Category Archives: Ethics & Professional Responsibility

Legal Ethics: Law Stories

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The factors to be considered in determining the reasonableness of a fee include the following: (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer; (3) the fee customarily charged in the locality for similar legal services; (4) the amount involved and the results obtained; (5) the time limitations imposed by the client or by the circumstances; (6) the nature and length of the professional relationship with the client; (7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and (8) whether the fee is fixed or contingent. (b) The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate.

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Ethics in the Criminal Justice System

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How about even verbally affording conflicted clients about their situation? Comments do not add obligations to the Rules but provide guidance for practicing in compliance with the Rules. [16] The Rules presuppose a larger legal context shaping the lawyer's role. North Carolina’s certification is designed for paralegals who have met educational requirements or have a specified level of experience, whereas the Ohio plan requires applicants to have designated levels of legal experience in addition to meeting educational criteria.

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Lawyer, Know Thyself: A Psychological Analysis of

Susan Swaim Daicoff

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Counsel are encouraged to comply with both the spirit and letter of these Guidelines. Whenever it shall appear that the Chief Justice is absent from the Court, disqualified for any reason, disabled, or otherwise unavailable or precluded from performing any administrative duty or responsibility, thereupon the Clerk of the Court, the Director of the Administrative Office of the Courts, the Supervising Staff Attorney, and other court personnel shall present any and all current administrative concerns to the Vice Chief Justice for consideration and decision.

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Lawyer , the Public, and Professional Responsibility

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Veterinarians must be honest and fair in their relations with others, and they shall not engage in fraud, misrepresentation, or deceit. The regulations of the United States Food and Drug Administration [21 C. Conversely, the client may resolve the disagreement by discharging the lawyer. This bypass provision, however, is not controversial, was not the subject of comment, and is adopted without any substantive change from the corresponding paragraph -- (b)(5) -- of the proposed rule for the reasons set out in the proposing release. 82 (5) An attorney retained or directed by an issuer to investigate evidence of a material violation reported under paragraph (b)(1), (b)(3), or (b)(4) of this section shall be deemed to be appearing and practicing before the Commission.

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California Legal Ethics (American Casebook Series)

Richard C. Wydick

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Because of this case and several that followed it, all states and the ABA revised the ethics rules that limited the kind of information that may appear on lawyers’ letterhead, in announcements, and the like. The communications should not urge the client to sever a relationship with the original firm or disparage that firm. The Ohio State University Moritz College of Law (J. Likewise, a lawyer should not accept referrals from a referral source, including law enforcement or court personnel, if the lawyer�s desire to continue to receive referrals from that source or the lawyer�s relationship to that source would or would reasonably be viewed as discouraging the lawyer from representing the client zealously. [7] Paragraph (a) prohibits representation of opposing parties in litigation.

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A Legislative History: The Development of the ABA Model

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And Model Rule 8.3 specifically states that lawyers are not required to disclose infor­mation that is otherwise protected by Rule 1.6. In such cases the lawyer must nonetheless act reasonably to inform the client of actions the lawyer has taken on the client’s behalf. NY kept ABA Code DR 7-102(B)(1) obliging the lawyer to reveal fraud on a court except when the lawyer knows about it from the client’s confidential discussions or secret. b. A decision to consult or refer is made jointly by the attending veterinarian and the client.

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Gay Ethics: Controversies in Outing, Civil Rights, and

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Finally, as school employees, school social workers must comply with the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act (HIPAA). To encourage the parties to find a resolution to a health care dispute before trial, a few states require the parties to submit to mediation. If the appointed Dean’s Designee is unable to serve, the Dean shall choose one or more alternate bar-admitted professional staff members, deans, or faculty members to fulfill the duties of the Dean’s Designee.

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Professional Responsibility (Siegel's)

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A judge should avoid appointments which tend to create the appearance of impropriety. Although the announcement of an indictment, for example, will necessarily have severe consequences for the accused, a prosecutor can, and should, avoid comments which have no legitimate law enforcement purpose and have a substantial likelihood of increasing public opprobrium of the accused. The PVME comprises the following Principles, the Supporting Annotations, and Useful Terms.

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The Rights of God: Islam, Human Rights, and Comparative

Irene Oh

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Gould $200 for the filing fee and asked WTP to file her petition. A CPA who uses CPA in or with the name of the business or offers or renders audits, reviews, compilations, agreed-upon procedure or engagement services performed in accordance with the standards in 21 NCAC 08A .0301(b)(5) in the public practice of accountancy to clients shall do so only through a registered sole proprietorship, partnership, Professional Corporation, Professional Limited Liability Company, or Registered Limited Liability Partnership. (b) Authorized Ownership.

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The Naked Truth Bound in Scorn

Jody Ortiz

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ISSUE: Whether or not respondent is bound to observe the same standard of conduct governing his relations with his paying clients when he voluntarily offered his services according to Rule 14.04 of Canon 14 of CPR. In order to encourage Ohio respiratory care providers to maintain an updated understanding of the laws and rules governing the practice of respiratory care; or understand the concept and application of medical or professional ethics, the Ohio Respiratory Care Board now requires licensed respiratory care professionals or experienced-based limited permit holders to obtain one contact hour of continuing education on Ohio respiratory care laws/rule review or medical/professional ethics.

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