...Professor Lande Negotiation Self Assessment- Negotiation of the Partnership Agreement Between Casey and Robin Introduction: During Casey and Robin’s negotiation over the partnership agreement, my role was to serve as Casey’s attorney. Ultimately both sides were able to reach a deal, so I was at least effective enough to help my client reach an agreement on terms that were acceptable to him. However, despite our overall success, I realize there are a few areas in particular where I have room for improvement. Simply because it worked out in the end in this negotiation does not mean I will be so fortunate in the future. Specifically, there are two key aspects of this negotiation where I did not feel completely comfortable with my performance, even though I do believe I did some things well with respect to these issues. One part of the negotiation which will be the focus of my self assessment is how I struggled with setting my client’s expectations in our final meeting before the negotiation. How well lawyers handle the balancing act of setting clients’ expectations is an important factor in determining how a client thinks you performed, thus I think it is important that I analyze my performance in this area. The other area I will focus my self assessment on is how well I utilized the various negotiation approaches, and whether the ones I implemented at various times throughout the negotiation were appropriate for the circumstances. Throughout the negotiation we...
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...hear the case, victims and defendants who are having their sides of their story told for vindication or punishment. (Meyer, Grant 2003). A prosecuting attorney has the trusting responsibility of preparing and presenting cases on behalf of societies on federal and state levels. In these cases, society is the victim of the wrongdoing and the accusers are confronted by the governments ‘ministers of justice’ whose purpose is to ensure the guilty are punished for their crimes and the innocent are protected from unjustified prosecution. There are different types of prosecuting attorneys that are selected in a variety of ways. The U.S. Attorney General holds the highest ranking position of law enforcement in the country. Selected by the president of the United States, this position is confirmed by the senate. The Attorney General has no set term to serve and does so at the pleasure of the sitting president currently holding that office. Of the 94 federal judicial districts, an attorney general is appointed to each to act as the chief prosecuting attorney. At the state and county levels, district attorneys are mostly elected into their positions by the voting process while a few states choose to have their D.A.’s appointed by that states governor. (Meyer, Grant 2003). The defense attorney has the role of providing their clients with a defense good enough to win a favorable verdict in the case brought...
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...Ethical and Moral Issues in Business Dawn Sandell Robbins MGT/216 February 14, 2011 Carolyn Flynn Ethical and Moral Issues in Business The words ethical and moral are often considered as being one in the same. Although the meaning may be closely related in some aspects, the two have different meanings. While something may be ethical or legal, it may conflict with one’s personal beliefs and morals. It’s hard to imagine that one might not know right from wrong. Honestly, think about it. Are we not molded and nurtured to know what is socially acceptable? Were we not brought up knowing that it is wrong to lie, cheat, and steal? In this paper, I will define the differences between ethical issues and moral issues as well as the difference between personal ethics and business ethics. Ethics can be defined as the principles, norms, and standards of conduct that govern an individual or group in which focus is on conduct (Trevino, Nelson 2007). Ethics is considered to be a science of conduct by many philosophers and is the ground rules by which we live our lives. The rules, code of conduct, policy or handbook is typically a written form of the ethics in which a business expects its employees to follow and behave. Generally these rules are what most would consider normal rights and wrongs, dos and don’ts. An ethical issue might be a situation that concerns right and wrong where values are in conflict (Trevino, Nelson 2007). As mentioned in the opening of this...
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...Legal Content Managed Service Legal Content Management Services Overview • Most firms now have established Records Management departments, but many RM programs haven’t moved beyond managing paper into the electronic world, nor have they implemented and enforced formal policies and retention schedules. Attorneys in many firms still have the freedom to set their own rules for controlling and managing records. In many cases, organizations are still struggling to gain control over records that haven’t been systematically managed since the day the firm opened. • For many years now though, firms have been reducing their reliance on paper records and increasing their reliance on electronic formats. Today’s law firm is a hybrid environment of hard copy and electronic records as it attempts to migrate over time to a “reduced” paper environment. An effective LCM program therefore, has to keep pace with changing technology and an increased reliance on electronic records, while recognizing that managing paper records is still a major component of the RIM operation and will continue to be so for years to come. • There is a need for a well-documented and enforced LCM program that adds consistency, compliance and structure to the enormous volumes of records and media created and received in law firms on a daily basis. A managed LCM program will help firms gain control of, improve access to and effectively manage this huge amount of information as it moves and is captured throughout the...
