." Legal Reference Services Quarterly 8, no. 1-2 (May 26, 1988): 247–71. http://dx.doi.org/10.1300/j113v08n01_10.

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Morris, Robert J. "The teaching of law to non‐lawyers." International Journal of Law in the Built Environment 2, no. 3 (October 5, 2010): 232–45. http://dx.doi.org/10.1108/17561451011087328.

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Ardill, Allan. "Non-Indigenous Lawyers Writing about Indigenous People." Alternative Law Journal 37, no. 2 (June 2012): 107–10. http://dx.doi.org/10.1177/1037969x1203700208.

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Jatala, Muddasser, Syed Akmal Hussain, and Akhlaq Ahmad. "RESOURCE MOBILIZATION ANALYSIS OF LAWYERS' MOVEMENT IN PAKISTAN (2007-2009)." Humanities & Social Sciences Reviews 9, no. 3 (June 23, 2021): 1124–34. http://dx.doi.org/10.18510/hssr.2021.93111.

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Purpose of the study: The purpose of the study is to define and analyse the lawyers' movement in Pakistan remains an active social movement from 2007 to 2009. Methodology: Qualitative research approach is the utmost appropriate approach to explore the resources mobilization process, in the lawyers’ movement in Pakistan. To achieve deeper insights into the actions, perceptions, and experiences of the respondents in the lawyers' movement of Pakistan, almost 20 open-ended interviews were taken in-depth and mostly face-to-face interviews. Give one more line of info about methodology. Main Findings: The lawyers' movement emerged in March 2007 in reaction to the unconstitutional dismissal of Chief Justice (CJ) of Supreme Court Pakistan by former General Pervez Musharraf. The lawyers' movement was the ultimate result of judicial-executive contention in Pakistan. Applications of the Study: This paper will offer analyses of the lawyers' movement in the context of a social movement from a non-western country like Pakistan. This paper seeks to examine the lawyers’ movement (2007–2009) to explore the resource mobilization in the lawyers' movement in Pakistan. Novelty/Originality of this study: The resource mobilization theory (RMT) has been utilized as the theoretical framework with the acumen of qualitative approach for this investigation in the non-western setting.

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Sowter, Deanne M. "Advocacy in Non-Adversarial Family Law: A Recommendation for Revision to the Model Code." Windsor Yearbook of Access to Justice 35 (May 30, 2018): 401–32. http://dx.doi.org/10.22329/wyaj.v35i0.5788.

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Family law is evolving towards non-adversarial dispute resolution processes. As a result, some family lawyers are representing clients who are trying to reach settlements that recognize their interests, instead of just pursuing their legal rights. By responding to the full spectrum of client needs, lawyers are required to behave differently than they do when they are representing a client in a traditional civil litigation file. They consider the emotional and financial consequences of relationship breakdown – things that are not typically within the purview of the family law lawyer. They objectively reality check with their clients, and they approach interest-based negotiations in a client-centric way. These lawyers view their role as that of a non-adversarial advocate, and their clients as whole people with interests that are not just legal. This paper draws on an empirical study involving focus groups with family law lawyers, to argue that the Federation of Law Societies of Canada’sModel Code of Professional Conductneeds to be updated to incorporate non-adversarial advocacy. The lawyers in the study viewed non-adversarial advocacy as being responsive to client needs, and in the interest of clients’ children. This paper draws from the study to establish what constitutes non-adversarial advocacy and then it presents a proposal for revising Rule 5 (Advocacy) of the Model Code.

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Blanck, Peter, Fitore Hyseni, and Fatma Altunkol Wise. "Diversity and Inclusion in the American Legal Profession: Discrimination and Bias Reported by Lawyers with Disabilities and Lawyers Who Identify as LGBTQ+." American Journal of Law & Medicine 47, no. 1 (March 2021): 9–61. http://dx.doi.org/10.1017/amj.2021.1.

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AbstractPurposeThis article is part of an ongoing body of investigation examining the experiences of lawyers with diverse and multiple minority identities, with particular focus on lawyers with disabilities; lawyers who identify as lesbian, gay, bisexual, transgender, and queer (“LGBTQ+” as an overarching term); and lawyers with minority identities associated with race and ethnicity, gender, and age. The focus of this article is on discrimination and bias in their workplaces as reported by the lawyers experiencing it.MethodsWe employ survey data from the first phase of this investigation, gathered from the survey responses of 3590 lawyers located across all states in the United States and working in most types and sizes of legal venues. The data were collected between 2018 and 2019, before the 2020 pandemic. We estimate differences across three categories of discrimination reported—subtle-only discrimination, overt-only discrimination, and both subtle and overt discrimination. We estimate the nature and magnitude of associations among individual and organizational variables, and we use multinomial logistic regression to illustrate relative risks of reports of discrimination for intersecting identities.ResultsAs compared to non-disabled lawyers, lawyers with disabilities show a higher likelihood of reporting both subtle and overt discrimination versus no discrimination. Similarly, lawyers who identify as lesbian, gay, bisexual, and queer (“LGBQ”) show a higher likelihood of reporting both subtle and overtdiscrimination, and subtle-only discrimination, as compared to lawyers who identify as straight/heterosexual. Women lawyers and lawyers of color are more likely to report all three types of discrimination. In general, younger lawyers are more likely to report subtle-only discrimination when compared to older lawyers. Lawyers working at a private firm are less likely to report all types of discrimination, while working for a larger organization is associated with a higher relative risk of reporting subtle-only discrimination versus no discrimination.ConclusionsThe current study represents a next, incremental step for better understanding non-monochromatic and intersectional aspects of individual identity in the legal profession. The findings illustrate that primary individual and multiple minority identities, as identified by disability, sexual orientation, gender, race/ethnicity, and age, are associated with reports of discrimination and bias in the legal workplace.

