Academic literature on the topic 'Lawyers in art'
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Journal articles on the topic "Lawyers in art"
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Charlesworth, Hilary. "The Art of International Law." Proceedings of the ASIL Annual Meeting 116 (2022): 7–24. http://dx.doi.org/10.1017/amp.2023.31.
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International lawyers study international law primarily through its written texts—treaties, official documents, judgments, and scholarly works. Critical to being an international lawyer, it seems, is access to the written word, whether in hard copy or online. Indeed, as Jesse Hohmann observes, “the production of text can come to feel like the very purpose of international law.”
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Khotynska-Nor, O. Z. "Participation of a lawyer in disciplinary proceedings against judges." Uzhhorod National University Herald. Series: Law 3, no. 81 (April 19, 2024): 223–28. http://dx.doi.org/10.24144/2307-3322.2024.81.3.33.
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The article examines certain aspects of a lawyer’s participation in disciplinary proceedings against a judge. It is noted that a lawyer in disciplinary proceedings against a judge can be both the initiator, upon whose complaint the disciplinary proceedings were opened, and the judge’s representative for the purpose of protecting his rights and interests. The focus of the study is on the representation of judges by a lawyer. Such interest is due to a number of reasons. First, since August 2020, the High Council of Justice has accumulated a significant number of disciplinary proceedings against judges, the resumption of proceedings of which took place only recently. Secondly, advocacy during the war underwent a significant transformation, as the demand for advocacy services changed. Many areas of lawyer practice have lost their relevance, which requires lawyers to review their approaches to their own professional development and areas of professional activity. In this context, a significant array of disciplinary proceedings against judges opens up new opportunities for lawyers. Their participation in the disciplinary procedure in relation to the judge is a promising direction for the development of the specialization of advocacy.
Representation of a judge by a lawyer in disciplinary proceedings is a rather specific type of lawyer’s activity. After all, as a jurisdictional procedure, disciplinary proceedings against judges must meet the requirements of a «fair court» within the meaning of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which has many nuances. In particular, we are talking about the observance of such principles as openness, equality of parties, competitiveness and others in disciplinary proceedings. At the same time, the legal status of a judge implies a set of specific rights and duties of a judge along with numerous guarantees of his independence, which must be observed by all without exception. In addition, the legislation regulating the procedure for bringing a judge to disciplinary responsibility has recently undergone significant changes. Collectively, this requires a significant intellectual resource from the lawyer, which will allow to effectively protect the rights and interests of the judge in disciplinary proceedings, as well as to reasonably position oneself on the market of legal services in this segment of the lawyer’s specialization.
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Fursa, S. Ya, and E. I. Fursa. "Bar self-government in Ukraine and its development." Uzhhorod National University Herald. Series: Law 3, no. 81 (April 19, 2024): 216–22. http://dx.doi.org/10.24144/2307-3322.2024.81.3.32.
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The article is devoted to the analysis of the historical development of legislation on advocacy, its organizational structure, in particular, advocacy self-governance, the requirements imposed on the advocate in the comparative aspect of Art. 2 of the Law of Ukraine «On Advocacy» and part 2 of Art. 6 of the Law «On Advocacy and Advocacy Activities». The issue of the role of the legal profession and the individual lawyer in society is analyzed. It is well-founded that the self-government of the bar should provide lawyers with a system of guarantees that will allow them to work competently and legally, to perform their functions properly and impartially. Therefore, the internal organizational structure of the bar must be perceived in the context of the functions performed by the bar self-government, and this is the business of the lawyers themselves. It is proposed to create a special arbitration court of advocates, with appropriate powers to consider appeals by persons and advocates for offenses that took place in the activities of the advocate, his powers and methods of their implementation. it is expedient to introduce the arbitration court of advocates instead of disciplinary chambers of qualification and disciplinary commissions of the bar and The Higher Qualification and Disciplinary Commission of the Bar with the transfer of powers to such a court not only regarding the application of appropriate disciplinary sanctions to lawyers, but also the resolution of other disputed issues and compensation for the damage caused, which will require amendments to the Law. In another way of introducing an arbitration court of lawyers, it is proposed, along with the relevant commissions, to make changes to the Statute of the National Association of Lawyers of Ukraine (hereinafter – NAAU) also on the authority of the court to apply appropriate sanctions to lawyers and establish other duties of a lawyer, and the right to choose the body to which a specific person, leave for the complainant. The structure of NAAU was analyzed and an opinion was expressed about the expediency of the existence of certain committees in it. There is a well-founded opinion about the need to carry out relevant reforms in the bar in order to self-purify it, but it is better to initiate this process by the lawyers themselves.
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Barwicka-Tylek, Iwona. "Law and Lawyers vs “Political Turn” and the “Return of Political Philosophy”." Studia Iuridica Lublinensia 29, no. 5 (December 31, 2020): 29. http://dx.doi.org/10.17951/sil.2020.29.5.29-40.
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<p>The title of the article refers to P. Manent’s essay, describing “the return of political philosophy”. Using the distinction between science and art, suggested by thinkers such as J.S. Mill, an analysis was made of the possible responses of legal theory to the so-called “political turn” in social sciences and humanities. Attempts were made to show that transplanting such terms as “politics”, “the political”, “polity” (in the text they function under more theoretically neutral term: “politicalness”) into the field of legal discourse leads to the rejection of the so far dominant (referring to the ideal of Ch. Montesquieu) image of the activity of lawyers as “artisans” practicing the art of law and to replacing it with the image of a lawyer-artists or lawyer-scientist.</p>
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Kendall-Hall, Danielle. "Child consultation and the law in the Northern Territory of Australia." Children Australia 44, no. 02 (May 14, 2019): 60–64. http://dx.doi.org/10.1017/cha.2019.11.
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AbstractConsultation with children is a delicate art, and consultation with vulnerable children, even more so. Experienced clinicians believe best practice in undertaking such work requires tertiary studies in social work or psychology combined with extensive supervised clinical experience. The current pathways to becoming a children’s lawyer in the Northern Territory do not involve mandatory training in child well-being, and yet lawyers are asked to consult with highly traumatised children and bring the voices of children into the courtroom. Lawyers for young children are additionally required to provide an opinion as to what they believe to be in the best interests of the child, without a social work or psychology-based qualification, training or in-depth guidelines to support their position. This article looks at what the law says about child consultation, what child development research says about child consultation and child consultation in practice in a Northern Territory child protection setting. At its conclusion, the author discusses potential pathways forward for lawyers and clinicians to work together in safe practices of child consultation.
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Varfolomeev, Yuri V. "The image of the lawyer of late Imperial Russia in Russian literature (based on the works of Maxim Gorky “Mother” and “The Life of Klim Samgin”)." Izvestiya of Saratov University. History. International Relations 22, no. 4 (December 15, 2022): 457–63. http://dx.doi.org/10.18500/1819-4907-2022-22-4-457-463.
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The article explores various interpretations of the image of a lawyer in the works of art of late Imperial Russia. As examples of artistic interpretation whencreating the image of asworn attorney at the beginning of the XXcentury, the authorchose the works of A.M. Gorky “Mother” and “The Life of Klim Samgin”. In the course of a comparative analysis of the texts of these works of art, as well as sources of personal origin of lawyers N. K. Muravyov and V. A. Maklakov the author identifies and compares the characteristic moral and psychological features and features of the activities of fictional characters and real representatives of the Russian legal profession as possible prototypes of Gorky literary heroes.
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Giroud, Sandrine, and Charles Boudry. "Art Lawyers’ Due Diligence Obligations: A Difficult Equilibrium between Law and Ethics." International Journal of Cultural Property 22, no. 2-3 (August 2015): 401–17. http://dx.doi.org/10.1017/s0940739115000193.