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...© 2008 Reed International Books Australia Pty Limited trading as LexisNexis Permission to download and make copies for classroom use is granted. Reproducing or distributing any material from this website for any other purpose requires written permission from the Publisher. © 2009 Reed International Books Australia Pty Limited trading as LexisNexis: Ancillary for Financial Planning in Australia, 3rd ed., by Taylor, Juchau, Houterman Financial Planning in Australia CHAPTER 18 — ESTATE PLANNING — CORE PRINCIPLES AND PRACTICE Solutions to Questions Question 1 The seven steps in the estate planning process are: 1 2 3 4 5 6 7 Identify and prioritise the client’s objectives. Assess the current and likely future circumstances. Ascertain adequacy of short- and long-term funding. Assess and identify problems. Formulate the strategy. Implement the plan. Ongoing review. Question 2 Individuals control their wealth either directly through their direct, personal ownership or through intermediate structures or arrangements such as companies, trusts, partnerships, joint ventures or other comparable enterprises. Estate Asset Testamentary Asset, eg solely owned asset Non Testamentary Asset Jointly owned asset Life, ‘TPD’, Trauma or other Insurance Likely Decision-maker Willmaker Likely Governing Document Will Legal owner of property, eg Governing document of company or trustee estate structure Surviving joint owner Policy owner or nominated beneficiary Surviving joint owner’s Will Insurance...
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...Among the ten generally accepted auditing standards is the standard that requires an auditor to have independence in mental attitude. As with so many rules and guidelines set forth by the government and numerous other organizations, the interpretations of many of these rules can be vastly subjective. During the case against Health Management’s founder Clifford Hotte, his co conspirators and the auditors at BDO Seidman the defendant’s attorney Michael Young brought forth the idea that according to the generally accepted auditing standards that requires an independence of mental attitude it never formally states that a friendship between an auditor and the client is be completely prohibited. The dilemma with deciphering the interpretation of the standard is determining where the line should be drawn between these relationships and the auditor’s ability to maintain these relationships and the independence considered necessary to give an unbiased opinion when it comes time to write a report that is unprejudiced and reliable to the public and investors at large. Let us begin with Health Management’s CEO Clifford Hotte and CFO Drew Bergman’s 1995 inventory fraud scandal by which author Michael C. Knapp’s assertion could be considered as one of the least ingenious corporate fraud scams to date. The objective was to increase inventory as well as make minor adjustments to a small number of other accounts in order to reach the companies target earnings as reported by analysts previously...
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...By Speed Post NHB/ND/DRS/Pol-No. 33/2010-11 October 11, 2010 All Registered Housing Finance Companies Dear Sir, GUIDELINES ON ‘ KNOW YOUR CUSTOMER’ & ‘ANTI MONEY LAUNDEERNG MEASURES’ FOR HFCs Please refer to our Circular NHB(ND)/DRS/POL. No. 13/2006 dated April 10, 2006 and circulars issued subsequent thereto from time to time on the above subject advising Housing Finance Companies (HFCs) to ensure that a proper policy framework on ‘Know Your Customer‘ and ‘Anti money Laundering Measures’ is put in place with the approval of their Board. In this connection we wish to inform that the said Guidelines have since been reviewed in the light of subsequent developments including amendments in the Prevention of Money Laundering Act and Rules framed there under.The revised Guidelines on ‘Know Your Customer‘ and ‘Anti money Laundering Measures’ that are to be followed are enclosed. HFCs are advised to amend their existing policy framework keeping the above Guidelines in view with the approval of their Board within one month from the date of issue of this circular and ensure their strict compliance. A copy of the modified policy should be sent to the National Housing Bank. Please acknowledge receipt. Yours faithfully, (R.S.Garg) General Manager Department of Regulation and Supervision Annexure : Guidelines on ‘Know Your Customer’ and ‘Anti Money Lending Measures’. GUIDELINES ON ‘KNOW YOUR CUSTOMER’ AND ANTI-MONEY LAUNDERING MEASURES 'Know Your Customer' Guidelines The objective of ‘Know...