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Brigstocke, Julian R., David A. Shields, and John H. Scurr. "Clinical negligence lawyers: specialists versus non-specialists – the evidence." Clinical Risk 16, no. 2 (March 2010): 43–48. http://dx.doi.org/10.1258/cr.2009.090042.

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Maveety, Nancy, and Vello Pettai. "Government Lawyers and Non-judicial Constitutional Review in Estonia." Europe-Asia Studies 57, no. 1 (January 2005): 93–115. http://dx.doi.org/10.1080/0966813052000314129.

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Andrews, Neil. "CONSULTATION WITH NON-LAWYERS IS NOT PRIVILEGED AT COMMON LAW." Cambridge Law Journal 72, no. 2 (July 2013): 284–87. http://dx.doi.org/10.1017/s0008197313000457.

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Wagar, Terry H. "The effect of lawyers on non-discipline/discharge arbitration decisions." Journal of Labor Research 15, no. 3 (September 1994): 283–93. http://dx.doi.org/10.1007/bf02685771.

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Sokolov, N. Ya. "Lawyers on the Topics Covered by the Mass Media due to the Fact that Mass Media are Interested in Them." Actual Problems of Russian Law, no. 1 (January 1, 2019): 11–20. http://dx.doi.org/10.17803/1994-1471.2019.98.1.011-020.

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The article highlights that, in the legal literature, the authors, for obvious reasons, focus mainly on the analysis of the professional side of the life of lawyers. While the non-professional side of their life stays out of the researchers’ attention. Meanwhile, both sides have an impact on each other and interrelate to a certain extent. Thus, the issues associated with the lawyers’ interest to topics covered by the mass media are interesting not only for scientific but also for practical purposes. In this regard, the article presents the results of the author’s sociological study of the professional culture of lawyers. It is shown how the work experience, age and other factors influence the interest of lawyers in the topics covered by the mass media.

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James, Colin. "Legal practice on time: The ethical risk and inefficiency of the six-minute unit." Alternative Law Journal 42, no. 1 (March 2017): 61–66. http://dx.doi.org/10.1177/1037969x17694786.

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Many law firms use time billing for client work with the ‘six-minute unit’ as the standard measure combined with billing ‘targets’ for employed lawyers, sometimes set at more than three times their salary. Time billing is designed to maximize the productivity of lawyers and provide a quantifiable rationale for billing clients, but is often used to control staff and identify ‘non-performers’. This paper critiques time billing and draws on its history and recent research to argue the practice not only motivates inefficiency, it increases the risk of ethical breaches, enables bullying by supervisors, may cause anxiety and mental health issues among employed lawyers, and contributes to the loss of good lawyers especially of women from the profession. The paper presents alternatives to time billing and suggests leading firms will recognise the advantages of adopting them ahead of professional regulators mandating change.

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Rigertas, Laurel. "USA: Regulating Non-Lawyers to Close the Access to Justice Gap." Legal Ethics 16, no. 2 (December 31, 2013): 384–85. http://dx.doi.org/10.5235/1460728x.16.2.384.

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JAFFE, JAMES. "Gandhi, Lawyers, and the Courts' Boycott during the Non-Cooperation Movement." Modern Asian Studies 51, no. 5 (June 22, 2017): 1340–68. http://dx.doi.org/10.1017/s0026749x1600024x.

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AbstractThis article analyses the role of the legal profession and the evolution of aspects of Indian nationalist ideology during the Non-Cooperation Movement of 1920–22. Very few legal professionals responded to Gandhi's call to boycott the British courts despite significant efforts to establish alternative institutions dedicated to resolving disputes. First identified by leading legal professionals in the movement as courts of arbitration, these alternative sites of justice quickly assumed the name ‘panchayats’. Ultimately, this panchayat experiment failed due to a combination of apathy, repression, and internal opposition. However, the introduction of the panchayat into the discourse of Indian nationalism ultimately had profound effects, including the much later adoption of constitutional panchayati raj. Yet this discourse was then and remains today a contested one. This is largely a legacy of Gandhi himself, who, during the Non-Cooperation Movement, imagined the panchayat as a judicial institution based upon arbitration and mediation. Yet, after the movement's failure, he came to believe the panchayat was best suited to functioning as a unit of village governance and administration.

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Semple, Noel. "Male, Pale, and Stale? Diversity in Lawyers’ Leadership." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 31, no. 03 (November 21, 2016): 405–27. http://dx.doi.org/10.1017/cls.2016.33.

