...decision. Ethical decision making is an intricate process where individuals must consider impact of decisions or actions resulting from the decisions made on individuals or institution. The basis of ethical decision-making encompasses balance and choice (Levin & Mather, 2012). Law is one of the professions that demands practitioners to make ethical decisions to avoid messing up their clients and third parties. They are required to employ American Bar Association (ABA) Model Rules of Profession Conduct throughout their professional undertakings. In the paradigm case, Justin King is involved in an accident and this has resulted to lawsuit. The circumstances surrounding the incident call for due diligence from both defendant (Justin) and his legal team. As such, there are various issues affecting this situation. The first issue is whether the ethical duty of confidentiality applies to Justin’s situation. Various laws and regulations govern a lawyer’s conduct. As indicated earlier, ABA Model of Rules of Professional Conduct is a set of principles that governs the conduct of lawyers in their endeavors. To narrow it down, rule 1.6(a) of the ABA Model Rules of Professional Responsibility states, “A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).” ABA Model of Prof’l...
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...E. What are the criteria in considering the reasonableness of Attorney’s Fee? Sec. 24. Compensation of attorneys; agreement as to fees. - An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount to be paid therefor unless found by the court to be unconscionable or unreasonable. F. Discuss the Moral and Legail Issues Involved CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS. Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion on the merits and probable results of the client's case, neither overstating nor understating the prospects of the case. Rule 15.07. - A lawyer shall impress upon his client compliance with the laws and the principles of fairness. CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM. F.1. Moral Issue. The moral issue in the case is that Evie accepts the case even she knows that there is a little chance of...
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...Statement of Facts There was a wave of seemingly related murders ravaged the area of Flagstaff, Arizona. On March 14, 2009, Stewart retained the services of Careful and Cautious, LLP, during the initial consultation; Stewart told James Careful the following: “Well, Mr. Careful, the truth is that I’m behind the six recent murders in the area. I’m really a good guy and I hate to kill people. But sometimes, I just can’t help myself. I don’t want to continue killing people but these voices in my head… they’re just so logical and irresistible.” James Careful then contacted the local police and reported his conversation with Stewart. Stewart was arrested for capital murder. At trial, James Careful testified against him. Careful related the entire March 14 conversation to the jury. Stewart was eventually found guilty of six counts of capital murder and was sentenced to death. Issue The issue is whether or not Stewart can petition for a writ of habeas corpus and whether or not Mr. Careful violated the attorney-client confidentiality privilege. Rule The ABA Model Rules of Professional Conduct (ABA MPRC) has changed the landscape of attorney-client relations by creating an exception to confidentiality. Under the MRPC Rule 1.6(b) (1) a lawyer may "reveal" or "use" confidential information "to prevent reasonably certain death or substantial bodily harm.” McClure v. Thompson, 323 F.3d 1233 (9th Cir. Or. 2003) Petitioner sought habeas corpus relief pursuant to 28 U.S.C.S. § 2254 after...
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...Attorney-Client Confidentiality Paper The Court System CJS_220 February, 2013 The attorney-client confidentiality covers all communication between any person looking for legal advice and a lawyer, is protected legally because this type of communication is considered “privileged” and to be confidently. The disclosure of any information to third parties about any type of mention for what the issues are about with the case is strictly condoned. The attorney-client confidentiality is covered under all types of lawyers, or even attorney legal assistances for any kind of civil, criminal or even all information about marital divorce cases ("Understanding Lawyer Client Confidentiality", 2013). According to “The Basics of Attorney Client Privilege" (2013), the courts do have exceptions for upholding privilege information if the other person is put into great harm and that a judge may force disclosure over certain factors. There is also some information that will and cannot be covered under confidentiality or privilege information about committing or intent to commit fraud or a crime. The privilege is essential for communication, trust, and confidentiality between the client –lawyer relationship to work and because the lawyer needs to know any information concerning the case to help represent the facts of a case (Ch. 6, p. 161-162). According to “The Basics of Attorney Client Privilege” some states apply different attorney-client privilege laws and the government has...