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Abstract:This article examines the duties of diligence of lawyers when handling art-related matters. Due diligence is paramount to any activity in the art market and a key element in ascertaining ownership, authenticity or provenance. In particular, it is a benchmark to help determine the existence of possible criminal activities, including money laundering, terrorism financing or document forgery, to which the art market is regularly exposed. The question arises as to the obligations incumbent to art lawyers who are privileged witnesses of the functioning of the art market. Such obligations include in particular the duty to enquire on the particularities of a transaction, the duty to terminate a mandate or the duty to report any suspicious transaction under threat of civil or criminal sanctions. A survey has shown that art law specialists would welcome more guidance in the form of tailored regulations or professional guidelines.
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Didukh, Khristyna. "Advocate self-government in the context of judicial reform in Ukraine." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 38 (June 22, 2023): 35–42. http://dx.doi.org/10.23939/law2023.38.035.
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The article reveals the problems of conceptualization and institutionalization of the self-government of lawyers in the context of judicial reform in Ukraine, and suggests directions for reforming its organizational and functional foundations. The principles of institutional development of bar self-government are outlined: the unity of bar associations operating within the state; organization of activities based on partnership with state authorities; improvement of the institute of advocacy on the basis of international principles and standards both in the field of providing legal aid and in the field of advocacy; positioning the bar as a self-governing independent organization that is subordinated to the interests/requests not of the state apparatus, but of society (civil society), aimed at ensuring the provisions of Art. 59 and 131-2 of the Basic Law, namely on the provision of professional legal assistance. It was noted that activation and involvement of the legal profession in the process of forming a strategy for the development of the legal community is one of the defining tasks of the legal self-government bodies. This can be done by making relevant decisions by these bodies at the most transparent and public level. Five main priorities for reforming the institution of advocate self-governance have been identified: first, strengthening the professional rights of advocates and guarantees of advocacy; secondly, improvement of the criteria and procedures for access to the profession of a lawyer; thirdly, improvement of the institution of lawyer disciplinary responsibility; fourthly, improvement of self-governance of lawyers; fifth, ensuring transparent budgetary and financial procedures in the self-governing bodies of lawyers.
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Hanc, Jakub. "L’art pour l’art, czyli o tzw. kontratypie sztuki." Santander Art and Culture Law Review, no. 1 (6) (2020): 131–54. http://dx.doi.org/10.4467/2450050xsnr.20.007.12391.
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L’art pour l’art, or so-called justifications of art The issue of so-called justification of art continues to be debated intensely in the applicable literature. Academic opinion increasingly highlights the need to include international and constitutional regulations regarding freedom of expression, particularly freedom of artistic expression, in the discourse. This article adopts a somewhat different approach and aims to analyze that non-statutory justification in the context of statements by critics, art historians, artists and lawyers. This type of approach makes it possible to assess whether the conditions excluding the unlawfulness of an act proposed in the science of criminal law are useful tools to facilitate the criminal law evaluation of specific factual circumstances by a judge.
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Stadniczeńko, Stanisław Leszek. "Formacja prawnika wyzwaniem czasów." Opolskie Studia Administracyjno-Prawne 15, no. 2 (June 30, 2017): 267–86. http://dx.doi.org/10.25167/osap.1285.
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The author considers the questions relating to the formation of lawyers’ professional traits from the point of view of the significance which human capital and investment in this capital hold in contemporary times. It follows from the analyses, which were carried out, that the dire need for taking up actions with the aim to shape lawyers appears one of the most vital tasks. This requires taking into account visible trends in the changing job market. Another aspect results from the need for multilevel qualifications and conditions behind lawyers’ actions and their decisions. Thus, colleges of higher education which educate prospective lawyers, as well as lawyers’ corporations, are confronted by challenges of forming, in young people, features that are indispensable for them to be valuable lawyers and not only executors of simple activities. The author points to the fact that lawyers need shaping because, among others, during their whole social lives and realization of professional tasks their personality traits and potential related to communication will constantly manifest through accepting and following or rejecting and opposing values, principles, reflexions, empathy, sensitivity, the farthest-fetched imagination, objectivism, cooperation, dialogue, distancing themselves from political disputes, etc. Students of the art of law should be characterized by a changed mentality, new vision of law – service to man, and realization of standards of law, as well as perception of the importance of knowledge, skills, attitudes and competences.
Dissertations / Theses on the topic "Lawyers in art"
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Blomquist, Helle. "Lawyers' ethics : the social construction of lawyers' professionalism : Danish practicing lawyers and some pre-conditions for their ethics /." Copenhagen : DJØF publ, 2000. http://catalogue.bnf.fr/ark:/12148/cb37756390n.
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Grover, Sean Thomas. "A Tuscan Lawyer, His Farms and His Family: The Ledger of Andrea di Gherardo Casoli, 1387-1412." Thesis, University of North Texas, 2009. https://digital.library.unt.edu/ark:/67531/metadc11041/.
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This is a study of a ledger written by Andrea di Gherardo Casoli between the years 1387 and 1412. Andrea was a lawyer in the Tuscan city of Arezzo, shortly after the city lost its sovereignty to the expanding Florentine state. While Andrea associated his identity with his legal practice, he engaged in many other, diverse enterprises, such as wine making, livestock commerce, and agricultural management. This thesis systematically examines each major facet of Andrea's life, with a detailed assessment of his involvement in rural commerce. Andrea's actions revolved around a central theme of maintaining and expanding the fortunes, both financial and social, of the Casoli family.
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Hermansson, Olivia, and Frida Strandberg. "The lawyer as a Real Estate Agent." Thesis, KTH, Fastigheter och byggande, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-189267.
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This thesis addresses the exception regarding lawyers in the Swedish fastighetsmäklarlagens §5 and aims to understand the background and meaning of the exception. Further the thesis addresses whether the main purpose of the estate agents act, the protection of consumers, is satisfying when a lawyer is practicing real estate agency. The study is based on the Swedish fastighetsmäklarlagen and aims to investigate the application of the act on both real estate agents and lawyers as they convey real estate. In order to clarify and understand the application of the law and to receive a view of the specific characteristics of each occupation, the occupational roles are investigated in detail and compared. The act distinguishes between conveying real estate professionally and conveying on single occasions. The demarcation of the concept determines whether the person conveying real estate is obliged to follow fastighetsmäklarlagen or not. A lawyer that is professionally conveying real estate should, according to Sveriges Advokatsamfund, practice the intermediary within the lawyer’s activity. Since professional ethics in practicing real estate agency and practicing law is incompatible the lawyer is obliged to make an assessment of what is professional intermediary within and outside the lawyer’s activities. The study points out that the boundary should be clarified in order for the lawyer to facilitate the assessment. The exception in the Swedish fastighetsmäklarlagen is important if a lawyer is professionally conveying real estate within the lawyer’s activity, but if the intermediary is solely within the lawyer’s general activity the exception has no function. A lawyer is suitable to pursue only those activities that are included within the scope of legal services, including intermediary corresponding to advocacy and not professional intermediary. For those situations that can be listed as professional intermediary, a real estate agent should be hired. Consideration whether the §5 should be changed or removed is required.Uppsatsen behandlar undantaget avseende advokater i fastighetsmäklarlagens 5 § och syftar på att förstå undantagets bakgrund och innebörd. Vidare behandlar uppsatsen huruvida fastighetsmäklarlagens huvudsakliga syfte, konsumentskyddet, tillgodoses då en advokat utövar fastighetsförmedling. Studien utgår från fastighetsmäklarlagen och utreder lagens tillämpning på respektive yrkesroll, fastighetsmäklaren och advokaten, vid förmedling av fastigheter. För att få klarhet i och förstå tillämpningen av lagen utreds yrkesrollerna ingående samt jämförs för att ge en inblick i yrkesspecifika egenskaper. Lagen skiljer på den som yrkesmässigt förmedlar och den som enbart förmedlar vid något enstaka tillfälle. Gränsdragning avseende förmedlingsbegreppet avgör huruvida den som utövar förmedlingen har skyldighet att följa fastighetsmäklarlagen eller inte. En advokat som yrkesmässigt förmedlar fastigheter ska, enligt Sveriges advokatsamfund, utöva förmedlingen inom ramen för advokatens verksamhet. Då god fastighetsmäklarsed och god advokatsed är oförenliga medför det att advokaten själv måste göra en bedömning av vad som är yrkesmässig förmedling inom och utom ramen för advokatens verksamhet. I studien menas att gränsdragningen bör tydliggöras för att underlätta advokatens bedömning. Undantaget i fastighetsmäklarlagen kan ha betydelse om advokaten yrkesmässigt förmedlar inom ramen för sin verksamhet, men fyller ingen funktion i de fall då advokaten enbart förmedlar inom ramen för advokatens generella verksamhet. Advokaten är lämplig att ägna sig åt enbart sådan verksamhet som ingår inom ramen för advokatverksamhet, däribland förmedling som motsvarar advokatverksamhet och inte yrkesmässig förmedling. I de förmedlingsfall som kan räknas till yrkesmässig förmedlingsverksamhet bör istället en fastighetsmäklare anlitas. Det bör övervägas om 5 § ska förändras och undantaget avlägsnas
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Howieson, Jillian Alice. "Family law dispute resolution : procedural justice and the lawyer-client interaction." University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2009.0109.
