Essentials of Lawyering Skills in Africa / Festus Emiri, Ernest Owusu-Dapaa and Ayuba Giwa.

Format:

Book

Author/Creator:

Emiri, Festus, author.

Owusu-Dapaa, Ernest, author.

Giwa, Ayuba, author.

Language:

English

Subjects (All):

Law--Africa--Methodology.

Law.

Law--Vocational guidance.

Lawyers--Africa--Handbooks, manuals, etc.

Lawyers.

Physical Description:

1 online resource (511 pages)

Edition:

First edition.

Place of Publication:

Lagos, Nigeria : Malthouse Press Limited, [2020]

Summary:

In twenty-two chapters, divided into six parts for convenience, the authors not only lay bare the "art of lawyering" but also provide invaluable nuggets of perfecting and excelling as a solicitor and advocate. There is little doubt that the contents of this book dramatically make a lawyer, especially the lawyer in Africa, to be more effective, more skilful and a proper lawyer useful to the client and society.

Contents:

Cover

Title page

Copyright page

Dedication

Acknowledgements

Preface

Foreword

Table of Cases

Contents

PART I

Chapter 1 - Rhetoric Path: Logos, Pathos and Ethos

Introduction

Rhetoric Triangle

New Rhetoric

Legal Imagination and Lawyering

Learning Skills of Rhetoric Analysis

Ethical Concern about Rhetoric

Chapter 2 - Technology and Legal Practice

Changing face of legal services market

Automation achievements

Implications of automation to law

Legal Reasoning and Artificial Intelligence (AI)

Online Legal Services

Research skills preparatory to online research

Online Legal Research

Digital reading

How to teach technology skills to lawyers

The doubting "Thomas" lawyers

Legal education and automation

Conclusion

Chapter 3 - Case-Management Skills

What Is Case-Management?

Components of Good Case Management

(i) Identify the client's objective

(ii) Summarize the Facts

(iii) Identify and Classify the Legal Issues

(iv) List Possible Solutions

(v) Formulate Timelines

(vi) Discuss Options with Client

(vii) Identify Character in the Case

(viii) Develop the Case-Theory

(ix) Select the Forum

(x) Final Checklist

Chapter 4 - Case Analysis Skills

What is Legal Analysis?

Learning Analysis Skills through Practice

The [Il]Logic of Solomon's Judgment

(i) Reasoning in Logic

(ii) Enthymeme in Solomon's Judgment

Chapter 5 - Legal Reasoning

General Note

Relationship between Reasoning and Logic

Methods of Legal Reasoning

Deductive Reasoning

Learning Syllogism

Enthymeme

Limitations of syllogism

Important note on logic and enthymeme

Example

Analogical Reasoning

Inductive Reasoning: Generalisation

Conclusion.

PART II

Chapter 6 - Legal Memorandum

History of memorandum

Legal memorandum in the computer era

Importance of the legal memorandum

Chapter 7 - Writing Technique

Writing Deficiency

The IRAC Schemata

Chapter Content

Limitations of the IRAC Method

Critique of the IRAC Template

Why Some Writing Teachers and Lawyers Continue to Cling to IRAC

IRAC and the Legal Profession

Good Writing Entails Persuasion

Comparing the Persuasive Power of IRAC with the Flexible (Non-IRAC) Styles of Writing

How to Teaching Robust Legal Writing Skills

Learning Non-IRAC Writing Schemata

Chapter 8 - Judicial Writing

History of judicial writing

Why do judge write opinion

Style of writing

Collegiate judicial writing

Appellate construction of facts

Writing separate opinion

Judicial clerkship

Preparing to write

Facts and issues

Audience

Publication

Final stage of preparing to write

Chapter 9 - Government Regulatory Analysis

Why Regulatory Analysis Skill is Important

Prior Analytical Tool

Why Regulatory Analysis

Methodology for Analysing Regulatory

Explanatory Basis for Regulation

Non-Economic Justification for regulations

Chapter 10 - Opening Statement Presentation

Effective Opening Statement

Place of Opening Statement

Elements of Opening Statement

PART III

Chapter 11 - Rules of Good Writing

Nature of legal writing

What constitutes Good Writing

Clarity

Conciseness

Engaging

The place of elegance in good writing

Chapter 12 - Brevity

Some Mistaken Conception about Brevity

Lessons from Abraham Lincoln

Why Brevity Is Essential for Brief Writing.

Conclusion

Chapter 13 - Grammar Rules

Persuasion and Grammar

How to Eliminate Grammar Errors

Pathos and Good Grammar

Chapter 14 - Writing Style: Referencing Citation, Parenthetical and Punctuation

1. Referencing citation

2. Explanatory parentheticals

3. Legal punctuation

PART IV

Chapter 15 - Case Theory

What is case theory?

Illustration of case theory

Persuasion and case theory

How lawyers can learn to develop case theory

Case theory and theme of the case

How to use case theory to tell the case story

Case theory and litigation

Chapter 16 - Narratives and Storytelling Skills

Law, Stories and Imagination

Origin of Imaginative Theory

Stories and Human Nature

Stories and Cognition

Storytelling and Litigation

Narrative Theory and Storytelling

Acquiring Storytelling Skills

Why stories are important

Narratives and Pleadings

Chapter 17 - Visual Legal Writing and Persuasion

What Is Visual?

Visual and Cognition

Why Visual Persuade

Visuals in Modern Lawyering

Visuals and Legal Education

Visual Typologies and Uses

The Decision to Use Visuals

Empirical Examples of Visuals

The Future for Visuals

Chapter 18 - Using Non-Legal Materials in Litigation

The Brandeis Brief Innovation

Legal Argumentation

Congenial Situations for Non-Legal Materials

Ethical Challenges of Use of Non-Legal Materials

Ethical Safeguard

Chapter 19 - Brief Writing

Preliminary Matters

Tips for good brief writing

PART V

Chapter 20 - Metaphor Reasoning

Metaphor and Cognition

How Metaphor Persuades

Employing Metaphor in Argumentation.

Metaphor and Legal Writing

Learning the Craft of Metaphor

Legal Imagination and Metaphor

Chapter 21 - Figures of Speech in Persuasion

Schemes and Tropes Figures of Speech

PART VI

Chapter 22 - Persuasion and Professional Responsibility

Truth as Fundamental Professional Value

Ethical Conundrum

Ethical Justification of Rhetoric

Index

Back cover.

Notes:

Includes index.

Description based on print version record.

ISBN:

9789785916553

9785916553

OCLC:

1410561617