Legal prowess: Personal Passion. Legal Prowess. Real Results.
Personal Passion. Legal Prowess. Real Results.
The US military’s discriminatory uniform and grooming policies forced observant Sikhs to deny their articles of faith (unshorn hair, beards, and turbans) before they could join the ranks.
Secure religious accommodations for a number of individual Sikh soldiers with the goal of ultimately changing the US military’s policy to ensure that observant Sikh service members would no longer be forced to choose between their faith and their desire to serve their country.
After years of steady advocacy and a number of individual religious accommodations, McDermott’s team was able to claim victory when in January 2017 the US Army finally issued updated rules governing religious liberty that significantly improve the standards for Sikhs and other religious minorities looking to serve their country with their religious articles of faith intact. The Army’s new rules represented the most significant step forward for religious accommodation in the US Armed Forces in over 30 years.
Signed by the Secretary of the Army, the new rules streamlined the religious accommodations process and require the Army to grant accommodations for sincerely held religious beliefs—including unshorn beards, unshorn hair, and turbans for Sikhs—unless the Army identifies a “concrete hazard” that cannot be mitigated by reasonable measures. The new rules also require the Army to accommodate Muslim hijabs and other faith practices. Accommodations must now be granted across all duty positions except in certain limited circumstances. While the Army has further updated its rules in recent months, the January 2017 policy change opened the door to dozens of observant Sikhs and other religious minorities having the opportunity to serve their country.
Indeed, over 20 of McDermott’s Sikh clients have now received religious accommodations, including the first two observant Sikhs in US history to attend the US Military Academy at West Point. The Army’s new policy was put to the test when these two clients were granted landmark religious accommodations allowing them to attend this hallowed American military training institution.
McDermott and its pro bono partner, The Sikh Coalition, embarked on an innovative campaign to convince the nation’s largest employer (aka: the US military) to embrace religious freedom and diversity in 2009.
While looking at other countries around the world, it became clear that the US was behind the curve in terms of accommodating religious minorities in the military. Hundreds of Sikhs serve with turbans and beards in the military of the United Kingdom, and tens of thousands of Sikhs serve freely in the Indian armed forces. Also, in Canada an observant Sikh served as the country’s Minister of Defense.
Our campaign looked to these other nations while also forcing the leaders of our own nation to reflect on the history of the US military and how far it has evolved in terms of diversity. From the integration of African American soldiers to ending “Don’t Ask Don’t Tell” – the US military has consistently served as a guiding force for acceptance and inclusion.
In a strategic move, the team resisted running to the steps of the courthouse after realizing that, in this particular battle, lawsuits were not (initially) the most effective way to go about achieving systemic change. Instead, we relied on patience and perseverance and undertook a multi-year effort involving Congressional testimony, lobbying, and gathering letters of support from US officials.
In fact, McDermott was an integral part of the Sikh Coalition’s effort that led 27 retired Generals to call on the DoD to eliminate the ban on observant Sikhs. These generals joined 105 Representatives, 15 Senators, and 21 national interfaith and civil rights organizations who previously had signed letters in support of Sikh Americans’ right to serve.
But then, in an unavoidable situation in 2016, McDermott—along with pro bono partners at The Sikh Coalition and Becket Fund for Religious Liberty—filed two federal lawsuits against the US Department of Defense on behalf of four observant Sikh American soldiers. Shortly after the suits were filed, the US Army granted religious accommodations to all four soldiers allowing them to serve their country while maintaining their religious articles of faith, including turbans, unshorn hair, and beards.
Years of steady advocacy and successful test cases eventually resulted in the US Army issuing a meaningful policy change that significantly improved the standards for Sikhs and other religious minorities and represent the most significant step forward for religious accommodation in the US Armed Forces in over 30 years.
The policy change was reflected in a memorandum from the Secretary of the Army dated January 3, 2017. Our underlying campaign to break down similar barriers in other branches of the US military is ongoing.
Visit our Pro Bono page to learn more about our commitment.
Attorney Lyann Goudie, known for legal prowess, to be called ‘your honor’
TAMPA — Lyann Goudie had a moment at the end of a recent trial that was the stuff of TV courtroom dramas.
The defendant was Michael Keetley, accused in a 2010 shooting spree the state theorized was mistaken revenge for the robbery of the ice cream truck he drove for a living. Two men were dead, four others wounded. Goudie had championed his case for nine long years, picking away at inconsistencies in ballistics, eyewitness accounts and other evidence.
In February, at last, came the end of his three-week trial. A veteran prosecutor gave only a brief closing argument, strategically reserving the bulk of his final words to the jury to rebut whatever Goudie would say.
But she said nothing.
Goudie told the judge she would not give a closing argument, leaving the state with nothing to rebut, and effectively ending the trial right there.
The jury was unable to agree on a verdict, an outcome that could be viewed as a victory for the defense.
Goudie, 60, silver-haired and stylish, is a passionate force in the courtroom, looking at jurors intently with electric blue eyes. In 30 years, she has been both prosecutor and defense attorney, handling some of the Tampa Bay area’s most noteworthy cases.
A racketeering case involving more than 50 defendants and allegations of gang activity. A mother accused of killing her child. A man who spent three decades on death row before walking free into Goudie’s embrace.
Next, people will call her “your honor.”
Goudie announced a run for circuit judge last year, and when the deadline to qualify came in April, had no opposition. That’s widely seen as a sign of the respect she carries in the local legal community.
“It’s still kind of surreal to me,” she said.
Even in a town where people of Latin descent dominate the Bar, there is talk that Goudie might be the first Cuban-born immigrant to take the bench.
She was the second youngest of eight children, born to an English mother and a Cuban father. Her father was a lieutenant colonel in the Cuban military, twice incarcerated by the Fidel Castro regime. The family came to Miami in 1960.
There were inklings of the lawyer to come.
As her elementary school’s safety patrol officer, she once arrested her younger brother for jaywalking, spurring her parents’ rebuke.
Her response: “He violated the rules. Do you want him to jaywalk and get hit by a car? Don’t you want him to learn that lesson?”
She had a point.
She put herself through school selling electronics and stereos on commission for department stores. She earned undergraduate and law degrees from the University of Miami, thinking she would be a corporate lawyer.
But at the Miami-Dade State Attorney’s Office, she embraced criminal law. Her boss was the late Janet Reno, who later served as U.S. Attorney General for President Bill Clinton. Reno taught her to look at every case not as a number and a file, but a person.
“I think she had great potential,” Reno once said of Goudie. “She was a good lawyer and she learned quickly.”
Goudie tried being mild-mannered in the courtroom, like a female prosecutor she admired. But a judge told her that wasn’t her style. Thus came the direct, aggressive jurisprudence that has become her signature.Lyann Goudie, then a prosecutor with the Hillsborough State Attorney’s Office, argues during a 1997 murder trial in Tampa. [ TIMES | (1997)] ]
She honed her skills as a prosecutor in Brooklyn. She remembers bad 1960’s architecture, chicken-wire windows, lawyers packed in small cubicles, rotary phones and a lot of violent crime She won 80 percent of her cases.
A relationship brought her to Tampa in 1993, where she quickly rose in the ranks at the Hillsborough State Attorney’s Office. As a senior-level homicide prosecutor, she earned a reputation for toughness.
“Lyann’s potential is unlimited,” her bosses wrote in a performance evaluation. “An excellent trial attorney … tells it like it is and does not hold back.”
So it was stunning when, in 1997, she got fired.
The late State Attorney Harry Lee Coe gave little explanation. He even publicly denied that she’d been let go. Goudie said otherwise. She was devastated. Now she considers it a blessing.
She got called to the chambers of Judge Diana Allen, who encouraged her to do criminal defense. Some courthouse regulars wondered if Goudie could muster the same passion and intensity on the other side.
Allen appointed her to represent Deandre Williams, accused in a West Tampa shooting. Goudie pointed out discrepancies in the evidence and emphasized differences in how Williams looked compared to how witnesses described the gunman. A jury took less than 10 minutes to find him not guilty, her first verdict as a defense lawyer.
She later went to work for Public Defender Julianne Holt, defending high-profile homicide cases.
In 2001, she entered private practice with Tampa attorney Rick Escobar’s firm. The pair, both known for their aggressive styles, had battled each other from opposite sides of the courtroom when Goudie was a prosecutor. Escobar came to think of her like a sister.
“She was tough, she was tenacious,” he said. “But most importantly, she was honest and straightforward and didn’t have an agenda. She’s very matter-of-fact. She’s going to tell you what she thinks. She’s always been that way.”
Two years later, she joined the storied firm of the late Barry Cohen, where some of the area’s most talented legal minds worked. She had a hand in the case of Jennifer Porter, a young woman who avoided prison time for a hit-and-run accident in which two children died.
She also took on the case of Kristina Gaime, a Pasco County mother who once faced life in prison in the killing of one of her young sons and the attempted killing of another. Gaime eventually pleaded guilty to lesser charges and served 20 years in prison.
Goudie established her own firm in 2006 with her partner in law and in love, Kim Kohn. This gave Goudie the luxury of choosing which cases to tackle. She gravitates toward the ones that look daunting. Her style is to root out the weak spots in the government’s evidence and use it as leverage.
She represented a woman who’d been shot in the head and sued the apartment complex where it happened. A jury awarded damages of $16.4 million.
