Bøger udgivet af American Bar Association

This is a comprehensive examination of the Surety's Indemnity Agreement, the first publication of its kind; providing a description of the Surety's Indemnity Agreement's provisions along with a discussion of the cases that have interpreted those provisions. In addition, the book provides practice pointers assisting practitioners in the enforcement of the surety's rights under the Indemnity Agreement. Both the footnotes in the book and the bibliographies attached cite numerous cases and published and unpublished papers that concern the development and analysis of the surety's rights under the Indemnity Agreement.In addition to updating the law and adding as many case citations and articles about the surety's Indemnity Agreement as possible, this new edition has been updated with the new cases related to surety indemnity agreements handed down since the FSLC published the Second Edition in 2013.

"Second edition of The Law of Trustee Investments"--

"Our focus is on trauma as it impacts and applies to lawyers and clients in practice, legal education, courts and judges, and the legal system and profession as a whole. This book gives voice to only some of the many traumatic experiences that arise in all aspects of law. Unless we hear these voices, we cannot begin to address the many legal, ethical, moral, educational, juridical systems or other issues they raise even where we have tools to do so. The pursuit of justice means voices of trauma in the legal system deserve to be heard, individually and collectively, even when it's difficult to listen"--

"The author's hope is that when a client presents to an attorney with water damage to his or her property, the attorney will be able to compare the facts presented by the client with information in this book-and thereby develop a comprehensive recovery strategy. This book brings all the information together and cites the cases in which flooding was the cause of the loss"--

Written by Clifton B. Kruse, Jr., a well-known expert in the fields of estate planning and elder law, this updated edition of Third-Party and Self-Created Trusts explains the effect that governmental legislation has had on trust law and guides you through the maze of federal laws that affect planning for the elderly and disabled. Focusing on the effect of the Omnibus Budget Reconciliation Act of 1993 on trusts for older and disabled Americans, this guide includes the full text of this act and outlines how it affects the drafting of trusts, illustrated by a comprehensive chart showing OBRA 1993's effect on nine commonly used trusts.Third-Party and Self-Created Trusts includes sample forms and language reflecting the most current rulings, dozens of real-world examples, and detailed endnotes that will help you: Draft trusts for individuals who have disabled children or elderly or disabled parents so that the trust beneficiary is not disqualified from receiving government entitlement programsOutline the necessary case law and language that should be considered when drafting wills and trusts for such clientsInclude language in the trust for disabled clients who may be receiving Medicaid and wish to retain a supplemental fund for themselves until their death.In addition to updating the material from the earlier editions, the trust forms have been amended where appropriate.

"The focus of this book is the strategy and practice of international litigation"--

No existing work instructs patent practitioners regarding the legal pitfalls of patent claim drafting in light of major court decisions and related to the substantive aspects of patent law as it exists today in a portable and relatively compact form. Patent Claim Drafting Practice addresses common concerns and/or pitfalls in this area of law, offering invaluable knowledge drawn from experience.For the less experienced practitioner, Patent Claim Drafting Practice discusses the basics of patent claim drafting. In particular, patent claim drafting mechanics is treated in detail. Extensive discussion is provided on types of patent infringement and types of patent claims. Patent claim construction is also handled. This discussion of the legal rules related to claim construction is used as a springboard to develop a set of principles to guide claim drafting.For the practitioner with a bit of experience desiring to sharpen his or her skills, Patent Claim Drafting Practice develops and provides a set of guiding principles to use when drafting patent claims, both basic principles and relatively advanced principles, respectively identified as such. The book, therefore, provides an extensive discussion for handling many important drafting issues, such as patent eligibility considerations, as simply one important example. In addition to providing up-to-date legal analysis based on up-to-date case law, many other considerations that may affect how best to draft patent claims are discussed, such as underlying economics or markets, differences in technical arts, etc. Throughout the book, discussions are supported with many examples of patent claim drafting using state of the art technology examples.The book, consequently, covers a host of patent law considerations and doctrines that have the potential to affect the drafting of patent claims. The book highlights key principles using bolded text within text boxes throughout. In addition to listing key principles at the beginning of each chapter and in an appendix, the book also includes in an appendix a sample of patent application boilerplate that covers a wide range of existing technologies.

"The Health Law Essentials book was the brain child of the ABA Young Lawyers Division's Health Law Committee, whose leaders wanted to provide fellow young healthcare lawyers a starting point for a vast array of health law topics. The Committee is indebted to the ABA Health Law Section, whose staff and volunteer leaders provided the resources necessary to bring this dream to fruition."--ECIP introduction.

Commercial Mediation Practice Guide: A Practical Handbook for Lawyers and their Business Clients, Third Edition is a revised and expanded version which provides an invaluable and straightforward understanding of key suitability, preparation and advocacy issues in mediation.

