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.
Not exact matches
A volunteer skeleton staff remains
on duty in case a
client needs help, but everyone else gets
to kick back in relax.
The memo, obtained by Bloomberg News, makes the case for a Labor Department regulation that would impose a fiduciary
duty on brokers handling retirement accounts, requiring them
to act in their
clients» best interest.
In the section
on «
Duty to Provide Advice That Is in the
Client's Best Interest,» the proposal states:
While the SEC considers whether
to extend a fiduciary
duty to all advice givers, and the Department of Labor forges ahead
on its revised definition of fiduciary, HighTower has moved ahead
on its own, wrapping a strict fiduciary standard into a business model that meets
client needs while giving top Wall Street brokers an innovative home from which
to serve those
clients and grow their individual businesses.
With the implementation date of the Department of Labor's fiduciary rule looming large in April, all attention has been focused
on how financial advisors and their Financial Institutions are making adjustments
to manage their compensation conflicts of interest,
to avoid breaching the fiduciary's fundamental
duty of loyalty
to act in the
client's best interests.
Any adviser that makes a recommendation based
on technical analysis will have a hard time making a straight - faced argument
to clients (or a court) that they fulfilled their fiduciary
duties.
While the Department of Labor has not provided specific guidance about exactly how advisors fulfill fiduciary
duties while making investment recommendations, we think it means advisors need
to rely
on research that is (1) un-conflicted and (2) inarguably in the best interest of
clients.
This case turns
on the
duty of integrity owed by Barclays
to its
clients.
«In the light of the pending case including our
client's motion for interlocutory injunction, Your Lordship is under clear
duty to stay action
on the activities of your commission until the pending case is determined.
-- Personally analyzed over 13,000 consumer credit reports for
clients — Register and Bonded
to perform these
duties — Educational Instructor For Kaplan University — Texas Real - Estate Commission MCE Educational provider — Ebby Halliday Instructor — Fair Credit Reporting Act Certified by the Consumer Data Industry Association — Numerous Guest appearances
on local Dallas / Ft Worth TV News Programs — Credit Article Source for: AOL Finance, Credit Cards.com, Bankrate.com, Dun & Bradstreet among many others.
I would advise
clients to always obtain their own inspection report as I believe there was an Ontario court ruling some years ago that a buyer can not rely
on an inspection report prepared for a seller and therefore there is no recourse against the inspector and no fiduciary
duty required from the sellers inspector.
Duties include: Perform 30
to 35 high - quality spay / neuter surgeries per work day
on dogs, cats and rabbits Manage a team of three veterinary technicians Oversee volunteers assisting with clinics Document
client communication and surgical notes
on a Web - based records system Address any post-op complications or concerns by
clients in a professional and timely manner Maintain and troubleshoot surgery equipment and vehicle equipment Attend staff and doctors» meetings monthly
«While Call of
Duty: WWII clearly had a great holiday, which likely sets up strong franchise live services revenue in 2018, Destiny 2 is struggling right now with player engagement appearing
to be
on the wane,» analyst Doug Creutz wrote in a note
to clients Tuesday entitled «Destiny is Not in a Good Place.»
Timothy O'Shea, senior vice president at Jefferies, sent a note
to clients stating that «We see a buying opportunity as Activision Blizzard shares have traded down ~ 11 % in the past week
on fears Epic's mega-hit Fortnite could siphon engagement & monetization away from games like Call of
Duty, potentially pressuring near - term results.»
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).
I agree with J.G. that the questions are good but may flow better divided into categories such as: legal practice licencing: character, competence and ethics,
duties and limits
to client, court and profession; scope, roles and rules
on virtual services and fees, responsibility and regulation, malpractice and compensation, etc..
Lawyers have voluntarily agreed
to duties and responsibilities undertaken
on behalf of their
clients.
Some legal experts agree with the opinion's emphasis
on describing the broad nature of a lawyer's
duty to protect confidential
client information.
Equity also imposed a
duty of fairness
on solicitors in contracting with
clients, requiring the solicitor
to establish, for example, that the
client understood the agreement, that the price was reasonable, and «that the transaction was in all respects fair, and such as an independent solicitor who had performed his
duty, would have advised his
client to enter into.»
For instance, based
on the European system of prevention of money laundering and terrorist financing, financial institutions have
to monitor the transactions of all their
clients and have the
duty to report suspicious transactions.
In August 2011, the American Bar Association Standing Committee
on Ethics and Professional Responsibility issued Formal Opinion 11 - 459 relating
to a lawyer's
duty to protect the confidentiality of electronic communications with
clients.
Based
on those facts, the question for the ethics committee was whether Lawyer B had a
duty to safeguard the
client information relayed by Lawyer A.
Furthermore, Proclaim will eliminate a number of administrative
duties including document production, and will enable staff
to focus
on building strong
client relationships.
The opinion goes so far as
to note that a lawyer who becomes aware that the
client is receiving personal email
on a workplace computer or other device owned or controlled by the employer has a
duty to warn that this practice should be discontinued.
