ICYMI, our Executive Legal Editor, Patricia A. Libby, authored an insights article for Bloomberg Law on new lawyers and critical thinking. In her decades-long career as a litigator and law professor, here are some of the top examples she has seen where critical thinking is falling short: 📋 Drafting a contract using a sample agreement and leaving in provisions that don't belong there. 👆 Leaving arguments in a draft motion from a sample motion that are inapplicable. 🤷♀️ Citing cases without explaining how they support the proposition. ⛅ Marking up a document without considering business goals, resources or leverage. Read Patricia's piece here, and let us know in the comments: what are some things new lawyers sometimes miss? https://hubs.ly/Q02Bpm2S0
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Excellent article on the relationship between critical thinking and effective legal writing and client service.
ICYMI, our Executive Legal Editor, Patricia A. Libby, authored an insights article for Bloomberg Law on new lawyers and critical thinking. In her decades-long career as a litigator and law professor, here are some of the top examples she has seen where critical thinking is falling short: 📋 Drafting a contract using a sample agreement and leaving in provisions that don't belong there. 👆 Leaving arguments in a draft motion from a sample motion that are inapplicable. 🤷♀️ Citing cases without explaining how they support the proposition. ⛅ Marking up a document without considering business goals, resources or leverage. Read Patricia's piece here, and let us know in the comments: what are some things new lawyers sometimes miss? https://hubs.ly/Q02Bpm2S0
Critical Thinking Crisis Plagues Legal Profession’s Entry Level
altaclaro.com
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💡 AltaClaro's Patricia A. Libby writes she's seen firsthand examples of junior attorneys' critical thinking skills gap. -- Associates drafting a contract using a sample precedent agreement routinely leave provisions from the precedent that don’t belong in the new contract. --Associates will cite cases to support an argument but fail to explain exactly why the case is applicable. They expect the reader—usually a court—to make the connection themselves, in essence telling the court their client should win “because this case.” What is the common denominator here? It’s a failure to ask “why,” Libby writes. Law firms must take the time to develop this building block of legal practice, she says. ❓ Are you seeing this in the profession?
Critical Thinking Crisis Plagues Legal Profession’s Entry Level
news.bloomberglaw.com
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Lawyers need to analyze judgments from past cases to understand legal precedents and how they might apply to their current cases. This analysis informs their legal strategy and helps them build a persuasive argument based on prior legal decisions. ⚖️📖 Interpretation of Law: Analyzing judgments helps lawyers interpret statutes, regulations, and case law accurately. Understanding how courts have interpreted and applied the law in specific cases is essential for presenting a strong case in court. ⚖️👩⚖️ Strategic Decision-Making: Lawyers need to assess the judgments to understand the reasoning behind court decisions and the factors that influenced those decisions. This analysis assists in formulating effective strategies for presenting evidence, making arguments, and anticipating the opposing party's approach. ⚖️📖 Building Persuasive Arguments: By analyzing judgments, lawyers can identify persuasive reasoning and legal principles that they can use to support their arguments in court. This analysis helps in crafting compelling and logically sound legal arguments. 🕵️ Mitigating Risks and Anticipating Outcomes: Understanding how judges have ruled in similar cases allows lawyers to assess the potential risks and outcomes of their own cases. This insight helps them prepare for various scenarios and plan accordingly to mitigate risks. Register at https://lnkd.in/dvTF6pUh Sai Tejaswaroop Charu Kohli Vanshika Sharma Legaleech #lawyer #growthmindset #lawfirm #upskill #judgmentanalysis #training
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Achieving thought leadership in law is pivotal. Publishing in top legal journals not only heightens credibility but also draws clients and media. Sharing expertise through articles is key to growth and standing out. It’s a strategic move for lawyers to showcase their knowledge and gain industry respect. Let's discuss the power of legal thought leadership—what's your perspective? #LegalThoughtLeadership #ProfessionalGrowth #ArticlePublishing Original article: https://lnkd.in/g6Xdy46w
