Sentences with phrase «duciary duties to their client»

It's one of the single most feared (or even loathed) provisions of the Department of Labor's fiduciary rule for a large financial institution, because it dramatically raises the stakes of a potential systemic failure to fulfill the firm's fiduciary duty to clients, outside the relative safety of one - advisor - at - a-time arbitration (especially industry - friendly FINRA arbitration).

The only people who can legally call themselves «investment advisers» have a specific duty to their clients.

Bogle is very concerned about conflicts between an institutional managers» fiduciary duty to her clients and her duty to corporate management.

They were often small partnerships, which meant that the partners had a strong sense of personal responsibility and fiduciary duty to their clients.

This is someone who has a fiduciary duty to their clients (you) and not a company they work for.

In fact, a major heading in our Code of Ethics is our Duty to the Client, who is often a...

Another has been sort of ignored because it doesn't deal with Amazon even though it is yet another example of how some agents are potentially getting into a conflict of interest, or at least a very grey and murky area of fiduciary duty to their clients.

As a lawyer, I owed such a duty to my clients.

As a registered investment adviser, Bernie Madoff had a fiduciary duty to his clients.

The problem is that H&R Block has a fiduciary duty to its clients that it routinely disregards.

Second, since I have created my own firm, I owe a duty to my clients that they get my best insights, implicitly or explicitly.

(I'm going to bracket technical concerns about the implementation of the Recommendation, which really reduce to drafting matters — e.g., presumably the statement of principles will be drafted in such a way that it does not conflict with lawyers» duties to their clients (for example, presumably a criminal defence lawyer will not be put in a position where their representation of a client charged with or convicted of a hate crime is somehow a breach of the statement of principles).)

A contingency arrangement was not a true joint venture because the parties are not equal and the lawyer owes a fiduciary duty to the client.

As Justice Newbury points out, lawyer and client are not typical contracting parties and are not equal; among other things, the lawyer owes a fiduciary duty to the client, owes professional duties to the court, takes on most or all of the financial risk, and possesses expertise that the client lacks (para. 92).

Insurance Broking, including brokers» duties to clients on preparation of proposals, notification of insured events and other communications with underwriters; Underwriting decisions; Reports for insured parties and underwriters in cases where underwriters are seeking to avoid a policy; Disputes between insurers and reinsurers; and Personal insurance cover, including life and health insurance, residential property, PPI and motor claims.

Part of the lawyer's duty to a client is to educate the client about the nuances of the attorney - client relationship and the obligations of both lawyer and client to preserve that confidentiality.

We should more often qualify our duty to our client as a duty to justice in the first place.

To the extent the lawyers» desires to please (feed) themselves and please their management / compensation committees colour their duties to their clients, we need strong ethical requirements to put the clients» needs first.

It is professional misconduct for a lawyer or paralegal to act where their self - interest conflicts with their duties to their client without proper consent.

A court might find a continuing duty to the client that required more action by the attorney, or a court also might find that the statute of limitations had not begun to run because the relationship never officially was severed by either party.

Section 526 (a)(4), as written, prevents attorneys from fulfilling their duty to clients to give them appropriate and beneficial advice not otherwise prohibited by the Bankruptcy Code or other applicable law.

Courts also develop the fiduciary principles that govern lawyers in their duties to clients.

«This broad partisan duty to the client is essential to the proper functioning of the adversary system».

For example, when balancing their ethical duty to the client against not misleading the court, defence lawyers need to be courageous and have strength of character.

I am not alone in finding this holding incongruous with the profession and our duties to clients.

If a society wants to lawyers, other than prosecutors, to put any interest of others ahead of their duties to the client, then society will have to change the definition of a lawyer's duty.

On the civil side, lawyers for both plaintiff and defendant breach their duties to their client if they put the interest of justice, or some other person, ahead of their client interest without instructions from the client to do so.

However, if a lawyer does perform his or her duties to their client to the best of their ability and those efforts prove to be incompetent, should the lawyer be held responsible for his or her incompetence?

His panel, «Ethics Hour,» will discuss ethical questions and dilemmas that arise in the context of corporate restructuring litigation, the duty to be candid with a court, duties to the client, and potential exploitation of ethical rules governing lawyers by other parties - in - interest.

Lawyers have a duty to clients bounded by legality because lawyers work at the intersection between the person and the system of laws.

The specific question I was researching was when an attorney is retained to make a special appearance in place of counsel of record when counsel of record is unavailable for some reason, does the specially appearing attorney owe all the same duties to the client as he would if he were counsel of record?

Slater & Gordon says that its duties to its client trump those to shareholders, but I wonder how that would play out in reality.

It is apparent from the record before us that Mr. Robinson intentionally violated his duties to his client, the public, the legal system, and the legal profession.

The opponents raise many valid concerns that warrant further exploration, most significantly the risk to the public interest if a lawyer's duty to the client and her ethical obligations could be comprised by... [more]

Failing to address these issues properly puts the expert in breach of duty to the court to help the court on matters within the expert's expertise, in breach of duty to the client to use reasonable skill and care in providing his / her services in writing a report, and in breach of a professional duty.

Remember, your duties to your client in an action do not cease until you obtain an order that removes you as lawyer of record, or your client serves you a Notice of Change of Lawyer, Notice of Appointment of Lawyer, or a Notice of Intention to Act in Person.

The attorney had best ensure that he fulfills his duties to the client if he wants to avoid ethics problems.

With at best stagnant values since 2007, the lenders reaped the reward of poor lending decisions in the form of losses on repossession while solicitors pay the resultant claims if they have failed in their duty to those clients.

Under the hypothetical as we have framed it, the California attorneys may satisfy their obligations to their client in the manner in which they used [the Indian firm], but only if they have sufficient knowledge to supervise the outsourced work properly and they make sure the outsourcing does not compromise their other duties to their clients.

In adversarial proceedings, the lawyer has a duty to the client to raise fearlessly every issue, advance every argument and ask every question, however distasteful, that the lawyer thinks will help the client's case and to endeavour to obtain for the client the benefit of every remedy and defence authorized by law.

The duty to the client doesn't stop just because a case is not worth much or the difficulties are hard to overcome.

Even if it might lead to their own replacement, because of their duty to their client?

I consider an outcome that leaves my client satisfied, his case so effectively articulated that he feels vindicated and pleased, to be my duty to each client, my overriding goal and most fulfilling objective.

Comment 4 to Model Rule 3.5 helps clarify where attorneys need to draw a line when faced with a conflict between their possible personal right to expression and their duties to a client:

And, hovering over all, is our duty to our clients.

To me, these claims suggest that Reed Smith owed a fiduciary duty to its client to explain its fee structure, and to explore whether that fee structure was suitable for a smaller client.

We do not always need clear guidance or direction from the law societies when our professional discretion should be sufficient to make reasonable judgment calls as to how we can meet our duties to clients and to the courts.

Refunding several hundred thousand dollars may be a costly way to make this case go away, but it seems that cost of litigating it (and divulging its billing records or risking the creation of an explicit and heightened fiduciary duty to clients with respect to fees) are even higher.

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.»

However, what's not so obvious is the idea that tech - savvy attorneys are fulfilling an ethical duty to their clients.