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...DUTIES TO CLIENT Fiduciary Duty Attorney Must place the client’s interests above their own for representation and must treat the client fairly. Duty of Loyalty Attorney must pursue clients objectives unfettered by conflicting responsibilities or interests Duty of Diligence Attorney must pursue clients interests without undue delay Duty of Competence Attorney must give client competent representation legal knowledge, skill thoroughness and preparation Duty of Confidentiality from the 6th Amendment Right to Effective Counsel Duty of Confidentiality versus Attorney-Client Privilege The Attorney Client privilege is a shield in evidence which protects all documents created for the client during discovery....if a third party is present the privilege is lost. Work-Product Doctrine this extends to memorializations of conversations with 3rd parties, but not the actual conversations themselves. Anything produced/recorded in the process of and bearing on the legal representation of a client is protected (e.g. interviews, artifacts, documents, mental impressions...meaning ideas/thoughts, etc) POLICY: We want attorneys to record their impressions so they can have more sophisticated representation, therefore we protect it. BUT, if your opponent can show a substantial need for the material AND they show that they cannot get it in any other way....then you have to hand it over. The attorney-client privilege is thus stronger than work product (because WP can be...
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...The ethics rules governing conflicts of interest are based on the duties of loyalty and confidentiality. These duties are threatened when a paralegal has an interest that is adverse to a client’s, whether personal or business one. A lawyer is responsible for ensuring paralegal conflict of interest does not exist. p. 68. NALA code of ethics Canon 8 states a paralegal must disclose to his or her employer or prospective employer any pre-existing client or personal relationship that may conflict with the interests of the employer or perspective employer and/or their clients. p. 204. A long standing rule strongly disfavors gifts from clients to lawyers, therefore the same rule applies to a paralegal. The inherent conflict in a lawyer’s dual role of adviser to a client and recipient of a gift from a client establishes this disfavor. A paralegal should be aware of this conflict leading to a challenge to the gift or allegations of unethical conduct. Especially in the case of a substantial gift from an elderly or otherwise vulnerable client. The supervising attorney would recommend the client seek advice from an independent counsel and ask the paralegal to refrain from working on the gift document. A will or trust is potential for undue influence, fraud, and overreaching. Courts frequently void both inter vivos (during life) and testamentary (after death) cases, even without showing of undue influence. An attorney may be subject to discipline for accepting such gifts (ABA Model Rule 1...
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...Course Name: Intro to Legal Ethics Instructor: Brent Halbleib Assignment: Unit 3 Confidentiality and Attorney/Client Privilege Name: Donna Marie Brown Date: July 26, 2015 Possible Points: 100 Confidentiality and Attorney- Client Privilege Donna Marie Brown Kaplan University Confidentiality and the Alton Logan Case “Sometimes trying to make wrongful conviction right, creates an ethical tension for civil and criminal attorneys. With any kind of practice, but mostly with criminal defense, a lawyer may learn from a client that they committed a crime ascribed to someone else. When an innocent person is faced with conviction, imprisonment, or in some cases, the death penalty, and the attorney is mindful of the injustice occurring to a third party, the lawyer is still bound by the rules of confidentiality to honor their commitment to their client.” (Strutin, 2015) And this begins the case with Mr. Alton Logan. In 1982, Alton Logan was convicted of killing a security guard at a Chicago-area McDonalds. Even though the testimony that Logan was at home when the murder happened, the jury still found him guilty of first degree murder And to top it off, the two attorneys, Dale Coventry and Jamie Kunz, knew Logan was innocent. And how did this knowledge come about? Andrew Wilson, the attorneys’ client, admitted to the murder. The two attorneys who were representing Wilson, for killing two policemen, was told by Wilson that he was also guilty of killing the security guard at...
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...Graded Project Thinking Critically About Ethics By Mike Wilson, Esq. Reviewed by Brian Bastyr, Esq. All terms mentioned in this text that are known to be trademarks or service marks have been appropriately capitalized. Use of a term in this text should not be regarded as affecting the validity of any trademark or service mark. About the Author Mike Wilson is a freelance writer and college instructor who has had wide legal and educational experience. He graduated with his Bachelor of Arts degree in English from the University of Kentucky in 1976, and three years later received his law degree from the same school. He has been a partner in a law firm, a solo practitioner, and has done work in General and Family Mediation. He has also been a fulltime instructor in Paralegal Studies at Sullivan College, Kentucky. He was given the “Teacher of the Year” award in 1997. Mr. Wilson has published a number of papers on law-related topics in scholarly and popular journals. About the Reviewer Brian Bastyr is a senior attorney editor for West Group, a legal publishing company. He earned a bachelor’s degree at the University of Illinois, and a Juris Doctor from the University of Illinois College of Law. He is currently a member of the Illinois bar, and has published a number of articles in legal journals. Copyright © 2000 by Penn Foster, Inc. All rights reserved. No part of the material protected by this copyright may be reproduced or utilized in any form or by any means, electronic or mechanical...
