Work Of Lawyers Research Articles

Организация судебной работы в компании: вызовы, знания, технологии

The article deals with the main issues of organising claims and litigation work in large companies. The authors present a view based on their personal experience on the models of structuring the claims and litigation function within the legal service — by territory and using centres of competence. The article provides an overview of non-standard technological solutions used in the work of trial lawyers, which can optimise processes, make them cheaper and faster. The authors highlighted the approaches to assessing the effectiveness of trial lawyers, analysed the advantages and disadvantages of using a quantitative criterion for counting successful cases and its possible alternatives. Special attention is paid to the management and preservation of knowledge of the legal function of the company, the importance of methodology and services.

Accommodating Machine Learning Algorithms in Professional Service Firms

Machine learning algorithms, as one form of artificial intelligence, are significant for professional work because they create the possibility for some predictions, interpretations and judgements that inform decision-making to be made by algorithms. However, little is known about whether it is possible to transform professional work to incorporate machine learning while also addressing negative responses from professionals whose work is changed by inscrutable algorithms. Through original empirical analysis of the effects of machine learning algorithms on the work of accountants and lawyers, this paper identifies the role of accommodating machine learning algorithms in professional service firms. Accommodating machine learning algorithms involves strategic responses that both justify adoption in the context of the possibilities and new contributions of machine learning algorithms and respond to the algorithms’ limitations and opaque and inscrutable nature. The analysis advances understanding of the processes that enable or inhibit the cooperative adoption of artificial intelligence in professional service firms and develops insights relevant when examining the long-term impacts of machine learning algorithms as they become ever more sophisticated.

The concept of intersectionality in bioethics: a systematic review

BackgroundIntersectionality is a concept that originated in Black feminist movements in the US-American context of the 1970s and 1980s, particularly in the work of feminist scholar and lawyer Kimberlé W. Crenshaw. Intersectional approaches aim to highlight the interconnectedness of gender and sexuality with other social categories, such as race, class, age, and ability to look at how individuals are discriminated against and privileged in institutions and societal power structures. Intersectionality is a “traveling concept”, which also made its way into bioethical research.MethodsWe conducted a systematic review to answer the question of where and how the concept of intersectionality is applied in bioethical research. The PubMed and Web of Science databases were systematically searched and 192 articles addressing bioethical topics and intersectionality were finally included.ResultsThe qualitative analysis resulted in a category system with five main categories: (1) application purpose and function, (2) social dimensions, (3) levels, (4) health-care disciplines and academic fields, and (5) challenges, limitations, and critique. The variety of academic fields and health-care disciplines working with the concept ranges from psychology, through gynaecology to palliative care and deaf studies. Important functions that the concept of intersectionality fulfils in bioethical research are making inequities visible, creating better health data collections and embracing self-reflection. Intersectionality is also a critical praxis and fits neatly into the overarching goal of bioethics to work toward social justice in health care. Intersectionality aims at making research results relevant for respective communities and patients, and informs the development of policies.ConclusionsThis systematic review is, to the best of our knowledge, the first one to provide a full overview of the reference to intersectionality in bioethical scholarship. It creates a basis for future research that applies intersectionality as a theoretical and methodical tool for analysing bioethical questions.

Locating the 1948 Economic Agreement of Bogotá: The Rise and Fall of Latin America’s International Economic Law Project

Abstract This article claims that Latin America developed a competing International Economic Law project in the 1940s. These ideas and practices served the region to imagine its economic development process. Through the work of economists and lawyers – especially international lawyers – Latin America envisioned a future of industrialization and designed a strategy to make it happen. In the 1940s, many Latin Americans were enthusiastic about the prospects of industrialization; however, the consensus was that this objective required regional cooperation to reshape international trade and foreign investment laws among themselves and, especially, vis-à-vis the United States. This article explores this regional momentum focusing on the 1948 Economic Agreement of Bogotá, one of the most important international economic law-making efforts in the Western Hemisphere. In Bogotá, many Latin American governments insisted that states, not markets or foreign investors, should plan the region’s economic future. The United States and the US business elite disagreed.

