Sentences with phrase «one's duty to one's client»

Without an agreement, salespeople who identify themselves as buyer's representatives could be held to the highest level of fiduciary duty to the client if they're taken to court.
Sometimes, buyer's reps set up a problem by failing to fulfill their agency duties to their clients in terms of education and service.
For example, when balancing their ethical duty to the client against not misleading the court, defence lawyers need to be courageous and have strength of character.
The only people who can legally call themselves «investment advisers» have a specific duty to their clients.
Wasn't / isn't part of our fiduciary duty to our client impacted in some way?
They don't understand or comply with real estate contracts and disclosures, and ignore the issue of fiduciary duty to their clients.
However, what's not so obvious is the idea that tech - savvy attorneys are fulfilling an ethical duty to their clients.
Indeed, when asked what they took into account when evaluating product costs, well over half of respondents listed fiduciary duty to clients as their primary consideration, followed by the drag on performance.
(4) The written document referred to in subsection (3)(a) or (b) must clearly indicate that none of the related licensees of the brokerage other than the designated agent or agents owes duties to the client under section 3 - 3.
He portrayed a noble profession with duties to the client, to justice and to the public interest.
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.
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.
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 third is the lawyer's primary duty to her client's interests rather than to full disclosure of everything she might know or believe, which reporters often take as a sign of insincerity, evasiveness or flat - out lying.
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.
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.
If you're the buyer's agent, you have a fiduciary duty to your client not only to look for official notifications that the documents have been sent to your client but also to review what was received to be sure that all required information was delivered.
A Florida court has considered whether a lower court properly determined that a real estate salesperson breached his fiduciary duty to his clients when he purchased property that his clients claimed they had informed the salesperson they were also interested in purchasing.
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.
«This broad partisan duty to the client is essential to the proper functioning of the adversary system».
Beyond that, we'll have to disagree about your claim — if that is your claim — that, somehow, lawyers other than those who represent the state, have duties in respect of the adminstration of justice that override the lawyers duty to the client even where the proposed conduct is not illegal in any sense.
The brokers and agents want any fiduciary duty to clients codified into a list of do's and don't, which they'd be happy to help write.
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.
This incident has sparked debate about a lawyer's First Amendment rights in the courtroom, but it also raises the issue of how a lawyer should balance their ethical duties to a client against their rights of expression.
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?
These claims address areas such as prospectus and other disclosure obligations, restatements, mutual fund trading and marketing, broker - dealer duties to clients and counter-parties, fiduciary duties and insider trading.
As often happens with those firms with the most to hide, law firms may try to stonewall — even when they owe ethical and professional duties to their clients — we can work with whatever information becomes available.
We have inviolate duties to our clients, we are officers of the court, we play a critical role in shaping public policy and we can positively impact the health of our communities.
Lawyers have duties to the adminstration of justice and to the rule of law; not just duties to their clients.
A lawyer's duty to the client demands that, before making a public statement concerning the client's affairs, the lawyer must first be satisfied that any communication is in the best interests of the client and within the scope of the retainer.
One of our first duties to our clients is to clear up any misgivings or misconceptions they might be bringing to the separation and divorce process.
Cases in which licensees were found to have breached their fiduciary duty to their clients accounted for two of the six largest damage awards in the report.
Without the written lawful instruction to not show such properties or represent their client in such circumstances, the designated agent may breach the Bylaw and their duciary duties to their client.
Broker's fiduciary duty to his client requires the highest good faith and undivided service and loyalty.
Fiduciary duties to a client never include obligations that could expose you to accusations of violating fair housing law.
The court also dismissed the claim of breach of fiduciary duty against Broker, finding that the express disclaimer in the Sales Agreement stating that Client acknowledged that «Broker is being retained solely as a real estate agent and not as an attorney or a tax advisor...» sufficiently limited the Broker's statutory duties to Client in respect to the botched Starker Exchange advice.
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.
New South Wales, in permitting non-lawyer shareholding in law firms, has required that confidentiality and other duties to clients must always supersede disclosure duties to shareholders.
With Dusti you know the job will be done right, and you will always be represented well and protected by her unwavering sense of duty to her clients.
While it is true that lawyers have duties to their clients as fiduciaries, and that such concerns may impact the assertion of privilege for communications which relate to the representation of a current client, the threshold of establishing privilege in the first place should be no higher for law firms than for other firms.
I persuaded the Law Institute to approve the mediation model in Victoria, against fierce opposition from traditionalists («corrupting the lawyers» partisan duty to the client») and Foucauldian deconstructionists («lawyers qua lawyers can never be neutral facilitators»).
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