There was the Latin Kings gang case, a complex racketeering action that ensnared 52 defendants. The case later shrank to 28 defendants. Goudie convinced a judge that they were forced to attend a gang meeting under the threat of violence and that merely showing up did not constitute a crime. The judge ended up dismissing racketeering and conspiracy charges against all of them.
Recently, there was Paul Hildwin, who spent almost 30 years on death row for the murder of a Hernando County woman before new evidence pointed to a different man. Goudie steered the case through its final years and was there when Hildwin walked out of jail and put his bare feet on grass for the first time in decades.
Goudie says she’s her own biggest critic.
“I have never won a case where I sat back and went ‘wow, I really did great,’” she said.
She says she won’t serve more than two six-year terms as a judge. She embraces the transition from advocating for the state or the accused to looking strictly at what the law says.
“I’m beyond flattered,” she said of her automatic election win. “But more than that, it kind of makes me feel like all the work I’ve always put into practicing law and how I represent clients was noticed by other people.”
Van Jones Gushing Over Kim Kardashian’s Legal Prowess Raises Some Very Important Questions
Ever since Kim Kardashian split with husband Kanye West, rumors have continued to circle back to the possibility that the reality star is dating CNN political contributor Van Jones. The TV pundit certainly didn’t squash any of those stories after his recent appearance on The Ellen DeGeneres Show, where he profusely praised her about her legal prowess.
He started by explaining to DeGeneres why the Skims founder wanted to pursue a career in law because “she has used her platform to help people behind bars” and of course, “her dad was a lawyer. ” But then he began to lay it on really thick, which makes us wonder if he’s just mentoring her or if there’s something more going on behind the scenes?
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“And so she decided once she got a taste of what she could do using her platform, using her brain — she hasn’t let up,” he continued. “So I think she’s going to be an unbelievable attorney and she’s already I think one of the best advocates that we have in criminal justice.” Jones certainly would know about her work ethic since she apprenticed with him and makes an appearance in his documentary, The First Step, about criminal justice reform. So it could easily be a friendly working relationship, but with her current single status, Jones could be a great romantic partner given their mutual interests.
Click here to read the full article.
The original dating rumors heated up in January amid the divorce announcement from West, but then Twitter jumped into the fray in April by weighing in on the legal love-match possibility. “Van Jones is a good choice. A smart stable guy. He’s a good guy and he has his own money,” one account chimed in. “You would make a nice couple.” But according to momager Kris Jenner, her daughter’s passion right now is strictly for the books. “Kim is really focusing on her legal studies,” she said on Today With Hoda & Jenna in April. “She’s trying to pass the bar and so, she does that every day.”
Kardashian is taking a nontraditional path to become a lawyer without attending law school — an unusual process only allowed in the state of California. By apprenticing under the guidance of a legal team and by taking a baby bar exam after her first year of studies, she can continue moving forward to taking the full bar exam. From the Keeping Up with the Kardashians’ final season, we know she’s already taken the baby bar exam, but they are keeping us in suspense as to whether she passed.
Given the level of support offered by Jones, it’s likely that she passed with flying colors and is taking those next steps to follow in her dad’s footsteps. Jones has been a great mentor for her along the journey, but they are going to keep us guessing if there’s a romantic side to this legal pairing.
Before you go, click here to see celebrities who have run for office.
Cynthia Nixon, Kanye West
Launch Gallery: 40 Ways Kim Kardashian Has Completely Transformed Her Life
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An injunction application at a political junction; legal prowess or ‘poor worst’
On January 5, 2021, the Wenchi high court ruled against an injunction application filed by the lawyers of the National Democratic Congress (NDC) to stop Mr Martin Agyei-Mensah Korsah from being sworn in as the elected member of parliament for the Techiman South constituency. The NDC’s injunction application was occasioned by their alleged claims among other things, that there was no collation of results at the Techiman South constituency and hence, there couldn’t have been a declaration of a winner for the parliamentary seat in the constituency.
Well, we are all familiar with the story of Techiman South and the different media narratives as to what really happened on that day. However, one significant fact we do know is that the National Democratic Congress did ask for the collation of the results for the Techiman South constituency because they believe from their narrative that such an important election exercise as required by law was calculatedly skipped. They, however, requested that if collation was indeed done as claimed by the Electoral Commission, then evidence of the collated results and the declaration sheet should be made public as required by C.I 127 which is the law that regulates the conduct of the elections.
The NDC did not stop there but went ahead to adopt the concordist approach of argument by positing that if they were to grant without admitting that, the EC in fact did do collation, then they (NDC) are invoking a clause in the C. I 127 that allows them to put in a request for a recollation. This call was also blatantly ignored by the electoral commission despite the commission’s own law, the C. I 127 permitting such a legitimate demand should any of the competing parties in the election feel aggrieved and make such a request.
To the surprise of many, the commission rather granted a similar request put in by the NDC’S opponent, the New Patriotic Party (NPP) to have the tally of the Banda constituency election for the parliamentary results collated despite the already published evidence of collation and declaration at that constituency. The shocking application of two different sets of laws for two political parties in the same republic triggered some scathing remarks about the EC relinquishing public trust and confidence in them especially when the commission is mandated by the constitution of Ghana to be fair at all times and to all competing parties.
I have always loved the law and admire the legal profession for its luminary prowess of fencing justice for all. Inasmuch as I wished I had the requisite requirements and qualification to practice law, I also do not wean my interest in the law and sharing my layman’s understanding of what I call “common law from common sense to the common man”. With such an enthusiastic character in law, I do not in any way for once presume or sought to assume a perfect understanding and interpretation of the law. However, I think I greatly reserve the onus right to question the decision of the NDC legal team to file for an injunction to restrict the recognition of Mr Agyei-Mensah Korsah as MP-elect rather than submitting a writ to pray the court to compel the EC to grant the NDC’S request for a recollation of the Techiman South parliamentary results as the NDC is entitled to under the law, C. 127.
Such a request for a recollation in my shallow understanding of the law would have been grounded in law and, perhaps, too glaring to be ignored or quashed by the court. Already, the NDC won the court of public opinion by politically making their case through a PowerPoint presentation of their own purported independent collated results and showing evidence of their pink sheets to the media. I read the comments from two respected journalists in Ghana, Umaru Sanda of Citi news and Samson Lardi Anyenini of Joynews that sought to suggest that until the EC proof otherwise, they back the NDC’S claim that they may have won the Techiman South seat but were swindled.
I still can not fathom, maybe there is some legal impossibility somewhere I am not aware of, why the NDC did not push for a recollation writ instead of the injunction request. Arguing for a recollation by “logic” and merits of such a demand will take the court less time to make a determination, especially when independent public opinion does appear to favour the NDC’S course. Why would the legal team of the NDC put in an injunction request knowing too well that such a request may be too costly to be granted by any judge considering the law’s dislike for denying constituents a representation in parliament for some unweighty reasons? Again, the current political junction we found ourselves in the 8th parliament with two splitting paths without a clear majority, any vote is an elephant vote to make a serious decision of electing the third in line to the presidency and such a political fringe will make any Judge look at such a case with some fettered considerations knowing the political ramifications involved.
I think the action of the NDC lawyers may be a legal flop, poor and worst (poor worst) instead of prowess. Their decision to file an injunction may be an itchy mounted sharp arrow that was miscalculated, mistargeted and misfired. Intriguingly so, because the leadership of the NDC party has consistently alleged that they suspect the EC is refusing to do their job at Techiman South because they (EC) may want to favour the NPP to elect the speaker of parliament after which the right thing or the so-called planned error at Techiman South would be corrected.
I find this position by the leadership of the NDC ridiculous and nebulous in the sense that if the EC is really bent on favouring their opponent, the NPP then off course they won’t “foolishly ” reverse the favour after the speaker of parliament is elected. They will certainly avoid such a fatal reversal of favour so they are not caught pants down by watchers who have long suspected an EC-NPP honeymoon relationship.
The lawyers and leaders of the NDC purportedly claiming to have hatched the plot of using the Techiman South as a safe haven seat to get the speaker to the NPP’S side, should have known that anything but compelling the EC to grant the recollation request would be fiercely fought to the teeth using legal bureaucracies and delay tactics. Maybe a lawyer reading this opinion should review my thoughts.
I’m shocked !!
SLOW DAKOTA EXAMINES THE FUTURE USING FOLKLORE AND LEGAL PROWESS ON “COMING TO THE NUISANCE” SINGLE — Sideways
LISTEN TO “COMING TO THE NUISANCE” : HERE
“ In contrast with the space-y, almost post-rock sound of the song, Sauerteig’s vocals have a certain early 00s indie feel to them, think Ben Gibbard as a reference point. ” – MXDWN
Slow Dakota the project from Chicago (by way of New York and Indiana) based songwriter and label owner Paul Sauerteig has released, “Coming to the Nuisance,” the second single off his upcoming album Tornado Mass for Voice & Synthesizer due out May 1 on Massif Records.
