scholarly journals Empathy in the legal profession and its role in shaping my career

Author(s):  
John Salt

The incorporation of empathy skills in a legal setting has gained a considerable amount of traction in recent years and is deemed to be a core legal competency required as part of legal training.This reflection aims to critique the use of empathy in a legal context and reflect on how my experience of working in the Student Law Office (SLO) has helped to deepen my understanding of both the role of empathy and requirement of using empathy as a tool to use in legal practice.

2003 ◽  
pp. 66-76
Author(s):  
I. Dezhina ◽  
I. Leonov

The article is devoted to the analysis of the changes in economic and legal context for commercial application of intellectual property created under federal budgetary financing. Special attention is given to the role of the state and to comparison of key elements of mechanisms for commercial application of intellectual property that are currently under implementation in Russia and in the West. A number of practical suggestions are presented aimed at improving government stimuli to commercialization of intellectual property created at budgetary expense.


Author(s):  
William E. Nelson

This chapter shows how common law pleading, the use of common law vocabulary, and substantive common law rules lay at the foundation of every colony’s law by the middle of the eighteenth century. There is some explanation of how this common law system functioned in practice. The chapter then discusses why colonials looked upon the common law as a repository of liberty. It also discusses in detail the development of the legal profession individually in each of the thirteen colonies. Finally, the chapter ends with a discussion of the role of legislation. It shows that, although legislation had played an important role in the development of law and legal institutions in the seventeenth century, eighteenth-century Americans were suspicious of legislation, with the result that the output of pre-Revolutionary legislatures was minimal.


Author(s):  
James E. Baker

This article discusses covert action within the context of the U.S. law. The first section describes the main elements of the U.S. legal regime, including the definition of covert action and the “traditional activity” exceptions, the elements of a covert action finding, and the thresholds and requirements for congressional notification. The second section describes some of the significant limitations on the conduct of covert action. The third section discusses the nature of executive branch legal practice in this area of the law. And the last section draws conclusions about the role of national security law within the context of covert action.


Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 350
Author(s):  
Rendy Ardy Septia Yuristara

Advocates are the most vulnerable professions to be Gatekeepers in money laundering. Indeed, the advocate profession is part of the law enforcement apparatus that can contribute better in preventing money laundering activities to develop. Affirmation about the role of advocate that can suppress the occurrence of money laundering crime, that is with the issuance of PP. 43 of 2015, which places advocates as one of the reporting parties in the agenda of eradicating money laundering crime. However, the substance of the rule draws criticism from some misguided advocates in interpreting the intent and purpose of the arrangement. Moreover there are some advocates who consider that the rule is against the rules that regulate immunity rights in the profession advocate. The misinterpretation of some advocates related to the immunity rights inherent in the profession, causing the work of the advocate profession to be considered irrelevant, and not worthy of being called the nobleprofession (OfficiumNobile), But as a bad profession in integrity and promoting commercialization. In fact, the basic purpose of the arrangement of PP. 43 of 2015, which places the advocate profession as one of the reporting parties on the eradication agenda of money laundering, is a form of respect for the profession of advocate who is a noble profession, by prioritizing his professional responsibilities to the state, society and God, as well as his obligations as part of The legal profession to uphold the law and uphold the value of human rights while on duty.


Author(s):  
S. I. Volodina

The paper considers the present time status of the Russian advocacy, the progress in digitalization of the legal profession and plans for the future development, as well as advocacy’s challenging issues and solu- tions. The article reviews criteria for division of advocacy’s challenging issues. The paper refers to the creation of a commemorative medal in honor of the 30th anniversary of the FSAR (Russian Federal Lawyers Union).The role in the integration of the legal profession of the famous attorney and the former head of the department of advocacy of the Kutafi n Moscow State Law University (MSAL) A. V. Kligman, in whose honor the medal was created, is described. Also, the article highlights the “Pashayev eff ect” as the legal profession antihero and shows the negative consequences to which his behavior led. Moreover, attention is paid to the Concept of the development of the legal aid market and the tasks of the legal profession. Besides topics discovered, the Author analyzes the problems of protecting the professional rights of attorneys, the example of violation of the rights is provided by the case of attorney Diana Tsipinova in 2020 and the advocacy’s attempts to achieve a positive result. The problem of creating a specialized advocacy is revealed. The question of the mandatory internship for the purpose to acquire the status of an attorney is discussed. Defenсe standards and Standards of proof are observed. An example of the successful practice in the fi eld of people’s mental health of attorney Y. L. Ershov and his role in changing the law enforcement in mentioned area is given. The role of professional development of advocacy is shown.


2019 ◽  
Vol 10 (1) ◽  
pp. 9-31 ◽  
Author(s):  
Luna Filipović

Abstract In this paper I discuss the many complexities that police officers have to deal with in their communication with suspects. Investigative interviewing is a very complex communicative situation in itself, with a number of different psychological and sociological variables at play during each interview. In addition, suspect interviews bring about an additional dimension of complexity, which is driven by the fact that a basic principle of conversation, cooperation (Grice 1975) is often not respected and is sometimes severely and purposefully violated, for example when suspects are guilty and want to obscure that very fact or when they believe that their situation would worsen if they cooperated with the police. A further layer of complexity is added when the interviews are carried out via an interpreter, where the fact that the officer and the suspect speak different languages during the interview creates additional barriers to straightforward communication. In the present paper, I identify a number of points at which communication difficulties are encountered in this highly sensitive legal context. For this purpose, I analyse authentic interview datasets provided by two UK police constabularies, and also make comparisons with examples from transcripts of authentic US police interrogations. In addition, I highlight the issues that arise when professional interpretation is not available and when bilingual police officers assume the dual role of investigator-interpreter. Finally, I suggest possible solutions that can help remove the hurdles standing in the way of efficient and accurate gathering of communication evidence.


Author(s):  
Stephen Bouwhuis

The inquiry by the United Kingdom into its decision to intervene in Iraq is one of the longest running and most comprehensive examinations of government decision-making. In particular, the inquiry examined in detail the processes by which legal advice was provided to and formed a part of the decision by the Government of the United Kingdom to intervene in Iraq. Through this lens, the current chapter examines what the inquiry illustrates about the general relevance of international law to the decision to intervene in Iraq and more broadly what illustrates about the role of international law in decision-making more generally. In particular, the chapter pertains to the practical and ethical aspects providing international legal advice to government as well as the nature of government legal practice more generally.


Author(s):  
Martin Partington

This chapter discusses the role both of those professionally qualified to practise law and of other groups who provide legal services but who are not formally qualified as lawyers. It examines how regulation of legal services providers has changed. It notes new forms of legal practice. It considers the adjudicators and other dispute resolvers who play a significant role in the working of the legal system. It reflects on the contribution made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.


Author(s):  
Scott Slorach ◽  
Judith Embley ◽  
Peter Goodchild ◽  
Catherine Shephard

This chapter examines the development of the legal profession in the UK. It discusses lawyers as professionals; the importance of legal services and their regulation; the legal profession in England and Wales; the role of ethics in lawyers’ work and the changing face of the legal profession within society.


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