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Abstract When lawyers elect the leaders of their self-regulatory organizations, what sort of people do they vote for? How do the selection processes for elite lawyer sub-groups affect the diversity and efficacy of those groups? This article quantitatively assesses the demographic and professional diversity of leadership in the Law Society of Upper Canada. After many years of underrepresentation, in 2015 visible minority members and women were elected in numbers proportionate to their shares of Ontario lawyers. Regression analysis suggests that being non-white was not a disadvantage in the 2015 election, and being female actually conferred an advantage in attracting lawyers’ votes. The diverse employment contexts of the province’s lawyers were also represented in the elected group. However, early-career lawyers were completely unrepresented. This is largely a consequence of electoral system design choices, and can be remedied through the implementation of career-stage constituencies. The Law Society’s “benchers” are more demographically diverse than other elite lawyer sub-groups, such as judges, and the open and transparent selection process may be part of the reason.

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Arroyo, Gustavo Javier. "Philosophers as Intuitive Lawyers." Contemporary Pragmatism 15, no. 1 (February 22, 2018): 46–65. http://dx.doi.org/10.1163/18758185-01501004.

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Philosophers have traditionally described themselves as “intuitive scientists”: people seeking the most justified theories about distinctive aspects of the world. Relying on insights from philosophers as Samuel Taylor Coleridge and Williams James, I argue that philosophers should be described instead as “intuitive lawyers” who defend a point of view largely by appealing to non-cognitive reasons.

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Melville, Angela, and Karen Laing. "Closing the gate: family lawyers as gatekeepers to a holistic service." International Journal of Law in Context 6, no. 2 (May 21, 2010): 167–89. http://dx.doi.org/10.1017/s1744552310000066.

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AbstractIn 2001, the Legal Services Commission (LSC) introduced a new pilot, the Family Advice and Information Network (FAInS), which recognised that family law clients typically face a cluster of legal and non-legal issues. Family lawyers involved in FAInS were encouraged to address a client’s legal problems, and then refer the client to other services for assistance with non-legal issues. In this way, family law clients were to be offered a holistic service, with the lawyer acting as a ‘case manager’ who helped match services to their client’s individual needs. This article presents data drawn from an evaluation of FAInS, and shows that lawyers did not regularly refer their clients to other services, with referrals largely being limited to mediation. We conclude that family lawyers are not necessarily the most appropriate gatekeepers, and propose a number of alternatives for providing a multi-agency approach to resolving family law issues.

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Wiesmann, Eva. "Zum Wissen des Rechtsübersetzers und zur Wissensaufbereitung in übersetzerischen Hilfsmitteln." HERMES - Journal of Language and Communication in Business 21, no. 40 (August 28, 2017): 241. http://dx.doi.org/10.7146/hjlcb.v21i40.96800.

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This article deals with the difﬁ culties encountered by the translator with no legal back-ground in consulting resources conveying legal knowledge, ranging from the text of the law to the legal encyclopaedia, designed for lawyers, lawyers and non-lawyers, lawyers and legal translators respectively. Starting from the translation from Italian into German of a text of company law, there is ﬁrst of all a description of the legal knowledge required by the legal translator to translate the legal text in question and the legal knowledge conveyed by the text for translation itself. After an overview of the resources that the legal translator may draw on to integrate any gaps in his legal knowledge, there is an illustration of the problems linked to the different types of resources, concluding with a demonstration of the advantages of a resource such as JUSLEX, designed and created exclusively for the legal translator.

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Lewis, A. D. E. "The Background to Bentham on Evidence." Utilitas 2, no. 2 (November 1990): 195–219. http://dx.doi.org/10.1017/s0953820800000662.

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The path of those who would approach the study of Bentham's writings on Evidence has been considerably smoothed by the recent publication of William Twining's work on the evidence theories of Bentham and Wigmore. The material on evidence is now being tackled by the Bentham Project. It presents no easy task. The central core, The Rationale of Judicial Evidence, edited and published by John Stuart Mill in 1827, exists only in the printed version, the MSS from which Mill worked having disappeared. But a substantial body of related material which survives has yet to be thoroughly investigated, though William Twining has made a gallant start. A new edition of the work hitherto known as ‘An Introductory View of the Rationale of Evidence’, first printed in full in the Bowring edition of the Works of Jeremy Bentham is in preparation. The first fruits of this endeavour is that the title of that work as it should appear in due course in the new Collected Works will be Introduction to the Rationale of Evidence: An Introductory View for the Use of Lawyers as well as Non-lawyers, the title in fact given to the work by Bentham. It is intended that what follows should similarly be of use to non-lawyers as well as lawyers.

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Kauffman, Blair. "Information Literacy in Law: Starting Points for Improving Legal Research Competencies." International Journal of Legal Information 38, no. 3 (2010): 339–51. http://dx.doi.org/10.1017/s0731126500005904.

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AbstractImproving information literacy in law translates into developing methods for improving legal research competencies among lawyers, law students and the general public. This paper summarizes four approaches for improving legal research skills of prospective lawyers in U.S. law schools and discusses their successes and shortcomings to help assess their potential application in an international environment. These approaches include: (1) offering mandatory law school courses in legal research; (2) adding elective (or optional) credit based courses in legal research; (3) offering non-credit legal research support to law students at their point of need; and (4) testing prospective lawyers on their legal research competencies as a requirement to being licensed to practice law.

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Eltsov, Nikolay Sergeyevich. "THE LEGAL POSITION OF THE EUROPEAN ASSOCIATIONS OF LAWYERS." Current Issues of the State and Law, no. 9 (2019): 6–15. http://dx.doi.org/10.20310/2587-9340-2019-3-9-6-15.