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While several Australian and international studies have explored the family lawyer-client interaction, these studies have been limited to investigations of discrete areas of the lawyerclient relationship and have been necessarily limited in their methodologies. The present study employed a quantitative empirical methodology in an Australian wide field study of 230 family lawyers and 94 clients that investigated the family lawyer-client interaction from a procedural justice framework. Using multivariate analyses, the study establishes that the Tyler and Blader two-component model of procedural justice applies in the lawyer-client dyad and is influenced by the approach of the lawyer, the emotional response of the client, and the level of co-party conflict that the client is experiencing. Further, the study gives meaning to the terms 'conciliatory and constructive' and 'adversarial' as they apply to family law dispute resolution. The study establishes a construct to measure the conciliatory and adversarial approach of family lawyers and identifies that lawyers tend to incorporate a mixture of the two into their work. The results also identify four distinct behavioural factors that characterise the two approaches: the client-centred and interest-based factors characterise the conciliatory approach; and the lawyer-directed and court-focused factors characterise the adversarial. The study found that in terms of perceptions of fairness, and feelings of satisfaction, the clients preferred the lawyers who took a client-centred and interest-based approach, but in circumstances where the clients were experiencing high-levels of conflict, or fear for the safety of their children, they also appreciated the lawyer who was lawyer-directed and court-focused. Overall, the study shows that in order to create a fair and satisfying dispute resolution service for their clients, family lawyers need to maintain a fine balance of family lawyering behaviour. On a general level, the study provides a profile of Australian family lawyers in terms of their approach to dispute resolution, their attitude towards ADR processes and their favoured negotiation styles. It also profiles family law clients in terms of their emotional adjustment to the divorce and their perceptions of the family lawyers assisting them to resolve their disputes. The study substantially expands the procedural justice theory base and has significant implications for practical family law education, government policy, family lawyering, and the ADR and collaborative law movements. The study indicates where future research could benefit these communities.
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Barbou, Marie. "L'art de plaider en défense aux assises : analyse dialogique et argumentative d'une technique sociale du sentiment : le cas de l'affaire Courjault." Thesis, Paris, CNAM, 2017. http://www.theses.fr/2017CNAM1109/document.
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Parmi les activités génériques, historiques et significatives du métier d’avocat pénaliste, la plaidoirie aux Assises représente le cœur du métier et une source puissante de son identité. Il s’agit, dans cette activité, d’agir par le discours dans une dialogie complexe impliquant les différentes parties. Ce discours s’adresse à la Cour, à la société, aux jurés, et vise à agir sur l’intime conviction de ceux qui seront amenés à rendre un verdict. En quoi consiste, et quels sont les ressorts discursifs de l’art de la plaidoirie ? C’est à cette question que cherche à répondre la présente recherche.Cette recherche s’inscrit dans un programme de recherche sur l’analyse des activités symboliques (Kostulski, 2011), activités professionnelles qui visent d’une manière ou d’une autre à agir dans la vie psychologique d'autrui. Elle puise ses sources théoriques dans les champs de la psychologie sociale et de la clinique de l'activité, mais aussi en psychologie de l'art. Nous y soutenons la thèse selon laquelle la plaidoirie de la défense aux assises est un art au sens de Vygotski, c'est-à-dire une technique sociale du sentiment, dont les éléments constitutifs sont la contradiction et la catharsis.Parmi les affaires récentes ayant eu un fort retentissement médiatique de par sa nature et ses conclusions, l’affaire Courjault, affaire dite "des bébés congelés" a marqué le métier d’avocat par l’exemplarité, la justesse et l’efficacité de la plaidoirie réalisée par Me Henri Leclerc.Le texte de cette plaidoirie, intégralement retranscrit, est analysé de manière à mettre en évidence les ressorts argumentatifs et dialogiques qui président à cet art. Une analyse réflexive de la plaidoirie a par ailleurs été organisée avec son auteur, Me Leclerc, dans un entretien de confrontation au texte visant à comprendre les buts, les destinataires et les moyens de cette activité réalisée.Nous y analysons d’une part les conflictualités dialogiques portées par les différentes voix en présence dans l’affaire et que l’avocat convoque dans son discours ; et d'autre part les procédés de leurs résolutions proposés par l'avocat. La question théorique de la conflictualité dialogique a eté envisagée en référence à Bakhtine (1979) et à Markova (2007) et la question de la régulation par l’art du discours en référence au travail en Psychologie de l’Art de Vygotski (1925), en particulier son travail d’analyse de la construction littéraire d’une nouvelle : Le Souffle léger.Le choix des unités d'analyse de la plaidoirie s'est mis en place à partir de la conception vygotskienne de l’art. Nous retenons comme unités opérantes pour nos analyses les voix du tiers dans le discours (Grossen, 2011) pour l'identification des conflictualités dialogiques, mais également le "witcraft" (Billig, 1996) et la sémiotisation des émotions (Micheli, 2016) pour le mouvement rhétorique de résolution de ces conflictualités.Nos analyses nous mènent à conclure que la dynamique de la plaidoirie est celle d'un art du délibéré, où conflictualité et résolution de cette conflictualité s'organisent pour agir sur la conviction du juré. Cet art permettrait la construction d’un espace de délibération mettant en mouvement la dialogie complexe du dossier, dans le but d'agir sur l'intime conviction Cet art ephemere ne serait alors qu'un moyen, un passage, permettant aux voix en présence de se répondre, et peut être de se rejoindre dans un processus cathartiqueThe pleading for the crime court lawyers is the heart of their work activity. The purpose is to act through complex dialogical ways on the intimate conviction of the jurors. How ? This is the whole goal of that reserach : understand how the lawyer uses language to act and convince.This research takes place in a program studying symbolic activities (Kostulski, 2011). The theorical background are the social psychology, the work psychology, but also the psychology of art. We defend the thesis that the pleading of the defendant lawyer is an art as Vygotski defines it, that is to say a social technique of the feeling, built from contradiction and catharsis.To analyse this process we chose the case Courjault, also known as the case of the « frozen babies », that occured in France in 2008, and that was defended by Henri Leclerc. The efficiency of this lawyer was highly recognized during the trial, and especially for the pleading he performed.The whole pleading retranscribed is analysed in this research, in order to emphacize the ways art appears, by dialogical and argumentative dimensions. We also had the possibility to meet Henri Leclerc twice so that we could show him the pleading text and ask him to comment on it, telling us what he was trying to do while pleading on that particular case.Conflictuality was studied through Bakhtin (1979) and Markova’s (2007) works, and the catharsis process through Vygotski’s psychology of art (1925). We chose as analysis unities the third parties voices (Grossen, 2011), Billig‘s witcraft concept (1996), and Micheli’s (2016) emotions semiotics.Our analysis led us to conclude that the pleading dynamic is the one of a deliberation art, where conflictualities and the resolution of it are organised to act on the juror conviction. This art would make a deliberation area appear, moving the complex dialogy of the case, in order to act on the intimate conviction.This ephemeral art would only fulfill itself to allow voices to hear and respond each other, and maybe come together in a cathartic process
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Chay, Allan James, and N/A. "Lawyer Problem Solving: An Investigation of the Knowledge Used in Solving Practical Legal Problems." Griffith University. School of Education and Professional Studies, 2007. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20070927.100346.
