Professional Documents
Culture Documents
Practice of Law
to appearing in court, or
advising and assisting in the conduct of litigation,
but embracing the preparation of pleadings, and other papers incident to actions and special
proceedings, conveyancing, the preparation of legal instruments of all kinds, and
the giving of all legal advice to clients. State v. Chamberlain, 132 Wash. 520, 232 P. 337,
338.
It embraces all advice to clients and all actions taken for them in matters connected with the
law. Rhode Island Bar Ass'n v. Lesser, 68 R.I. 14, 26 A.2d 6,
“Practice of law means any activity, in or out of court, which requires the application of law,
legal procedure, knowledge, training and experience. ‘To engage in the practice of law is to
perform those acts which are characteristics of the profession. Generally, to practice law is to
give notice or render any kind of service, which device or service requires the use in any
degree of legal knowledge or skill.’
Modern: e-discovery
Predictive Coding is a process whereby a machine learns from watching human behavior and
then applies what it learns. The learning algorithms designed to gather data, analyze it, and
then make decisions about what is relevant.
d. Topic I
a. Transactional Lawyering
i. Transnational Law: Definitions and Concepts
Transnational Law all laws that applies to all persons, businesses and
governments that perform or have influence across stateliness.
Examples
Rana Plaza collapse in Bangladesh: garment factory collapsed
for being built on swampy grounds. A total of 41
defendants face charges over the collapse of the
complex, which housed five garment factories
supplying global brands. About 1100+ died
Philosophical Approach in Ethics
Strawman Approaches
o The Friedman Doctrine: only social responsibility is to
increase profit, so long as they follow the law.
o Cultural Relativism: ethics are culturally determined.
o The righteous moralist approach: the home country
standard should be followed.
o The naïve immoralist: if others are not following we
should not either
Utilitarian: best possible balance of good and bad consequences
Kantian: Immanuel Kant people should be treated as ends and
never purely means to the end of others. People have dignity to
be respected.
b. Transactional Lawyering
i. Definitions and Concepts
Counsel to parties in business transaction (transaction-cost engineers and
reputational intermediaries)
1. Of a Deal Lawyer
a. A Deal Lawyer Must Understand the Structure of Business
Associations
b. The ability to investigate facts and research the law (with
emphasis on due diligence).