Slow Dakota mastermind Paul Sauerteig, who is a practicing lawyer, was in law school while writing this album was naturally super inspired by his surroundings….the law. “Coming to the Nuisance” is an old legal maxim that means, if you know someone is loud and obnoxious and messy, you can’t move in next door and then sue them for being a loud and obnoxious and messy neighbor. You’ve “come” to the nuisance, and that’s your fault because you knew better. “A song I wrote years ago, and a release date planned months ago – it’s a strange coincidence to release ‘Coming to the Nuisance’ right now, in our current and collective state of crisis,” Sauerteig told MXDWN . “After all, the song is about trying to prepare for a looming, mass disaster. Battening down the hatches. I had global warming in mind, but COVID-19 has stolen the show, I suppose. The song’s narrator is preparing for a disaster that he knows is coming, but no one around him takes it seriously – not even friends and neighbors. I had Noah in mind, from the old story of Noah’s Arc. He was shrugged off by his community, and no one wanted to wrap their heads around the “flood” he was warning them about. I think a lot of people feel like Noah today, for a lot of different reasons, in the bated breath before a lot of different floods.”
The name Slow Dakota comes from Sauerteig’s great grandfather who spent final years in and out of hospitals and the occasional psychiatric institute. As his mental health started to deteriorate he began writing letters to The President of the United States, and would always sign them “Yours, Slow Dakota.,” although having no relation to North or South Dakota. During one family visit to the hospital when Sauerteig was only 5 or 6, his great grandfather slipped him one of these letters and asked him to deliver it. The letter was addressed to President Lincoln. So, years later, when Sauerteig began releasing music, Slow Dakota felt like an appropriate pen name. Long letters to no one.
Sauerteig’s music is known for blending baroque pop, folk, classical, and electronic influences like Vangelis and Sufjan Stevens. Sauerteig often employs “spoken word” interludes, and his lyrics fixate on myth, rural folklore, and fairy tale. In 2016, he was nominated for a Pushcart Prize. Sauerteig began releasing music as Slow Dakota from his Columbia University dorm room in 2012. As an undergraduate, Sauerteig pursued Creative Writing and Psychology, and quietly released his first few albums: Our Indian Boy (2012), Bürstner and the Baby (2013), and The Junior EP (2015). While at Columbia, Sauerteig also founded a small record label, Massif Records, to release his own music, and the music of close friends – including the lovely Margaux. Sauerteig spent two years recording in various cities and tapped longtime producer, Sahil Ansari, and legendary mastering engineer, Greg Calbi for Tornado for Voice and Synthesizer. The album, which will be the fourth Slow Dakota full-length album, will be released on Sauerteig’s own label Massif Records this spring.
PR MATERIALS: http://smarturl.it/SlowDakotaPR
MASSIF RECORDS: http://www.slowdakota.com/massifrecords
Full-service Law Firm Media, Delaware County, Montgomery County, Philadelphia PA
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Raffaele Puppio is a multi-practice law firm based in Media, Delaware County, Pennsylvania. One of the largest and most established full-service law firms in Delaware County, Pa., our attorneys are known for their legal prowess among the bench and bar. Founded on a rich tradition of public service and professional excellence, Raffaele Puppio’s lawyers have tried cases in Delaware County, Montgomery County, Philadelphia, and other areas of Pennsylvania in Municipal, Common Pleas and Federal courts and have presented oral arguments before the Supreme Court of Pennsylvania.
Kathleen Piperno of Raffaele Puppio Addresses Estate Planning Council of Delaware
Kathleen Piperno, a partner in the Delaware County law firm Raffaele Puppio, presented on estate planning for divorce at the Estate Planning Council of Delaware’s Feb. 5 dinner at Wilmington, Delaware’s Hotel Dupont. Read More…
Konstantinos Patsiopoulos of Raffaele Puppio to Address Students at Bloomsburg University
Delaware County special education attorney Konstantinos Patsiopoulos, of Raffaele Puppio, will join a panel of business leaders at Bloomsburg University’s Career Intensive Bootcamp to discuss graduate school options for students. The session will provide attendees with information about graduate school, the graduate school process, and information that can help them determine whether graduate school is the next best step. Read More…
Tracey Waldmann featured in PivotToday for Delaware County Leadership
Tracey Waldmann, Of Counsel with Media-based Raffaele Puppio and who’s practice focuses on school districts, charter schools, private schools and intermediate units in special education matters, talks with PIVOT Today about growing up in Philadelphia, and her favorite places to visit in Delaware County. Read More…
FROM THE BLOG
Should Free Appropriate Public Education Be Extended to All Students?
March 20, 2019
Disabled students enjoy rights under the federal Individuals with Disabilities Education Act (IDEA) to receive a free appropriate public education (FAPE). Recently, in Endrew F. v. Douglas County School District, the Supreme Court ruled that trivial or insignificant progress is insufficient to provide FAPE under the IDEA. Under the IDEA, school districts must provide an… Read More…
Know Thy Trust: A Plain English Guide to Orchestrating Assets in Divorce Cases
March 13, 2019
Living trusts and testamentary trusts are an essential part of a complete estate plan, but they can be challenging to set up and difficult to understand how they work. Trusts in divorce cases must be especially scrutinized, along with other estate documents, to help avoid any bad situations. Published by the American Bar Association, “Know… Read More…
Protection from Abuse…and Harassment
March 7, 2019
It is the day before Thanksgiving, November 22, 2017. You are standing in open court seeking a Protection From Abuse (PFA) order against the shackled person in an orange jumpsuit accused of physically abusing you for years and charged with simple assault, intimidation of a witness, stalking, and harassment. The judge presiding over your case… Read More…
Herbert S. Cohen Esq. | Boston Business Litigation Lawyers The Cohen Law Group
Herbert S. Cohen is the founder and principal of the Cohen Law Group. With over 65 years of legal experience, Attorney Cohen has represented countless clients in relatively all areas of the law both domestic and abroad. His dilligent approach coupled with his engaging demeanor has served his clients well over his many years of practice. Attorney Cohen’s success and legal prowess have caused him to be well-established in Boston’s legal community.
Attorney Cohen focuses his practice on business formations, business litigation, real estate law, and domestic and international civil litigation and arbitration. His trial experience is extensive having sucessfully tried numerous cases in Massachusetts and other jurisdictions throughout the world.
He has served as a Lecturer for Mayor’s Housing Task Force, Newark New Jersey, and Boston Building Trade Council “Construction Industry Start Ups”. Attorney Cohen was General Counsel for Freedom House, Inc. for over 20 years and helped establish Boston’s International High School. He was a member of a Board of Directors sponsored by the Harvard University John F. Kennedy School of Government Institute for Social and Economic Policy in the Middle East. Attorney Cohen served as the Chairman of the Umpires at the Head of the Charles Regatta for several years.
Attorney Cohen is a graduate of Brown University and has served as President of his class. He is a graduate of Columbia University Law School. Attorney Cohen is admitted to practice in Massachusetts, and the United States District Court for the District of Massachusetts. During the summer months, Herbert enjoys playing EMASS softball.Education
J.D., Columbia University Law School
Jurisdictions Admitted to Practice Massachusetts
United States District Court for the District of Massachusetts
Professional excellence and its structure. Rule of law and order enforcement places high demands on the professional skills of legal staff, and these are constantly increasing. The formation of professional skills is one of the most important tasks in the training of a specialist, and its solution determines the main content and methods of his professional training.
Professional skill, as a specific side of the preparedness of a specialist-personality for professional activity, is a high degree of his professional training, which allows him to competently solve professional problems.
A lawyer is a specialist in the field of jurisprudence, legal work and the main thing in it – the conduct of legal affairs, i.e. life cases acting as separate, independent subjects of legal consideration (crimes, civil disputes, conflicts and other cases that require assessment, consideration and solution in accordance with the rules of law). His skill as a specialist, as a person professionally experienced in legal affairs, consists of
Fig. 4.5. The psychological structure of the professional skill of a lawyer
Special legal training of a lawyer, his knowledge. It is associated with the presence in him, as a specialist, of a set of relevant professional knowledge, skills and abilities.
Professional knowledge is professionally important information that has become the property of the consciousness (including memory) of a specialist. In the psyche, they are represented in the form of images of objects and phenomena fixed in memory, terms, concepts, categories and their systems (theories, scientific teachings, content of academic disciplines, professional concepts, information, documents, recommendations, instructions, etc.). Based on knowledge, a professional understands life, the legal sphere, the situation, plans the solution of the tasks facing him, thinks over the ways of performing official functions, studies the problems that arise, outlines the goals and objectives of their solution, prepares solutions, chooses ways of action, controls and evaluates his behavior …The deeper and more thoroughly he understands all this, the higher his professionalism, the more successful his work. In situations of confrontation, the fight against a criminal, the specialist wins if he knows more, understands more deeply all aspects and their subtleties.
Trends in changes in the field of law and order, the expansion and complication of the tasks facing the employees of legal bodies, increased requirements for the effectiveness of their activities with strict observance of the rule of law and respect for the rights of citizens increase the role of professional knowledge.Not only the role of knowledge has changed, but also the requirements for its versatility, thoroughness, content, depth. We need fundamental, scientific, comprehensive, relevant and practical knowledge. Therefore, the formation of knowledge is the initial task in the training of a specialist and the formation of his skills.
A lawyer is a person who has professionally mastered legal knowledge. Professionally means on a strictly scientific basis, comprehensively, deeply, consciously, with conviction, firmly.A specialist needs to master fundamental and specialized applied knowledge. Fundamental knowledge – general, systemic, detailed, deep knowledge in the field of law, its basic laws, mechanisms, provisions and related areas. They form the basis of vocational education, provide a vision of wide and distant horizons of their professional activities, the ability to proceed always not from narrowly professional, \ from state interests, to carry out a comprehensively weighed, meaningful, integrated approach to solving problems.