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...providing them with organized and responsive management, we can become the home health care/social service agency of choice in Orlando, FL. Assured & Associates will be created as a Limited Liability Company based in Orange County. owned by its principal investors and principal operators. The initial office will be established in quality office space at 1800 Pembrook Drive in Orlando, FL which is the heart of Orlando. Pembrook Commons is located close to a hospital facility, which will serve as referral bases for our agency. Consumers of our services will be those individuals and families in need of home health care and/or social services. These patients are usually referred by other health care professionals such as physicians, attorneys, insurance companies and health care facilities. Our agency has already developed an excellent reputation with many of these professionals, through the work of our Registered Nurse, who has been providing home health care services for the past twenty years. Our agency must be licensed by the State of Florida and our services reimbursed by Medicare, Medicaid and other private insurance carriers. The process for licensure and insurance certification has already been initiated and we are well on our way to meeting the regulations and guidelines for providing home health care and social services to patients in Orlando, FL There are currently no other Home Health Care agencies that specialize in treating spinal cord and brain injury patients...
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...Resolution Paper Table of Contents I. Executive Summary……………………………………………………………………………3 II. What is a conflict?....................................................................................................................3 III. History………………………………………………………….………………………………..3 IV. Conflict………………………………………………………………….………………………4 V. Objective………………………………………………………………………….……………..6 VI. Proposed solutions……………………………………………………………………………7 I. Executive Summary This research paper examines the most effective way to manage conflicts in an organization. Paychex Inc. has been very successful over the years. During this year Theodore Flipper has noticed several clients has terminated their contracts with the organization due to our price increase. Since we lost clients we have been experiencing financial problems. The CEO of Paychex hired Gary Martin to straighten out the financial issues. Gary Martin has a successful background operating as Operations Manager with 25 companies over the last thirty years of his career. Every company he worked from has high reviews of about Gary. The operations area of Paychex, Inc. has been experiencing conflicts with Gary and his assistant manager, Jerry, ever since came to the organization. They can’t seem to come to an agreement on anything they discuss. Now, a meditator is onboard to help aide in these conflicts. II. What is a conflict? A conflict is a disagreement, fight, war or battle among two or...
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...Republic of the Philippines SUPREME COURT Manila SECOND DIVISION G.R. No. 100113 September 3, 1991 RENATO CAYETANO, petitioner, vs. CHRISTIAN MONSOD, HON. JOVITO R. SALONGA, COMMISSION ON APPOINTMENT, and HON. GUILLERMO CARAGUE, in his capacity as Secretary of Budget and Management, respondents. Renato L. Cayetano for and in his own behalf. Sabina E. Acut, Jr. and Mylene Garcia-Albano co-counsel for petitioner. PARAS, J.:p We are faced here with a controversy of far-reaching proportions. While ostensibly only legal issues are involved, the Court's decision in this case would indubitably have a profound effect on the political aspect of our national existence. The 1987 Constitution provides in Section 1 (1), Article IX-C: There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding -elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. (Emphasis supplied) The aforequoted provision is patterned after Section l(l), Article XII-C of the 1973 Constitution which similarly provides: There shall be an independent Commission on Elections composed of a Chairman and eight Commissioners who...