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We consider the legal situation specificity and the main activities of European associations of lawyers. Communities of judges, prosecutors, lawyers in public service are quite rare and, as in Russian practice, are not considered as public (non-governmental) associations. Membership in the association of lawyers of European countries is mainly associated with such professional activities as advocacy and notary, which is a private legal component of legal activity. The main tasks of many associations of lawyers is to protect the interests of its members, training and retraining of association members. Membership in these associations does not give any financial privileges, in Western European professional legal associations at the regulatory level, tax benefits for members of these organizations and legal instruments for professional growth are fixed. We analyze the activities of such associations as the German lawyer association, the Bar Association of the Federal Republic of Germany and the Republic of China (Taiwan), the European Bar Association for democracy and human rights. On the basis of the comparative and legal characteristics of Russian and European associations of lawyers we made a conclusion about the distinctive and similar features in their legal position.

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Ruoting, Zheng, and Hu Jieren. "Mediating state–society disputes in China: Outsourced lawyers and their selective responses." China Information 34, no. 3 (December 3, 2019): 383–405. http://dx.doi.org/10.1177/0920203x19887670.

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Where popular contention in China is concerned, third parties are not merely supporters of protesters but also allies of the state. Through quantitative and qualitative methods, this article uses an actor-centred perspective to explore the dual role of Chinese lawyers in state dispute resolution projects. When providing legal counselling services to the public, lawyers adopt selective strategies and channel non-political cases into legal channels while keeping political cases within the political arena. When handling social disputes for the government, however, they apply professional diagnoses and legal persuasion, and intervene through mediation and negotiation. Three factors constrain the effectiveness of Chinese lawyers during dispute resolution. These are the limited access to cases, the dilemmas inherent in acting simultaneously both as a third party and as a state agent, and the restricted influence of lawyers over the final resolution of social disputes. This article argues that the selective responses of Chinese lawyers during legal counselling and strategic defence of state power in dispute resolution make them a governance tool for stability maintenance. Their participation contributes more to legal repression than to legal development in contemporary China.

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Pambo, Kennedy Otieno. "Designating lawyers as reporting entities under the Kenya’s anti-money laundering regime." Journal of Money Laundering Control 23, no. 3 (March 13, 2020): 637–49. http://dx.doi.org/10.1108/jmlc-07-2019-0063.

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Purpose Kenya has made little progress in its endeavor to categorize lawyers as designated non-financial businesses and professionals (DNFBPs), despite making spirited attempts in 2007, 2018 and lately in 2019. The legal professionals are, therefore, not bound by the reporting and other stringent obligations imposed by the Financial Action Task Force (FATF) to deter possible misuse by money launderers. The purpose of this paper, therefore, is to enumerate the ongoing efforts toward designating lawyers as DNFBPs in Kenya. The paper also assesses the institutional and legislative incentives (as well as barriers) for imposing the anti-money laundering (AML) duty thereto. Design/methodology/approach The paper provides a qualitative review of Kenya’s AML legislative framework and the potential support/hindrance to imposing the AML duty on lawyers. Also, this paper provides a suggestion for possible solutions. Findings The legislative framework in Kenya has outlawed money-laundering, and lawyers can be compelled to disclose confidential information observed in the course of employment if it embodies crime or fraud. Thus, imposing the AML obligation on lawyers is nothing out of the ordinary, rather a mere creation for a formal disclosure mechanism. However, this paper also revealed divergent views that merit reconciliation for the seamless designation of lawyers. Originality/value To enhance the legislative framework in Kenya, the paper borrows from the FATF’s Interpretive Note to Recommendation 23 and suggests a practical solution to the apparent conflict between the legal professional privilege and the AML duty.

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Vuille, Joelle, and William C. Thompson. "An American Advantage? How American and Swiss Criminal Defense Attorneys Evaluate Forensic DNA Evidence." International Commentary on Evidence 14, no. 1 (January 18, 2016): 1–41. http://dx.doi.org/10.1515/ice-2016-0002.

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AbstractCritics of the American system of justice sometimes perceive “inquisitorialism” as an attractive alternative. In this article we will report a comparative study investigating the way forensic DNA evidence is handled in criminal prosecutions in the Swiss and American systems, focusing particularly on the behavior of criminal defense lawyers. We will argue that the successes and failures of American and Swiss lawyers in this context offer important insights into the relative strengths and limitations of adversarial and non-adversarial legal systems.

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Klabbers, Jan. "The Normative Gap in International Organizations Law." International Organizations Law Review 16, no. 2 (December 16, 2019): 272–98. http://dx.doi.org/10.1163/15723747-01602004.

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This article aims to inventorize, discuss and analyze the normative output of the WHO, and aims to do so not in terms of ‘binding’ versus ‘non-binding’ instruments or ‘hard’ law versus ‘soft’ law, but in terms of the epistemic authority exercised by and through the WHO. This broader focus allows for a discussion not just of treaties and resolutions, but also of the normative effect of training courses produced by the WHO, or such documents as the World Health Reports. In the background resides the idea that there is a disjuncture between the authority exercised by international organizations, and the tools lawyers have readily available to evaluate such authority: the normative gap of the title. The article enjoins lawyers broaden their repertoire, as precisely lawyers would be well-equipped to address epistemic authority.

