Sentences with phrase «obtain consent of their clients»

Current Torys partner Sukonick and former partner Merchant were charged with six counts of failing to adequately disclose their conflicts of interest and obtain consent of their clients in breach of Rule 2.04 of the Rules of Professional Conduct.
The Torys lawyers are charged with six counts of failing to adequately disclose their conflicts of interest and obtain consent of their clients in breach of Rule 2.04 of the Rules of Professional Conduct.
In some circumstances, however, because of the nature of the retainer, the transferring lawyer and the new law firm may be required to obtain the consent of clients to such disclosure or to the disclosure of any further information about the clients.
REALTORS ® shall: a) obtain the consent of their Clients prior to: (i) accepting Compensation from more than one party to a transaction, or (ii) accepting any rebate or profit on expenditures made for a Client.
In all cases, the information must be treated as confidential and can not be released to a third party without first obtaining the consent of the client.

Not exact matches

Lucie Tedesco, commissioner of the Financial Consumer Agency of Canada, said she is concerned by the allegations and issued a statement reminding the lenders of their obligations to obtain prior consent before increasing credit limits and providing clients with new products.
For each new client, the midwife listed identifying information on the registration log form at the start of care; obtained informed consent, including permission for the client to be contacted for verification of information after care was complete; and filled out a detailed data form on the course of care.
Entering into a new line of business may require that BlackRock Canada obtain new client consent to the sharing of personal information.
Policy 3 — Using and Disclosing Personal Information 3.1 We will only use or disclose client personal information where necessary to fulfill the purposes identified at the time of collection or for the purpose reasonably related to purposes such as: · To conduct client surveys in order to enhance the provision of our services · To contact our clients about products or services that may benefit their pets · To contact our clients in the event of a medical alert concerning their pet 3.2 We will not use or disclose client personal information for any additional purpose unless we obtain consent to do so.
Under the Code of Ethics, Helene is obligated to maintain and respect the confidentiality of all information obtained from clients; and to refrain from disclosure of information about clients or their pets to others without the client's explicit consent, except as required by law.
The central issue is whether it's a conflict of interest for a law firm to accept a retainer to sue a current client on an unrelated matter without first obtaining their consent.
To provide full disclosure to the existing client, the lawyer must first obtain the consent of the new client to disclose the existence, nature and scope of the new retainer.
Having said that virtually every jurisdiction of which I am aware has approved using unencrypted email for ordinary solicitor - client communications, provided that you have obtained your client's consent to this.
Steps that might be taken include: A lawyer should obtain informed client consent for the use of the services; A lawyer should require the service provider to indemnify the lawyer for any claims the lawyer faces as a result of using the service; and A lawyer should consider buying insurance on the commercial market to cover risks such as data breaches.
Obtained a preliminary injunction on behalf of a business owner requiring a co-owner not to make any decisions regarding the business without his client's consent.
«Depending on the level of supervision contemplated by the outsourcing lawyer, it might be necessary to obtain informed client consent before engaging outside assistance.»
Finally, the Bar also charges that the website discusses client information, the disclosure of which would be embarrassing or detrimental to the client, without obtaining his clients» prior consent.
Take the time to discuss important information such as the client's marital status to determine whether the consent of a spouse — or any other person with an unregistered interest in the property — needs to be obtained, or whether the spouse needs to be sent for independent legal advice (depending on the nature of the transaction).
«A lawyer may ethically outsource legal support services overseas to a non-lawyer if the lawyer (a) rigorously supervises the non-lawyer, so as to avoid aiding the non-lawyer in the unauthorized practice of law and to ensure that the non-lawyer's work contributes to the lawyer's competent representation of the client; (b) preserves the client's confidences and secrets when outsourcing; (c) under the circumstances described in this Opinion, avoids conflicts of interest when outsourcing; (d) bills for outsourcing appropriately; and (e) under the circumstances described in this Opinion, obtains the client's informed advance consent to outsourcing.»
A New York lawyer may ethically outsource legal support services overseas to a non-lawyer, if the New York lawyer (a) rigorously supervises the non-lawyer, so as to avoid aiding the non-lawyer in the unauthorized practice of law and to ensure that the non-lawyer's work contributes to the lawyer's competent representation of the client; (b) preserves the client's confidences and secrets when outsourcing; (c) avoids conflicts of interest when outsourcing; (d) bills for outsourcing appropriately; and (e) when necessary, obtains advance client consent to outsourcing.
The Committee cited as examples situations where the lawyer determines she has a conflict of interest, and may need to contact the client to obtain informed consent.
The engagement letter should also address the possibility that, during the course of the representation, pool counsel may learn of conflicts among one or more represented clients and as a result obtain each client's consent to counsel's continued representation of the remaining non-conflicted clients.
The Bar associations in the United States have essentially ruled, that US lawyers may outsource legal work to foreign lawyers (or non-lawyers) outside the US, provided the US lawyer (a) supervises the foreign / non-lawyer; (b) preserves the client's confidences and secrets when outsourcing; (c) avoids conflicts of interest when outsourcing; (d) bills for outsourcing appropriately; and (e) when necessary, obtains advance client consent to outsourcing.
