The Court of Appeals of Texas ruled, affirming the trial court on a real estate brokerage who purchased a property for its own investment portfolio and sold it for a profit didn't breach its fiduciary
duty to a client who also wanted the property.
A real estate brokerage that had purchased a property for its own investment portfolio and later sold it for a profit didn't breach its fiduciary
duty to a client who also wanted the property, the Court of Appeals of Texas ruled, affirming the trial court.
Not exact matches
Bogle told those assembled that he has been an advocate for «a federal standard of fiduciary
duty, the
duty of everyone
who touches «other people's money» (OPM)
to place the interests of [their]
clients above [their] own interests» and that he supports the proposed Department of Labor broker fiduciary
duty standard.
The only people
who can legally call themselves «investment advisers» have a specific
duty to their
clients.
This is someone
who has a fiduciary
duty to their
clients (you) and not a company they work for.
Who they could be trying
to sign is a conundrum however, with Miguel Almiron's move from Lanus appearing
to be off, and Marcelo Brozovic's agent has claimed his
client is now staying with Inter, and will sign a new contract when he returns from international
duty.
She wore many hats, but she primarily mentored and supervised the diverse roster of doulas
who work with the program's
clients, in addition
to outreach and intake
duties.
In fact, a major heading in our Code of Ethics is our
Duty to the
Client,
who is often a...
Instead of the lender,
who is usually looking for their interests, a mortgage expert has a
duty to you, their
client,
to find you the best and most affordable mortgage.
While I loved working with high net - worth
clients, my ultimate passion is
to provide the same
duty of care, service, and expertise
to high - achieving professionals
who aren't rich yet.
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.»
Being in love with a lawyer
who has a
duty to his or her
clients and the law can be an emotionally draining experience.
(2) an unwillingness
to attack the causes of difficult problems such as the unaffordability of legal services because their main
duties are
to their
clients and institutional employers,
who are their sources of income;
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.
Advising the directors of a property developer
client who wished
to streamline their holding structures without falling foul of their
duties under the Companies Acts or the Insolvency Act.
Every lawyer has a
duty to discuss the possibility of reconciliation of the spouses with a
client who wishes
to commence a divorce proceeding.
(2) an unwillingness
to attack the causes of difficult problems such as the unaffordability of legal services because their main
duties are
to their
clients and institutional employers,
who... [more]
It is the
duty of a criminal lawyer
to «appropriately negotiate a guilty plea and sentence for a
client who faces inevitable conviction at trial, or for a
client who simply wishes
to acknowledge guilt».
Tried and defeated claims of breach of contract, breach of fiduciary
duty and declaratory relief brought by plaintiffs
who sought
to both obtain control of the
clients» intellectual property rights and secure a large monetary award.
«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.»
Lawyers owe a professional
duty of care
to their
clients to instruct expert witnesses
who understand the expert's role and
duties in the civil justice system.
Unsolicited information sent
to DLA Piper (Canada) LLP by persons
who are not
clients of the firm is not subject
to any
duty of confidentiality on the part of the firm.
After all, isn't the definition of a lawyer a person
who is doing something special in society, i.e. taking on a
client's problems and making it their
duty to help them?
A lawyer
who represents a
client in a divorce matter, and
who discovers information about the
client's relationship with the
client's wife while talking
to the
client's neighbor, has a
duty to keep that information confidential.
This is especially important for attorneys
who have an ethical
duty to protect the confidentiality of their
clients» data.
The LSBC defines a «designated paralegal» as «a paralegal
who can perform additional
duties under a lawyer's supervision» such as giving legal advice
to clients and appearing before tribunals, as permitted, or at family law mediations.
The
client was charged with allegedly assaulting an off -
duty police officer
who attempted
to arrest the J.K. after J.K. allegedly damaged his car.
Your
duty is
to your
client who might box your ears and lock you in a disco parlour with John Sergeant if you put your opponent wise.
It's time
to revitalize the distinction between a lawyer's
duty to defend a
client who has already acted and a lawyer's
duty to counsel
clients who have not yet broken the law.
Make sure you clarify at the outset
to whom your
duties are owed and
who holds the rights and responsibilities of the
client role.