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CHENG, Kevin Kwok-yin. "The Practice and Justifications of Plea Bargaining by Hong Kong Criminal Defence Lawyers." Asian Journal of Law and Society 1, no. 2 (June 23, 2014): 395–412. http://dx.doi.org/10.1017/als.2014.11.

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AbstractUnlike Western common-law jurisdictions where plea bargaining has been acknowledged, official discourse in Hong Kong denies the existence of plea bargaining. However, defence lawyers are staunch supporters of its use behind the scenes. Using in-depth, semi-structured interviews with Hong Kong criminal defence lawyers, it was found that lawyers’ justifications are based on four main grounds: it is non-coercive because the final decision is left to the accused; negotiations avoid the risks of trials; plea bargaining is a practical solution that is in the best interests of the client and the state; and the courts implicitly tolerate the practice. The findings can be explained by Eisenstein and Jacob’s (1991) courtroom workgroup model. The present study seeks to bridge the gap in the literature where plea bargaining has only been discussed predominately in the context of Western common-law jurisdictions.

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Lopes, Susana Almeida, Maria Eduarda Duarte, and João Almeida Lopes. "Can artificial neural networks predict lawyers’ performance rankings?" International Journal of Productivity and Performance Management 67, no. 9 (November 19, 2018): 1940–58. http://dx.doi.org/10.1108/ijppm-08-2017-0212.

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Purpose The purpose of this paper is to propose a predictive model that could replace lawyers’ annual performance rankings and inform talent management (TM) in law firms. Design/methodology/approach Eight years of performance rankings of a sample of 140 lawyers from one law firm are used. Artificial neural networks (ANNs) are used to model and simulate performance rankings over time. Multivariate regression analysis is used to compare with the non-linear networks. Findings With a lag of one year, performance ranking changes are predicted by the networks with an accuracy of 71 percent, over performing regression analysis by 15 percent. With a lag of two years, accuracy is reduced by 4 percent. Research limitations/implications This study contributes to the literature of TM in law firms and to predictive research. Generalizability would require replication with broader samples. Practical implications Neural networks enable extended intervals for performance rankings. Reducing the time and effort spent benefits partners and lawyers alike, who can instead devote time to in-depth feedback. Strategic planning, early identification of the most talented and avenues for tailored careers become open. Originality/value This study pioneers the use of ANNs in law firm TM. The method surpasses traditional static study of performance through its use of non-linear simulation and prediction modeling.

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Fellows, Cynthia S., Philip Leith, and Joe Ury. "Assessing BAILII in 2012." Legal Information Management 12, no. 3 (September 2012): 158–64. http://dx.doi.org/10.1017/s1472669612000412.

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AbstractCynthia Fellows, Philip Leith and Joe Ury report on the survey responses to a usage and attitudinal project carried out in early 2012 by the British and Irish Legal Information Institute (BAILII). There were 3,274 survey participants and their responses demonstrate substantial support for BAILII as an open access mechanism, a technically competent dissemination tool and a useful resource for lawyers and non-lawyers alike. Such positive response, we suggest, indicates that BAILII's resources are now threaded through the fabric of UK digital legal information, strengthening the ability of all citizens to access and become better informed about the laws of the land.

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Ukrainets, I. A. "Problems of Teaching a Foreign Language in Professional Activities during the Pandemic." Язык и текст 7, no. 4 (2020): 61–70. http://dx.doi.org/10.17759/langt.2020070405.

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The article is devoted to the problems of teaching undergraduates of non-linguistic universities the professional legal and economic language in the new conditions of the coronavirus pandemic. The author analyzes the problems faced by the teachers of universities around the world in completely new conditions, and, in particular, before the teachers who train lawyers and economists, changes in the tasks and methods of teaching. Based on her many years of experience in teaching the subject to lawyers and economists, the author examines and suggests ways and methods of teaching professional English in the new conditions of the pandemic.

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Martin, Andrew Flavelle. "The limits of professional regulation in Canada: law societies and non-practising lawyers." Legal Ethics 19, no. 1 (January 2, 2016): 169–72. http://dx.doi.org/10.1080/1460728x.2016.1188541.

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Casagrande, Alberto, and Marco Spallone. "Investigating the determinants of pretrial settlement rates: contingent versus non-contingent lawyers’ fees." European Journal of Law and Economics 24, no. 1 (August 2, 2007): 1–13. http://dx.doi.org/10.1007/s10657-007-9018-6.

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Saputri, Karin, Hasnah Faizah, and Charlina Charlina. "Negasi dalam Tuturan Peserta Diskusi Indonesia Lawyers Club." SASTRANESIA: Jurnal Program Studi Pendidikan Bahasa dan Sastra Indonesia 9, no. 1 (February 1, 2021): 29. http://dx.doi.org/10.32682/sastranesia.v9i1.1788.