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This study investigates the knowledge that legal practitioners use to solve authentic practical legal problems in naturalistic settings. The study examines the declarative and procedural knowledge that practitioners use in that context and whether experienced practitioners use knowledge organised in encapsulated and script form (Boshuizen & Schmidt, 1992; Schmidt, Norman, & Boshuizen, 1990) to enable expert performance. The purpose of the study is to provide an empirically-based understanding of the knowledge used in solving real-life practical legal problems, for the information of the providers of practical legal training in Australia and other common law countries. The providers of that training use assumptions about that knowledge and how it is acquired, which do not always rest on coherent theoretical or empirically-derived foundations. The study uses the lawyering literature to identify the knowledge such literature considers is required to solve practical legal problems in lawyer and client interview settings. The study also examines the assumptions about the nature of that knowledge, and how it is acquired, which are apparent in the approaches of the providers of practical legal training. The limitations of those assumptions are identified from a cognitive perspective. The study examines cognitive conceptions of the knowledge used in problem solving in particular fields and how that knowledge becomes proceduralised and organised into structures called chunks and schemas. A particular examination is made of cognitive theories developed in the field of medical problem solving, which use the concepts of encapsulations and illness scripts to explain expert performance in diagnosing disease in clinical settings. This analysis is used to synthesise the prediction that experienced legal practitioners may develop and use structures similar to encapsulations and illness scripts in problem solving. This prediction is based on the similarities between the way medical practitioners and legal practitioners are educated and trained, and are taught to solve problems using a hypotheticodeductive method (or a domain variant in the case of law), and on the similarities between clinical settings and lawyer and client interview settings. The study also examines theories that explain human problem solving by reference to a metaphorical problem space, and synthesises the prediction that practical legal problem solving can be explained by a problem space theory that was developed to accommodate complex, ill-defined problems. That theory uses the concepts of a problem zone to reflect the ill-defined nature of the problem as presented to the problem solver, a search and construction zone to reflect the phenomenon that the problem solver will have to construct operators to use to solve the problem, and a satisficing zone to reflect the phenomenon that there will be no single unambiguous solution to the problem (Middleton, 1998). The study uses the lawyering literature to identify the characteristics of practical legal problems in a lawyer and client interview setting. The cognitive literature is used to identify the cognitive conceptions that correspond to those characteristics. It is argued that these problems are complex, ill-defined problems that have to be found by the problem solver using weak problem solving strategies such as problem decomposition, attribute identification and means-ends analysis (Simon, 1973; Dillon, 1982; Newell, 1980). Based on these predictions two research questions are developed as follows: How do legal practitioners find and construct practical legal problems? Are there differences in the knowledge that experienced legal practitioners use and that which novice practitioners use? Do those differences reflect differences in the individual practitioners underlying knowledge and how that knowledge is organised? These questions are investigated in four case studies. Two of these studies involve experienced legal practitioners and two involve novices. These studies reveal that all the subjects used similar general problem solving strategies to find and construct problems. The subjects all constructed a series of problems rather than one large problem. The subjects did not all find and construct the same problems and some subjects constructions of problems changed as new information came to light. Most subjects did not finish the construction of problems at the interview. The processes that the subjects use to construct problems can be explained by Middletons (1998) problem space model, although this study suggests that model needs to be modified to accommodate the on-going emergent character of practical legal problems as they occur in lawyer and client interview settings. The investigation revealed qualitative differences between the problem attributes and moves that the experienced subjects identified and those that the novices identified. In summary, the experienced subjects identified attributes and moves that were more detailed, more directly related to the facts and more concrete than those that the novices identified. Both the experienced subjects and the novices appeared to rely on recognition (Newell & Simon, 1972) to identify problem attributes and moves rather than on any apparent step-by-step legal analysis and reasoning process. This study suggests that the superior performance of the experienced subjects may be explained by their use of knowledge in encapsulated and script form, as predicted. The study discusses the implications of its findings for practical legal training courses as a need to provide students with general problem solving knowledge, provide them with the knowledge that they will need to recognise problems in specific areas of practice, to help them start to develop knowledge in encapsulated and script form, and to develop an understanding of the limits of institutional training in developing professional expertise.
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O'Driscoll, Stephen James, and n/a. "Conduct of counsel causing or contributing to a miscarriage of justice." University of Otago. Faculty of Law, 2009. http://adt.otago.ac.nz./public/adt-NZDU20090506.091357.
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The Crimes Act 1961 and the New Zealand Bill of Rights Act 1990 provide that a person accused of a criminal offence in New Zealand has the right to be represented at trial by counsel. The purpose of representation by counsel is to protect the accused�s interests; ensure that the accused is able to present their defence to the Court; ensure that the accused receives a fair trial; and ensure that the accused is not the subject of a miscarriage of justice.
It is implicit that criminal defence counsel must be competent if they are to be effective advocates on behalf of their clients. If counsel is not competent, there is a risk that counsel�s acts or omissions may cause or contribute to a miscarriage of justice.
The Crimes Act 1961 allows an accused to appeal against their conviction on the basis that they have been the subject of a miscarriage of justice through the conduct of their counsel. The thesis analyses the Supreme Court decision of R v Sungsuwan that sets out the test that an appellate court must consider when deciding to allow an appeal based on the conduct of counsel.
The thesis examines 239 Court of Appeal decisions between 1996 and 2007 that have considered appeals from jury trials where at least one of the grounds of appeal was that defence counsel caused or contributed to a miscarriage of justice. The thesis notes the increasing trend to use "conduct of counsel" as a ground of appeal. In 1996 there were 4 appeals; in 2006 there were 43 such appeals and in 2007 there were 29 appeals.
During the period under review the Court of Appeal allowed the appeal and specifically held that counsel�s conduct, either alone or in combination with other grounds, caused or contributed to a miscarriage of justice in 41 cases. The thesis analyses the common complaints made by an accused against trial counsel and the common areas where the Court of Appeal upheld complaints against counsel.
The thesis takes into account the Lawyers and Conveyancers Act 2006 and the Lawyers and Conveyancers (Lawyer: Conduct and Client Care) Rules 2008 that came into existence on 1 August 2008. The new legislation places particular emphasis on the obligations of counsel to uphold the rule of law and to facilitate the administration of justice in New Zealand. Counsel also has an obligation to protect the interests of their clients.
The thesis concludes that the plethora of cases coming before the Court of Appeal, and the number of appeals allowed by the Court, demonstrate defence counsel do not always protect the interests of their clients and can cause or contribute to a miscarriage of justice.
The thesis makes a number of recommendations that may reduce the risk of both an accused appealing on the basis on the conduct of counsel and an appeal being allowed on the basis of the conduct of counsel. In particular, it is suggested that there should be greater degree of co-operation between the New Zealand Law Society and the Legal Services Agency to ensure the maintenance of high standards among criminal defence lawyers.
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Hamman, Abraham John. "The impact of anti-money laundering legislation on the legal profession in South Africa." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/4766.
