Sentences with phrase «act against the client»

Indeed, institutional clients have resources to retain many firms, and the retention of a single partner in any Canadian city can disqualify all other lawyers within the firm nation - wide from acting against that client.

Candour — A lawyer should advise an existing client before accepting a retainer that will require him to act against the client, even if he considers the situation to fall outside the scope of the bright line rule.

Worthy v World Wide Financial Services, Inc 192 Fed Appx 369 (July 28, 2006)(affirming decision to dismiss claims arising under federal Truth - in - Lending Act and Michigan's Secondary Mortgage Loan Act against client)

take any other action that is not at the direction of the client, or may be construed as acting against the client's wishes; even if the strata manager believes that these actions are in the best interest of the strata corporation.

Not exact matches

If a client seeks their lawyer's advice on a matter that could be illegal or expose them to criminal liability, and the client uses the advice to commit a crime or act of fraud, the attorney could be asked to testify against their client.

In remarks at the AARP on Monday, Obama stressed the importance of imposing a cohesive standard mandating that all brokers and advisors working in the retirement space act in their clients» best interests to guard against conflicted advice that could harm investors.

Few would argue against the idea that all advisers should act in their clients» best interests.

Domestically, we continue to act against non-conforming products, conducting tests and spot audits to protect consumers and support clients who comply with the Australian Certified Organic Standard.

Laufer also called Friday's public disclosure of her secret memo «a highly prejudicial and perhaps politically - motivated act» and threatened reprisal, saying: «I specifically reserve all of my clients» rights and remedies to pursue action against you and your office.»

Our client, however, remains undeterred by the desperate efforts of some individuals to intimidate him and bend his will and rights against the constitutional provisions, the framework of Nigeria Police Force Act and the laws of the land.

The litany of warnings against unauthorized firms soliciting clients in its jurisdiction eventually prompted the regulator to act, with the Belgian government opting to completely ban retail online trading in FX, binary options, and CFDs.

The client also acts as a social platform to let players share their progress and play against each other.

When a former client accused him of acting in conflict of interest, lawyer Williams Hoskinson brought an action against the client, Rodney Slagter, on the basis that he never acted for Slagter and his company.

Comment 16 to the rule requires a lawyer to «act competently to safeguard information relating to the representation of a client against inadvertent or unauthorized disclosure by the lawyer or other persons who are participating in the representation of the client or who are subject to the lawyer's supervision.»

The tribunal disbarred Hoskinson after finding him guilty of conflict of interest, acting against a former client, and attempting to subvert a law society investigation by misleading investigators.

Due to the approach of the market, we are able to provide advice on the possibilities and challenges when acting for or against clients having their case financed by litigation funders.

Mesa Law Firm successfully represented its client in a commercial litigation matter against a large credit card company involving claims of breach of contract, violation of Florida Consumer Collection Practices Act and slander of credit.

We provide services to our clients regarding Federal, New Jersey and New York statutes, including: Family and Medical Leave Act, the Fair Labor Standards Act, Americans with Disabilities Act, Worker Adjustment and Retraining Notification Act, National Labor Relations Act, Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act, Occupational Safety and Health Act, New Jersey Law Against Discrimination, Conscientious Employee Protection Act, New Jersey Family Leave Act, Civil Rights, ERISA, and Wage and Hour Law.

In a dispute between a subcontractor and contractor (2017 ONSC 4417), the solicitor for the subcontractor negligently failed to advise his client to commence an action against the contractor's director under s. 13 of the Construction Lien Act.

The group's recent work includes acting for an individual in a claim against a solicitor who had misappropriated a portion of the client's damages following a previous clinical negligence claim, handling a claim relating to negligent conveyancing, and representing an individual against a firm of solicitors that failed to prepare a will in reasonable time.

The fine, the largest ever made by the SDT against a single firm, relates to a 2014 High Court case that saw White & Case blocked from acting for Ukrainian client Victor Pinchuk after it failed to identify a conflict of interest.

In some cases, it is simply not reasonable for a client to claim that it expected a law firm to owe it exclusive loyalty and to refrain from acting against it in unrelated matters.

[37] Finally, the bright line rule does not apply in circumstances where it is unreasonable for a client to expect that its law firm will not act against it in unrelated matters.

How is one to reconcile the potential conflict between the overriding duty of good faith to the firm against the professional obligation to act in the best interests of the client, at all times?

In his Judgment, Justice Burnett of the Divisional Court held that the «no real risk» test laid down in by the House of Lords in Bolkiah v KPMG [1999] 2 AC 222 was inapplicable since it was ``... inappropriate to equate a public body exercising statutory powers in connection with suspected crime with a solicitor who proposes to act against his former client.»

Is it reasonable for the existing client to expect that the law firm will not act against it in unrelated matters.

So a law firm can not accept a retainer to act against a current client on a matter unrelated to the client's existing files.

If the answer is yes, simultaneously acting for and against a client in legal matters will generally result in a breach of the bright line rule, and the law firm can not accept the new retainer unless the clients involved grant their informed consent.

The claimant solicitors received civil legal aid funding while acting for clients in appeals against homelessness decisions under s 204 of the Housing Act 1996 (HA 1996)(s 204 appeals).

