Basic Skills for Lawyers (Second Edition)

Author: ASPEN Publishing Company, USA
Publisher:
Publish Date: 2006-09-01
Features: As a lawyer for many years, I have always regarded a broad perspective as one of the core requirements of practice. Only with a good big-picture view can a lawyer accurately set an development direction that aligns with their own characteristics, help clients extract the truly essential issues from the fog of facts, accurately predict changes in the balance of power during negotiations, and make appropriate summaries and conclusions after the case is resolved. In short, the importance of a big-picture view cannot be overstated. However, in the course of many years of practice, I have also seen too many lawyers who are "too broad in their approach." After working for a few years, they stop learning and fail to keep up with new legal policies, so they tend to generalize many issues that should be addressed in detail as "big-picture" matters. Such lawyers, when faced with specific issues, cannot answer clients' detailed questions or resolve complex situations. Naturally, clients lack confidence in them. Over time, many clients develop incorrect or even negative impressions of lawyers' work. This overused "big-picture view" can cause significant harm to the entire legal profession. Therefore, we need to seek out the "devils in the details." As a popular management saying goes, "Details determine success or failure." For a profession like law, which places great emphasis on details, this is especially true. But where do we start learning about details? Frankly, our law school education does not place enough emphasis on details. As a result, even after law school students enter law firms, they realize that the first problem they face is a lack of sensitivity to details. For example, when supervising lawyers assign reading materials, many important details are overlooked by trainee lawyers; another example is during meetings with clients, some important instructions and opinions from clients are often mixed in with casual conversation and pass quickly, yet the meeting minutes prepared by the legal assistant fail to reflect these key points. Moreover, supervising lawyers and partners are often too busy to provide detailed guidance on revising meeting minutes, and they may just scold the trainee lawyer for their careless work. These scenarios occur every day in law firms. This book is a new read in the field of lawyer training, covering the latest research and academic findings on four key skills: client meetings, consultations, negotiations, and fact analysis. It is unique in the market. With years of training experience, the author tells readers how to organize, analyze, and integrate facts into persuasive arguments. At the same time, the book adopts a concise, case-driven narrative style to guide students/lawyers into real-case environments and problem-solving situations. Its continuous focus on ethical issues reminds students and lawyers to always pay attention to professional ethics and conduct.