Sentences with phrase «representations by counsel»

A recent Saskatchewan Court of Appeal case determined a husband with mental health issues was able to enter into a separation agreement given his representation by counsel.

The defendant is entitled to representation by counsel.

Here, Ms. Sidwell had two years or more of advance notice and she had representation by counsel during that time.

When an individual has been accused of a violent crime against his or her partner, whether male or female, representation by counsel from a criminal defense firm can help assure a fair and complete assessment of the facts.

In the present case, the Court held, «where a party forms the view that the divergence of interests between the insurer and its insured is such that the insured's representation by counsel appointed by the insurer might prejudice the fairness of a trial, the party is obliged to seek appropriate relief promptly from the court, certainly well before trial.»

A principal consideration will be to avoid wherever possible separate representation by counsel and any duplication in the submissions made or in the documents produced for the hearing.

We could see legitimate argument that a right to representation by counsel is a «sufficient reason» in many claims, and if that carried persuasion it could have unintended consequences on the costs of running the justice system.

Not exact matches

Any person not wishing to be represented by the Representatives and our firm may opt - out by providing notice in writing to Employee Representative Counsel and the Target Canada Monitor, indicating that you wish to opt - out of such representation.

Lively, with representation by Liberty Counsel (an evangelical legal organization), responded that in both the U.S. and Uganda he exercised constitutionally protected speech rights; that he opposes violence and neither committed nor plotted any; that Uganda did not in fact pass a proposed draconian anti-gay law, and that in any case Uganda's political institutions, instead of himself, are responsible for its political decisions; and that the court lacks jurisdiction and the plaintiffs lack standing.

While the purpose of a 504 plan is essentially the same as that of an IHCP, a 504 Plan is a legally binding document that offers procedural due process safeguards not afforded by traditional IHCPs, including due process hearings (with representation by legal counsel, if so desired) and parental notice and review requirements.

(1) A credit services organization, its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may not do any of the following: (a) conduct any business regulated by this chapter without first: (i) securing a certificate of registration from the division; and (ii) unless exempted under Section 13 -21-4, posting a bond, letter of credit, or certificate of deposit with the division in the amount of $ 100,000; (b) make a false statement, or fail to state a material fact, in connection with an application for registration with the division; (c) charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the buyer; (d) dispute or challenge, or assist a person in disputing or challenging an entry in a credit report prepared by a consumer reporting agency without a factual basis for believing and obtaining a written statement for each entry from the person stating that that person believes that the entry contains a material error or omission, outdated information, inaccurate information, or unverifiable information; (e) charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit that is or will be extended to the buyer is upon substantially the same terms as those available to the general public; (f) make, or counsel or advise any buyer to make, any statement that is untrue or misleading and that is known, or that by the exercise of reasonable care should be known, to be untrue or misleading, to a credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer's creditworthiness, credit standing, or credit capacity; (g) make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization; and (h) transact any business as a credit services organization, as defined in Section 13 -21-2, without first having registered with the division by paying an annual fee set pursuant to Section 63J -1-504 and filing proof that it has obtained a bond or letter of credit as required by Subsection (2).

A credit repair business and its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit repair business, shall not do any of the following: (1) Charge or receive any money or other valuable consideration prior to full and complete performance of the services that the credit repair business has agreed to perform for or on behalf of the consumer; (2) Charge or receive any money or other valuable consideration solely for referral of the consumer to a retail seller or to any other credit grantor who will or may extend credit to the consumer, if the credit that is or will be extended to the consumer is upon substantially the same terms as those available to the general public; (3) Represent that it can directly or indirectly arrange for the removal of derogatory credit information from the consumer's credit report or otherwise improve the consumer's credit report or credit standing, provided, this shall not prevent truthful, unexaggerated statements about the consumer's rights under existing law regarding his credit history or regarding access to his credit file; (4) Make, or counsel or advise any consumer to make, any statement that is untrue or misleading and which is known or which by the exercise of reasonable care should be known, to be untrue or misleading, to a consumer reporting agency or to any person who has extended credit to a consumer or to whom a consumer is applying for an extension of credit, with respect to a consumer's creditworthiness, credit standing, or credit capacity; or (5) Make or use any untrue or misleading representations in the offer or sale of the services of a credit repair business or engage, directly or indirectly, in any act, practice, or course of business which operates or would operate as a fraud or deception upon any person in connection with the offer or sale of the services of a credit repair business.

Since 2011, we've assisted hundreds of researchers by providing legal counsel, matching them with pro bono legal representation, and filing amici curiae — «friend of the court» — briefs in their cases.

[170]... where the trial judge finds that representation of an accused by counsel is essential to a fair trial, the accused, as previously indicated, has a constitutional right to be provided with counsel at the expense of the state if he or she lacks the means to employ one.