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...requirements. To learn more, visit www.tryxbrl.com. FIDUCIARY DUTIES AND OTHER RESPONSIBILITIES OF CORPORATE DIRECTORS AND OFFICERS MORRISON & FOERSTER LLP Christopher M. Forrester Celeste S. Ferber RR Donnelley Global Capital Markets Copyright© 2008 Morrison & Foerster LLP (No claim to original U.S. Government works) All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Morrison & Foerster LLP. This publication reflects the views of its authors only and does not necessarily reflect the views of Morrison & Foerster LLP or any of its clients. Because this publication is intended to convey only general information, it may not be applicable in all situations and should...
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...manager’s first concern is developing a comprehensive understanding of the client, a client-centric approach to providing financial solutions. Next the wealth manager must match the right solutions to the client’s needs and desires and ensure he or she receives an exceptional service experience. After that, product and service sales opportunities will naturally follow. Making the transition is clearly a trade-off between short-term results and long-term success. Financial security through goals-based wealth management. As a wealth manager with Merrill Lynch, the emphasis would be on marketing and looking for ways to help clients with a broad array of financial capabilities. The objective is to help clients achieve their goals and dreams, whether it’s living in luxury, providing charitable contributions and/or leaving a legacy for family and friends; consult and advise clients how to best save and structure their investments to reach their goals. 1. What would your specific goals be for new assets under management? a. Year 1 – 10 Million of Assets Under Management ( 10 qualified contacts per day, 1-2 new accounts per week ). b. Year 2 – 20 Million of Assets Under Management ( 20 qualified contacts per day, 2-3 new accounts per week ). c. Year 3 – 30 Million of Assets Under Management ( 30 qualified contacts per day, 3-5 new accounts per week ). 2. What would your value proposition be to a prospective client? Financial planning will become a more important part of financial...
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...contribution is evidenced by my passion for criminal justice and the understanding of my protective capacity. Being currently employed as a Family Court Paralegal (Child Support Division/Juvenile Delinquency) has prepared me for the next step of obtaining my doctorate. Daily I am collecting, retrieving, and analyzing information, drafting, filing, and serving legal documents such as discovery and motions as well as managing and organizing cases. Deciding to return back to school is never an easy decision, but I believe I can one day contribute to the future minds that wish to study criminology. I recently had a daughter and I often think about the society in which she is now a member. The other day I voted and I took my daughter along to witness our beautiful system of democracy at work. I am interested in graduate school to advance my career and to obtain the additional skills to empower a world unknown of its ability. In October of 2010, I had to honor to help the attorney I was working with in assisting her with a Continuing Legal Education (CLE) to present to the other attorneys for their quarterly training. In 2011 I was a recipient of the NYC Law Department Legal Assistant Achievement Award and Certified Commissioner of Deeds for the City of New York. • Academic Experience When I matriculated into Virginia Union University, I picked a general major of Business Administration and Management. I remember my senior year, my roommate who was a Criminology Criminal Justice major...
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...G.R. No. 100113 September 3, 1991 RENATO CAYETANO, petitioner, vs. CHRISTIAN MONSOD, HON. JOVITO R. SALONGA, COMMISSION ON APPOINTMENT, and HON. GUILLERMO CARAGUE, in his capacity as Secretary of Budget and Management, respondents. Renato L. Cayetano for and in his own behalf. Sabina E. Acut, Jr. and Mylene Garcia-Albano co-counsel for petitioner. PARAS, J.:p We are faced here with a controversy of far-reaching proportions. While ostensibly only legal issues are involved, the Court's decision in this case would indubitably have a profound effect on the political aspect of our national existence. The 1987 Constitution provides in Section 1 (1), Article IX-C: There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding -elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. (Emphasis supplied) The aforequoted provision is patterned after Section l(l), Article XII-C of the 1973 Constitution which similarly provides: There shall be an independent Commission on Elections composed of a Chairman and eight Commissioners who shall be natural-born citizens of the Philippines and, at the time of their...
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...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, Lexington, KY, where he has taught such classes as Legal Research, Advanced Legal Writing and Appellate Practice, and Wills and Estates. He was given the “Teacher of the Year” award in 1997. Mr. Wilson has also had a number of papers published on legal topics in both 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. 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. Copyright © 2015 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, including photocopying...
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