Seen in context, it's clear that paragraph 8 of the commentary
to section 6.3.1 (3) doesn't impose a
duty on lawyers
to promote equality, it does impose an obligation
on lawyers, in fulfilling their
duty not
to discriminate,
to accommodate employees and
clients — consistent with Ontario Human Rights Law, which has the effect of promoting equality.
It is your personal injury lawyers job
to present clear evidence
on the
duties their
client is or is not able
to perform; and if conceivable — conclude how the injuries sustained in the accident has left them unemployable.
Overlaying this statutory
duty on top of a wholesale
client's contractual protections may be of concern
to providers.
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.)
Their main
duties are
to advocate and advise
clients on legal matters and thus, they are involved in almost every aspect of everyday life.
In contemplation of the imminent announcement
to abandon the Two Tier contracting process, the Big Firms» Group calls
on the Ministry of Justice
to implement a further, short, «freeze» of the
duty solicitor rotas pending swift consultation with regards the structure of
duty solicitor scheme rules that should stand alongside the 2015 Own
Client Contract,... Read more»
In order
to perform their
duty effectively, lawyers research
on laws, the intent of those laws and the judicial decisions that are relevant
to their
client's circumstance so as
to make a knowledgeable decision.
John has counseled
clients in actions based
on violation of state and federal securities laws relating
to the sale of unregistered securities and fraudulent investment schemes, and in employment controversies that focus
on non-solicitation agreements and alleged breach of fiduciary
duty.
As NSU explains, «This course provides hands -
on experience for students
on a number of key operational aspects of the practice of law, including the business foundation of successful law firm management; security and confidentiality of
client information; marketing, public relations, advertising and social media;
duties of technological competence under ABA «Ethics 20/20» amendments
to the Model Rules of Professional Responsibility; predictive coding and other eDiscovery issues;
client intake and case management; and issues related
to the scope and composition of representation, including the unauthorized practice of law and unbundled legal services.»
Paralegals must understand and fulfill their
duty to preserve and protect
client confidentiality
on behalf of your law firm.
In contrast
to the coaching approach discussed above, it is the
duty of the defence attorney
to act zealously
on behalf of the
client.
The CBA's Code of Professional Conduct
on Obligatory Withdrawal states: «4 (a) if the lawyer is instructed by the
client to do something inconsistent with the lawyer's
duty to the court or tribunal and, following explanation, the
client persists in such instructions etc.;» Regrettably, I believe the B.C. SC has totally missed the point: upholding the law comes first and therefore, anyone engaging in white - collar criminal activity should be charged or the public will loose faith and confidence in the independence and impartiality of the Justice System.
On the other there is a
duty to the court
to disclose any relevant information that the prosecution could not reasonably be aware of, and the
client is using (and incidentally jeopardising) your professional reputation
to bolster his falsehoods, which is no part of your job.
The Federation rode
to this result
on the strength of the sanctity solicitor -
client privilege and of lawyers»
duty of loyalty
to their
clients.
On the civil side, no matter what, it is still the law that, so long as the lawyer is prepared
to act for the
client, the lawyer's
duty is
to put the
client's interest first and do whatever is legal
to fulfill the retainer.
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.
We advise
clients on corporate compliance and governance issues, providing continuous, up -
to - date information
on duties and responsibilities of corporate officers.
, 2016 • «Foreign Anti-Corruption Compliance: Director and Office Obligations and Considerations», Corporate Governance by Federated Press, Volume IX, No. 4, 2013 • Canada Gets Tough
on Corruption, February 2013 • «Why You Should Think About an Anti-Corruption Compliance Program», TechSTARTUPCenter.com, April 2013 • «Tendering Law: The Evolution of the
Duty of Fairness and What it Means for
Clients», Presentation, 18th East Region Solicitors Conference 2012 • Panelist, Government of Canada, Economic Action Plan Roundtable: «Helping Businesses Sell
to the Government of Canada», 2011 • «A Comparison of Canada's Proposed Consumer Product Safety Legislation (Bill C - 52) and its American Counterpart», Focus
on Federal Advocacy and Policy, June 2008
Only when the state's imposition of
duties on lawyers undermines, in fact or in the perception of a reasonable person, the lawyer's ability
to comply with his or her
duty of commitment
to the
client's cause that there will be a departure from what is required by this principle of fundamental justice.
«There is force in [the submission] that [the defence solicitor] had no regard for his
duties under the Criminal Procedure Rules but preferred
to proceed opportunistically
on behalf of his
client.
The state could not impose obligations
on lawyers which would undermine their
duty of commitment
to their
clients:
We consider that
to be our
duty and we are selling, we say services that the
client can not properly evaluate
on their own.
The historic gap, which in the past has been canyon-esque as I'm fond of saying, this is where the courts developed the idea of fiduciary
duty because as there were such dependence
on the part of the
client on the service provider because the
client doesn't know and the
client can't be expected
to know whether or not they're being treated fairly or properly or what have you
to getting good, you're getting good services, and I don't think that gap will ever close entirely but we are seeing the purchasers of legal services becoming more knowledgeable and more sophisticated, there is.
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.
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.