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Doctor Legum - LLDThis thesis investigates the legislative measures employed in South Africa to combat the implication of lawyers in money laundering schemes. Criminals make use of sophisticated technological means to transfer money and launderers routinely approach lawyers to assist them in their illegal endeavours. The legal profession is almost tailor-made for abuse by launderers, because lawyers work with huge amounts of money, clients are entitled to legal professional privilege and the right to legal representation is guaranteed constitutionally. The South African anti-money laundering regime, for the most part, is contained in two statutes, the Financial Intelligence Centre Act (FICA) and the Prevention of Organised Crime Act (POCA). Whilst FICA and POCA require the legal profession to be vigilant and accountable in the fight against money laundering, unfortunately they also infringe on hard-won rights, such as legal professional privilege, the right to legal representation and attorney-client confidentiality. The study considers South Africa’s efforts to fulfil its international anti-money laundering obligations whilst upholding the criminal procedural rights guaranteed in the Constitution. It is suggested that certain sections of FICA and POCA fail to find the required balance between protecting citizens from the harms of money laundering and protecting the fundamental rights of attorneys and their clients. Lawyers are in a unique position of trust and in some instances have access to information that may incriminate their clients. Unfortunately, in its quest to combat money laundering, Parliament did not consider seriously enough the position of lawyers and took the easy option of criminalising fees paid with tainted funds, as well as the non-submission of suspicious transaction reports (STRs) and cash transaction reports (CTRs). As a result, the South African legal profession is saddled with unacceptable constraints.
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Voight, Margaret M. "Is a view different from a wish? Considering the child's view in parenting disputes in Australian family law matters." Thesis, Queensland University of Technology, 2017. https://eprints.qut.edu.au/104438/1/Margaret_Voight_Thesis.pdf.
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This thesis explored the significance of and the intended purpose of the child custody law 2006 child 'voice' provision amendments to the Family Law Act of ascertaining a child's view instead of a child's wish. This thesis conducted both doctrinal and qualitative analysis to examine whether parliament intended that the amendment would translate to a change in statutory meaning which should in turn change the way Independent Children's Lawyers and Judges practiced. This thesis recommended legislative amendments to the Family Law Act to facilitate a clearer legislative pathway for a child's voice to be heard in parenting disputes.
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Maisonnas, Jean Pierre. "La formation historique de la déontologie de l'avocat en France entre la naissance des juridictions royales et la loi du 31 décembre 1971, voix du Prince ou libéralisme ?" Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3065.
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La déontologie des avocats émane-t-elle d’eux à raison des nécessités de l’exercice ou des autorités politiques parce qu’elle touche une tâche régalienne ? La France a peu hésité. S’inspirant notamment de THEODOSE puis JUSTINIEN, empruntant aux carolingiens et à la chevalerie une morale religieuse, les rois à compter de Saint LOUIS ont légiféré d’autant que la naissance des juridictions royales à la fin du XIIIème siècle stabilise le rôle et le titre de l’avocat. Les coutumes et les « stiles » complètent ce dispositif. Ces principes (loyauté, indépendance, respect) se transformeront au cours des époques en « usages ». Tant que l’avocat est un membre de l’institution judiciaire ayant vocation d’en devenir un cadre la déontologie reposait sur un consensus. La vénalité des charges lui ôtant cette promotion, le transforme en simple « auxiliaire », rétif aux injonctions au point de fomenter d’improbables grèves. Imprégné de la grandeur fantasmée de ses ancêtres antiques il préfère consolider son rang social (noblesse, préséance). A partir de LOUIS XIV la déontologie se fige. La Révolution balaie cet héritage multiséculaire. Pressés par les concepts de liberté et de gratuité les constituants, majoritairement avocats, suppriment la profession et les Parlements honnis. Des « défenseurs officieux », souvent sans foi ni loi, se substituent aux avocats. La déontologie disparut pendant vingt ans. Rétablis avec réticence par NAPOLEON, ces « factieux » lutteront tout le XIXème contre l’Etat pour la maîtrise des « usages » fragilisant un peu plus ceux-ci déjà traversés par les courants sociétaux (émancipation, nationalité). Le décret de 1920 régla cette situation qui faillit engloutir les Ordres. Jamais plus jusqu’en 1971 les avocats ne participeront à la définition de leurs règles. Tout au plus une association (ANA) fera avec succès des propositions. Les guerres illustrèrent le pouvoir d’intervention du Prince dans la déontologie en la suspendant, l’aménageant en profondeur (interdiction des juifs) ou en créant des institutions pérennes (CAPA). La France Libre conserva de Vichy tout ce qui ne heurtait pas des principes fondamentaux. Les années 54/57 introduisirent des modifications libérales (droit de manier des fonds, de s’associer, de réclamer des honoraires impayés). Il est un endroit où l’Etat n’a pas renoncé à l’avocat fonctionnaire : l’outre-mer. L’Algérie mise à part, « prolongement naturel de la France », dans les autres pays sous domination française, dans un désordre total, sans cette unité rêvée, la France a, dans l’indifférence des Ordres, créé une paradéontologie évoquant vaguement l’avoué. En dépit d’une prolifération législative la France n’a pas plus réussi à imposer une déontologie universelle. Usant de procédés imaginatifs renouvelés, les gouverneurs ont, principe de réalisme oblige, tout inventé pour sauver un système notoirement défaillant jusqu’à l’inadmissible (interdiction de plaider pour les indigènes). Dans les années 1930/1936 la République se résolut à instaurer des « barreaux libres », grosso modo calqués sur ceux de métropole, tentative libérale sans lendemain à raison de la guerre puis des conflits de décolonisation. Il faudrait réserver un sort à part à l’Algérie, « prolongement naturel de la France ». La Loi du 31 décembre 1971 en créant un « avoué plaidant » redouté par les caciques a initié une réforme profonde du rôle de l’avocat et posé ainsi les jalons d’une évolution ultérieure de la déontologie (institution d’une représentation nationale -CNB, octroi à celle-ci du pouvoir législatif en la matière). C’est néanmoins sans les avocats que fut publié le décret de déontologie en 2005. Une déontologie aussi linéaire s’explique par le souci pour le Prince d’assurer jusqu’à l’infini détail la perfection de sa mission de juger, une métaphysique du parfait. La marchandisation du droit, l’extension du domaine de l’avocat, l’industrialisation des acteurs contrarient cet objectif. La France tranchera-t-elle enfin ?Is ethics of lawyers emanating from them because of the necessities of its exercise or from the political authorities because it touches a sovereign task? France has not hesitated. Inspired in particular by THEODOSIUS and JUSTINIAN, borrowing Carolingians and chivalry religious morals, kings from St. Louis have legislated especially as the birth of royal courts at the end of the thirteenth century stabilized the role and title of the lawyer. The customs and the "stiles" completed this device. These principles (loyalty, independence, respect) will change over time into "uses". As long as the lawyer is a member of the judicial institution with a vocation to become executive, the deontology was based on a consensus. The venality of the offices depriving him of this promotion, transforms him into a simple "auxiliary", wayward to the point of stirring unlikely strikes. Impregnated with the fantasized grandeur of his ancestors in the antiquity he prefers to consolidate his social rank (nobility, precedence). From LOUIS XIV the deontology (ethics) freezes. The Revolution sweeps away this multisecular heritage. Pressed by the concepts of freedom and gratuitousness, the constituents, mostly lawyers, suppress the profession and the parliaments that are being hated. "Unofficial defenders", often without faith or law, take the place of lawyers. Ethics disappeared for twenty years. Reluctantly reinstated by NAPOLEON, these "factious" struggle all the nineteenth against the state for the control of "uses" weakening them (already in butte to societal currents: emancipation, nationality) a little more. The decree of 1920 settled this situation, which almost engulfed the Orders. Never again until 1971 will lawyers participate in the definition of their rules. At most one association (ANA) will make successful proposals. The wars illustrated the Prince's power of intervention in deontology by suspending it, overhauling it (prohibiting Jews) or creating permanent institutions (CAPA). “France Libre” preserved from Vichy everything that did not conflict with fundamental principles. The years 54/57 introduced liberal modifications (the right to wield funds, to associate, to claim unpaid fees). It is a place where the state did not give up to make the lawyer a civil servant: overseas. Except for Algeria, a "natural extension of France", in other countries under french domination, in a total disorder, far from its dreamed unity, France has, in the indifference of the bar associations, created a paradeontology vaguely evoking the “avoué”. Despite a legislative abundance, France has no more succeeded in imposing a universal code of ethics. Using renewed imaginative processes, the governors have, as required by a principle of realism, all invented to save a notoriously failing system until the inadmissible (prohibition to plead for the natives). In the years 1930/1936 the Republic resolved to establish "free bars", roughly modeled on those of metropolis, a liberal attempt without a future because of the war and the conflicts of decolonization. The Law of December 31, 1971 creating a "pleading-solicitor" dreaded by the caciques initiated a profound reform of the role of the lawyer and laid the groundwork for a subsequent evolution of ethics (institution of a national representation -CNB granting it legislative power in this area). It was nevertheless without the lawyers that the decree of ethics was published in 2005. Such a linear deontology is explained by the concern for the Prince to ensure to the infinity detail the perfection of his mission to judge, a metaphysics of the perfect. The commodification of the law, the extension of the field of the lawyer, the industrialization of the actors contradict this objective. Will France finally decide ?