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AbstractThis study aims to describe the form of negation and the purpose of using negation in the speeches of the participants in the discussion of the Indonesia Lawyers Club with the theme of the Controversy over the Draft Criminal Code (RKUHP). The method used is descriptive analytical method. In this study, two forms of negation are explained, namely formal and informal negation and the purpose of using negation. Every form of negation has a marker. The markers in the form of formal negation are: words not, no, and without. Meanwhile, markers in the form of non-formal negation are: no, no, no. The purpose of using negation in the RKUHP Controversy Indonesia Lawyers Club event is to refute and negate the statement of the interlocutor. Data collection techniques used documentation techniques, observation techniques, and note-taking techniques. Data analysis techniques by classifying and analyzing the data found. Keyword: Negation form, purpose of using negation, Indonesia Lawyers Club AbstrakPenelitian ini bertujuan untuk mendeskripsikan bentuk negasi dan tujuan penggunaan negasi dalam tuturan peserta diskusi Indonesia Lawyers Club yang bertemakan Kontroversi Rancangan Kitab Undang-undang Hukum Pidana (RKUHP). Metode yang digunakan adalah metode deskriptif analitis. Pada penelitian ini menjelaskan dua bentuk negasi yaitu negasi formal dan nonformal dan tujuan penggunaan negasi. Setiap bentuk negasi mempunyai pemarkah. Pemarkah pada bentuk negasi formal yaitu: kata tidak, tak, bukan, dan tanpa. Sedangkan pemarkah pada bentuk negasi nonformal yaitu: enggak, nggak, gak. Tujuan dari penggunaan negasi dalam acara Indonesia Lawyers Club Kontroversi RKUHP yaitu untuk membantah dan menegasi pernyataan lawan tutur. Teknik pengumpulan data menggunakan teknik dokumentasi, teknik simak, dan teknik catat. Teknik analisis data dengan mengklasifikasi dan menganalisis data yang ditemukan. Kata kunci: Bentuk negasi, tujuan penggunaan negasi, Indonesia Lawyers Club

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Milova, I. E., E. A. Milova, D. D. Osipov, and T. A. Kalenteva. "Some Aspects of Digitalization in the Study of Criminal Law Disciplines." SHS Web of Conferences 71 (2019): 05013. http://dx.doi.org/10.1051/shsconf/20197105013.

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Digitalization is a part of modern reality. It covers all areas of activity, including the educational process. For the training of lawyers is extremely important transition to the figure in the study of disciplines of criminal law orientation. It is in this area of knowledge that the use of artificial intelligence can give breakthrough results. Electronic formats of training not only develop the logic of thinking of lawyers, giving them a sum of theoretical ideas, but also prepare them for independent practical work, giving them the opportunity to gain professional applied skills. At the same time training simulators, business games, help to identify and develop the ability of students to implement specific law enforcement functions. At the same time, future lawyers develop a non-formal approach to obtaining information, with the transition from its simple perception to a logically oriented search, generalization and application, the ability to identify and identify the problem, to develop an algorithm for its step-by-step solution, to obtain optimally informed conclusions.

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Jackman, Zora. "Reporting on the “Guidelines for Communicating Rights to Non-Native Speakers of English in Australia, England and Wales, and the USA” and their application in England and Wales." Sociolinguistica 33, no. 1 (December 1, 2019): 107–23. http://dx.doi.org/10.1515/soci-2019-0007.

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Abstract Abstract: The article discusses a set of Guidelines which result from the work of the Communication of Rights Group comprising linguists, psychologists, lawyers and interpreters. The Guidelines document’s primary aim is to inform police, lawyers and judicial officers about linguistic issues which impact non-native speakers of English in police interviews, particularly in the communication of rights. The recommendations address the wording and grammar of the rights as well as their wider communication to non-native speaker suspects, including informing those suspects about access to an interpreter, and evaluation of whether or not a non-native speaker of English has understood the rights. It is not the purpose of the Guidelines to replace the right to a professional interpreter; such right needs to be clearly defined. The role of the interpreter in exercising such right also needs to be considered. The article examines the current relevant legislation and guidelines in England and Wales and compares them with the proposed recommendations.

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Sviatotska, V. O. "ENSURING THE IMPLEMENTATION OF PROFESSIONAL LIABILITY INSURANCE STANDARDS AND SPECIALIZATION OF LAWYERS: A COMPARATIVE LEGAL ASPECT." Actual problems of native jurisprudence, no. 05 (December 5, 2019): 170–72. http://dx.doi.org/10.15421/391981.

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The article analyzes the implementation at national and European levels of two of the main standards of advocacy – professional liability insurance and specialization. National legislation is being analyzed, which sets out provisions on professional liability insurance and the specialization of lawyers. The imperfection of the national legislation in this field and the non-compliance with the European standards are proved. In particular, the Law of Ukraine "On Insurance" is analyzed, the Draft Law on Amendments to Certain Laws of Ukraine (concerning compulsory insurance of the professional liability of a lawyer), the Regulations on the organization and training for obtaining a certificate of the right to practice as a lawyer, Procedure for training of lawyers. There is a need to introduce the specialization of lawyers in certain areas of law, as has been done in other countries. It is suggested that the duties of lawyers of Ukraine include the conclusion of an insurance contract of professional property liability risk in connection with the exercise of his lawyer's activity and storage in force of such an insurance contract during the period of attorney's activity, since the domestic law does not contain rules that would regulate professional liability insurance . At present, the professional liability insurance of a lawyer in Ukraine is voluntary. It is suggested that the National Bar Association of Ukraine should develop a provision that would regulate the specialization of lawyers at the national level, because at the present stage the specialization as a standard of advocacy in Ukraine is not regulated either at the level of legislative or by-laws. Few documents mention this standard.

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Israel, Brian. "Treaty Stasis." AJIL Unbound 108 (2014): 63–69. http://dx.doi.org/10.1017/s2398772300001860.