In fact, in 2009, the American Bar Association Section of Dispute Resolution, Collaborative Law Committee Informed Consent Subcomittee published its draft Suggested Protocols to Obtain Clients» Informed Consent to Use a Collaborative Process...
Even if the client relationship is known as a result of public record filings, such as court documents that identify both the law firm and the client they represent, the law firm still needs to obtain informed consent from the client to recognize them formally as a client.
The Court confirmed the «bright line rule» established in the case of R. v. Neil that a lawyer may not concurrently represent clients whose legal interests are directly adverse without first obtaining their consent.
The most common type of communications error on corporate / commercial files — 28 per cent of communications - related claims — involves a failure to obtain the client's consent or to inform the client.
Even if your retainer agreement doesn't mention freelance lawyers, you can obtain the client's consent to your use of a freelance lawyer during the course of the representation, when the issue arises.
Thus, the safest route (particularly if you practice in a state that hasn't yet issued a governing ethics opinion) is to disclose, and obtain the client's consent to, your use of a freelance lawyer.
Disclosure is permissible in very limited cases including: (i) the written consent of the client or the written consent of the rightful owner of the confidential information is obtained; (ii) an express court judgement ordered such disclosure is obtained and only to the extent needed by the court; or (iii) if the attorney, his partners or employees are accused of a criminal charge or a civil claim arising from the relationship with the client or a negligence or professional misconduct.
The client in that case had essentially contracted out of the Solicitors Act, she found, noting Rapoport had achieved a similar result by obtaining the consents to judgment and serving a notice of a change in representation.
In light of this, with client consent and active client engagement in the process, I believe better quality can be obtained at a lower cost to the client.
HireRight's clients certify to HireRight that (a) to the extent required by applicable law, they have obtained the consumer's consent to share this information with HireRight for purposes of conducting a background screen on the consumer, (b) they are requesting a background screen for employment or other purposes permitted under the FCRA or other applicable law, and (c) they will use the results of HireRight's background screening only for legally permissible purposes, such as hiring, promotion, and discharge decisions.
The primary purpose of this first meeting with the solicitor is to give the clients the reassurance and confidence of having an appropriate family solicitor on their mediation support team to advise them, when necessary and help them with paperwork and obtaining a financial consent order from the court, at the end of the mediation process.
If you are not the responsible party, we must obtain written consent of the legal guardian or other authorized legal representative prior to rendering services in the event the client is a minor child, an adult who is legally incompetent, or an adult incapable of giving informed consent.
Participants of this workshop will develop strategies for utilizing play therapy concepts to obtain consent and explain treatment to the child - client.
Appropriate professional precautions must ensure that the client's well - being is not compromised and that no exploitation occurs, and should include consultation, supervision, documentation, or obtaining written informed consent of the client;
(vii) obtain informed written consent of the client or the client's legal guardian prior to taping, recording, or permitting third - party observation of the client's activities that might identify the client or place them at risk;
Collaborative Lawyers» Duties to Screen the Appropriateness of Collaborative Law and Obtain Clients» Informed Consent to Use Collaborative Law (05/20/12) Collaborative Law (CL) is an innovative dispute resolution process that offers significant benefits but also poses significant non-obvious risks.
In conclusion, therapists should protect themselves and the confidentiality of client treatment information in their possession by following these steps to ensure that client consent is obtained before disclosing any treatment information sought through a Subpoena.
The Law Society Tribunal noted that the indirect result of the retainer and obtaining consents to judgment and serving a notice of change of representation, meant the contract was not covered by the Solicitor's Act and was outside of the Family Law Court Rules protecting the matrimonial client and the process.
However, the Client was in the process of being acquired by Deluxe Media Services, Inc. («Acquirer») and so the Client had to obtain the consent of the Acquirer prior to entering into the lease.
In all such cases, it is necessary to promptly and fully disclose the nature of the conflict and obtain the informed consent of their clients before acting or continuing to act on the clients» behalf.
73 DOS 95 Matter of DOS v. Marotta - consolidation of actions; dual agency; disgorgement of broker commission; broker may act concurrently in a single transaction as an agent and a principal with informed consent of and full disclosure to principal; broker's agreement breached by broker where broker obtained property incompatible with client's stated needs; no broker's fee earned where brokerage agreement breached by broker; broker engaging in business under trade name acts as individual; agency created between broker and buyer by conduct of parties; dual agency allowed upon full disclosure and informed consent of both buyer and seller; no commission earned by broker where breach of fiduciary duty; refund unearned commissions
In every case, the licensee must disclose the conflict to their clients and obtain the informed consent of their clients before acting or continuing to act on their behalf.
Never agree to act as an unrepresented buyer's limited dual agent without first obtaining the express consent of your seller - client.
Licensees may wish to obtain their own legal advice as to whether the disclosure of information consented to by their clients may result in a possible claim against licensees by another party.
Accordingly, a licensee wishing to act for more than one client whose interests may conflict must first obtain the informed consent of both parties before acting on their behalf.
A licensee who wishes to change from one type of relationship to another must first obtain the informed consent of their client / customer.
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