Sentences with phrase «by duty counsel»

(b) for professional services rendered by duty counsel before this Part comes into force if the accounts are submitted on or after that date; and

Not exact matches

Retrophin, Inc. («Retrophin» or the «Company»), by its counsel Cooley LLP, brings this Complaint against Martin Shkreli, its founder and former CEO, for repeatedly breaching his duty of loyalty to Retrophin.

This finding was substantiated by the Pension Funds» counsel, which concurred that divestment would not violate the Trustees» fiduciary duty.

Legislative attorney Cappy Weiner, in a May 12 letter, called comments made by former legislative counsel Langdon Chapman to a local weekly newspaper «inappropriate and a violation of your duty to a former client,» and Weiner insisted «no further comments be made contrary to the interest of the Ulster County Legislature.»

This week, MPs will vote on an amendment tabled by Dorries and Field that would give the NHS a duty to provide independent counselling to women seeking an abortion, from organisations that do not themselves provide abortions.

As a brief overview, the Management and Board have embarked upon a failed merger that garnered virtually no support from its shareholders, and was opposed by ISS, and continued on that path until the date of the special shareholders meeting and scheduled vote, spending lavishly in a failed effort to close it; attempted to implement substantial new options to itself, a plan opposed by ISS and the shareholders, which was withdrawn; continually paid itself outrageous sums of the shareholders money over the past three years; rejected highly qualified outside board members with deep, broad healthcare company experience supported by its shareholders; held many Board and Committee meetings with nothing to show for it; formed a new Strategic Transactions Committee that is highly paid but that has produced no deals for the shareholders to consider or for any outside valuation experts to formally review; spent lavishly on accountants, auditors and counsel; failed to successfully hire any outside professional negotiators and finally extinguish or remove the outstanding lease obligations; distributed no cash to the shareholders despite holding excess amounts; formed no special purpose entity to hold any royalty and milestone rights and payments for the benefit of its shareholders; and thus generally failed in its fiduciary duties to shareholders.

What if lawyers generally, not merely those within the exception allowing summary advice by e.g. duty counsel and from law clinics, were allowed to provide summary advice?

According to Serjeants Inn Chambers, the chambers of counsel for ARB, the case is the first wrongful birth claim founded on breach of contract rather than clinical negligence, and is a landmark case on the duties owed by IVF clinics.

Barristers who were not trial counsel but who are instructed to represent convicted defendants in the Criminal Division of the Court of Appeal have been given new guidance by the Bar Council's Ethics Committee on their duty to check the factual basis for the appeal or risk criticism and action by...

The Third Circuit in In re Bevill Bresler & Schulman Asset Management Corp., developed a five - part test (the Bevill test) to examine the merits of such an assertion by an individual employee against company counsel.50 Under this test, employees must show that (1) they approached corporate counsel for the purpose of seeking legal advice; (2) they made it clear that they were seeking advice in their individual capacity; (3) counsel sought to communicate with the employee in this individual capacity, mindful of the conflicts with its representation of the company; (4) the communications were confidential; and (5) the communications did not concern the employee's official duties or the general affairs of the company.51 The Bevill test has been recognised by other jurisdictions as a means of assessing whether a company employee may assert attorney — client privilege in an individual capacity arising out of communications with corporate counsel.52 (See also Chapter 13 on employee rights.)

11 It might have been preferable if the officer had confirmed that the accused had been satisfied with the advice given and did not wish to call anyone else, but there is a need for the accused to be reasonably diligent in exercising his right to speak to his own lawyer if he had one, or another lawyer, other than duty counsel and this was not done by the accused.

