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Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. [1] [2] [3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
Law practice management (LPM) is the management of a law practice. In the United States , law firms may be composed of a single attorney , of several attorneys, or of many attorneys, plus support staff such as paralegals/legal assistants , secretaries (including legal secretaries ), and other personnel.
But concurring opinions can sometimes be cited as a form of persuasive precedent (assuming the point of law is one on which there is no binding precedent already in effect). The conflict in views between a majority opinion and a concurring opinion can assist a lawyer in understanding the points of law articulated in the majority opinion.
Establishing a "test" (that is, a measurable standard that can be applied by courts in future decisions), such as the Oakes test (in Canadian law) or the Bolam test (in English law). Sometimes, with regard to a particular provision of a written constitution, only one court decision has been made.
Coupling this understanding of psychology with utility theory / economic game theory, attorneys can set the stage for adversarial parties to take actions that serve the attorneys’ plan. [13] At the same time, the attorneys must protect their own decision-making while retaining a degree of control over the evolving situation. [ 14 ]
The US law market is largely closed to Big Four firms because of rules about legal independence. KPMG is close to changing that by securing a unique license in Arizona to practice law.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and the case under appeal, perhaps overruling the previous case law by setting a new precedent of higher authority. This may happen several times as the case works its way through successive appeals.
Legal-project management meets traditional project management particularly in the area of electronic discovery. [5] E-discovery in particular has a set of regularized, repeatable, and measurable practices and has been subject to great cost-control pressure for the past few years, making it a specialty within law amenable to traditional project management.