The peer - reviewed study, «A Child's Right to Counsel: A National Report Card on Legal Representation for Abused and Neglected Children,» was conducted by two child - advocacy organizations, First Star and the Children's Advocacy Institute at the University of San Diego School of Law.

I am deeply disappointed in Judge Posner's conduct and hope his pictorial representations will be dealt with by an independent judicial counsel.

Of course, parties may be and often are represented by counsel in Provincial Court, but the unavailability of costs makes it more difficult to find representation.

Backed by over 30 years of combined experience in construction law and insurance disputes, our attorneys provide experienced representation and trusted legal counsel in all types of construction - related matters, including:

Our construction attorneys are led by Fellows in the American College of Construction Lawyers, and we routinely offer counsel and representation involving:

If a client does not want to be represented by a particular counsel, the court can not force that representation on the client.On an application by trial counsel to be removed from the record, it is imperative that the client's position be known to the judge hearing the application.

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.)

At Musick & Musick, LLP, we believe every client deserves quality representation by experienced legal counsel.

Much harm can be prevented by having good legal counsel and representation as soon as possible.

Within the past 18 months, I have noticed many days when all the defendants in my courtroom were represented by appointed counsel only or had no representation at all....

Legal Feeds Appeal court orders new trial due to counsel's ineffective representation An appeal court judge ordered a new trial in a road rage conviction Thursday after finding the accused was served ineffectively by his legal counsel, who did not allow him to testify in his own defence.

At present, the bulk of public services seem to me to be delivered at one of three points in people's involvement with the law: general public legal information delivered through seminars, workshops and pamphlets to people who are idly grazing for legal information or helping a friend; narrowly - focused legal information, advice and representation delivered to individuals at the moment of crisis, often following separation, a threat to take the children or service of process; or, detailed, concrete legal information and advice delivered to individuals who are well engaged in a proceeding, usually unrepresented by counsel, and are seeking details about specific issues, such as making or replying to an application, demanding or making disclosure or preparing for trial.

Our law firm, led by a nationally board - certified trial specialist, can provide you with sound legal counsel and — if necessary — aggressive representation.

Nancy T. Bennett is Deputy Chief Counsel for the Private Counsel Division of the Committee for Public Counsel Services (CPCS), After 9 years of felony Superior Court trial work, Nancy has been engaged since 1990 in developing and managing systems to ensure the quality of criminal defense representation provided by assigned private counsel in MassachCounsel for the Private Counsel Division of the Committee for Public Counsel Services (CPCS), After 9 years of felony Superior Court trial work, Nancy has been engaged since 1990 in developing and managing systems to ensure the quality of criminal defense representation provided by assigned private counsel in MassachCounsel Division of the Committee for Public Counsel Services (CPCS), After 9 years of felony Superior Court trial work, Nancy has been engaged since 1990 in developing and managing systems to ensure the quality of criminal defense representation provided by assigned private counsel in MassachCounsel Services (CPCS), After 9 years of felony Superior Court trial work, Nancy has been engaged since 1990 in developing and managing systems to ensure the quality of criminal defense representation provided by assigned private counsel in Massachcounsel in Massachusetts.

This distinction might be addressed in the formal order since Justice Simpson concludes his judgement by inviting the parties (at para 64) «to make representations as to how the Statement of Claim should be amended to remove references to the invalidity of the approvals» if counsel can not agree.

Regardless of the applicable privilege laws, counsel should take steps to preserve the privilege over all materials used or created as part of the representation, including by: (1) restricting access to attorney — client and work - product materials, particularly in jurisdictions with more limited privilege protections; (2) labelling all documents and communications as legally privileged and confidential; and (3) limiting written communications that may be subject to discovery.

On appeal, he argued that the judge deprived him of his Sixth Amendment right to counsel by denying him representation by his lawyer of choice.

It also serves as a telling example of how in - house counsel can suffer a thousand cuts at the hand of an inattentive outside counsel during the course of the representation: cuts that will not be easily salved by ultimately obtaining the right result, and cuts that will lead in - house counsel to find new outside counsel when the next matter of significance arises.

In fact, we will see that by taking a broader view of a lawyer's representation of the client, the work product of outside counsel is far more likely to improve, the work will be more intellectually stimulating, and counsel's role with the client will broaden, allowing counsel to serve as a true partner to his or her clients.

Purchase - and - sale agreement templates used by in - house counsel contain representations and warranties tied to disclosure schedules.