In Upjohn Co. v. United States, 6 the United States Supreme Court held that a company's attorney — client privilege extends to company counsel's communications with employees in certain prescribed circumstances.7 Rather than providing a simple objective test, the Upjohn court instead established five factors to guide courts in determining whether the company's privilege should extend to counsel's communications with its employees: (1) whether the communications were made by employees at the direction of superior officers of the company for the purpose of obtaining legal advice; (2) whether the communications contained information necessary for counsel to render legal advice, which was not otherwise available from «control group» management; (3) whether the matters communicated were within the scope of the employee's corporate duties; (4) whether the employee knew that the communications were for the purpose of the company obtaining legal advice; and (5) whether the communications were ordered to be kept confidential by the employee's superiors, including that the communications were considered confidential at the time and kept confidential subsequent to the interview.8 When these elements are established, courts generally consider communications between company counsel and an employee to be within the scope of the company's attorney — client privilege.9

CCH Conflicts of Interest Webinar on Professional Duties and Best Practices for In - House Counsel: A discussion of key case law and provincial law societies» rules on conflicts of interests, as well as special challenges and best practices for in - house counsel, co-presented by Lisa C. Fong and Kate Parisotto of Ng Ariss Fong and Madeleine Ménard of NAV Canada on November 21Counsel: A discussion of key case law and provincial law societies» rules on conflicts of interests, as well as special challenges and best practices for in - house counsel, co-presented by Lisa C. Fong and Kate Parisotto of Ng Ariss Fong and Madeleine Ménard of NAV Canada on November 21counsel, co-presented by Lisa C. Fong and Kate Parisotto of Ng Ariss Fong and Madeleine Ménard of NAV Canada on November 21, 2013.

The appointment of 13 provincial court judges, 32 Crown attorneys, 16 duty counsel (i.e. - lawyers who are paid by Legal Aid), and 26 court staff;

Defending technology company and its board of directors in multimillion dollar PA state court action brought by founder / consultant / shareholder alleging claims for breach of fiduciary duty, breach of contract, and rescission; prosecuting action in NJ federal court on behalf of executive terminated in breach of his employment agreement; defending companies and their majority owners in numerous state court actions throughout NY and NJ alleging breach of contract and fraud; defending company in connection with DOL investigation regarding misclassification of employees; defending health - tech entrepreneur in connection with DOL investigation regarding unemployment insurance fraud; counseling global company and its US subsidiary in connection with various employment law matters; and negotiating numerous separation agreements.

Duty counsel in British Columbia will take collective job action against the B.C. government starting in January and completely withdraw services after April from a system described by B.C. Trial Lawyers Association's legal aid committee co-chairman Phil Rankin as suffering from «atrophication that has been happening slowly like dementia» from continuous funding cuts.

The Chancellor also cited the administrators» counsel's reliance on the authority of Re Westmid Packing Services Limited, (no 2)(1998) 2 All ER 124 CA; to the effect that it is itself a breach of duty by the remaining directors to allow themselves to be dominated or bamboozled by one of their number.

RE: [63] Consultation and collaboration between counsel and expert witnesses is essential to ensure that the expert witness understands the duties reflected by rule 4.1.01 and contained in the Form 53 acknowledgment of expert's duty.

[63] Consultation and collaboration between counsel and expert witnesses is essential to ensure that the expert witness understands the duties reflected by rule 4.1.01 and contained in the Form 53 acknowledgment of expert's duty.

Currently, the Model Code of Professional Conduct rules include a duty to respect the tribunal, but fail to mention a similar duty to respect opposing counsel, which is actually one of the issues most frequently cited by SRLs.

The Committee concluded by acknowledging its considerable debt to those lawyers who had acted as duty counsel, «often at great personal sacrifice,» and observing that «the ends of justice are not well served when those counsel are subjected to unnecessary embarrassment and unwarranted criticism.»

The dissent was concerned about this point, accusing trial judges of externalizing their duty by shifting the responsibility to amici who assume the role of defence counsel (para 115).

«Lawyers who send documents in electronic form to opposing counsel have a duty to exercise reasonable care to ensure that metadata containing confidential information protected by the attorney client privilege and the work product doctrine is not disclosed during the transmission process.»

Through the Legal Services Society, funded by the government, the province also provided a family law line and extended duty counsel to allow the public to access the system and secure advice to resolve disputes in family law.

An inquiry committee has the right and duty to question witnesses through its counsel, and that questioning should take place at the end of questioning by all counsel.

It it occurs to me that this vision of advocacy — the lawyer as champion, resolutely engaged in battle within the confines of an obscure chivalric code — is perhaps incompatible with the broader duties owed by counsel in the context of family law disputes.