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Lawyers need to analyze judgments from past cases to understand legal precedents and how they might apply to their current cases. This analysis informs their legal strategy and helps them build a persuasive argument based on prior legal decisions. ⚖️📖 Interpretation of Law: Analyzing judgments helps lawyers interpret statutes, regulations, and case law accurately. Understanding how courts have interpreted and applied the law in specific cases is essential for presenting a strong case in court. ⚖️👩⚖️ Strategic Decision-Making: Lawyers need to assess the judgments to understand the reasoning behind court decisions and the factors that influenced those decisions. This analysis assists in formulating effective strategies for presenting evidence, making arguments, and anticipating the opposing party's approach. ⚖️📖 Building Persuasive Arguments: By analyzing judgments, lawyers can identify persuasive reasoning and legal principles that they can use to support their arguments in court. This analysis helps in crafting compelling and logically sound legal arguments. 🕵️ Mitigating Risks and Anticipating Outcomes: Understanding how judges have ruled in similar cases allows lawyers to assess the potential risks and outcomes of their own cases. This insight helps them prepare for various scenarios and plan accordingly to mitigate risks. Register at https://lnkd.in/dvTF6pUh Sai Tejaswaroop Charu Kohli Vanshika Sharma Legaleech #lawyer #growthmindset #lawfirm #upskill #judgmentanalysis #training
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Why is research work crucial when filing a case in court? Research work is crucial when filing a case in court because it lays the foundation for a strong legal argument. Thorough research ensures that all relevant laws, precedents, and facts are considered, which increases the likelihood of a favorable outcome. It helps in identifying key issues, understanding the strengths and weaknesses of a case, and preparing effective strategies to counter opposing arguments. By presenting well-researched cases, legal professionals uphold the integrity of the judicial process and contribute to the development of sound legal principles. Here are the main points to justify why research work is crucial when filing a case in court: 1. Foundation of Legal Argument: Research provides a solid basis for constructing a compelling and legally sound argument. 2. Comprehensive Understanding of Laws: Ensures all relevant statutes, regulations, and case law are considered. 3.Identifying Precedents: Helps in finding precedents that can support the case or predict potential challenges. 4. Issue Identification: Pinpoints key legal issues and relevant facts crucial to the case. 5. Strengths and Weaknesses Analysis: Assesses the strengths and weaknesses of the case to develop effective strategies. 6. Anticipating Counterarguments: Prepares to counter the opposing party's arguments effectively. 7. Enhanced Credibility: Well-researched cases enhance the credibility of legal professionals. 8.Judicial Integrity: Contributes to the integrity of the judicial process by ensuring decisions are based on comprehensive legal understanding. 9. Effective Client Representation: Ensures clients receive the best possible representation based on thorough legal knowledge. 10. Informed Decision Making: Aids judges and juries in making informed decisions based on a complete presentation of the case. #LegalResearch #CourtCases #LegalPreparation #JudicialIntegrity #LegalStrategy #LawPractice #CasePreparation #LegalKnowledge #LawyerLife #ClientRepresentation #LegalProfession #LegalInsights #CourtroomSuccess.
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Are you an attorney running your own law firm? Read Thomas Dunlap's article posted in Forbes Business Council that highlights the benefits of non-lawyer professionals running the business side of a law firm. It's the secret sauce for Partner's living happily while practicing law. If you are interested in joining the DBL family, please reach out. We are always looking for talented attorneys to continue building our team. #lawfirmsuccess #doingbetterlaw #dbllawyers #leadership #womeninbusiness
Every lawyer and law firm has its own journey. Read more: https://hubs.li/Q01-x5RL0 Post written by Thomas Dunlap, Forbes Councils Member.