Specialized professional knowledge has a direct applied value. This is knowledge in a specific area of law enforcement, providing meaningful performance of professional actions and solving problems.
Modern requirements contained in the new laws on education in Russia oblige to harmoniously combine the formation of fundamental and specialized knowledge among students, not to allow the former to fall below the level provided for by state educational standards, not to reduce training to professional training, but not to allow the opposite extreme – naked abstractness of learning, its isolation from life.
Professional skills. No matter how important knowledge is, a professional is, first of all, a person who knows how to act professionally and get practical results. The psychological components of mastery that ensure this are professional skills and abilities. Professional skill is an automated way of performing an action that makes the latter effective . Properties of skills: speed, accuracy, efficiency (execution with the minimum possible effort and energy expenditure), mechanicalness (execution without focusing on the technique of actions), stereotype (the same execution during repetitions), conservatism (difficulty of change), reliability (counteraction to destructive factors – interruptions in performance, interference, negative mental states of a specialist), success.
Skills are automated components of conscious activity. They free the consciousness of a specialist from rough work, i.e. from remembering various information, techniques, recommendations of what and how to do, from controlling the movements of the arms and legs, from thinking about the observance of the simplest rules. They allow you to automatically perform actions worked out before the skill, and at the same time focus on something else, no less important: observing the situation, the interlocutor, evaluating them, thinking about ways to overcome difficulties, ways to achieve a better result, etc.It would be wrong, however, to call skills unconscious. They always act as ways of consciously carried out activities and are always on the periphery of the consciousness that keeps them under control. A convincing confirmation of this is the fact of instant active connection of consciousness, when the implementation of a skill encounters some difficulty, a violation of its stereotypical performance. Skills allow you to act successfully in a difficult environment when there is no time for reflection and you need to withstand its tests, save energy and maintain high performance.
The physiological basis of skills is formed by the consolidated systems of conditioned reflex neural connections (functional systems, dynamic stereotypes). The latter are formed as a result of repeated repetition of the same actions. At the same time, sensations, perceptions, processes of memory, attention, representations, imagination, thinking are repeated, and not only muscle, physiological processes. The transitions from one element of action to another, the processes of programming, comprehension, control, assessment, regulation of actions are gradually simplified, facilitated, and reduced.As a result, a psychological culture of a skill develops in the form of a well-thought-out “mental picture” of an action, consisting of a system of images, ideas and verbal-cogitative, logical connections, in all details and variants. The skill is based on physiological and psychological systems, interconnected. What we observe in the form of quick, precise and at the same time effortlessly performed movements and actions of an experienced specialist is only an external expression of the existing “internal scheme of a skill” its inner content.
In the “internal scheme” of the skill, the components and connections of the “input” are distinguished – sensory (sensations and perceptions that provide quick and subtle capturing of important changes for the performance of the action in the environment, the technique used, the work of other employees, their own hands, legs, body, etc. ), “Center” – mental and “exit” – motor. Their share in different skills is not the same. Depending on the predominance of some type of connections, there are skills sensory (sensations and perceptions), mental and motor skills. An example of professional sensory skills of a law enforcement officer can be observation skills, document checking, examination; estimation of distances, sizes of objects; identification of a person by identification; detection (by sight, hearing, smell, etc.) subtle, but professionally important signs; identifying and assessing the mental state of the interlocutor, distinguishing between the intonations of his voice and the expression of his eyes; timely detection of the detainee’s hidden preparations for some actions, etc.p. Gesturing by a traffic controller, confident execution of techniques for arresting a criminal or self-defense, manipulating vehicle controls, handling equipment in an investigative suitcase, moving hands when searching a person, quickly pulling a pistol out of a holster, etc. are professional motor skills. Skills of working with documents, their execution and filling in accordance with the standard, reading a map, quick assessment of the situation, intuitive decisions, quick calculations, self-control, compliance with certain norms and provisions of instructions (procedural sequence of interrogation, inspection of the scene according to a certain pattern – a diverging or converging spiral, from right to left or vice versa, etc.) – examples of professional mental actions. Quite often complex professional skills containing signs of sensory, motor and mental skills in different proportions: speech skills, communication skills, emergency response skills in road traffic, skills of checking identity documents of citizens, shooting a pistol, work on a personal computer, etc.
Qualitative changes in professional skills in modern conditions are expressed in an increase in the proportion of connections “entry” and especially “zeytra”.Outwardly simple and often not requiring special development of movements and actions (pressing a button, filling out the protocol, observing the interlocutor’s face, walking down the street, inspecting the scene, interrogation, etc.) hides a complex cognitive, strong-willed and emotionally saturated internal activity … However, for individual specialists (engaged in the fight against organized crime, solving the tasks of neutralizing terrorists, armed criminals, etc.), the requirements for motor skills have also sharply increased – a variety of methods of power struggle against criminals, their suppression and detention.The change in the psychological characteristics of many professional skills of lawyers, various specialists of law enforcement agencies made higher demands on the methodology of their formation and the full-fledged development of all properties of skills.
In terms of content and functionality, the skills of a specialist are very diverse: skills in working with documents, skills in working with communication facilities, skills in using weapons and special means, computer skills, skills in performing professional actions, skills in analyzing the situation and analyzing the results of actions, etc.Skills are simple and difficult. Selected automated movements are an example of simple skills. Complex skills include simpler ones as elements of more complex structures. So, even the skill of shooting a pistol in the simplest conditions includes the skill of holding the pistol correctly, the skill of aiming, the skill of pulling the trigger. High professional skill is always characterized by the possession of predominantly complex skills.
Professional skills. Professional skill – e This is a complex method of successful professional actions mastered by a specialist in non-standard, unusual, difficult situations. It is based on mental education, combining the knowledge and skills of a specialist with special training to use them when acting in such situations. There are elements of automatism in the skill, but in general it is always carried out consciously. 1 In contrast to skill, thinking is clearly and actively represented.If skills provide confident and effective actions in standard, almost identical, repetitive situations, then skill – in non-standard, noticeably different from each other in repetitions. They are expressed in the specialist’s training so that he can study and understand the originality of the situation, make a decision adequate to it, modify the order and methods of action so that they correspond to the realities of the situation; act meaningfully, controlling yourself and making adjustments as necessary in order to best achieve the goal.There is always an element of creativity in skill. Properties of skills: adequacy of the situation, meaningfulness, flexibility, speed of performance, reliability, success, corresponding to the situation.
Distinguish between simple and complex skills. If the knowledge used does not need to be transformed and it directly follows from it what and how to do, then, acting accordingly, the specialist shows a simple skill. Often, such skills are the initial stage in the formation of some kind of skill and have no independent meaning for mastery.
Complex skills are a different matter. It is they who carry the features that are highlighted in the definition of skill given above. A complex skill includes knowledge and skills, but it will never turn into a skill itself. For example, (such professional actions as inspection of the scene, interrogation, detention of an armed criminal, personal investigation, intelligence Interrogation, patrolling, solving a crime in hot pursuit, release of hostages, training a subordinate, preventive conversation and many others, no matter how many times they are performed by the same law enforcement officer, will never be performed thoughtlessly, mechanically, automatically.Each time he will have to think hard, seek, create, show independence.
Skills are classified according to other criteria, for example, according to the content of actions, according to specialties, according to the conditions of actions. There are also skills of a lawyer, skills of an organizer-manager, skills of working with people, etc.
Complex professional skills – the crown of special training and professional skill of a law enforcement specialist. It is no coincidence that highly qualified specialists were called craftsmen in Russia.The formation of professional skills among lawyers is the most important task of training them.
Teaching students of legal educational institutions, improving their skills by practice, engaging in self-education and self-study – it is always necessary to determine the exact list of knowledge, skills and abilities that must be acquired and improved during study and in the study of each academic discipline, during this period of work on oneself and to form them, taking into account their properties, psychological characteristics and peculiarities of formation.
1 Some theorists even define a skill as an automated component of a skill that ensures the success and ease of its implementation (see: Kazansky N.G., Nazarova T.O. Didactics. – M., 1990. – P. 30) …
Russian State University for the Humanities – Faculty of Law
The Faculty of Law of the Institute of Economics, Management and Law of the Russian State Humanitarian University
was established on May 21, 1999.
Statute on the Faculty of Law
Dean of the Faculty of Law – Doctor of Law, Professor, member of the Association of Lawyers of Russia Stanislav Vladimirovich Timofeev.
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More than 60 highly qualified teachers (doctors and candidates of sciences) are successfully working at the faculty and more than 1350 students and listeners are trained in full-time (full-time), evening (part-time), part-time programs. Education is conducted in Russian.From the 2017-2018 academic year, students are recruited for the 40.03.01 “Jurisprudence” (bachelor’s degree) training direction for full-time and part-time education. The term of study in full-time form is 4 years, full-time and part-time form – 4.5 years.
The educational program is developed in accordance with the Federal State Educational Standard of Higher Education. The annotation to the educational program implemented at the Faculty of Law of the IEMP RSUH can be found here.