Unlike plaintiffs» lawyers
who take a percentage of recovery as fees, the litigation investors and funders are not regulated, and unlike the lawyer, owe no fiduciary
duty to the
client.
You may think that this is overkill, but it is important
to arm yourself with experts
who can identify the tools that provide cost savings and efficiencies — it is your
duty to your
client.
Many legal practitioners have
clients who are among those
who have such
duties and responsibilities and counsel must continue
to educate themselves
to be able
to advise those
clients.
to say «The Superior Court affirmed the grant of judgment in favor of Kim's
client on the basis that a methadone clinic, which took steps
to regulate the dissemination of methadone in accordance with federal guidelines, did not owe a
duty of care
to a third party
who lethally overdosed after buying methadone that was stolen from a patient of the clinic.
Pennsylvania — Attorney Liability, Key Points: Liability for aiding and abetting a breach of a fiduciary
duty has never been imposed on an attorney in Pennsylvania
who merely provided legal representation
to his
client.
It is not intended that this office will have any
duty of any kind
to a person
who utilizes this web site or contacts the office in the absence of a formal written attorney -
client relationship.
(d) The relationship between lawyers or judges acting on behalf of a judges or lawyers assistance program approved by the Supreme Court, and lawyers or judges
who have agreed
to seek assistance from and participate in any such programs, shall be considered one of attorney and
client, with its attendant
duty of confidentiality and privilege from disclosure.
Instead of hiring dueling experts at great cost, there could be a large pool of government - vetted independent experts
who could even be randomly assigned
to the parties, or
who might not know
who their
client was, but whose
duties would be
to prepare completely disinterested reports and opinions.
The
duty of care was not defeated under the second branch of the Anns test, which deals with public policy considerations that would weigh against a
duty of care, because it was in the public interest that professional accountants
who undertake
to create wills do so with care not only for the best interests of their
clients but also for the intended beneficiaries under those wills.
[11] On the same day as a family court proceeding, Judge Waldman directed a family
client who had been charged with assaulting her autistic son
to speak with
duty counsel and myself so that her son would not be institutionalized during the criminal proceedings — CAS, police and family court supported contact with the offending parent and she was supported with parenting assistance through the Geneva Centre.
The integrity of the administration of justice depends upon the unique role of the solicitor
who provides legal advice
to clients within this complex system»:... These words, written in the context of solicitor -
client privilege, are equally apt
to describe the centrality
to the administration of justice of the lawyer's
duty of commitment
to the
client's cause.
Professor Salyzyn,
who was also involved with the development of the CBA Ethical Practices Self - Evaluation Tool, describes ethical infrastructure as «everything within a law practice that impacts how members of that law practice relate
to, or fulfil, the
duties owed
to clients, the justice system and the public more generally.»
Duty counsel in Vancouver, individuals
who generally get paid legal aid
to assist, are often given a stack of documents and must make the early morning rounds
to advise each
clients on what has occurred and what is going
to occur in their inadmissibility hearing.
Attorneys
who are planning
to leave a law firm should have counsel
to guide them and help prevent breaching any fiduciary
duties to the firm; law firms experiencing the departure of one or more associates often employ counsel
to prevent the departing lawyers from damaging the business of the firm or improperly taking away
client.
Regardless of
who may have standing
to sue you, we know this: Florida lawyers have fiduciary
duties to only one party — their
client.
But while the substitution of «customer» for «
client» may usefully remind the legal profession it is subject
to the basic rules of the market, might it not also tend
to reduce the level of
duty lawyers owe
to those
who hire them?
As a final but important matter, lawyers are regulated by Law Societies
who are entitled
to examine solicitor -
client privileged information and
who are regulate with a «
duty to maintain and advance the cause of justice and the rule of law».
As of April 1, LSS will replace its regional centres in five communities with private lawyers
who contract with the non-profit society
to offer services available through the regional centres, including legal aid applications,
duty counsel, representation of
clients and community liaison.
I do consider that each of a legal professional whose main goal is
to perform his or her
duties with the highest diligence and
who wishes
to provide his
clients with the best advice feels stressed on a daily basis.
This is very dangerous for lawyers,
who can't afford
to let their personal delicate sensibilities impair their
duty to clients to be tough enough
to withstand scrutiny.