Sentences with phrase «duty to their client does»

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

Claims for losses caused by a negligent act can be brought under contact law or tout, a professional's duty to their client does not necessarily end just because the business entity ceases to exist.

Yet, our duty to our clients does not end there.

Not exact matches

Many brokers feel as though once the markets close they are off duty and free to leave the office, however, doing so isn't making themselves available for their 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, 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.»

This technology is like a «robo - analyst» that does the grunt work (analyzing financials and footnotes in thousands of SEC filings and building models) and frees the adviser to service clients... with high - integrity, fiduciary - duty - fulfilling advice.

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:

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.

Specific duties include but are not limited to working as a member of the pet care team to ensure that the daily feeding, cleaning, medicating and enrichment of our pet population is done in accordance to time frames and protocols as well as creating a positive experience for clients, ensuring quality customer service, ensuring accurate record keeping for animal disposition, facilitating and processing adoptions and training and oversight of Best Friends - Atlanta volunteers and promoting animals and the adoption program to the public.

Then this just might be something for you — EA will be releasing a $ 130 limited edition for the recently dated game, one that includes a handmade Runner's Bag from San Francisco's Timbuk2, made out of heavy duty ballistic fabric that «fits all the items your clients in The City need safely delivered,» if you know, that's what you want to do.

(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).)

What duties, then, do family law lawyers owe to their clients?

[v] To be clear, I do not suggest that the duty of candour does not apply to information that could affect the client's commercial assessment of the risks of in the matter in which the lawyer is actinTo be clear, I do not suggest that the duty of candour does not apply to information that could affect the client's commercial assessment of the risks of in the matter in which the lawyer is actinto information that could affect the client's commercial assessment of the risks of in the matter in which the lawyer is acting.

The review's findings do not necessarily take the professional duty owed to a solicitor's client any further forward.

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.

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.

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.)

TV Edwards, whilst opposing the Government's actions considers its primary duty to be to its clients and we will not refuse to represent our own clients at courts and police stations as some firms have done.

They were under no duty to do so and could not have properly done so without taking their client's instructions and advising them that the result might be to deprive them of a limitation defence.

The defense lawyer has the duty to do the best for his 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.

It does not necessarily conflict with the duty to provide independent and objective representation when it is in the best interests of one's client to do so.

Secondly, I agree that one of the primary roles of a lawyer is acting as an advocate for the client, implied in the s - c trust, but there is also an absolute ethical duty, as an officer of the court, to recognize conflicting duties which do not promote effective operation of the judicial system.

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.

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?

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.

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?

I am not challenging the existence of peremptory challenges given their support in the criminal bar, and nor do I accept the position that a defence lawyer has any duty in relation to the exercise of such challenges beyond ensuring the best interests of her client.

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.

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.

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.

[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.

And (amazingly) this from the ABA Journal: «It's time to add boning up on the latest technology to your to - do list... Among every lawyer's new duties: keeping up with technology relevant to the client and the representation.»

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.

While the solicitor for one side does not owe a duty of care to the other party, [195] where there is an obvious mistake the solicitor should promptly notify the other party and then, where the client wishes to use the document, make an application under rule 31.20 of the CPR to allow such use.

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.

It is the duty of every lawyer to represent his or her client in an ethical, professional manner, and nearly every lawyer does so.

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?

The duties and role of a corporate director and the director's responsibility to the shareholders do not overlap neatly with the duties of a lawyer to a client.

Continuing from The Chancellor's autumn statement, the UK government's recent stamp duty reform (SDLT) has led to a sharp fall in property sales; how has this affected your work and clients and what do you hope the Chancellor's alternative approach will result in?

Having decided to take on that duty, he may be said to have a form of agency on behalf of a parent (and person under s 4) with care, much as does a solicitor when they take on a client.

The attorney - client privilege, especially, encourages clients to tell his or her lawyers everything, though the duty of confidentiality does this as well.

A lawyer may have a duty of confidentiality with regard to information about his or her representation of a client, but because the information is not a part of a confidential communication, it does not benefit from the protection of the privilege.

We are taught that we owe an undivided fealty to our clients, for whom we must advocate with a resolve tempered only by the duty to «advise and encourage a client to compromise or settle a dispute whenever it is possible to do so on a reasonable basis and... discourage the client from commencing... useless legal proceedings,» as the Model Code drafted by the Federation of Law Societies of Canada puts it.

What level of encryption, if any, do lawyers need to use when e-mailing clients in order to comply with their duty of confidentiality?

«Be that as it may, Mr. Carey's assumed duty to guard solicitor - client privilege did not conflict with his duty to comply with the order.

They share space and administrative costs and duties, but they often don't have relationships with each other that are deep enough that they trust each other, respect each other or, in fact, even know each other's practices well enough to comfortably introduce or refer clients to one another.

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.