In addition, the Faculty of Law enrolls for a master’s degree for full-time, part-time, part-time education in the following areas:
According to the order of the Minister of Education and Science of the Russian Federation dated December 1, 2016.No. 1511 from September 1, 2017 a new educational standard in the field of preparation 40.03.01 came into force. Jurisprudence (undergraduate level). In this regard, since 2017, recruitment has been carried out for full-time (full-time) form – 4 years of study and part-time (evening) form – 4.5 years of study.
The Faculty of Law of the IEMP RSUH is a member of the “Association of Legal Education”. Registration certificate No. 23 dated July 1, 2011.
The Russian Bar Association has included the Russian State University for the Humanities in the list of the best legal universities in the country.
The quality of professional training of students at the Faculty of Law is combined with a broad general educational level of their education within the framework of the RSUH concept for a wide profile of disciplines and specializations in accordance with the requirements of the quality system.
The high quality of training for bachelors and masters, carried out at the Faculty of Law, is recognized by the legal community, which is confirmed by Certificates of public accreditation issued by the All-Russian public organization “Association of Russian Lawyers” and the Association of Legal Education.
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When forming the teaching staff, the faculty proceeds from the need to involve in the educational process the most experienced well-known lawyers who are actively involved in scientific work, who are directly involved in the development of modern legal policy in Russia, the formation and development of new legal institutions. Ties are being strengthened with the Ministry of Justice of the Russian Federation, the Prosecutor’s Office of the Russian Federation, the Constitutional Court of the Russian Federation, the Government of Moscow, the Committees of the State Duma and the Federation Council of the Federal Assembly of the Russian Federation, higher educational institutions – the law faculties of Moscow State University, Moscow State Law Academy, MGIMO, the Russian Academy of Sciences, etc.etc.
The Faculty of Law of the IEMP RSUH has the necessary material and technical base, ensuring the conduct of all types of practical, disciplinary and interdisciplinary training and research work of students provided for by the curriculum.
Much attention is paid to the acquisition of professional skills by students through continuous practice, which, starting from the second year, they pass in state (judicial authorities, prosecutors) and non-state institutions (bar, notary), as well as commercial structures.Practices are carried out in organizations and institutions according to the profile of training, as well as in a legal clinic, and educational practice and at the departments of the university, which have the necessary human and scientific potential.
Some practical classes for students of criminal law specialization / profile are held in the forensic laboratory of the faculty.
Each student of the IEME Faculty of Law is provided with access to electronic library systems containing publications in the main disciplines studied and formed in agreement with the copyright holders of educational and educational literature.
The library fund is staffed in accordance with regulatory requirements.
The collection of additional literature, in addition to educational, includes official, reference-bibliographic and specialized periodicals, including
- Russian newspaper;
- Russian News;
- Collected Legislation of the Russian Federation;
- Bulletin of normative acts of ministries and departments of the Russian Federation;
- Bulletin of the Supreme Court of the Russian Federation;
- Bulletin of the Supreme Arbitration Court of the Russian Federation;
- Bulletin of the Constitutional Court of the Russian Federation;
- Bulletin of the Ministry of Justice of Russia;
- other legal publications.
All departments of the Faculty of Law are equipped with constantly updated legal bases of information legal reference systems such as “Consultant Plus”, “Garant”.
The faculty has created conditions not only for high-quality education of students, but also for scientific activities. Every year the Faculty of Law holds an international scientific conference “Muromtsev Readings” with the subsequent publication of a collection of articles. Especially for students engaged in scientific activities and wishing to publish their articles, the All-Russian student scientific and practical conference “Youth scientific potential in jurisprudence of the XXI century: from theory to practice” science”.
In addition, each department of the Faculty of Law annually holds student round tables in the areas of departments, there are ongoing scientific seminars that are held with the involvement of leading practitioners.
The university on a mandatory basis provides students with conditions for physical education classes, which take place on sports grounds that meet modern requirements. In addition, it organizes and regularly conducts exercises and trainings on civil defense and protection from emergencies in peacetime and wartime, as well as on ensuring fire safety (the basics of life safety).
In addition to studying, the RSUH provides students with great opportunities for self-realization in sports (there are a large number of sections) and in creative activity.
To help students, a student trade union committee functions at RGGU.
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The circle of potential employers is constantly expanding, which are legislative, judicial and executive authorities, organizations of various forms of ownership, which allows graduates to find a job in a prestigious and highly paid job.If necessary, the RSUH provides assistance in finding a job.
Graduates of the Faculty of Law are distinguished by their high qualifications and professional skills and the ability to apply in practice the knowledge gained at the university.
Graduates of the Faculty of Law are given the opportunity to continue their studies in master’s and postgraduate studies. The faculty, represented by experienced professors, doctors of science, provides undergraduates, graduate students and applicants with high-quality scientific guidance of their dissertation research.
All departments of the faculty are graduating and operate on the basis of the general concept of the development of the RSUH.
The Faculty of Law includes the following departments:
Department of Civil Law and Procedure;
Department of Constitutional and International Law;
Department of Financial Law;
Department of Theory of Law and Comparative Law;
Department of Business Law;
Department of Criminal Law and Procedure.
All departments are graduating and operate on the basis of the general concept of the development of the RSUH.
Anthem of the Faculty of Law90,000 Polemic skill of a lawyer. Negotiation. Mediation
Dispute, its goals and strategies
Types and features of the parties to the dispute
Principles and the rules of the dispute
Allowed and unacceptable methods of dispute.Ethics of dispute
Q&A form in legal practice
Alternative ways of resolving disputes: negotiations and mediation
IN their practical activities people constantly solve important problems, find out opinions, assess moods, possible actions of others, etc.n. These contacts between individuals and groups of people occur in the form of a conversation, mutual exchange of information, verbal expression points of view. However, human communication is not only a unity of thought and action, but also competition, struggle opinions, disputes. Disputes as a form intellectual interaction have great importance in scientific, socio-political, legal practice. Where there is no dispute about the important, serious matters, there is no movement forward.
Legal research in legal practice proceeds in the form of a dialogue.Legal a dispute is a process where each side proves its own version and criticizes the opponent’s legend. Such intelligent interaction reveals a variety of points of view, provides additional information, helps establish the truth and accept reasonable fair decision.
§1 Dispute, its goals and strategies
Because the the art of dispute acquires for a lawyer all more important, it is necessary understand its essence, compare him with concepts as close as “Dispute”, “discussion”, “polemics”.
Word “dispute” occurs from latin disputo – I am thinking. In those situations when it comes to dispute, meaning the collective discussion of moral, political, literary, scientific, professional and other problems to solve there is no single, generally accepted answer. In the course of the dispute, its participants express different judgments, points vision, assessment of certain events, problems.
Word “discussion” going on from latin discussio – consideration, study.Under discussion usually I mean public comment any problems, controversial issues. The discussion is often viewed as a method that activates the learning process, studying a complex topic, a problem that wedges into context.
Word “controversy” going on from greek polemikos, what means “hostile”, “militant”. It is easy to understand that for polemics also the procedure of a dispute is characteristic, but a dispute, leading to confrontation and struggle fundamentally opposite opinions, approaches to solving certain problems.
It is known that discussions, disputes are most often conducted towards a peaceful outcome of events, towards a collective search for truth. Target polemic dispute – to win over the enemy by all means.
but it should be noted that both in the dispute and in discussion, and in polemics, albeit with different the degree of activity and confrontation, a dispute arises and unfolds participants. Dispute favored by kick would characterization of the discussion process problems, questions two opposing sides.Note also that the words “dispute” and “Discussion” is often used as synonym words.
So, for example, in the dictionary of S. I. Ozhegov “dispute” and “discussion” are used as words one synonymous series.
Discussion important and needed in various forms activities, but especially necessary in science, where it is viewed as one of the forms of discussion, comparison different points of view in order to search truth, gaining new knowledge.
Practice shows that the discussion can take place with varying severity of confrontation.It can be a dispute, debate, controversy, dispute. Anyway, for the discussion at least two different points of view, two different approach to addressing the question, problem. Although there really are much bigger. Essentially, each of the participants in the discussion often has your point of view, your view of the solution Problems.
If talk about the dispute, then it can be defined as a discussion in the form investigation of the problem in order to establish truth.
Dispute Is a characteristic of the discussion process problems, the way of its collective research in which each of sides, argument (defending) and refuting (opposing) the opinion of the interlocutor (opponent), claims a monopoly truth.
IN dispute process, explicitly or some contradiction, which allows you to formulate problems. V brainstorming or the problem is resolved, or each of the warring parties remains unconvinced.
Dispute is an important tool clarifying and resolving issues, divisive, better understanding what is not enough clear and has not yet found convincing justification. Even if the parties to the dispute do not come to an agreement, in the course of a dispute they are better understood as the positions of the other side, and their own.
Presents interesting figurative and very accurate characterization of the dispute given by Russian religious philosopher I.A. Ilyin (1882-1954), expelled from the country in 1922 by Lenin’s instructions for anti-Soviet activity because he did not share revolutionary transformation ideas society.In one of its last works “On the essence of legal consciousness”, which was published in Munich after death of the author, he cites this comparison. If two trains go one by one and the same rails towards each other, then this is a misfortune, sometimes a catastrophe. In a dispute, on the contrary: it only succeeds then, when opponents move along those the same “rails” and really “Collide”. One must assert exactly what the other is denying.
Theory the dispute originated in ancient Greece. The need to develop dispute issues arose in connection with the needs of the judicial practice, rhetoric.Dispute theory developed the sophists Protagoras (c. 480 – c. 410 BC), Gorgias (c. 483 – c. 375 BC).