Continuity of legal traditions of Ukrainian legislation (Constitutional projects by George Andruzsky)

The legislative process of the first half and middle of the 19th century is considered. in Ukraine, in particular, the constitutional projects of Cyril and Methodius. A historical and legal analysis of the constitutional drafts of the youngest member of the Cyril and Methodius Brotherhood, George Andrusky, entitled «Outlines of the Constitution of the Republic» was made. The influence on the preparation and content of the documents of the ideas of the «Book of the Being of the Ukrainian People» and the revolutionary ideas of Taras Shevchenko is emphasized. Against the historical background of the era, the reaction of the tsarist guard to the creation of St. Volodymyr’s Kyiv University and its role in modern Ukrainian nation-building, the formation of ideas of political resistance and free-thinking are highlighted. The work of Ukrainian lawyers, historians, philosophers who studied this problem was analyzed. The historical and legal features of Ukrainian constitutionalism, the influence of the Cyril-Methodist heritage on the germs of civil society ideas in Ukrainian political and legal thought are highlighted. The evolution of the constitutional concept of H. Andruzhsky from the ideas of the constitutional monarchy to the republican form of government is revealed. The ideas of equality before the law of the rights of citizens, the need to abolish serfdom and estate privileges, land reform in the context of giving peasants land, the introduction of political freedoms, a fair tax system for the population, the creation of an accessible general education system, the establishment of central and local press, military reform, defense of Ukrainians’ right to their language, literature, and culture in general. Considerable attention is paid to the structure of state power of the future state, especially local self-government, the community, which in the project is almost the main, basic link of the state. A solution to the problems of health care and social security is proposed. Worthy of attention in the project are the provisions that set out the requirements for candidates for management positions, in which the age, educational and residency qualifications, the absence of a criminal record and other punishments during the last three years, and the voting procedure were established. The order of coexistence with neighboring countries, first of all with Slavic countries, was envisaged. The statement that the basis of the state’s well-being is the agricultural sector is considered relevant. The essence of a citizen’s freedom, religious education at school, maintenance of the church at the expense of the community has been determined. It is emphasized that the thoughts and considerations expressed by H. Andruzky in the draft constitution were developed in the future in the process of development of Ukrainian constitutionalism and law-making. Key words: Ukraine, Cyril and Methodius brotherhood, George Andrusky, Taras Shevchenko, «Outlines of the Constitution of the Republic», Mykola I, Kyiv University of St. Volodymyr, M. Kostomarov, Hetmanship, constitutional jurisdiction, state formation, Ukrainophiles, Slavophiles, autocracy, gendarmes.

Defense strategy in post-war trials before the Supreme National Tribunal

One of the most important conditions for a "fair trial" is not only the right of every defendant to a defense, but also the diligent work of lawyers. Post-war trials before the Supreme National Tribunal took place in an extremely difficult atmosphere. The communist takeover, especially in the area of the judiciary, resulted in a departure from the principles of fair trial. However, before the NTN, accused Germans were defended by prominent pre-war attorneys who provided a guarantee that the highest standards of defense would be realized. Nevertheless, their work was extremely difficult. The course of the cruel German occupation resulted in a vengeful mood in society, with many Poles showing a lack of understanding of the need for judicial defense. Advocates, often themselves aggrieved by the German occupier, undertook defense ex officio, despite the perceived public reluctance. The article focuses on the role and strategy of the defense, particularly in terms of the mitigating circumstances presented by the attorneys, which were intended to soften sentences. The analysis presented in the text is intended to prove that the lawyers defending German defendants in trials before the NTN, fulfilled this duty in accordance with the principles of "fair trial" thereby significantly contributing to the perception of the Supreme National Tribunal as a court operating in accordance with the standards of Western civilization.

К вопросу о развитии цифровизации и ее влиянии на адвокатуру

The article examines the process of digitalization of the legal profession in modern society. The authors highlight the main innovations in the activities of the legal profession as a result of the introduction of electronic technologies. The authors consider and analyze both the positive and negative sides of the digitalization of the bar, the system of the Integrated Information System of the Bar of Russia (hereinafter — CIS AR), the features of the portal “Public Services”. The article notes that digitalization is aimed at simplified interaction between the court and the lawyer, affects the professional interaction of the lawyer with the principal, where the new “competencies” and capabilities of the lawyer will allow you to track information about the progress of the case, get acquainted with judicial acts. The authors propose changes in the field of advocacy legislation, as well as the opinion of lawyers, scientists, where it is necessary to take into account the specifics of the work of lawyers and their relationship with the principal, the court, mental state, security