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We shouldn’t necessarily be concerned when international lawmaking is a victim of its own success. A trend in a given domain of international governance in which multilateral treaty-making gives way to bilateral and non-binding alternatives does not itself signal a decline in the influence or efficacy of international law. It may in fact be a normal symptom of a properly functioning international legal framework—as much a cause for celebration among international lawyers as for concern.I wish to offer some brief reflections on this Agora theme, The End of Treaties?, from the perspective of a lawyer responsible for engineering international cooperation. I say “engineering” because international lawyers in this role must carefully weigh design tradeoffs in selecting among potential cooperative mechanisms, not unlike an engineer weighing the tradeoffs between materials in designing to a performance and cost specification. Like architects, international lawyers must also be attuned to the social dimensions of the arrangements they craft, but should ultimately privilege function above the aesthetics of legal form. Ugly international cooperative arrangements may nevertheless perform beautifully.

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Rossiev, Victor. "Free Legal Assistance in the Kemerovo Region (Kuzbass)." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2021, no. 1 (May 19, 2021): 96–104. http://dx.doi.org/10.21603/2542-1840-2021-5-1-96-104.

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The present research featured the state policy that ensures the right on free legal assistance in the Kemerovo region. The author analyzed the efficiency of state and non-state systems of free legal aid in Kuzbass. He believes the state of affairs in this area can hardly be called satisfactory, due to both the lack of political will, funding, information, and public awareness. Kuzbass lawyers and other entities have no motivation to provide free legal assistance as they are discouraged by low fees and red tape. The author believes that it is the non-state system of free legal assistance that should be considered as a priority. Free legal assistance requires significant organizational costs to set up legal clinics at universities and a full-scale system of state legal bureaus. Currently, lawyers are not capable of providing primary qualified free legal assistance in all civil cases. Therefore, it would be reasonable to create conditions for consulting a wide range of citizens by other organizations involved in the system of non-state legal assistance.

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MacKenzie, Gavin. "The Valentine's Card in the Operating Room: Codes of Ethics and the Failing Ideals of the Legal Profession." Alberta Law Review 33, no. 4 (August 1, 1995): 859. http://dx.doi.org/10.29173/alr1122.

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This article discusses the growing disillusionment with the legal profession shared by both lawyers and non-lawyers. This trend is coincident with an evolution of codes of conduct, from those reflecting ethical aspirations to those that spell out legally enforceable minimum standards. The author summarizes some of the contributing factors of this disillusionment. They are the increasing commercialism of practice, the fragmentation of the profession, rampant specialization and the excesses specialisations of the adversary system. The author attempts to answer the question, "Can modern codes of conduct effectively serve both ideological and regulatory functions?" by analyzing the reasons for disillusionment with the profession, the evolution of such codes and by making proposals for the future.

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Denoncourt, J. "Invaluable for trade mark owners, in-house, specialist, and non-specialist trade mark lawyers." Journal of Intellectual Property Law & Practice 6, no. 6 (March 31, 2011): 412–14. http://dx.doi.org/10.1093/jiplp/jpr030.

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Braye, Suzy, Michael Preston‐Shoot, and Robert Johns. "Lost in translation? Teaching law to non‐lawyers: Reviewing the evidence from social work." Law Teacher 40, no. 2 (January 2006): 131–50. http://dx.doi.org/10.1080/03069400.2006.9993203.

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Stanfield, Kate. "Good Breeding? Hybrid Professionals and the Thriving Library – a Law Firm Perspective." Legal Information Management 9, no. 4 (December 2009): 293–96. http://dx.doi.org/10.1017/s1472669609990582.

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AbstractKate Stanfield has based this article on a presentation given at the 2008 Online meeting. She considers the potential role of the non-traditionally trained information professional within a law firm information service. Such roles include professional support lawyers, para-legals and business development and IT professionals.

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Zheng, Li. "Managing and Using Elements of Legal Information in Legal Practice." Legal Information Management 13, no. 1 (March 2013): 40–42. http://dx.doi.org/10.1017/s147266961300008x.

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AbstractLegal information management is crucial for Chinese Lawyers who practice law in non-litigation and litigation legal areas. Li Zheng, Attorney at Law from PRC, provides a brief overview of the legal procedure, at a practical level, from the point of view of a Chinese lawyer.

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Goetzinger, Patrick G., and Thomas E. Simmons. "South Dakota’s “Trust Task Force”." Trusts & Trustees 26, no. 7 (August 7, 2020): 637–45. http://dx.doi.org/10.1093/tandt/ttaa053.

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Abstract The State of South Dakota is known internationally as a premier trust situs jurisdiction. Its top ranking is due to a number of factors. Among those factors is a committed band of gubernatorial appointees—both lawyers and non-lawyers—who consider, debate and draft proposed legislation for the South Dakota Legislature each year. This “Trust Task Force” was created by the Governor of the State more than twenty years ago. This article traces the origin and evolution of the South Dakota Trust Task Force, its achievements and its inner workings. It compares the legislative process to enact trust laws in other leading American jurisdictions while commenting on additional important factors which underpin a top ranking among competitor trust jurisdictions.

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Song, KiKyung, and EunYoung Whang. "Accounting Ratio Analyses of Inequality of Minority Lawyers." Business and Professional Ethics Journal 37, no. 2 (2018): 237–64. http://dx.doi.org/10.5840/bpej201842471.