Council Post: A Lawyer’s Journey: From Burnout To Trailblazing
forbes.com
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How to brief a case to your senior: A step by step guide. We've been taught in law school to be meticulous, to leave no stone unturned. But when it comes to briefing your senior, is that the best approach? Here's a step-by-step guide for junior advocates to create an effective brief: 1️⃣ Case Overview: Give a snapshot of the legal matter at hand—parties, dates, and the dispute's nature. 2️⃣ Legal Issues: Clearly outline the central legal issues, emphasizing their significance. 3️⃣ Factual Background: Present a concise and accurate account of relevant events leading to the dispute. 4️⃣ Legal Research: Summarize key statutes, precedents, and legal principles that shape the case. 5️⃣ Client's Position: Articulate your client's perspective, including their specific requests or preferences. 6️⃣ Opposing Counsel's Arguments: Anticipate their strategy, provide counterarguments, and potential rebuttals. 7️⃣ Case Strategy: Propose potential approaches and legal arguments, seeking guidance from your senior. 8️⃣ Case Timeline: Highlight significant milestones, deadlines, and upcoming court dates. 9️⃣ Documentary Evidence: Summarize key evidence, labeling exhibits and highlighting their relevance. 🔟Key Questions for Senior: Conclude with focused questions that draw attention to critical aspects. Esteemed senior lawyers, your insights on impactful case briefing are invaluable. Share your preferred briefing style and contribute to the growth of our legal community. #LegalInsights #AdvocacyExcellence #LegalBriefing
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⚖️Lawyer proficient in Diverse legal realms || Legal Writing & Research || ADR Solutions || Tutoring & Mentorship for Aspiring & Young Lawyers || Corporate Compliance & Family Law
⚖️A few days ago, my assistant asked me to share some court stories with her, but she became confused by the terms 😂... ⚖️She is not alone, I also struggled with some legal terms and context in my early days in law... ⚖️I'm certain that many people feel confused and frustrated by the terms used in law... 🚀Let me share some insight: What is Complex Legal Terminology? Complex legal terminology refers to the specialized language and processes used in the legal profession. These terms are designed to ensure accuracy and precision, but they can often be confusing for those without a legal background. Common Legal Terms: - Jurisdiction: The authority of a court to hear and decide cases within a specific geographic area or subject matter. - Litigation: The process of taking legal action, such as filing a lawsuit or defending against one. - Due diligence: The careful investigation or research conducted before entering into a business transaction or legal agreement. - Settlement: An agreement reached between parties to resolve a legal dispute without going to trial. - Subpoena: A legal document that commands a person to appear in court or produce evidence. - Deposition: The testimony of a witness taken under oath outside of court, typically before trial. - Brief: A written legal document that presents arguments and points of law in support of a party's case. - Motion: A formal request made to a court for a specific action, such as requesting a dismissal or summary judgment. - Verdict: The decision reached by a judge or jury at the conclusion of a trial. There are still many other legal terms. How can you navigate through them? 1. Seek Legal Advice: Consult with a qualified attorney who can guide you through the process. 2. Research and Study: Take the time to learn key terms and procedures. 3. Break it Down: Break down complex documents and procedures into smaller, manageable parts. 4. Ask Questions: Don't be afraid to ask for clarification. 5. Stay Organized: Keep track of deadlines, documents, and communications. 6. Stay Calm: Legal procedures can be complex, but with patience and persistence, you'll get through it! Remember, understanding complex legal terminology and procedures is a skill that can be developed over time. Don't be intimidated – take control and navigate the legal maze with confidence! #LegalTerminology #LegalProcedures #Law #LegalAdvice #Research #StayOrganized #StayCalm
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Ever wonder how lawyers define their profession? Tris Xavier, Head of Yuen Law’s Integrated Property Practice Group, draws from a conversation with his inquisitive 5-year old daughter and shares his thoughts in a recent article with the Law Gazette. Read here: https://lnkd.in/guypbEKD #YuenLaw #SingaporeLawyers #LawyerLife #Perspective
So What Do You Do As a Lawyer? - The Singapore Law Gazette
lawgazette.com.sg
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As Patricia A. Libby points out in her piece, I think this is an increasingly interesting and timely problem as law firm associates leverage more template docs and tools. "Taming the templates" and actually using them in a way that makes sense for a matter is becoming its own skillset and critical thinking task.