Protagoras wrote a special essay “Art argue”. One of the first to apply dialogical form of presentation, with which two interlocutors in a dispute justify, defend opposing views. According to Diogenes Laertius (1st half of the 3rd century), “the present tribe the disputants originated from Protagoras ”.
Later dispute theory was developed by Socrates (470 / 469-399 BCBC), which he considered the most faithful the path to truth discovering contradictions in judgments; Aristotle (384-322 BC) c his works “Topeka” and “On the sophistic refutations ”.
Art dispute is referred to as “eristics”. Originally, eristics was understood as collision aid opposing points of view. Eristic had to teach the ability to convince others in the correctness of the views expressed and according to the ability to persuade person to the behavior that seems necessary and expedient.But gradually the meaning of eristics became change, and they began to understand it as a dispute, whose sole purpose is victory. Eristics disintegrated into dialectics and sophistry .
The first developed by Socrates, who introduced scientific turnover the term “dialectics” to denote the art of leading effective argument for the sake of comprehension truth.
Sophistry was understood as the art of introducing adversary into error for the sake of achieving victory in the dispute. From Aristotle comes tradition of identifying eristics with sophistry.Later the same understanding sophistry was expressed by a German philosopher A. Schopenhauer (1788-1860), who defined it as an art of argument or spiritual fencing with a sole purpose – stay right.
Logical the basis of any dispute is proof and refutation: one the person puts forward some initial position (thesis) and tries to justify its truth; the other – expresses disagreement with this thesis and its justification.
Classic the dispute model suggests the following its direct participants: proponent and opponent.Proponent first expresses a thought that becomes the basis of the discussion. Opponent criticizes this thought, expressing your point of view. This division is conditional, because during dispute proponent and opposing the sides can change places. Not always the dispute proceeds in such a form, when one puts forward a thesis, and the other refutes it. Often the adversary is pushing his own conflicting thesis the thesis of the first disputant. This thesis called antithesis. Then the first the disputant may begin to refute antithesis, and the second disputant is forced defend.But in any case, the functions proponent and opponent are determined the formulation of their own positions, hypotheses regarding the solution of the controversial problems with appropriate reasoning proposed provisions, evidentiary criticism of opposing theses and arguments.
IN some types of dispute are present the arbiter is the organizer of the dialogue. In his functions include the following organizational activities: to establish regulations discussions; to clarify the wording controversial problem, goals, objectives of the study; to monitor compliance with the adopted organizational forms and ethics of the dispute.IN courtroom by such an arbitrator is the judge.
Mediated a party to the dispute is often audience – listeners of the discussion process Problems. It is the audience most often performs the function of assessing the dispute, the acceptability of a particular point of view. In court hearings, the audience represents publicity of the proceedings, i.e. His accountability to public opinion.
Classical the composition of the parties to the dispute is peculiar transforms into criminal and civil processes in accordance with the law.
IN criminal proceedings by the parties to the dispute are the court, the prosecution, the party defense, in some cases a jury assessors, and listeners who provide publicity of forensic research. except Moreover, to clarify the circumstances of the case witnesses, experts are invited to the court and others. The evaluation function takes on the jury and judges – representatives of the law. Therefore, summarizing the judicial pleadings, adjudicating judgment, the court cannot be guided subjective assessments regarding the case in question.Its task is finding objective truth by comprehensive and in-depth consideration investigated act on the facts and circumstances.
IN civil proceedings by the parties to the dispute are the plaintiff, the defendant, who may be both physical and legal persons, as well as the court. In addition to the parties in a civil proceeding may to participate and third parties, namely: witnesses, experts, citizens, interested in the case under investigation, lawyer as representatives of the parties in court.
Let us turn to the varieties of the dispute. Methodological the basis of the typology of this process is the concept proposed by S.I. Povarnin in his work “Dispute: about the theory and the practice of the dispute ”.
By the content is divided into the following types dispute: dispute for the sake of truth, dispute for the sake of the adversary’s persuasion, an argument for the sake of victory, dispute for the sake of dispute, dispute-game (exercise).
Dispute for the sake of truth conducted for the purpose of joint research, which of the opposite points of view is closer to reality, matches the object and subject consideration.This is the highest form of controversy the most fruitful and noble. One from the sides protects his thought from attacks enemy, wanting mainly see what objections might be against her and how strong these objections, to what extent is vulnerable the proponent’s thought. Find and specify exactly on which point we disagree with with this thought, means to set the item disagreements. This should be the original point of every right dispute. But, as practice shows, especially in jurisprudence, in controversial thought can several points of disagreement arise.In this case, it is necessary to mention all of them, even if the dispute is about one thing paragraph. Wrong item selection disagreements can decide the fate of everything dispute, as it sometimes happens even in lawsuits.
Dispute for the sake of convincing the enemy. If in a dispute for the sake of truth, centrality takes the thesis, establishing it compliance or non-compliance with reality, then in dispute for the sake of beliefs – the main thing is not the thesis, but itself enemy. At the same time, the disputants can believe what they want to prove, but they can and not believe, the main thing is to persuade the enemy on his side, inspire him with any thought, to impose certain views.
Dispute for the sake of victory – this is an even worse kind of argument. Here each side strives at any cost defeat the enemy. Verbal the battle can be fought with the aim self-affirmation.
Ancient greek philosopher Socrates sharply polemicized with sophists against such disputes. “By their opinion, – he said, – to the one who going to be a good speaker, it is completely unnecessary to have a true idea of fair and good deeds or about people just and good by nature or by education ”.Result such a position is regrettable. “In the courts, – states Socrates, – absolutely no one there is nothing to do with the truth, it is only important persuasiveness. And it consists of credibility, on which it focuses his attention is the one who wants to produce impression”.
Dispute for the sake of dispute , or, as it is also called, dispute-sport. Willingness to argue on any issue and with any person it is peculiar to people, enjoying themselves process of controversy. And the harder it is for upholding a thought, the more attractive it is for the disputant.
Dispute – game, argument – exercise . Nowadays it is rare, but earlier, in antiquity, it flourished. Actually, with such disputes began logic, dialectic was born in its original, Socratic sense. Such disputes honed the logic of reasoning, contributed to the development of consistency, internal consistency of thought.
Exist also a very diverse typology disputes form . Let us describe only some varieties of controversy over external manifestation.
Focused dispute conducted on one topic. This is the process when both sides are kept in the field all the time view the thesis under discussion in order to protect or refute this thesis.
Formless dispute start with one and end with another. This type of dispute is always messy.
Can also to dispute together , or one one . If several participants argue, then this is difficult disputes. Both simple and complex disputes can occur at listeners and without them .Winning with listeners is more flattering vanity, and defeat becomes more annoying and unpleasant.
Same dispute can be oral and written . In an oral dispute, especially with listeners, an important role is played by “external” and psychological conditions, for example suggestion: impressive demeanor and talk, self-confidence, etc. Timid and the shy one will always lose by compared to self-confident and even more so an arrogant enemy. A special role is played by quickness of thinking: who thinks more quickly, resourceful, he with the same intelligence and stock knowledge will always overcome the enemy in oral dispute.
Writing dispute, on the other hand, highlights the logical side of the controversy. Here less emotion, not so much is required quickness of reaction, how much ability to a deep and thorough consideration: the issue under discussion, arguments enemy and their own reasons. Such disputes are indispensable science and in general any serious research.
Enough conditional, but nevertheless quite real seven variants of the course can be distinguished discussion-dispute:
Heuristic approach to dispute when one of the parties, without insisting on their approach to the solution problems using persuasion techniques, intuition and common sense, gradually inclines another to his point of view or other interlocutors, participants dispute, discussion.
Boolean approach to conduct a dispute characterized by hard logical analysis and argumentation, thanks to which, following the techniques and rules formal logic, panelists come to some the final conclusion.
Sofia approach to dispute in which one of the parties seeks to defeat his opponent any, even logically incorrect way, using the so-called sophisms.
Authoritarian approach to dispute when one of the parties, relying on authorities or using their authority, and often their power, imposes his point of view on others.
Criticist approach to dispute when one of the parties focuses entirely on only weaknesses, weaknesses and positions his opponents, does not want and does not seek see positive elements in the opposite point of view and cannot offer your solution.
Demagogic approach to the dispute, which consists in the fact that one of the parties is not for the sake of truth, but most likely in order to steer the discussion away from truths, while pursuing their own, often unknown to the parties to the dispute goals.
Pragmatic approach to dispute, which consists in the fact that one or each of the parties leads dispute not only for the sake of truth, but for the sake of their practical, sometimes mercantile goals that are hidden and unknown interlocutors.
Goals debate, dispute, depending from whether they are aimed at solving the problem under discussion or, conversely, on then to create additional problems and barriers can be divided into two groups: constructive and destructive.
We list the most characteristic constructive target reference discussion, dispute:
– discuss all possible solutions to the problem;
– work out collective opinion, collective position on any issue;
– attract attention to the problem as much as possible interested and competent persons;
– refute unscientific, incompetent approach to solve the problem, expose the false gossip;
– attract as many faces as possible to your side, willing to cooperate;
– estimate possible adherents and opponents.