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...only did the plaintiff fail to wear a helmet, he is also guilty of negligence because he punched LePuck in the face while Dunn had a hockey glove on his hand. It is well known in hockey that punching someone in the face with a hockey glove is equivalent to being punched in the face with brass knuckles. Since Dunn was negligent with his hockey glove when punching LePuck, LePuck had the right to use his stick to defend himself. In relation to self defense, the plaintiff intentionally tripped and punched the defendant without the defendants permissions, making it reasonable for the defendant to protect himself and hit Dunn with the hockey stick. In consideration of the law of comparative fault, the plaintiff’s injuries were the result of the legal fault of the plaintiff because the plaintiff is more than fifty percent legally at fault for the accident and damages he faced. In proving that Chris LePuck is not liable for any of the damages or injuries Pat Dunn incurred, five similar court cases were discovered. Allen v. Dover, Breanne Bennet V. Hidden Valley Golf and Ski, Inc, Dillworth v. Gambardella, The People of the State of New York v. John Freer and Magenity v. Dunn all prove Chris LePuck’s innocence. In the Allen v. Dover case from 2002, the plaintiff, Carol Allen was running to first base during a softball game when a softball struck her in the back of the head. Allen was not wearing a helmet and the league she was playing in did not require a helmet. Allen then sued the player...
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...COURSE DESCRIPTION This course provides a foundational perspective for ethics and social responsibility in relationship to individuals, organizations, and the community. Emphasis is placed on the inter-related nature of ethics, morality, legal responsibility, and social issues Week 1 - Topic 1: Ethical and Moral Perspectives Objectives Describe the difference between ethics and morality. Compare major ethical theories. Explain the relationship between virtue, values, and moral concepts. Materials Textbooks used in this course: EBOOK COLLECTION: Boylan, M. (2009). Basic ethics (2nd ed.). Upper Saddle River, NJ: Prentice Hall. EBOOK COLLECTION: Trevino, L.K. & Nelson, K.A. (2007). Managing business ethics: Straight talk about how to do it right (4th ed.). Hoboken, NJ: John Wiley & Sons. Readings for Week One: EBOOK COLLECTION: Chapter 6 of Basic Ethics EBOOK COLLECTION: Chapter 11 of Basic Ethics EBOOK COLLECTION: Chapter 12 of Basic Ethics EBOOK COLLECTION: Chapter 13 of Basic Ethics EBOOK COLLECTION: Chapter 10 of Basic Ethics ARTICLE: Week One Electronic Reserve Readings Other Materials for Week One: ETHICS GAME: Ethical Lens Inventory Assessment WEB LINK: Week One Individual Assignment: Ethics Essay Please see the instructor-issued syllabus for further details on individual and Learning Team assignments. Week 2 - Topic 1: Individual Responsibility in the Community Objectives Describe the responsibility of individuals to the community. Evaluate the...
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...20th May, 2014 Important Announcement Attention: Intermediate (IPC) and Final Course students- May 2015 examinations and onwards Subject: Revision of the syllabus for May 2015 examinations and onwards pursuant to enactment of the Companies Act, 2013 As students may be aware, the Companies Act, 2013 has been notified in the Official Gazette on 30th August, 2013 stating that different dates may be appointed for enforcement of different provisions of this Act through notification of the Central Government in this regard. Having regard to the above development, the Council at its 333th meeting, revised the syllabus in a comprehensive manner in the following papers of Intermediate (IPC) and Final Course(s) as annexed herewith (shown in Bold cum Italics): Intermediate (IPC) Course Paper 1: Accounting (Group I) Paper 2: Business Laws, Ethics and Communication (Group I) Paper 5: Advanced Accounting (Group II) Paper 6: Auditing and Assurance (Group II) Final Course Paper 3: Advanced Auditing and Professional Ethics (Group I) Paper 4: Corporate and Allied Laws (Group I) Director, Board of Studies Annexure SYLLABUS PAPER 1: ACCOUNTING (One paper – Three hours – 100 Marks) Level of Knowledge : Working Knowledge Objectives : (a) To lay a foundation for the preparation and presentation of financial statements, (b) To gain working knowledge of the principles and procedures of accounting and their application to different practical situations, (c) To gain the ability to solve simple problems...
