Sentences with phrase «duty to his clients by»

New York's highest court addresses a question from a federal court on whether a brokerage breached its duty to its client by representing multiple buyers competing for the same property.

A New Jersey appellate court has considered a challenge by a real estate broker to the trial court's decision that the broker breached his fiduciary duty to his clients by misrepresenting the status of property negotiations.

An Alaskan court has considered whether a real estate salesperson breached her duty to her client by acting as an undisclosed dual agent.

Not exact matches

Essentially, they want to see that all these materials adequately and accurately reflect the operations of the firm; that the advisor is meeting his or her fiduciary duty by ensuring that the activities being undertaken in client portfolios are, at all times, in the client's best interests; and that the firm is supervising the activities of its staff and taking corrective actions when and if any deficiencies are found.

Specifically, the exemption requires that the advisor, the institution issuing the product and client enter into a contract that clearly commits the advisor to acting in the client's best interests, using the care, skill and prudence that would be exercised by prudent person under the circumstances (the definition that generally governs a fiduciary's duties in other contexts).

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.

Said Barbara Roper, director of investor protection of the Consumer Federation of America: «By closing loopholes in the current regulations and subjecting all retirement investment advice to a fiduciary duty to act solely in the best interests of the client, a well - crafted DOL rule has the potential to save millions of Americans billions of dollars each year.

While the new DOL rules are principles based and do not provide discreet instructions as to what advisors should do to fulfill fiduciary duties, industry executive David Trainer said advisors can not lose with clients or regulators by incorporating research into their practice that is «inarguably in the best interest of clients.»

While the new DOL rules are principles based and do not provide discreet instructions as to what advisors should do to fulfill fiduciary duties, we think advisors can not lose with clients or regulators by incorporating research into their practice that is:

This case turns on the duty of integrity owed by Barclays to its clients.

«In short, both Mr Furnival and Ms Cain have taken proper and appropriate steps to prevent conflicts or potential conflicts between the private business and his duties as my chief of staff by withdrawing from any work for clients in the health portfolio,» she said.

The public must know that our client, in discharging his duty to his principal, General Ibrahim Babangida, GCFR can not by any stretch of the imagination be said to have committed a crime that warrants such negative publicity.

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.»

-- 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.

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

To limit the number of lawyers so as to reduce the competition for clients, would be another evasion by law societies of their duty in law to solve the probleTo limit the number of lawyers so as to reduce the competition for clients, would be another evasion by law societies of their duty in law to solve the probleto reduce the competition for clients, would be another evasion by law societies of their duty in law to solve the probleto solve the problem.

The attitude is characterized by a mistaken belief that maintaining a client's confidentiality, as is the professional duty of every lawyer, is equivalent to complying with the laws surrounding privacy and protection of information.

The duty of confidentiality owed by lawyers to their clients is one of the foundations of the attorney - client relationship.

According to the opinion, the duty of a lawyer to so advise the client arises as soon as the lawyer knows or reasonably should know that the client is likely to send or receive substantive lawyer - client communications via electronic means «where there is significant risk» that the communications will be read by a third party.

Lawyers have a duty to critically assess instructions given by the client.

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.

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.

They could finance the automation for providing routine legal services, but such automation is something that the legal profession can provide for itself, better by itself without: (1) law offices having to be owned by investors; and, (2) the risk of the fiduciary duty owed to clients being suppressed by the resulting profit duty owed to investors.

The opinion recites four considerations that would tend to establish an ethical duty for a lawyer to warn the client against using a business device or system for electronic communication: Where the client has already communicated by electronic means or has indicated an intention to do so; where the client is employed in a position that would provide access to a workplace device or system; given the circumstances, the employer or a third party has the ability to access the email communications and; that as far as the lawyer knows, the employer's internal policy and the jurisdiction's laws do not clearly protect the privacy of the employee's personal email communications via a business device or system.

Those jurisdictions do, however, recognise that lawyers owe a duty of confidentiality over documents provided to them by their clients.

This is governed by our duty of confidentiality to our client and, as applicable, by solicitor - client privilege.

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.

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.)

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

However, were it not for Atticus's personal morals guiding him, he likely would not have fulfilled the professional duties given much importance in the Rules: his duty to act honourably and with integrity even when people criticized him; his duty to be honest and candid both with Tom and the public, rallying for the public and the jury to believe in Tom's innocence while ensuring that Tom's expectations of winning were not fueled; his duty of loyalty to his client by representing him zealously both inside and outside the courtroom.

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.

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.

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.

Even assuming that H owed his client a duty of care, he discharged it by preparing the documentation in accordance with the instructions of the responsible corporate officer, ensuring that the transaction breached no statute in view of the plaintiff's impending bankruptcy, and ensuring that all signatories to the agreement understood it.

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.

, 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

When an attorney breaches any of these fiduciary duties by acting negligently / incompetently or failing to uphold standards under lawyer ethics or the professional code of conduct, a client may have an action for legal malpractice.

Matter between wealthy individual and investment advisor for breach of fiduciary duty arising from recommended investments in allegedly inappropriate private equity investments and repayment of loans made by client to advisor

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.

The important message to the profession is this: not only do we have a duty to ensure respect for court orders, we must also abide by them, and our erroneous interpretations of them will not save us or clients from being found in contempt.

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

«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.»

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]

[A] ll communications between a solicitor and his client relating to a transaction in which the solicitor has been instructed for the purpose of obtaining legal advice will be privileged, notwithstanding that they do not contain advice on matters of law or construction, provided that they are directly related to the performance by the solicitor of his professional duty as legal adviser of his client.

The absence of disclosure matters, but surely accepting a tender without being instructed to do so by your client is an even more obvious breach of the lawyer's duties.

The relevant communications in Three Rivers 6 involved presentational advice as to how the client (the Bank of England) could best put material before an inquiry, established by the Chancellor of the Exchequer and the Governor of the Bank, which was scrutinising the discharge of the Bank's public duties.

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.

While a lawyer will usually owe his or her client enforceable duties of confidence, [9] for the purposes of litigation privilege, communications between a lawyer or client and a third party do not have to be «confidential» in the sense that the third party is bound by equitable (or contractual) duties of confidence not to reveal the communication to anyone else.

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.

While both the ethical duty of confidentiality and the evidentiary principle of the attorney - client privilege relate to information held by a lawyer, they are distinct concepts with separate parameters.