Books on the topic "Lawyers in art"
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The art of negotiation for lawyers. Long Beach, CA (P.O. Box 3787, Long Beach 90803-0787): Available from Richter Publications, 1985.
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The art of practicing law. Chicago: American Bar Association, 2012.
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Kramon, James M. The art of practicing law. Chicago: American Bar Association, 2012.
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Maxwell, Kimera K. A lawyer's guide to public relations: The art of promoting your practice. Eau Claire, Wis: Professional Education Systems, 1989.
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The art of cross-examination. Chicago, Ill: American Bar Association, 2009.
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Wellman, Francis Lewis. The art of cross-examination. Holmes Beach, Fla: Gaunt, 1997.
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D, Stark Steven, and Pennsylvania Bar Institute, eds. Speaking to win: The art of effective speaking for lawyers. [Mechanicsburg, Pa.]: Pennsylvania Bar Institute, 2009.
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D, Stark Steven, and Pennsylvania Bar Institute, eds. Speaking to win: The art of effective speaking for lawyers. [Mechanicsburg, Pa.]: Pennsylvania Bar Institute, 2009.
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Josef Haubrich: Ein Anwalt der Kunst : der Kölner Rechtsanwalt, Politiker und Sammler (1889-1961) im Spiegel von Dokumenten, Zeitzeugenberichten und Selbstzeugnissen. Köln: Museum Ludwig, 2016.
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The art of lawyering: Essential knowledge for becoming a great attorney. Naperville, Ill: Sphinx Pub., 2010.
Find full textBook chapters on the topic "Lawyers in art"
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Ridley, Jeffrey. "Auditors Are Lawyers." In Creative and Innovative Auditing, 183–96. Abingdon, Oxon ; New York, NY : Routledge, 2018.: Routledge, 2017. http://dx.doi.org/10.4324/9781315574646-12.
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Morgan, Rae. "Lawyers are still lawyers. Except when they're not." In Design in Legal Education, 238–42. London: Routledge, 2022. http://dx.doi.org/10.4324/9780429021411-22.
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Cosslett, Clare. "Anne Vladeck." In Lawyers at Work, 1–15. Berkeley, CA: Apress, 2012. http://dx.doi.org/10.1007/978-1-4302-4504-9_1.
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Cosslett, Clare. "Wayne Alexander." In Lawyers at Work, 171–91. Berkeley, CA: Apress, 2012. http://dx.doi.org/10.1007/978-1-4302-4504-9_10.
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Cosslett, Clare. "Sean Delany." In Lawyers at Work, 193–208. Berkeley, CA: Apress, 2012. http://dx.doi.org/10.1007/978-1-4302-4504-9_11.
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Cosslett, Clare. "David Whedbee." In Lawyers at Work, 209–25. Berkeley, CA: Apress, 2012. http://dx.doi.org/10.1007/978-1-4302-4504-9_12.
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Cosslett, Clare. "Shane Kelley." In Lawyers at Work, 227–43. Berkeley, CA: Apress, 2012. http://dx.doi.org/10.1007/978-1-4302-4504-9_13.
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Cosslett, Clare. "Arthur Feldman." In Lawyers at Work, 245–59. Berkeley, CA: Apress, 2012. http://dx.doi.org/10.1007/978-1-4302-4504-9_14.
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Cosslett, Clare. "Adam Nguyen." In Lawyers at Work, 261–79. Berkeley, CA: Apress, 2012. http://dx.doi.org/10.1007/978-1-4302-4504-9_15.
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Cosslett, Clare. "Jim Sanders." In Lawyers at Work, 17–36. Berkeley, CA: Apress, 2012. http://dx.doi.org/10.1007/978-1-4302-4504-9_2.
Full textConference papers on the topic "Lawyers in art"
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Бардин, Лев, and Lev Bardin. "On the issue of the right to provide legal assistance." In St. Petersburg international Legal forum RD forum video — Rostov-na-Donu. Москва: INFRA-M Academic Publishing LLC., 2017. http://dx.doi.org/10.12737/conferencearticle_5a3a6faa331e66.29746358.
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The law establishes that representatives in the courts can be both lawyers and other persons providing legal assistance, as well as legal representatives. The Constitutional Court in its Resolution No. 15-P of 16.07.2004 indicated that representatives of legal entities in arbitration proceedings can be any person. But in accordance with Item II (A) (a) of the List of Specific Obligations of the Russian Federation for Services Included in Annex I to the Protocol of 16 December 2011 "On the Accession of the Russian Federation to the Marrakesh Agreement on the establishing of the WTO", only those who received the status Lawyer in accordance with Russian law, has the right to represent in criminal courts and Russian arbitration courts, as well as act as a representative of organizations in civil and administrative proceedings and proceedings on cases of administrative violations. Appropriate legislative changes are needed. The law states that the use of the terms "advocacy", "lawyer", "lawyer's chamber", "lawyer’s entity" in the names of organizations is allowed only by lawyers. Every year, Russia's tax inspections register dozens of organizations set up by non-layers, illegally including the above terms in their names. The law should provide not only prohibitions, but also sanctions for violation of these prohibitions. Collegiums of advocates often include the phrase "partners" in their names. But lawyers - members of the board are not partners and do not sign partnership agreements. Partners can not be among the governing bodies of the collegium . The application by collegiums of lawyers of the rules provided for non-commercial partnerships by the Federal Law "On Non-Profit Organizations" in the part of partners is illegal.
Only lawyers can establish a lawyer’s bureau and conclude a partnership agreement. But in practice in lawyer’s bureau, persons who do not have the status of a lawyer become partners. In other countries, in associating lawyers limited liability partnerships, along with partners, there are "associates". The introduction of such "associates" in our lawyer’s bureau will be a good alternative to attempts to include commercial organizations in the composition of lawyer entities.
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Čolović, Vladimir, and Magdalena Makiela. "Osiguranje od profesionalne odgovornosti advokata." In Prouzrokovanje štete, naknada štete i osiguranje. Institut za uporedno pravo, Udruženje za odštetno pravo, Pravosudna akademija, 2023. http://dx.doi.org/10.56461/zr_23.ons.24.
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The professional liability of a lawyer is related to the intellectual aspect of this profession, as well as to the conditions for its performance, which are related to the performance of specific jobs, expertise, passing a special exam, registration in certain registers, etc. Lawyers are obliged to conclude a professional liability insurance contract. The obligation of this type of insurance has two goals. The first refers to the protection of the lawyer’s clients from damage, which may be caused by the lawyer’s mistake, and the second refers to the protection of the lawyer, i.e., the protection of his property. The Act on the Bar of the Republic of Serbia regulates liability insurance for lawyers as mandatory. The Bar Association will not issue a lawyer’s license or extend it to a lawyer who does not conclude the mentioned insurance. The text also pays attention to the regulation of lawyers’ liability insurance in certain countries. In addition, the author pays special attention to the insured case with this type of insurance, that is, the moment when the insurer’s obligation with this type of insurance arises.
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Ćorić, Dragana. "OBUKA ADVOKATSKOG PRIPRAVNIKA ZA SAMOSTALAN RAD KAO SPECIFIČNA USLUGA I DELATNOST ADVOKATA." In XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.531c.