"This book starts the conversation about what attorneys can do to improve both health and justice outcomes for people of diverse backgrounds who have mental illness. Focusing on the role of litigators working in the criminal justice system-particularly prosecutors and defense attorneys-this book offers an overview of foundational concepts, lawyering skills, and legal theories that attorneys can use in day-to-day practice as they work toward achieving fair and equitable access to justice for all"--

"The purpose of this book is to provide practical guidance to civil trial lawyers in litigating claims of confidentiality for attorney-client communications and attorney work product. It is a practice guide both for lawyers seeking to obtain such information and for those seeking to protect such information"--

"You should get as much help as you need for as small of a price as possible. You deserve a firm or organization that not only saves you on expenses and builds revenues but that also provides better customer service to your clients, the tools your employees need to do their jobs, and less stress for you personally. This book will explore tools that will help you center your practice on applying your skills to high-value tasks. This book should better position you for the future. You will not likely take every piece of advice offered, but you should get direction of where you want to take your firm or organization. You may even be able to figure out a way to get to a small part of the 77 to 86 percent of potential clients that lawyers do not serve. This book will examine a few featured products and supply screenshots to illustrate the possibilities for your firm. It will explore some good and not-so-good free products and low-cost products to provide ideas. There are plenty of products that cost more and provide many quality services, but you need to see what is out there to decide what you want out of your automation"--

"This review of the Supreme Court's October 2021 Term looks back at the major cases addressed by the Court and provides a valuable focus on the implications of these decisions. Written by Erwin Chemerinsky, Dean of the University of California at Berkeley School of Law, the book takes a neutral tone, neither praising nor criticizing the decisions, and organizes the case essays by topic." --

"This book provides the franchise lawyer a summary of the laws applicable to restrictive covenants as of the date of publication"--

"Everyone gets exactly the same 24 hours in every day. If you're struggling, the problem often isn't that you don't have enough time; the problem is that either you aren't managing your activities effectively enough to fit within the time you have available or you aren't using the tools you have as efficiently as possible. This book will help you tackle both"--

"The purpose of this book is to provide a thoughtful, useful, and succinct reference for the franchise practitioner to use to navigate the mostly uncharted waters of international franchise sales laws"--

"Up-to-date information on statues, court rules, and reported cases relevant to practicing Chinese family law"--

The legal landscape around climate change is complex, unstable, and expanding. Scientists continue to publish new findings, policy makers regularly adopt new regulations, and petitioners file new litigation, nationwide and around the world. Hence the need for this third edition. Most of it is completely new, and the few chapters carried over from the second edition have been thoroughly updated.

"This book is intended to assist lawyers in navigating the developing area of human rights due diligence (HRDD). It explores the key components and requirements of the HRDD process, considers practical implementation of HRDD into corporate practices and policies, and treats key topics and cross-cutting issues related to HRDD. The 15 chapters in this book should therefore further lawyers' understanding of HRDD and allow them to advise their business clients in a manner that aids those clients with adoption and implementation of good practices to enhance their effectiveness in addressing their potential and actual human rights impacts"--

Family lawyers are dealing with a burgeoning number of cases involving special needs children. These families have much higher divorce rates and their cases often involve more specialized handling. To meet these demands, this book takes a practical look at what special needs are, how they are relevant in the arena of divorce, and what lawyers can do to make the system work better for these children and their families.Special needs are often determined following the categories that the public education system considers eligible for special education services, including autism, physical limitation and health impairment, emotional disturbance, learning disability, and developmental delay, among many others. The author begins by discussing what special needs are in terms of legislation and how such cases are evaluated and then handled in the court. Issues addressed include the initial interview, drafting divorce petitions and motions, and legislation and case law.The Special Needs Child and Divorce, Second Edition examines how child support guidelines and standard visitation schedules often don't meet the needs of special needs children, and Chapter 6 provides a model child support chart, parenting plan, and modification for these cases. Subsequent chapters address other aspects raised by handling a case with a special needs child, including maintenance and property division, the roles of the parties in the divorce process, guardianships, special needs trusts, and other estate planning issues.Drawn from her years of experience in handling divorce and family court cases involving special needs children, the author provides numerous practice tips throughout the book. In addition, she includes valuable sample language and forms throughout the text that illustrate how modifications are needed to adequately address issues raised by a special needs child. Other chapters offer sample forms and documents that have been developed or adapted for use in divorce cases involving children with special needs and checklists to help guide you through the key elements of handling the case.

This valuable book provides an in-depth review and analysis on casualty and insurance issues in one comprehensive, easy-to-use resource.

With each state having its own procurement statutes, regulations, and policies, there are similarities as well as important differences in the legal frameworks that have developed over the years, making it difficult and time-consuming for suppliers who provide products to multiple states. Now fully updated, this useful, single-volume resource contains a summary of purchasing laws and processes for all 50 States. Each chapter is written by individuals knowledgeable in each state's' laws and processes, and includes: A listing of purchasing laws and regulationsDescriptions of purchasing methodsAn explanation of: Bid protest proceduresContract claims processes, andAdministrative and judicial reviewThose involved in state procurement -- government officials, contract administrators, attorneys, and contractors -- will find the information in this Guide to be invaluable.