As I read the statement of claim, he alleges that this in turn has been construed by Department counsel to mean that, with respect to a statutory provision, «no advice is given to the Minister that he or she... has a duty to report to the House...» so long as:

Faria deepened her knowledge of family law practice by assisting Duty Counsel at the Ontario Court of Justice through PBSC's Family Law Project.

As one court put it, «a law firm's communication with in - house counsel is not protected by the attorney - client privilege if the communication implicates or creates a conflict between the law firm's fiduciary duties to itself and its duties to its client seeking to discover the communication.»

For example, attorneys have certain duties in communicating with third parties that non-lawyers do not possess, such as the duty already noted under RPC 4.2 (a) not to communicate with persons known to be represented by counsel without their counsel's consent, the duty under RPC 1.13 (a) to provide adequate warnings as to the lawyer's identity and role, and the duty under RPC 1.13 (b) to make disclosures and «climb the ladder» if wrongdoing is uncovered.

To obviate this from occurring and to assure the accused is properly supervised, counsel submits that this court may pursuant to s. 515 (4)(f) vary the bail conditions by adding a condition that the accused surrender into custody during the currency of the sureties vacation and that he be released back to the sureties upon the Justice of the Peace being satisfied that they have returned to this jurisdiction to assume their duties as sureties.

In rejecting this argument, the Court cited Daw v Intel Corporation [2007] ICR 1318, [2007] All ER (D) 96 (Feb) where it was held that the Hatton reference to counselling services did not make such services a panacea by which employers can discharge their duty of care in all cases.

In fact, during oral argument on the motion for summary judgment, Justice Schmidt allowed the plaintiff's counsel to supplement its written filings by presenting evidence to support each instance of an alleged breach of fiduciary duty.

Crown Counsel failed in its duty of disclosure by intentionally withholding relevant information despite repeated requests.

Presiding Disciplinary Judge The Presiding Disciplinary Judge presides over formal attorney discipline complaints filed by the Office of Attorney Regulation Counsel, among other duties.

The judge or justice of the peace will listen to the evidence and arguments presented by both the Crown and the accused (through his or her lawyer or duty counsel), and then make a decision on whether the accused should be let out on bail or not.

After the allegations have been presented by the Crown, the accused's lawyer or duty counsel has a chance to present evidence.

Duty counsel are lawyers provided by Legal Aid Ontario who can assist you on the day that you are in court.

Duty counsel can also assist you in chambers if the matter is simple, unopposed, or by consent.

Legal Aid Ontario says it's investigating a duty counsel who was admonished by a judge this week for his «yelling, angry, and rude» attitude with a Toronto woman on the night of her arrest, a behaviour that contributed to her acquittal this week.

8.5.1 It is the duty of counsel and solicitors in any pending appeal, if an event occurs which arguably disposes of the dispute between the parties, either to ensure that the appeal is withdrawn by consent or, if there is no agreement on that course, to bring the facts promptly to the attention of the Registrar and to seek directions.

(a) legal services or summary advice provided as a duty counsel under the Legal Aid Services Act, 1998 or through any other duty counsel or other advisory program operated by a not - for - profit organization;

Legal Advice Duty counsel are lawyers paid by the Legal Services Society to help lower income people with their family law problems.

Family Duty Counsel (PDF) Family Duty Counsel are lawyers paid by the Legal Services Society (Legal Aid) for up to three hours of free advice to help with family law issues.

Successfully represented various school boards at the Ontario Labour Relations Board in the decision that found ETFO to have engaged in an illegal strike by counseling its members in concert to refuse extra-curricular duties.

[16] The duty of counsel upon discovering that documents inadvertently provided to him are the subject of a claim of privilege by an opposing party is clear.

He found that the provision of a counselling service by the defendant did not discharge its duty of care because its use in this case could not have ameliorated that risk or helped the claimant to cope with it.

The reference to counselling services in Hatton does not make such services a panacea by which employers can discharge their duty of care in all cases.

Adoption of an approach to regulating conflicts of interest that diverges significantly from the Supreme Court's bright line test and interpretation of fiduciary duties might lead to lawyers being removed as counsel by a court even though they have complied with the rules set by law societies.

(5) Where the Corporation determines that a duty counsel has been overpaid by the Corporation for legal aid services, the Corporation may deduct the amount of the overpayment from any money payable by the Corporation to the duty counsel.