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The law faculties with their programs provide the basic corpus of knowledge and skills to young lawyers, which are necessary for their independent work in one of the legal professions. In order to better prepare them for independent work in the legal profession, a two-year legal-trainee practice has been established and is taking place in the lawyer’s office. During this practice, the lawyer (principal) conducts activities that provide the legal trainee ith the necessary skills to work and deal with clients and other state bodies better than after the solely graduation. We can view this relationship as a special type of service activity, which a lawyer performs within his profession, which at the same time improves himself and his work, and on the other hand introduces a new person to the profession in an adequate way.
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Jain, Harshit, and Naveen Pundir. "Representation Learning and Similarity of Legal Judgements using Citation Networks." In 10th International Conference on Natural Language Processing (NLP 2021). Academy and Industry Research Collaboration Center (AIRCC), 2021. http://dx.doi.org/10.5121/csit.2021.112302.
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India and many other countries like UK, Australia, Canada follow the ‘common law system’ which gives substantial importance to prior related cases in determining the outcome of the current case. Better similarity methods can help in finding earlier similar cases, which can help lawyers searching for precedents. Prior approaches in computing similarity of legal judgements use a basic representation which is either abag-of-words or dense embedding which is learned by only using the words present in the document. They, however, either neglect or do not emphasize the vital ‘legal’ information in the judgements, e.g. citations to prior cases, act and article numbers or names etc. In this paper, we propose a novel approach to learn the embeddings of legal documents using the citationnetwork of documents. Experimental results demonstrate that the learned embedding is at par with the state-of-the-art methods for document similarity on a standard legal dataset.
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Radulović, Uroš. "Advokatura i besplatna pravna pomoć." In XVI Majsko savetovanje. University of Kragujevac, Faculty of Law, 2020. http://dx.doi.org/10.46793/upk20.405r.
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Since the Republic of Serbia has adopted the Law on free legal aid, according to kay, providers are free to truly assist legal lawyers and to unify authentic improvement and local self-government. Advocacy, as an independent and independent profession, will participate in the protection of the rights and legal interests of the most vulnerable citizens. The law identified three categories of citizens who are entitled to a free lawyer, primarily those receiving social assistance or child allowance. As legal aid providers, lawyers will be adequately rewarded for their engagement in the form of monetary compensation prescribed by the Decree of the RS Government. Establishing a single register of service providers in the ministry, as well as within the Serbian Bar Association and other regional bar associations, will prevent possible abuse and allow even distribution of cases to lawyers.
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Radulović, Uroš. "Advokatura i besplatna pravna pomoć." In XVI Majsko savetovanje. University of Kragujevac, Faculty of Law, 2020. http://dx.doi.org/10.46793/upk20.405r.
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Since the Republic of Serbia has adopted the Law on free legal aid, according to kay, providers are free to truly assist legal lawyers and to unify authentic improvement and local self-government. Advocacy, as an independent and independent profession, will participate in the protection of the rights and legal interests of the most vulnerable citizens. The law identified three categories of citizens who are entitled to a free lawyer, primarily those receiving social assistance or child allowance. As legal aid providers, lawyers will be adequately rewarded for their engagement in the form of monetary compensation prescribed by the Decree of the RS Government. Establishing a single register of service providers in the ministry, as well as within the Serbian Bar Association and other regional bar associations, will prevent possible abuse and allow even distribution of cases to lawyers.
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Путятинский, В. В., and Е. О. Тулупова. "ON CERTAIN ISSUES OF THE PRACTICE OF APPLYING DISCIPLINARY LIABILITY TO LAWYERS." In ИНСТИТУТЫ ЗАЩИТЫ ПРАВ ЧЕЛОВЕКА И ГРАЖДАНИНА В ИСТОРИИ РОССИИ. Crossref, 2022. http://dx.doi.org/10.56777/lawinn.2023.92.64.014.
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Адвокат как особый субъект может быть привлечен к дисциплинарной ответственности. Это связано с тем, что он является членом адвокатского сообщества. В статье рассматриваются вопросы применения дисциплинарной ответственности в отношении адвокатов, рассматривается судебная практика, в рамках которых рассматриваются основания наступления дисциплинарной ответственности адвоката. A lawyer as a special subject may be brought to disciplinary responsibility. This is due to the fact that he is a member of the legal community. The article deals with the application of disciplinary responsibility against lawyers, examines judicial practice, within which the grounds for the occurrence of disciplinary responsibility of a lawyer are considered.
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Sartor, Giovanni, Michel Rudnianski, Antonino Rotolo, Régis Riveret, and Eunate Mayor. "Why lawyers are nice (or nasty)." In the 12th International Conference. New York, New York, USA: ACM Press, 2009. http://dx.doi.org/10.1145/1568234.1568247.
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Woods, Daniel W., and Aaron Ceross. "Blessed Are The Lawyers, For They Shall Inherit Cybersecurity." In NSPW '21: New Security Paradigms Workshop. New York, NY, USA: ACM, 2021. http://dx.doi.org/10.1145/3498891.3501257.
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Ni?oiu, Lorena Gabriela. "THE CORRESPONDENCE OF THE LAWYER IN ECHR JURISPRUDENCE AND OF THE ROMANIAN CONSTITUTIONAL COURT." In 11th SWS International Scientific Conferences on ART and HUMANITIES - ISCAH 2024. SGEM WORLD SCIENCE, 2024. http://dx.doi.org/10.35603/sws.iscah.2024/fs01.12.
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Correspondence between a lawyer and his client, regardless of its purpose, is protected under article 8 of the Convention, which gives it increased protection in terms of confidentiality. In Romania, the Constitutional Court considers regarding the correspondence between a lawyer and his client, that it contributes essentially to the defense of the client, being an intrinsic element of the fundamental right to defense, enshrined in article 24 of the Constitution. Therefore, the lawyer-client relationship is qualified as a privileged one. The analysis of the Constitutional Court must have as a premise the privileged status of lawyer-client correspondence, which benefits from a specific legal treatment, without putting the sign of equality between this and ordinary correspondence between individuals. Romania must regulate a normative framework capable of providing additional protection for this type of correspondence.
Reports on the topic "Lawyers in art"
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Metzger, Pamela R., Claire Buetow, Kristin Meeks, Blane Skiles, and Jiacheng Yu. Greening Criminal Legal Deserts in Rural Texas. SMU Dedman School of Law, December 2022. http://dx.doi.org/10.25172/dc.10.
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Texas’ rural communities urgently need more prosecutors and public defense providers. On average, Texas’ most urban areas have 28 lawyers for every 100 criminal cases, but rural areas only have five. Many rural prosecutor’s offices cannot recruit and retain enough staff. The Constitution’s promise of equal justice for all remains unfulfilled. Rural Texans charged with misdemeanors are four times less likely to have a lawyer than urban defendants. In 2021, only 403 rural Texas lawyers accepted an appointment to represent an adult criminal defendant. In 65 rural counties, no lawyer accepted an appointment. And the problem is getting worse. Since 2015, Texas has lost one-quarter of its rural defense lawyers. Many of them retired and have not been replaced.
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Brink, Malia N., Pamela R. Metzger, Claire Buetow, and Terrence Cain. Ending Arkansas’ First Appearance Crisis. Southern Methodist University, Dedman School of Law, Deason Criminal Justice Reform Center, May 2024. http://dx.doi.org/10.25172/dc.12.
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Arkansas law is clear: every arrested person has the right to an attorney’s help the first time they see a judge. But across the state, people often face a judge at first appearance without a lawyer by their side. Even worse, a shortage of attorneys means people sometimes wait months for a lawyer’s help. The Constitution promises that every person in jail will have access to the courts and to counsel. Yet far too often, Arkansas allows people to languish in jail alone, afraid, and undefended. This policy brief outlines research-based solutions for Arkansas to honor the Constitution’s promises by guaranteeing counsel at first appearance, ensuring appointment of defense counsel within 72 hours of arrest, and adequately funding public defense. These reforms can end the first appearance crisis, reduce court backlogs, and ease jail overcrowding.