Sustainability Essentials: A Leadership Guide for Lawyers is for you if you went to law school or are going to law school or considering law school to help move society and the law profession in a more environmentally, socially, and economically sustainable direction, to protect life on the planet, and to make life better for present and future generations. It is also for you if you did not have this goal in law school, but you now want to incorporate sustainable development in your practice.Sustainable development is a relatively new legal perspective, one that demands practice, patience, persistence, and great attention to what clients actually want and need. Best practices for sustainable development in law practice are a work in progress, and leadership matters. This Guide aims to help you on your journey, and to help you succeed in making your goals a reality.

This ABA bestseller has helped thousands of estate planners understand the complex rules and regulations governing qualified retirement plan distributions and IRAs. Now newly updated, An Estate Planner's Guide to Qualified Retirement Benefits provides expert and current guidance for structuring benefits from qualified retirement plans and IRAs, consistently relating key distribution issues to current estate planning practice. Topics covered include: The different types of qualified plans and the tax and non-tax rules relating to themThe forms of distribution and the situations in which they need to be consideredPenalty taxesDistribution requirements and how to calculate themIncome taxation and handling rolloversTransfer taxesSpousal rights, QDROs, and community property considerationsEstate and trust administration issuesPractical planning strategies to avoid penalty and excise taxes on distributions while incurring the lowest income tax, and moreIncludes appendices on tax consequences and hypothetical retirement plan scenarios, sample forms, and revenue rulings, private letter rulings, IRS news releases and notices.

"We need Abe Lincoln now more than ever, not just to inspire us, but to teach us how to live. 'How to Be Abe Lincoln' identifies the seven steps that made Lincoln legendary. Filled with useful tips on how to communicate and inspire others, navigate life's obstacles, and do great things, it is a clear, easy-to-use guide to becoming the best version of whatever it is you choose to be. Equal parts history, philosophy, memoir, and how-to, the book is like Lincoln himself, a true original, filled with humor and insight." --

An essential resource on lawyer ethics - revised and updated: The Annotated Model Rules of Professional Conduct is the ABA's definitive single-volume resource for information about how courts, disciplinary bodies, and ethics committees apply the lawyer ethics rules. The Tenth Edition incorporates all of the amendments the ABA has made to the Model Rules of Professional Conduct through February 2023 - including the 2020 amendments to Model Rule 1.8, permitting limited financial assistance to indigent clients under certain circumstances. This edition adds an annotation to Rule 1.0 (Terminology) and discussion of ethics issues relating to remote work, virtual law practice, fees paid in cryptocurrency, and recent efforts by some states to allow limited practice by nonlawyers.Comprehensive and authoritative: Each chapter begins with the rule and its comment, a link to charts comparing each state's rule with the Model Rule, and then presents a detailed discussion of how the rule has been applied. The book gives citations to thousands of court cases, ethics opinions, law review articles, and internet resources, as well as treatises, the Restatement (3rd) of the Law Governing Lawyers, and the legislative history of the Model Rules.For all jurisdictions and practice settings: All state jurisdictions base their ethics rules on the ABA Model Rules of Professional Conduct.Most federal courts use a variant of either the Model Rules or the home state's version of the Model Rules as the basis for lawyer discipline.Most specialty tribunals exercising their own disciplinary powers also look to the ethics rules, whether or not they have formally adopted them.State and federal courts constantly turn to the ethics rules when deciding disqualification motions, motions for sanctions, motions to suppress, motions to quash, and disputes over fees and fee division, discovery, class certification, and pro hac vice admission status.Suits involving lawyer malpractice and breach of fiduciary duty now routinely invoke the ethics rules, sometimes even in the jury instructions.

"Model Witness Examinations is a gift to young lawyers and to older lawyers who are called in mid- or late career to try cases. The book demonstrates how to offer testimony on direct examination, how to cross-examine and impeach various types of witnesses, and how to use discovery in the examination of witnesses. Sandler and Archibald not only illustrate model examinations, they also offer citations to rules and cases that can be relied upon by an advocate preparing an examination on an important point. Paul Mark Sandler and James K. Archibald are confident, experienced, talented lawyers who take time from busy trial schedules and demanding practices to offer young lawyers the wisdom they have learned from years of trying cases"--

"This book demystifies career trajectories for law students and young attorneys pursuing careers in the public interest by providing accessible tips for crafting impactful resumes and cover letters, and a professional development strategy to employ using those materials"--

While technology has improved the speed and efficiency for providing legal services, one aspect that may be overlooked is how the rapid growth of social media has affected the landscape of almost everything a lawyer may touch--for better or for worse.Legal Ethics and Social Media: A Practitioner's Handbook, Second Edition covers all areas of social media from both the attorney's perspective as well as that of the attorney's clients. Topics include: Being digitally competentRepresenting and advising clients in this digital ageJudges, courts and legal ethicsGoogle, LinkedIn, Twitter, Facebook, Instagram and YouTubeAttorney advertising and social mediaPreservation and spoliation of digital evidence"Facebooking" a juryEthically filtering a response to a negative online comment or reviewDigital assets and much moreIn addition, the book includes references to Legal Ethics Advisory Opinions and a Table of Cases. Any lawyer, judge, law student or legal professional who uses social media or has faced obstacles in court with client's social media activity will find this an invaluable--and essential--tool for their practice or firm.