Organizing the work of the smart electronic lawyer in litigation

This study showed the dimensions of introducing artificial intelligence (AI) into the judicial field through a smart, non-human electronic lawyer who performs the work of a traditional lawyer, in the absence of specialized Jordanian legislation thereof. This study has discussed the aspects supporting the existence of a smart lawyer, as well as a comparison between the work of a traditional human lawyer and a smart lawyer. Finally, it has discussed the special proposals to organize the work of the smart electronic lawyer in the law firm and before the judicial authorities. The study concluded the importance of introducing the smart lawyer to the judicial work in Jordan and relying on smart lawyer software that is capable of self-development and linking its inputs to solid legal firms that provide it with the latest legislation and judicial decisions thereof and the need for a human lawyer to play the role of supervision only. The study has also recommended establishing a legal center accredited by a judicial authority to qualify specialized lawyers and license law firms that plead before smart courts. The study has also emphasized the need for a link between the smart lawyer programs and judicial or administrative bodies such as the courts or the Companies Control Department for trade names and other related agencies due to the expected benefits thereof.

Relocation Issues of Released and Acquitted at International Criminal Courts and Tribunals

Abstract The study of the treatment of released and acquitted persons by international courts and tribunals (ICTs) has been one of the most neglected aspects of international criminal justice. The system rests on the cooperation of states with the ICTs. However, this cooperation when it exists, often ceases when the trial has ended. Regarding the objective of delivering justice, states appear to have either forgotten or refused to accept that both acquittals and the eventual release of convicted individuals are part of the process of criminal justice. Even states committed to international justice have denied protection against extradition to unsafe countries for acquitted and released persons, or declined to become host countries, grant asylum requests or take any steps to offer these former defendants and convicted persons a dignified life. This article explores the international legal frameworks applicable to the relocation of persons released or acquitted by ICTs. It specifically looks into the cases of the ad hoc tribunals and the International Criminal Court (ICC), the states parties’ general obligation under the statutes and rules to cooperate with the ICTs, and relevant principles of refugee law. The article explores some of the most recent issues relating to relocation that have shaken international criminal justice. At the International Criminal Tribunal for Rwanda, the recent striking failure to obtain the relocation of nine acquitted and released persons is examined as an emblematic and appalling example of the violation of these persons’ fundamental human rights, and the refusal of the international community to pursue justice in all its aspects. At the ICC, important issues of relocation have already arisen for acquitted and released persons, and the Court will urgently need agreements in this area. Importantly, it is necessary to recognize that, to protect the rights of these former defendants, the practical work of defence lawyers continues long after their clients’ release.

리걸테크(Legaltech) 산업화의 법적 쟁점과 공공선택의 지대추구(Rent Seeking) 제한의 중요성

For more than 2,000 years, Philosophers and scientists have been trying to find answers to how humans think intelligently. Artificial intelligence is a field of study that creates machines that mimic human intelligence, to this end, it is important to accurately grasp the mechanism of human intelligent thinking using scientific techniques. In the midst of such a process, the process of human learning ability, problem solving ability, ability to process very large amounts of changing and complex information and data, and reasoning ability has been partially identified. And, based on this information, research in cognitive science is developing around four aspects: Thinking Humanly, Thinking Rationally, Acting Humanly, and Acting Rationally.
 Research on artificial intelligence has converged into the field of legal artificial intelligence research from the perspective of research on human rationality and thinking and making decisions like humans. Furthermore, a field called Legaltech was formed. As such, as legal artificial intelligence research shows a movement to form an industrial area called Legaltech, a reaction in the existing legal area is also visible. One is the level of legal fairness regarding the use of legaltech technology, and the other is legal issues from the perspective that legaltech technology virtually replaces the work of lawyers.
 In this study, the current status of artificial intelligence and legal tech is examined in II, and the legal issues of the legaltech service and the 2021헌마 619 Constitutional Court decision are analyzed in III. Finally, in IV, the meaning and importance of rent seeking restrictions for Legaltech will be examined, and solutions to the legal issues will be sought.