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With the expansion of clientele’s demographics and international transactions, many law firms began to open doors to non-mainstreamers—minority lawyers to join the legal workforce. Decades have passed and the inequality in compensation between minority and non-minority attorneys is still one of the most controversial issues in the legal profession. Based on human capital and labor discrimination theory, we examine the productivity and compensation differences between minority attorneys and non-minority counterparts. The sample consists of 554 firm-year observations of the 200 largest U.S law firms from 2013 to 2016. We use OLS with clustered standard errors by year. We find minority partners are more likely to provide relatively routine and template-based services, which do not command fee premium, which results in low productivity of minority partners. We find that minority partners are compensated less than their non-minority counterparts after controlling for productivity. This paper aids in the understanding of diversity in the workplace and the effect of diversity on a firms’ productivity and the type of services to provide. Also, this paper has implications on the compensation gap between minorities and their non-minority counterparts.

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Eckstein, Gabriel. "Specially invited opinions and research report of the International Water Law Project: global perspectives on the entry into force of the UN Watercourses Convention 2014: part one." Water Policy 16, no. 6 (December 1, 2014): 1198–217. http://dx.doi.org/10.2166/wp.2014.008.

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From the Editor-in-Chief, Dr Jerome Delli Priscoli: This is a research report on opinions of prominent international water lawyers from each continent on the potential impacts of the 1997 UN Convention on Non-Navigational Uses of International Watercourses. It will be published in two successive editions of Water Policy.

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Castle, Richard. "Lord Atkin and the Neighbour Test: Origins of the Principles of Negligence in Donoghue v Stevenson." Ecclesiastical Law Journal 7, no. 33 (July 2003): 210–14. http://dx.doi.org/10.1017/s0956618x00005214.

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In May 1932 the House of Lords delivered its judgement in the case about the presumed snail in the ginger beer bottle with which even non-lawyers are familiar, Donoghue v Stevenson. One of the five judges, Lord Atkin, formulated what has become known as the neighbour test in this way:

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Picker, Eduard. "Anti-discrimination as a Program of Private Law ?" German Law Journal 4, no. 8 (August 1, 2003): 771–84. http://dx.doi.org/10.1017/s2071832200016412.

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The controversy over the planned anti-discrimination laws in Germany, specifically the new provisions in private law to be discussed here, rages on unabated. Publications on this planned law are numerous. And, whether Pro or Contra, they turn out notably more engaged and heated than is suited to the lawyers’ traditional temperament. The fact that the formal discussions and rounds of debate, which were long ago extended to non-lawyers, continue to multiply shows symptomatically to just what extent the topic is now able to get experts and laypeople alike worked up. The principle of equality of human beings, for centuries “one of the pillars of European democracies”, is about to gain currency in new fields of significance: it now aims beyond the binding of states, to bind their citizens as well.

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Yarotskaya, Lyudmila V., and Lilia V. Moiseenko. "TRAINING OF AN INTERNATIONAL LAWYER TO WORK IN THE INTERNATIONAL LEGAL ENVIRONMENT: A LINGUO-DIDACTIC ASPECT." Public international and private international law 1 (January 21, 2021): 41–44. http://dx.doi.org/10.18572/1812-3910-2021-1-41-44.

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The article focuses on the problem of preparing the current generation of lawyers for efficient work in intercultural legal framework. Investigated is the potential of language pedagogy instruments in solving the urgent tasks of lawyers’ profession-related communication with their counterparts from other legal cultures as well as linguo-social environments. In that respect, determined is the new methodological basis of higher education — the language pedagogy principle of internationalization of non-linguists’ vocational training designed to consolidate the linguo-cognitive, communicative and major subjects perspectives of forming a professional on modern intercultural basis. The above constituents of international law and justice students’ professional development become the focus of language pedagogy design work; a new system of pedagogical priorities is determined, with adequate methods and learning environment conditions to achieve them.

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Piper, Christine. "How do you define a family lawyer?" Legal Studies 19, no. 1 (March 1999): 93–111. http://dx.doi.org/10.1111/j.1748-121x.1999.tb00087.x.

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Family law has not only become a specialism in its own right, but family law practitioners have claimed for themselves special characteristics. This article reviews the attributes and skills to which the legal profession, and particularly the solicitors branch, aspires. It notes that the ‘specialist’ forms of client care and case management, familiarity with rules and procedures and a conciliatory approach are not unique to family lawyering. Family lawyers also require themselves to have knowledge of ‘non-law’ matters, especially those relating to the welfare of children. On reviewing recent empirical research studies about the work of solicitors, the article asserts that, for family lawyers, non-law norms control their practice and form the framework for a very particular type of client care. The article then goes on to examine - by using research on solicitors attitudes to the ‘meaning’ of the concept of parental responsibility - how practitioners cope with the tensions inherent in modern family legislation. It concludes that solicitors in practice convey policy messages rather than clear messages about legal rights and remedies.

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Morris, Robert J. "Improving curriculum theory and design for teaching law to non‐lawyers in built environment education." Structural Survey 25, no. 3/4 (July 17, 2007): 279–92. http://dx.doi.org/10.1108/02630800710772854.

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Journal articles on the topic 'Non-lawyers'

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