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...Gay Marriage Insight SBS, 13/8/13 www.sbs.com.au/insight/episode/watchonline/563/gay-Marriage What topics in the Legal Studies syllabus does the article relate to?My chosen media file relates to the following topics in the legal studies syllabus.Part I: The Legal System * Basic legal concepts (values and ethics, nature of justice) * Conditions that give rise to law reform (changing social values)Part II: The Individual and the Law * The types of rights to which individuals are entitledPart III: The Law in Practice * Groups or individuals suffering from disadvantage (LGBT) * Individuals or groups in conflict with the state * The effectiveness of the legal and non-legal responses to this issue | What issues are raised in the article and why are they issues? Explain in detail. (This section should relate to the topics in the syllabus) (max 250 words) One of the most predominant issues put forth is if same-sex marriage is coincides with the many religious groups which makeup Australian society. The show presents the opinions of both leaders and members of Christianity, Judaism and Islam. The most prominent stand point of all these religions was that same-sex marriage is not permitted by their respective scriptures. However alternative interpretations were also provided by a Rabbi and a Sheikh, who believed that their religions support same sex marriage. It is very important to understand the various religious standpoints on gay and lesbian marriage in Australia...
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...272-0005 Cellular (I ANSWER MY PHONE) Email: mchilds@savannahtech.edu Office Hours: None Response Time Generally 24 hours ------------------------------------------------- Department Head Information Name: Brendan Ferrara Office: Savannah Campus Office Phone: (912) 443-5783 E-mail Address: bferrara@savannahtech.edu Office Hours: By Appt. ------------------------------------------------- Course Description This course introduces the study of contracts and other legal issues and obligations for businesses. Topics include: creation and evolution of laws, court decision processes, legal business structures, sales contracts, commercial papers, Uniform Commercial Code, and risk-bearing devices. ------------------------------------------------- Course Competencies Upon successful completion of this class, each student should be able to: Creation and Evolution of Laws Court Decision Processes Legal Business Structures Sales Contracts Commercial Papers Risk-Bearing Devices Uniform Commercial Code ------------------------------------------------- Required Materials Text: Law for Business, 18th ed. By Ashcroft & Ashcroft - ISBN 978-1-1335-8761-3 ------------------------------------------------- Evaluation Process All assignments must be typed. Assignments are due on the date provided by the...
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...Syllabus Certified General Accountants Association of Canada 100 – 4200 North Fraser Way Burnaby, British Columbia Canada V5J 5K7 www.cga-canada.org © CGA-Canada, 2013 All rights reserved. These materials or parts thereof may not be reproduced or used in any manner without the prior written permission of the Certified General Accountants Association of Canada. Printed in Canada ISBN for an individual volume: 978-1-55219-599-4 About CGA-CANADA _________________________________________ CGA-Canada today The CGA designation focuses on integrity, ethics, and the highest education requirements. Recognized as the country’s accounting business leaders, CGAs provide strategic counsel, financial leadership, and overall direction to all sectors of the Canadian economy. The Certified General Accountants Association of Canada — CGA-Canada — sets standards, develops education programs, publishes professional materials, advocates on public policy issues, and represents CGAs nationally and internationally. The Association represents 75,000 CGAs and students in Canada, Bermuda, the Caribbean, Hong Kong, and China. Mission CGA-Canada advances the interests of its members and the public through national and international representation and the establishment of professional standards, practices, and services. A proud history CGA-Canada was founded in Montréal in 1908 under the leadership of John Leslie, vicepresident of the Canadian Pacific Railway. From the beginning, its objective...
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...in the exact same manner. Yes, the answers on those sites will typically cost money, but the answers are not guaranteed to be right. And further, the free papers on those sites almost always have wrong answers. Do not use these sites! Avoid them! If you use them, citing them is not enough to overcome the copying stigma and violation of the policy. As one instructor of the course stated, "The majority of students who have been cited for Academic Integrity in my classes over the last 10 years have been because of their use of these websites – please remind students not to use them!" What should you do if you find one of DeVry’s assignments on the Web? Please send the link to your professor immediately so that we can ask the DeVry legal team to have it removed. The...
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