Sentences with phrase «overriding duty»

And Monroe Freedman famously argued that loyalty and maintenance of confidentiality override duties of candour and honesty to the court (Monroe Freedman Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions (1965) 64 Mich..

Instructing experts The first step is to ask yourself whether you are instructing an expert adviser (someone to help you, not the court) or an expert witness (whose overriding duty is to the court).

No motive whatsoever can override this duty or free politicians from it.

Consequently, the directors of a MAT have an overriding duty not to any individual academy but to the MAT as an overall entity, both as directors and as charity trustees.

The overriding duty of an expert witness is to the court — to be truthful as to fact, thorough in technical reasoning, honest as to opinion and complete in the coverage of relevant matters.

Lawyers should apply the same standard to their own interests and severely restrict the instances in which they override their duty of confidentiality to their clients.

How is one to reconcile the potential conflict between the overriding duty of good faith to the firm against the professional obligation to act in the best interests of the client, at all times?

As with all Expert Witness work, impartiality is essential to the evidence and the Educational Psychologist has an overriding duty to the Court to present clear, relevant and robust evidence.

We have an overriding duty to the courts to give independent and impartial evidence based on the information and facts at hand, so removing any personal feelings and not taking sides is paramount for us.

MPs have a Code of Conduct, as holders of public office, which governs the principles of their actions and requires them, at all times, to act in the public interest, first and not to gain any financial or material benefit from their office... it is glaringly obvious that, whatever may be in particular rules, some MPs» [alleged] actions fall well short of their overriding duties.»

The row highlights the contrast between the «minutiae of rules» and the «importance of overriding duties», says Tom Flanagan, employment partner at Pinsent Masons LLP.

«There appears to be a stark contrast between the implications of breach of duty for MPs as compared to private sector company directors, despite the fact that both have overriding duties which transcend the «spirit and letter» of any particular rules,» he says.

The court found that the defendants had breached their fiduciary obligations to her their fiduciary obligations to her when they used their power over the plaintiff to promote their interests in the employment relationship in a manner that conflicted with their overriding duty not to take advantage of her vulnerability.

In other words, an expert's overriding duty is to be truthful and honest in what he tells the judge or other tribunal, even if it damages the case for the party who is paying his / her fees.

Still, as I see it, the potential for conflict between the duty owed to clients and the duties to shareholders is massive and I not resolvable unless one or the other is deemed by statute the overriding duty.

Credibility is everything, with the overriding duty of the expert being to the court.

As an officer of the court, the lawyers, including Mr. Groia, had an overriding duty to ensure that the trial was conducted fairly and efficiently, and in an atmosphere of calm.

He had no overriding duty to monitor whether the practices followed by the professional electrician respondent were safe.

Law is a noble profession, and lawyers ought to zealously defend a client's interest, abide by the rules of their law society, all the while fulfilling their overriding duty towards the court.

[139] The crucial point is that all participants in litigation and the public have a legitimate right to expect that the advocate's duty of zealous advocacy will be tempered by the overriding duty to adhere to all the standards of the profession, including the duty to act with courtesy and civility and in good faith.

However, experts have an overriding duty to the court and their views are minuted in a schedule of the areas they agree and disagree on and the reasons.