Sentences with phrase «than duty counsel»

11 It might have been preferable if the officer had confirmed that the accused had been satisfied with the advice given and did not wish to call anyone else, but there is a need for the accused to be reasonably diligent in exercising his right to speak to his own lawyer if he had one, or another lawyer, other than duty counsel and this was not done by the accused.

Not exact matches

Even though counsel is to some degree «independent» and free from Executive Branch supervision to a greater extent than other federal prosecutors, the Act gives the Executive Branch sufficient control over the independent counsel to ensure that the President is able to perform his constitutionally assigned duties.

According to Serjeants Inn Chambers, the chambers of counsel for ARB, the case is the first wrongful birth claim founded on breach of contract rather than clinical negligence, and is a landmark case on the duties owed by IVF clinics.

In Upjohn Co. v. United States, 6 the United States Supreme Court held that a company's attorney — client privilege extends to company counsel's communications with employees in certain prescribed circumstances.7 Rather than providing a simple objective test, the Upjohn court instead established five factors to guide courts in determining whether the company's privilege should extend to counsel's communications with its employees: (1) whether the communications were made by employees at the direction of superior officers of the company for the purpose of obtaining legal advice; (2) whether the communications contained information necessary for counsel to render legal advice, which was not otherwise available from «control group» management; (3) whether the matters communicated were within the scope of the employee's corporate duties; (4) whether the employee knew that the communications were for the purpose of the company obtaining legal advice; and (5) whether the communications were ordered to be kept confidential by the employee's superiors, including that the communications were considered confidential at the time and kept confidential subsequent to the interview.8 When these elements are established, courts generally consider communications between company counsel and an employee to be within the scope of the company's attorney — client privilege.9

Last week, more than half of the province's 70 courtrooms had no duty counsel, the lawyers who usually represent people for first - time appearances.

If you come back to court more than once, you may speak to a different duty counsel each time.

Charged with all management duties including recruiting, interviewing, training, counseling and termination for more than 100 employees (35 full - time Teamster Union associates)