Destructive sang, who can be targets of individual groups and participants in the discussion, dispute:
– start solving the problem at a dead end;
– defame idea and its authors;
– turn discussion into scholastic controversy;
– using knowingly false information, stories dispute, discussion on the wrong path;
– smash dissidents, discredit opposition.
Probably, these goals, both constructive and destructive, much more.In addition, in their pure form, they usually do not appear within the same discussion, dispute, but can be realized in the most different combinations.
How we see that disputes can be very varied in content and form, and by goals. But for all their differences, it should have something in common as a basis the emergence of controversy.
Conditions to start a rational argument include a number of provisions such as actually logical, and moral and psychological nature.
Firstly, items required dispute , those. some problem or topic to to which the statements of the participants refer. It is desirable that the subject of the dispute be relatively clear. Better at the start fix this item with a special approval. Disputes over issues not clear to the disputing parties, leave heavy sediment due to its incoherence and helplessness. “The farthest will go the one, said Cromwell, – who does not know, where to go”. If the subject of the dispute has changed, it is advisable to pay attention to this and emphasize that the dispute regarding a new subject is, in essence, another dispute, not the old one.
Secondly, on the subject of the dispute must exist real the opposite of the points of view of the parties . Any controversial thought requires processing, some preliminary research, namely: it is necessary as accurately as possible find out what we disagree with, what are points of disagreement with the interlocutor. This is starting position of each correct spore. Clarification of the subject of the dispute may find that there is no confrontation there are no positions, and therefore, to argue about nothing.
Thirdly, before the beginning of the dispute you need to try, perhaps more precisely formulate the main thesis of the dispute, agree on meaning of key terms. “You have to train yourself to find out a thesis before a proof or dispute, how we learned to take a fork before the way there is a steak, ”wrote S.I. Povarnin. Clear statement of the thesis and a clear understanding of its meaning helps further to avoid such mistakes in the course of the proof as a “derogation from the thesis ”,“ substitution of the thesis ”and“ loss thesis ”. The starting point of each a correct dispute must be a condition establishing a “point of disagreement”, that is, figuring out what the sides are dispute can not be compatible.
Time, spent on clarifying these provisions, always pays off as it allows to bring to the dispute not only due clarity, distinctness, expediency, but very often shortens the dispute, avoiding useless evidence related misunderstanding the subject dispute, initial thesis used terms.
Fourth, required some general basis of dispute , those. Some principles, provisions, beliefs that are recognized are shared by both sides.If a person, without trial and investigation, who killed his abuser, by belief (or tradition) one side is considered a bandit, and the beliefs of the other side – a hero, worthily and justly avenged your honor, then a dispute in a similar situation impossible: no common basis.
Fifth, required though would be some knowledge of the subject of the dispute. It’s pointless to get into an argument with an opponent who has no idea on the subject of the conversation: it can cause only irritation, reproaches, resentment.
IN sixth, the most important condition for rational dispute is respect to opponent , i.e. recognition of him as a person of at least worthier than your own. If the opponent does not command respect, it is not enter into an argument with him, like how a nobleman did not accept a challenge to a duel from someone whom he did not consider worthy for clarification of the relationship.
Respect to the opponent is manifested in the ability be attentive to his reasoning, the ability to listen patiently and desire understand it.Of course, absolutely need a willingness to admit error and correctness of the interlocutor.
Seventh, a condition for a rational dialogue is freedom parties to the dispute . Each side must have that a measure of autonomy that is incompatible with diktat, attitude of domination and submission. The possibility is excluded social or physical pressure.
Any thought, even false, in most cases false only in part, and any truth, even undoubted, has its drawbacks and can be refuted.
Necessary a lot of conscientious mental labor and experience to realize that I. Newton understood at the end of his life. He is humble stated that he collected only pebbles on the shore of the endless ocean truth … From afar, the sea of truth is indistinguishable from the truth of the lake. Only the one who tried to investigate the truth, knows it immeasurability. And such a person always modest.
Compliance all these conditions contribute to the fact in order to overcome the dispute divergence of beliefs, move closer to truth.But, as in any art, in it is not enough to know the theory in polemics, you need to be able to apply it. There are rules here violation of which turns the dispute from intellectual competition in a quarrel, swar.
OFFER CONTRACT FOR THE RENDERING OF SERVICES FOR LEGAL ENTITIES
7. Conditions for the exchange of documents and information
7.1. In accordance with Part 2 of Article 9 of Federal Law No. 63-FZ of 06.04.2011 “On Electronic Signature” them of another official of the Party, if the Parties fulfill the terms of the Agreement.A simple electronic signature is understood as an electronic signature, which, through the use of a simple electronic signature key (hereinafter referred to as the key), confirms the fact of the formation of an electronic signature by an authorized representative of the Party. Key
is a combination of 2 elements – key ID and password. The identifier is the login of the head or another official of the Party authorized by him in the Information System, and the key password is a unique sequence unknown to third parties, the password for access to the Information System.
An information system means software that allows correspondence between the Parties via telecommunication networks using e-mail.
In accordance with the Agreement, the following documents can be signed
by simple electronic signature:
– Additional agreements to the Agreements
– Reconciliation acts;
– Other documents;
7.2. The procedure for verifying the electronic signature: a document is considered signed by a simple electronic signature of the Party if the following conditions are met: the document is drawn up in the form of a photocopy of a document on paper, signed by the handwritten signature of the head or another official of the Party authorized by him and attached as an attachment to an e-mail message sent from the address specified in the address section and details of the parties to this Agreement.At the same time, the text of the document, the signatures of authorized persons and the seal imprint (if there is a seal) must be clearly distinguishable on the photocopy. The photocopy must contain all the mandatory details of the document provided for in Article 9 of the Federal Law dated 06.12.2011 No. 402-FZ “On Accounting”.
7.3. Official communication channels for the transfer of documents and (or) information
· Customer’s personal account;
· electronic document management system.
7.3.1. The Customer’s e-mail is recognized as an official communication channel if:
is the mail for which the Customer’s Personal Account is registered; or (and)
is a mail that is linked to the Customer’s Personal Account; or (and)
is the mail indicated in the details of the Customer;
7.3.2. The Contractor’s e-mail is recognized as an official communication channel if:
is a mail with an address with any of the following domains @ skillfactory.ru or @marketinguniversity.ru, or @ productlive.io, or @ zedschool.ru, or @ contented.ru.
7.4. Applications, letters, files, including those containing the results of the Services, sent via the Internet using e-mail, are recognized by the Parties in court as written evidence, as defined in Art. 75 of the Arbitration Procedure Code of the Russian Federation of July 24, 2002 N 95-FZ. When presenting them as evidence, it is enough to submit a printed e-mail, a file certified by the signature of an authorized person and the seal of the presenting Party.
RFA RF awards
One of the tasks of the FPA RF is to encourage the most creative and professional colleagues who demonstrate high standards of advocacy and loyalty to corporate traditions.
The incentive measures applied by the Federal Chamber of Lawyers of the Russian Federation are professional marks of distinction for the work of lawyers in providing qualified legal assistance to individuals and legal entities, protecting their rights and legitimate interests.
The awards of the FPA RF include: the Order For Fidelity to the Duty of Lawyers, the Order For Fidelity to the Duty of Lawyers, the Emperor Alexander II medal, the medals for services in protecting the rights and freedoms of citizens of I and II degrees, a certificate of honor and gratitude, and also other incentives: a commemorative medal, diploma, letter of thanks.
Incentive measures are used to mark the achievements in the professional activity of a person with the status of a lawyer and distinguished by high professional skill in protecting the rights, freedoms and legitimate interests of principals; active participation in protecting the legitimate interests, honor and dignity of lawyers, their social and professional rights; a significant contribution to the education of personnel, training them in advocacy and the moral principles of advocacy; active participation in organizing the activities of the legal profession in the Russian Federation; carrying out scientific and research activities related to the functioning of the Bar.
The Order “For Fidelity to the Duty of a Lawyer” is awarded to persons who have the status of a lawyer and have a continuous experience of advocacy of at least twenty years, for:
– achieving a high professional level, adherence to principles and exemplary observance of moral and ethical standards of behavior;
– a great contribution to the development of the Russian legal profession;
– significant personal contribution to the activities of the lawyer community;
– introduction of information technologies into advocacy;
– development and implementation of new forms and methods of work in the implementation of advocacy;
– carrying out scientific activities aimed at improving the efficiency of work in the legal profession;
– strengthening international cooperation in the development of the legal profession;
– other services to the legal community.
For the awarding of the Orders “For Fidelity to the Duty of Lawyers”, the awarding of the medal “For Merit in the Protection of the Rights and Freedoms of Citizens” of the 1st degree is required.
The Order “For Service to the Bar” is awarded to:
– members of the Council of the Federal Chamber of Lawyers of the Russian Federation, presidents of lawyers’ chambers and heads of lawyers’ associations for their contribution to the development of the legal profession, long and fruitful work in the bodies of lawyers’ self-government and other active participation in the organization of advocacy in the Russian Federation;
– heads of structural subdivisions and specialists of the apparatus of the Federal Chamber of Lawyers of the Russian Federation, lawyers’ chambers of the constituent entities of the Russian Federation and lawyers’ formations with at least 10 years of experience in the legal profession, for their impeccable and effective work to support the activities of lawyers’ self-government bodies.