Sole practitioners are not required to carry Innocent Party coverage; however if you choose not to purchase this coverage, you should appreciate that your policy will NOT protect you or your clients against the dishonest, fraudulent, criminal or malicious acts or omissions of former partners, associates, and employed lawyers.

Occasionally, a client who has suffered a loss due to the dishonest, fraudulent, criminal or malicious acts or omissions of a lawyer is successful in advancing a claim against one or more associates, partners or co-shareholders of that lawyer.

Notable examples include acting for accountants in long - running litigation arising out of a failed tax avoidance scheme; acting for the developer and manufacturer of an offshore drilling system following an accident in operation; representing one of the Defendants in Novoship v Mikhaylyuk & Others, concerning allegations of bribery and secret profits; appearing in a substantial LCIA arbitration about the theft of oil stocks in East Africa;, successfully representing a broker in litigation against a former client under a futures brokerage contract in Sucden v Fluxo - Cane [2010] 2 CLC 216; and The «Ekha» [2011] 1 All ER Comm 1077, long - running litigation in the Commercial Court and Court of Appeal about an offshore drilling contract.

Notable mandates: Represent the plaintiffs in a proposed class action against provincial law enforcement agencies regarding allegedly negligent use of breathalyzer machines; acts for hundreds of pre-sale contract holders with various condominium developments who are disputing their requirement to close under consumer protection laws; defended a law firm in a four - week hearing over enforcement of a significant contingency fee agreement; acted for a number of clients in online defamation cases

She has acted for clients in contractual disputes and negligence claims in a variety of sectors and has acted on a number of professional negligence disputes including a significant claim against a global accountancy practice.

Examples of his recent case - load are: led by Ed Pepperall QC in a large - scale action arising from a defective share sale; defended solicitors from allegations arising from property transactions, including alleged breaches of the Etridge guidance; acting for a claimant against solicitors who negligently handled his litigation; defending an IFA from allegations of inappropriately risky investment advice; acting for solicitors claiming contributions from another firm in respect of their own liability for breach of trust; advising clients on a claim against surveyors for losses arising from negligent property valuations.

We have defended clients against allegations of insider trading; money laundering; health care, securities, accounting and government contracts fraud; violations of the Foreign Corrupt Practices Act; Anti-kickback Statute and False Claims Act; criminal environmental violations; criminal antitrust violations; and violations of other statutes.

Lida Rodriguez - Taseff, one of the lawyers representing Joseph, told the Post-Gazette that her client is protected by the federal Communications Decency Act, which immunizes Web hosts against liability for messages posted by others.

It also limited the rule so it only applies where the new representation is directly adverse to the immediate legal interests of the client and where it would not be «unreasonable for a client to expect that its law firm will not act against it in unrelated matters.»

Another element of the duty of loyalty is the duty not to act against the interests of a current client, even on an unrelated matter: R. v. Neil [2002] 3 S.C.R. 631, Strother v. 3464920 Canada Inc., 2007 SCC 24 and Wallace v. Canadian National Railway, 2013 SCC 39.

[16] A lawyer must act competently to safeguard information relating to the representation of a client against inadvertent or unauthorized disclosure by the lawyer or other persons who are participating in the representation of the client or who are subject to the lawyer's supervision.

In a case brought by the Solicitors Regulation Authority (SRA), the partners of Clyde and Co solicitors admitted they allowed a client account to be used as a banking facility, acting against SRA accounting rules and in breach of existing obligations under the then - current money laundering regulations (2007).

Despite the above requirements, the temporary help agency is primarily responsible for an assignment employee's wages, but proceedings against the agency under this Act do not have to be exhausted before proceedings may be commenced to collect wages from the client of the agency.

A litigator must act in their client's interest, even if that goes against their personal views or ethics.

Among other areas, our litigation experience in the environmental area includes governmental and private - party actions under CERCLA (including serving as lead counsel for PRP groups at major Superfund sites throughout the United States), citizen suits under RCRA, the Clean Water Act and other environmental laws, claims for property damage and personal injury arising from industrial emissions or environmental contamination, and defending clients against state and federal governmental enforcement actions.

The reversal of a $ 82 million judgment against Renal Care Group, our client in a False Claims Act case before the Sixth Circuit, in what was described as the most significant FCA case of 2012 in the country.

Won summary judgment dismissing a Texas Uniform Fraudulent Transfer Act suit filed against a Texas - based, public accounting and advisory services company in which the plaintiff alleged our client was the wrongful recipient of over $ 1.8 million worth of client information and company goodwill.

I now have Justice Lax in McKenna v. Gammon Gold Inc. to back me up when she ruled that Siskinds should not be disqualified for a conflict of interest from prosecuting a class action against an underwriting subsidiary of a client bank that it acts for in separate matters.

The practice also regularly handles matters in federal and state courts throughout the United States, and has defended clients against allegations of health - care fraud, insider trading, securities, accounting and government contracts fraud; violations of the Foreign Corrupt Practices Act; criminal environmental violations; criminal antitrust violations; and money laundering.

She was also instrumental in obtaining dismissal, after an evidentiary hearing, of a plaintiff's $ 40 million claim against a hospital client for damages under the federal Emergency Medical Treatment and Active Labor Act.

Defending our clients against these claims has also brought into play our experience and skill in other legal areas, such as landlord and tenant law and consumer protection acts.