Legal aid in court of first instance in civil process

In the scientific article study of issues of legal aid in the court of first instance in civil proceedings. The author of this scientific work notes that since the beginning of the third decade of the 21st century in Ukraine, significantly complicated opportunities activities of lawyers who are able to provide a special type of legal aid (professional juristic) interested persons in cases that are considered in civil proceedings.
 The work of lawyers in civil proceedings became very difficult through constant novelty in currently legislation (including national civil procedural).
 In this scientific article, the author believes that considering the circumstances that Ukraine received the status candidate in the European Union is also a major challenge about the need for improvement a number of legislative acts which are related activities of lawyers in courts of the 1st instance in civil proceedings.
 The author of this article thinks that need a solution to the problem of improvement provisions regarding the lawyer's request and its examination by the court at the level of the Civil Procedure Code of Ukraine.
 In this regard, the author propose to the Civil Procedure Code of Ukraine add a new article 951.
 It is emphasized, activity of a lawyer in civil proceedings who provides a special type of legal aid (professional legal aid) is what helps not only for clients, and for justice and civil proceedings.
 In this scientific work is described of special importance legal aid in civil process in courts of first instance. This instance of civil proceedings is primary and on it the applicant is trying protect rights for the first time.
 The author of this scientific article believes that in 2022 year legal aid in civil cases which are considered in courts of first instance got special importance. This is due to many factors.

Family Law

More than 300,000 new family law cases were filed in Texas in 2022; more than a third of those were divorces (and there were more divorces in Texas than in any other state). Tens of thousands of children live in households that are involved in family court proceedings in any given year. Family law remains one of the areas with the greatest unmet legal need—more than half of litigants are pro se in cases with enormous stakes. The work of lawyers, judges, and other professionals in this area should not be underestimated. In this Article, we will try to lighten the load somewhat by highlighting the most important family law cases during the year 2022. As the reader will see, they touch on a wide range of issues, both substantive and procedural. There is no single takeaway from this year’s case law, but the opinions illustrate the challenge of staying on top of a complex and busy area of law.

Court Awards Of Damages For Loss Of Future Earnings: An Empirical Study And An Alternative Method Of Calculation

This article examines the effect upon damages for personal injury of methods used in the United States of America to calculate loss of future earnings. The work of lawyers is examined from the perspective of labour economists. The damages calculated by using these alternative methods are compared with those actually awarded in over a hundred cases determined by courts in England and Wales. This interdisciplinary and comparative study reveals that the tort system fails to satisfy one of its main objectives in that it does not provide recipients of damages with full compensation.

Constitutional Law, Philosophy and statehood of Russia. B.S. Ebzeev. The Philosophy of Russian constitutionalism: essays

The review highlights the main topics and problems of the new monograph by B.S. Ebzeev on the constitutional process in Russia, which has been taking place over the past 30 years. The work of the famous lawyer and statesman provides a dogmatic, historical, political-ideological, sociological and philosophical analysis of the problems of Russian statehood in connection with the Constitution of the Russian Federation of 1993. The book proves that the Constitution of the Russian Federation, with all its shortcomings, made it possible to prevent civil confrontation, get out of the most severe political crisis and preserve Russia as a sovereign state.

ЮРИДИЧНА ДІЯЛЬНІСТЬ ЯК РІЗНОВИД ПРАВОВОЇ РОБОТИ

The article is devoted to the study of the legal activities of the legal support units of state bodies, in particular the bodies of the state tax service, taking into account a certain retrospect. The article contains references and citations of scientists whose research subjects were legal work, the activities of the legal service and legal support in the state tax service bodies. The article stated that in the organization of the activities of any enterprise or organization there are always functional divisions that ensure the performance of statutory tasks and functions, and those that provide, which, in particular, include legal. As a result of the analysis of the relations between the administration of the enterprise and the institution of the organization, the article proposes models of such interaction with various entities that provide legal assistance. Among the correlation of such categories as "legal work" and "legal activity", the research found its place and generalization of the principles of legal activity. Scientists research allows us to claim that the specificity of a lawyer's activity contains law enforcement activity of employees of other services and depends on the body`s level whose legal side of activity they provide. As a result of the analysis of the work of lawyers and scientists, it was concluded that legal work is an organizational process that ensures the correct and effective implementation of current legislation at every stage of both economic activity and state administration. The proposed work contains different definitions and understandings of the term "legal activity", that indicates the multiplicity of approaches to the definition of the considered category. The work proposes a structure of legal activity, which is formed by subjects, objects, legally significant actions and events. The analysis of practical activities in the bodies of the state tax service allows us to conclude that activities with the application of legal norms concern not only legal divisions, but all structural ones, including functional ones.

