Practical Legal Skills is an established and respected handbook for those engaged in legal training at all levels. Written by an expert author team, this book covers the practical skills of lawyering, including interviewing, advising, advocacy, writing and drafting, and negotiation and mediation. The fourth edition also explores the ethical risks faced by clinical students and practitioners, and discusses the ethics, values and professional responsibilities surrounding the decisions lawyers make. Exercises throughout allow readers to practise the full range of skills required in every-day legal work. Clear and concise, Practical Legal Skills is the essential guide for preparing skilled and ethical lawyers in a rapidly changing environment of practice. New to this edition New chapter 'Keeping Out of Trouble' explores ethical methods and promotes ethical awareness, piloting a technique to assist law students and lawyers to identify the alternative ethical approach to problem solving Expanded coverage of alternative dispute resolution, therapeutic jurisprudence, multidisciplinary and collaborative legal practice.
Ross Hyams is a practising solicitor and Senior Lecturer in Law and Convenor of the Legal Practice Program at Monash University. The late Susan Campbell AM was a practicing solicitor, legal education consultant and former Professorial Fellow in Legal Practice at Monash University. Adrian Evans is a practising solicitor and Professor in Law at Monash University.
1. IntroductionThe role of skills teaching in legal educationContent and methodThe limitations of practical legal trainingEnjoying law schoolSkills and valuesSkills teaching: The distinction between ethical content and processTeacher and mentor valuesGood ethics does not mean being squeamishLearning with this book2. Interviewing: Listening and QuestioningThe structure of an interviewThe three-stage process of interviewingEthical dangers in interviewing3. Interviewing: AdvisingSummarising the factsGiving adviceTechniques for arriving at decisionsBarriers to communicationProfessional rules and ethical considerations4. Keeping out of TroubleWhat sorts of ethical problems exist?How to analyse an ethical problemCommon ethical problem areas5. Writing and DraftingCommunication in writing: Why is it different?Emails and other electronic communication methodsDocument retentionEssential preliminariesEthical issues in letter writingWhy 'plain English'?How to produce good 'plain English'Words and sentencesStructuring a letterReports, memoranda, and other in-house documentsDrafting legal documents6. Negotiation and MediationNegotiatingMediationCollaborative law7. AdvocacyThe objective of advocacyMainstream Magistrates/Local Court: Guilty pleas