The Order “For Service to the Bar” is awarded to persons for:
– a great contribution to the implementation of the policy for the development of the Russian legal profession;
– providing a significant impact on increasing the prestige of the profession of a lawyer;
– personal merits in solving the tasks assigned to the Federal Chamber of Lawyers of the Russian Federation, for the effective fulfillment of the duties assigned to them and the successes achieved in the field of the legal profession.
The Medal “For Merit in the Protection of the Rights and Freedoms of Citizens” of the 1st degree is awarded to persons who have the status of a lawyer and have a continuous experience of advocacy of at least fifteen years.
The medal “For services in protecting the rights and freedoms of citizens” I and II degrees is awarded to persons who have achieved a high professional level and success in protecting the legitimate interests of citizens and legal entities, for:
– effective protection of the rights and legitimate interests of citizens and legal entities;
– merits in ensuring the rule of law;
– making a significant personal contribution to the development of the Russian legal profession;
– providing a significant impact on increasing the prestige of the profession of a lawyer.
To be awarded the 1st degree medal “For Merit in the Protection of the Rights and Freedoms of Citizens”, the candidate must have a Certificate of Merit from the Federal Chamber of Lawyers of the Russian Federation.
The medal “For Merit in the Protection of the Rights and Freedoms of Citizens” of the II degree is awarded to persons who have the status of a lawyer and have at least ten years of continuous experience as a lawyer.
The chambers of lawyers of the constituent entities of the Russian Federation and lawyers’ formations can be awarded with the Gratitude and the Certificate of Honor.
In exceptional cases, the Council of the Federal Chamber of Lawyers of the Russian Federation may award a lawyer with an order or medal for particularly outstanding achievements in advocacy or in the development of the Russian legal profession, regardless of length of service.
The medal “For Merit in the Protection of the Rights and Freedoms of Citizens” 1 and 2 degrees, as well as a commemorative medal, diploma, certificate of honor or a letter of thanks can be awarded to citizens, organizations and public associations of lawyers, including those of a foreign state, for their contribution to the development of the Russian legal profession or international legal cooperation, as well as for active participation in human rights activities.
The Order For Fidelity to Lawyer’s Duty is worn on the right side of the chest and is located below the state awards of the Russian Federation.
The medal “For Merit in the Protection of the Rights and Freedoms of Citizens” 1 and 2 degrees is worn on the left side of the chest below the state awards of the Russian Federation.
Repeated rewarding with an order and medal of the same degree is not made.
On the occasion of the anniversary of the Russian legal profession, the Federal Chamber of Lawyers of the Russian Federation instituted the breastplate and table commemorative signs “150 years of the Russian legal profession”.
The badge is awarded to lawyers (including those whose status has been suspended) for their selfless service to the cause of protecting human and civil rights and freedoms, impeccable business reputation, long-term and fruitful work in lawyers’ self-government bodies, participation in improving the legislation on advocacy and the legal profession and the Code professional ethics of a lawyer, a significant contribution to the legal education of personnel, as well as the implementation of scientific and research activities related to the legal profession.
The table sign is awarded to statesmen, public and political figures, as well as lawyers, journalists, and cultural and art workers for their significant contribution to the development of the legal profession and human rights activities in the Russian Federation.
The badge was made in the amount of 2000 copies, the desktop one – in the amount of five hundred. Each sign has its own unique number.
The Emperor Alexander II Medal was established by the Federal Chamber of Lawyers of the Russian Federation in December 2016.(decision of the Council of the FPA RF dated December 9, 2016 (minutes No. 8)).
The medal can be awarded to statesmen and public figures who, through their professional, social, scientific activities, contribute to the strengthening of statehood, the development of civil society institutions, contribute to democratic transformations, and whose ideas and activities testify to their adherence to the ideals of social progress.
The Medal is awarded by the Council of the FPA RF on the proposal of the President of the FPA RF and vice-presidents of the FPA RF.
In April 2017, the first laureates of the Medal were Aide to the President of the Russian Federation – Head of the State Legal Department of the President of the Russian Federation Larisa Igorevna Brycheva and Chairman of the Supreme Court of the Russian Federation Vyacheslav Mikhailovich Lebedev. In December 2017, this award was received by an outstanding Russian lawyer, Aide to the President of the Russian Federation, Chairman of the Council of the Research Center for Private Law under the President of the Russian Federation Veniamin Fedorovich Yakovlev, in 2019 – Chairman of the Council under the President of the Russian Federation for the Development of Civil Society and Human Rights Mikhail Alexandrovich Fedotov.
The medal has the shape of a regular circle with a diameter of 32 mm, on its front side (obverse) there is a portrait of Emperor Alexander II with a turn of the head, on the reverse side (reverse) there is a monogram of Emperor Alexander II and the text “May Russia’s internal improvement be improved”.
The medal is worn on the left side of the chest and is located below the state awards of the Russian Federation, the USSR and the RSFSR.
The list of persons awarded with the Medal is kept on a permanent basis by the RFA.90,000 Opening of the MGIMO Parliamentary Model
On April 2, the opening of the Parliamentary Model of MGIMO, organized by the Law Club with the support of the International Law Faculty and the Student Union, took place. The parliamentary model is an interuniversity role-playing game, the participants of which reproduce the work of a conditional parliament.
The young parliamentarians were greeted by the head of the MGIMO Legal Club, A. Starikov, noting that the participants of the model will not only be able to hone their legal skills, but also gain skills in debating and negotiation and the opportunity to demonstrate their ability to work in a team and compromise.
Vice-rector for social and educational work I.A. Loginov read out the welcoming speech of the rector of MGIMO and added that modellers have the opportunity to try on the role of deputies, try to eliminate gaps in the legislative regulation of certain issues and make proposals that could radically change and improve legislation. Deputy Dean of the MP-Faculty for Research, Head of the Department of Criminal Law, Criminal Procedure and Criminalistics, Professor A.G. Volevodz noted the role of MGIMO as a base platform for modeling activities: the Moscow International Model UN and a number of other conferences are held within the walls of the University; MGIMO members represent the alma mater not only in Russia, but also abroad, where they carry the banner of the Motherland with honor and dignity. The opening ceremony was also attended by the head of the expert legislative council of the Youth Parliament under the State Duma of the Russian Federation D. Matyushenkov. The head of the expert legislative council of the Youth Parliament under the State Duma of the Russian Federation D.Matyushenkov and Head of the Department of Administrative and Financial Law I.A. Goncharenko.
The game is attended by 204 students from Moscow and the Moscow region, Saratov, St. Petersburg, Surgut and Tula. The work is carried out in seven specialized committees, each of which has one or several expert moderators from the faculty of the International Law Faculty of MGIMO: Head of the Department of Criminal Law, Criminal Procedure and Criminalistics, Professor A.G. Volevodz, head of the department of administrative and financial law I.A. Goncharenko, associate professor of the department O.V. Sokolova, professor of the department A.G. Gurinovich, deputy head of the department of administrative and financial law for scientific work, Ph.D. Associate Professor O.V. Krivelskaya, Associate Professor of the Department of Constitutional Law T.O. Kuznetsova, Professor of the Department E.Ya. Pavlov, Professor of the Department of Administrative and Financial Law G.V. Petrova, Associate Professor of the Department of Constitutional Law K.A. Polovchenko, Head of the Department of Constitutional rights of I.A.A. Rakitskaya, Professor of the Department of Criminal Law, Criminal Procedure and Criminalistics E.L. Sidorenko, Lecturer at the Department of Constitutional Law, Senior Lecturer at the Department of International Private and Civil Law. S.N. Lebedeva V.B. Chernoletsky.
At the end of the opening ceremony of the Parliamentary Model of MGIMO, work continued at a meeting of factions and committee meetings, where experts made reports and exchanged views with delegates on issues on the agenda.
For example, the first meeting of the health committee was exemplary: the participants were well prepared and thoroughly studied the issues under consideration in advance, which helped to make the discussion of the topic most productive. The invited experts of the committee were the head of the organ transplant department of the Russian Research Center of Surgery of the Russian Academy of Medical Sciences M.M. Kaabak and professor of the Department of Constitutional Law E.Ya. Pavlov, who told the students about the current situation with donation and transplantation in Russia.
The participants, having united in a coalition, have already begun to develop their proposals for a future bill, which is to be presented on the closing day of the Parliamentary Model – April 5, when the results of the meetings of the relevant committees will be summed up.
Department of Educational Work
Department of Administrative and Financial Law
Department of Criminal Law, Criminal Procedure and Criminalistics
Department of Constitutional Law
KIAP Law Bureau became a partner of the Summer School of Masters 2017 of the Faculty of Law of Moscow State University named after M.V. Lomonosov
28 August 2017
From 25 to 27 August 2017 at the Moscow State University named after M.V. Lomonosov, the Summer School of Masters took place, which this year for the tenth time brought together teachers of law schools and students, consultants and in-houses, masters and apprentices. KIAP Law Bureau acted as a partner of the event.
The Summer School program covered two intense days: the first day was held at the Faculty of Law of Moscow State University, where within the framework of four sections “Technologies”, “Legal Hack”, “Corporate Law” and “Courts”, students and alumni took part in master classes and practical classes conducted by practitioners from the largest Russian and foreign law firms.Anna Grishchenkova, partner of judicial practice and practice of international commercial arbitration at the KIAP law firm, spoke in the “Courts” section with the topic “Intuitive and rational decision-making systems and their impact on the outcome of the case.