VISUALIZATION OF INDEPENDENT WORK OF LAW STUDENTS IN THE CONDITIONS OF BLENDED LEARNING

The article considers blended learning as an innovative pedagogical approach, a tool for fundamental rethinking of the traditional learning model, which combines the effectiveness and opportunities of face-to-face interaction with enhanced opportunities for active online learning in a virtual environment. Emphasis is placed on the need to consider and rethink the problem of visualizing the results of independent work of future lawyers. The article characterizes the requirements for the presentation of tasks performed during independent work in legal disciplines, developed an algorithm for creating presentations, which consists of the following stages: determining the purpose of the presentation (reflection of the purpose of the didactic task); collection and analysis of material (students' study of recommended information sources); development of the concept and structure of the presentation, its visualization; filling slides; text and graphic optimization; design and layout; viewing and testing the presentation; save in the appropriate format; launch presentation. The author gives an example of visualization of independent work of law students in the conditions of blended learning during the implementation of educational practice in labor law.

The Digital Transformation of Legal Industry: Management Challenges and Technological Opportunities

Abstract The impact of technology on individual economic sectors has also reached the service industry. This article offers a discussion on the influence of information technologies (IT) and changes taking place as a result of the legal services market digital transformation. Thanks to the results of the qualitative study (questionnaire survey a technique of data collection) involving 451 respondents (attorneys and legal counsels) in Poland, it was possible to analyse t lawyers’ attitudes towards particular IT tools and systems as well as the changes taking place in the field of legal services, the business models applied thus far and innovation factors. The gained knowledge shows the current level of technology use in the daily work of lawyers and their attitude towards changes induced by omnipresent digitalization. The results offer vast opportunities for using the knowledge so acquired at academic and business levels, especially by providers of IT solutions for legal professionals.

An interview with an inspiring lawyer who is pursuing “smart justice”

This interview describes the hard work of a criminal lawyer, Iain Smith, working in Glasgow, Scotland who has been campaigning to make sure that offenders who have a history of adverse childhood experiences (ACEs) are given “smart justice” rather than ineffective and often punitive sentences by judges which lead to recividism and ruined lives.

Strategic litigation against torture: Why domestic courts matter.

Strategic human rights litigation is often associated with filing cases before in-ternational and regional courts and treaty bodies. This article examines ways in which significant advances in protecting the rights of victims of torture and similar crimes can be achieved through domestic courts, even in countries with limited respect for the rule of l aw. This article does not cover universal jurisdiction or transnational cases, but rather focuses on how domestic courts can be used to address torture that takes place in the same country. It is not a review of global practice; rather, it is based on observations drawn from the author's personal experience of over 25 years of strategic litigation and ad-vocacy against torture; lessons learned from the work of partner organizations and lawyers from around the world; and the results of three research projects commissioned by the Open Society Justice Initiative (OSJI): one on the impact of strategic litigation on torture in custody in Argentina, Kenya, and Turkey (OSJI, 2017); another on how do-mestic courts in Latin America handle repa-rations for torture and similar human rights violations (Garcia Garcia, Fierro Ferráez, and Lisitsyna, 2019); and a third on strategic liti-gation against torture in Asia (Bokhari, 2020). While acknowledging continued challenges, the author demonstrates that do-mestic courts are often better placed than their international counterparts to address several aspects of human rights litigation and protection of victims' rights and in some cir-cumstances can have broader impact.

ESP как средство формирования универсальных и профессиональных компетенций будущих юристов

At the time of increasing globalization and international integration, specialists in various professional spheres face new challenges of modern society which relate to the introduction of new technologies, the search for modern approaches to solving professional problems, as well as the urgent need for an effective exchange of professional information with colleagues from foreign countries. Therefore, it is very important for a professional to speak English fluently and be able to use the language in a professional context. The analysis of pedagogical research, as well as the study of the students’ needs allows us to conclude that it is necessary to use modern approaches of teaching a foreign language, taking into account students’ future profession. This paper discusses the experience of teaching ESP in a non-linguistic university based on the course for law students prepared by the professors of Petrozavodsk State University. The communicative and personality-oriented approaches fundamentally form the basis for this course. It contains texts and exercises connected with students’ future profession. It enables teachers to successfully involve students in collaborative activities in foreign language classes, which makes it possible to increase their motivation for the subject, and also contributes to universal and professional competencies development necessary for the successful work of a competitive lawyer.