1 For attempts to measure the effect of advocacy quality through other means, see, e.g., Banks Miller et al., Leveling the Odds: The Effect of Quality Legal Representation in Cases of Asymmetrical Capability, 49 Law & Soc» y Rev. 209 (2015)(finding that high quality representation evened the odds for asylum applicants and that asylum seekers fared better when unrepresented than when represented by a poor lawyer); Mitchell J. Frank & Dr. Osvaldo F. Morera, Professionalism and Advocacy at Trial — Real Jurors Speak in Detail About the Performance of Their Advocates, 64 Baylor L. Rev. 1, 38 (2012)(finding statistically significant correlations in criminal cases between jurors» perceptions of closing argument persuasiveness and jury verdict, and finding statistically significant correlations in civil cases between perceptions of defense counsel's closing argument persuasiveness and defense verdict); James M. Anderson & Paul Heaton, How Much Difference Does thRepresentation in Cases of Asymmetrical Capability, 49 Law & Soc» y Rev. 209 (2015)(finding that high quality representation evened the odds for asylum applicants and that asylum seekers fared better when unrepresented than when represented by a poor lawyer); Mitchell J. Frank & Dr. Osvaldo F. Morera, Professionalism and Advocacy at Trial — Real Jurors Speak in Detail About the Performance of Their Advocates, 64 Baylor L. Rev. 1, 38 (2012)(finding statistically significant correlations in criminal cases between jurors» perceptions of closing argument persuasiveness and jury verdict, and finding statistically significant correlations in civil cases between perceptions of defense counsel's closing argument persuasiveness and defense verdict); James M. Anderson & Paul Heaton, How Much Difference Does threpresentation evened the odds for asylum applicants and that asylum seekers fared better when unrepresented than when represented by a poor lawyer); Mitchell J. Frank & Dr. Osvaldo F. Morera, Professionalism and Advocacy at Trial — Real Jurors Speak in Detail About the Performance of Their Advocates, 64 Baylor L. Rev. 1, 38 (2012)(finding statistically significant correlations in criminal cases between jurors» perceptions of closing argument persuasiveness and jury verdict, and finding statistically significant correlations in civil cases between perceptions of defense counsel's closing argument persuasiveness and defense verdict); James M. Anderson & Paul Heaton, How Much Difference Does the Lawyer Make?

(19) A person who is given an opportunity to make representations to the Commissioner may be represented by counsel or another person.

We are committed to providing caring, high - quality counsel and representation to people injured in accidents caused by another person's careless, reckless or intentional acts.

Consuming and analyzing the tweets sent by the folks around you on the subway could yield just enough information to approach someone and offer to set up a trust for their new baby, legal counsel for their upcoming business venture, or representation for their current marital situation.

So when you sign on at Ketchmark and McCreight, P.C. not only are you getting top quality representation from a group of highly experienced motorcycle injury lawyers, by you also get counseling from a professional social worker throughout your claim should you need it.

Primerus business law firms have collaborated to form the Business Law and Dispute Resolution practice group that provides in - house counsel and corporate clients «hands - on» representation by seasoned lawyers without the large law firm price tag.

However, those interested in this topic may be inspired by the work of the Barbra Schlifer Commemorative Clinic which offers legal representation, professional counselling and multilingual interpretation to women who have experienced violence in the Greater Toronto Area.

By choosing to hire Attorney Ross, you can have the personalized counsel and representation of one of the most skilled and experienced family law attorneys in the county.

These consequences may include a decision by the appointing authority that appointment of successor counsel is unjustified, thus requiring self - representation by the client.

Representation at court might, of course, also be provided at a final hearing or ADR meetings by solicitors or counsel.

(4) «a consultation by attorneys with their firm's in - house counsel on a purely ethical issue arising from the representation of a current client... [does not] inherently give -LSB--RSB- rise to a conflict of interest between the firm and the client»; and

If and to the extent the in - house counsel is professionally independent and not bound by instructions he can generally represent its employer as an attorney in civil, administrative and criminal proceedings but with certain exceptions: First, representation is not permitted in criminal proceedings relating to the employer or in administrative misdemeanor proceedings involving fines concerning company - related charges.

when children require representation in judicial proceedings, whether children should be represented by counsel acting as amicus curiae, best interests advocate or instructional advocates, and whether and how those roles should merge;

Finally, it should be borne in mind that counsels have ethical obligations not to conceal materials subject to a disclosure order, as provided by the IBA Guidelines on Party Representation in Arbitration, and they usually must comply with professional requirements in their own domestic jurisdictions.

It has therefore become increasingly important for legal professionals to identify and assess the impact of these practice forces, trends and uncertainties on the representation of their clients, so they can provide informed, proactive legal counsel before they are blindsided by unexpected events and risks.

In a criminal case the implications of the right to counsel have to be taken into account, namely the fact that withdrawal by counsel in the face of planned perjury often deprives an accused of effective representation.