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Bravo, David, Sergio Urzúa, and Claudia Sanhueza. Is There Labor Market Discrimination among Professionals in Chile?: Lawyers, Doctors and Businesspeople. Inter-American Development Bank, May 2008. http://dx.doi.org/10.18235/0011271.
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This paper analyzes gender differences in three Chilean professional labor markets, business, law and medicine, utilizing a new and rich data set collected for this purpose. The results show that differences in wages attributed to gender are only present in the legal profession. In business/economics, a vector of current family condition eliminates the gender effect and in Medicine, taking into account hours worked, size of firm and region also eliminates gender differences. The paper further shows that individuals' perceived locus of control (internal or external) is relevant in explaining the distribution of earnings.
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Davies, Andrew L. B., Blane Skiles, Pamela R. Metzger, Janelle Gursoy, and Alex Romo. Getting Gideon Right. SMU Dedman School of Law, April 2022. http://dx.doi.org/10.25172/dc.8.
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In Gideon v. Wainwright, the U.S. Supreme Court held that the government must provide a criminal defense lawyer for any accused person who cannot afford one. But for too many people, Gideon's promise remains unfulfilled. In Texas, there are no statewide guidelines about who is entitled to a court-appointed lawyer. Instead, counties create their own rules that create serious gaps in constitutional protection. Getting Gideon Right investigates the financial standards that determine an accused person's eligibility for appointed counsel in Texas county courts. The report reveals a patchwork of county court policies that are both complex and severe.
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TITOVA, E. HISTORIOGRAPHIC REVIEW ON THE TOPIC OF THE STUDY OF MIGRATION PROCESSES IN THE RUSSIAN FAR EAST AT THE BEGINNING OF THE XXI CENTURY. Science and Innovation Center Publishing House, 2021. http://dx.doi.org/10.12731/2077-1770-2021-13-4-2-34-53.
Full textAbstract:
The article provides an overview of scientific research on the study of migration processes in the Far Eastern regions. The problems of migration, the state mechanism for regulating migration issues, and the peculiarities of interethnic interactions are very topical topics not only at the regional, but also at the national level. In the Russian Federation, studies on these topics have appeared relatively recently. Due to the fact that at the end of the 20th century there was a surge in the ethnic self-awareness of the peoples of the country, together with the intensification of socio-economic transformation processes, there are sharp, often radical, changes in the field of interethnic interactions, in particular, the growth of armed interethnic conflicts, an increase in migration outflows or inflows. etc. Modern scientific research in the field of migration processes is practice-oriented, that is, they are aimed at the implementation of narrow applied problems, there is also an increase in the accumulation of an updated extensive theoretical and methodological base. In particular, studies, for example, concerning the topic of interethnic interactions, are directly related to the topic of ethnic tolerance, which has also become very popular and in demand in the last decade for specialists from various scientific fields - psychologists, ethnographers, lawyers, etc.
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Ghosh, Arijeet, Madhurima Dhanuka, Sai Bourothu, Fernando Lannes Fernandes, Niyati Singh, and Chenthil Kumar. Lost Identity: Transgender Persons Inside Indian Prisons. Commonwealth Human Rights Initiative, 2020. http://dx.doi.org/10.20933/100001185.
Full textAbstract:
This report sheds light on challenges faced by Transgender persons in Indian prisons. The report analyses the international and legal frameworks in the country which provide the foundation for policy formulations with regard to confinement of LGBT+ persons, with particular reference to the Transgender community. This report also documents the responses received to right to information requests filed to prison headquarters across the country, which in addition to providing the number of Transgender prisoners in Indian prisons between 1st May 2018 to 30th April 2019, also provides relevant information on compliance within prisons with existing legal frameworks relevant to protecting the rights of Transgender persons in prisons, especially in terms of recognition of a third gender, allocation of wards, search procedures, efforts towards capacity building of prison administrators etc. The finalisation of this report has involved an intense consultative process with individuals and experts, including representatives from the community, community-based organisations as well as researcher and academicians working on this issue. This report aims to enhance the understanding of these issues among stakeholders such as prison administrators, judicial officers, lawyers, legal service providers as well as other non-state actors. It is aimed at better informed policy making, and ensuring that decisions made with respect to LGBTI+ persons in prisons recognize and are sensitive of their rights and special needs.
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Flandreau, Marc, Stefano Pietrosanti, and Carlotta Schuster. Why do Sovereign Borrowers Post Collateral? Evidence from the 19th Century. Institute for New Economic Thinking Working Paper Series, October 2021. http://dx.doi.org/10.36687/inetwp167.
Full textAbstract:
This paper explores the reasons why sovereign borrowers post collateral. Such behavior is paradoxical because conventional interpretations of collateral stress repossession of the assets pledged as the key to securing lenders against information asymmetries and moral hazard. However, repossession is generally difficult in the case of sovereign debt and in some cases impossible. Nevertheless, such sovereign “hypothecations” have a long history and are again becoming very popular today in developing countries. To explain sovereign collateralization, we emphasize an informational channel. Posting collateral produces information on opaque borrowers by displaying borrowers’ behavior and resources. We support this interpretation by examining the hypothecation “mania” of 1849-1875, when sovereigns borrowing in the London Stock Exchange pledged all kinds of intangible revenues. Yet, at that time, sovereign immunity fully protected both sovereigns and their assets and possessions. Still, we show that hypothecations significantly decreased the cost of sovereign debt. To explain how, we stress the pledges’ role in documenting sovereigns’ wealth and the management of revenue streams. Based on an exhaustive library of bond prospectuses collected from primary sources, matched with a panel of sovereign bond yields and an innovative measure of sovereign fiscal transparency, we show that collateral minutely described in debt covenants served to document and monitor sovereign resources and development prospects. Encasing this information in contracts written by lawyers served to certify the quality of the resulting data disclosure process, explaining investors’ readiness to pay a premium.
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Lewis, Dustin, Gabriella Blum, and Naz Modirzadeh. Indefinite War: Unsettled International Law on the End of Armed Conflict. Harvard Law School Program on International Law and Armed Conflict, February 2017. http://dx.doi.org/10.54813/yrjv6070.
Full textAbstract:
Can we say, definitively, when an armed conflict no longer exists under international law? The short, unsatisfying answer is sometimes: it is clear when some conflicts terminate as a matter of international law, but a decisive determination eludes many others. The lack of fully-settled guidance often matters significantly. That is because international law tolerates, for the most part, far less violent harm, devastation, and suppression in situations other than armed conflicts. Thus, certain measures governed by the laws and customs of war—including killing and capturing the enemy, destroying and seizing enemy property, and occupying foreign territory, all on a possibly large scale—would usually constitute grave violations of peacetime law. This Legal Briefing details the legal considerations and analyzes the implications of that lack of settled guidance. It delves into the myriad (and often-inconsistent) provisions in treaty law, customary law, and relevant jurisprudence that purport to govern the end of war. Alongside the doctrinal analysis, this Briefing considers the changing concept of war and of what constitutes its end; evaluates diverse interests at stake in the continuation or close of conflict; and contextualizes the essentially political work of those who design the law. In all, this Legal Briefing reveals that international law, as it now stands, provides insufficient guidance to precisely discern the end of many armed conflicts as a factual matter (when has the war ended?), as a normative matter (when should the war end?), and as a legal matter (when does the international-legal framework of armed conflict cease to apply in relation to the war?). The current plurality of legal concepts of armed conflict, the sparsity of IHL provisions that instruct the end of application, and the inconsistency among such provisions thwart uniform regulation and frustrate the formulation of a comprehensive notion of when wars can, should, and do end. Fleshing out the criteria for the end of war is a considerable challenge. Clearly, many of the problems identified in this Briefing are first and foremost strategic and political. Yet, as part of a broader effort to strengthen international law’s claim to guide behavior in relation to war and protect affected populations, international lawyers must address the current confusion and inconsistencies that so often surround the end of armed conflict.