...Confidentiality: Public Information Vanessa Martinez Kaplan University Part 1 Confidentiality: Public Information Any party of a legal team working on a case has the duty to remain silent when information about a case has been made public. “The Duty-is a personal promise made to each client” (Confidentiality Issue: Public Information) Thomas F. Goldman. Rule 1.6 of ABA model rules requires lawyers to keep any information received from a client private at all times, even if the case is made public. For instance, in the video Alesha reads a newspaper article aloud containing information to a case Judy is currently working on. Even though the case was public and Alesha read it aloud Judy was still not able to give any information to Alesha due to confidently laws that protect the client. Information made public can always be false, newspapers always want to create drama sometimes creating more of the situation when that is not the case. In the second scenario Judy did the right thing by telling Alesha she shouldn’t believe everything she reads and that it was not a good idea to talk about the case where there are so many people present. If incorrect information about a case has been made public, members of a legal team cannot correct this misinformation. If any person in a legal team decides to correct the information, it would be a violation of confidently and can result in serious consequences. Information that newspaper leaks or creates is to be ignored and attorneys are...
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...may be ethical or legal, it may conflict with one’s personal beliefs and morals. It’s hard to imagine that one might not know right from wrong. Honestly, think about it. Are we not molded and nurtured to know what is socially acceptable? Were we not brought up knowing that it is wrong to lie, cheat, and steal? In this paper, I will define the differences between ethical issues and moral issues as well as the difference between personal ethics and business ethics. Ethics can be defined as the principles, norms, and standards of conduct that govern an individual or group in which focus is on conduct (Trevino, Nelson 2007). Ethics is considered to be a science of conduct by many philosophers and is the ground rules by which we live our lives. The rules, code of conduct, policy or handbook is typically a written form of the ethics in which a business expects its employees to follow and behave. Generally these rules are what most would consider normal rights and wrongs, dos and don’ts. An ethical issue might be a situation that concerns right and wrong where values are in conflict (Trevino, Nelson 2007). As mentioned in the opening of this paper, are we not raised from birth knowing what is expected? What is ethical? This question is debatable when it comes to psychology. Studies show that behavior results from both nature and nurture; that individuals come to organizations with predispositions that influence their behavior, but the work environment can also have a large...
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...DUTIES TO CLIENT Fiduciary Duty Attorney Must place the client’s interests above their own for representation and must treat the client fairly. Duty of Loyalty Attorney must pursue clients objectives unfettered by conflicting responsibilities or interests Duty of Diligence Attorney must pursue clients interests without undue delay Duty of Competence Attorney must give client competent representation legal knowledge, skill thoroughness and preparation Duty of Confidentiality from the 6th Amendment Right to Effective Counsel Duty of Confidentiality versus Attorney-Client Privilege The Attorney Client privilege is a shield in evidence which protects all documents created for the client during discovery....if a third party is present the privilege is lost. Work-Product Doctrine this extends to memorializations of conversations with 3rd parties, but not the actual conversations themselves. Anything produced/recorded in the process of and bearing on the legal representation of a client is protected (e.g. interviews, artifacts, documents, mental impressions...meaning ideas/thoughts, etc) POLICY: We want attorneys to record their impressions so they can have more sophisticated representation, therefore we protect it. BUT, if your opponent can show a substantial need for the material AND they show that they cannot get it in any other way....then you have to hand it over. The attorney-client privilege is thus stronger than work product (because WP can be...
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...Attorney’s A prosecuting attorney has many ethical obligations however, for the purposes of this paper I will use three of them. Procedural justice is a step by step set of guidelines to ensure that every defendant is afforded his/her legally guaranteed representation. Sufficient evidence establishes the innocence, or guilt of a defendant. Special procedures exist to prevent, and rectify, if necessary, the conviction of an innocent individual. Defense attorneys’ have several ethical obligations to his/her clients however, for the purposes of this paper I will use three of them. Confidentiality is a paramount responsibility for a defense attorney because it guarantees to a defendant that the information he/she discloses to his/her attorney will not be disclosed in a manner that could jeopardize his/her innocence. Eliminating a conflict of interest or the appearance of any type of conflict is a legal responsibility that defense attorneys must ensure to his/her clients. Zealous representation is an ethical obligation that a defense attorney has to ensure he/she will represent the client with all legal means possible for the defense of his/her client. The difference between the obligations of a prosecuting attorney and a defense attorney lie within the interests of each group. A prosecuting attorney is responsible for monitoring procedural and substantive justice while representing the interest of his/her municipality. A defense attorney has a legal obligation...
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...Website Regulatory Paper The Federal Government presents a legislation that administer Healthcare professionals, Social Services, and employees to safeguard of individuals medical records. These materials are endorse in the Health Insurance Portability and Accountability Act (HIPPA. State Governments apply this act to the protection of children (Child Protective Services (CPS) and adults Department of Social Service (DSS). Team A will discuss how Confidentiality, Privileged Communication and Rights to Privacy are applied at the state and county level. The Division of Youth and Family Services (DYFS) is New Jersey’s child protection and child welfare agency within the Department of Children and Families. As mandated by state law (Title 9 and Title 30), DYFS is required to investigate all reports of child abuse and child neglect (Division of Youth and Family Services, p. 1, 2008). New Jersey was one of the first states in the nation to create a state division on aging. Chapter 72 Law of 1957 established within the State Department of Health, a state unit on aging. In 1973, amendments to the federal Older Americans Act of 1965 authorized states to designate geographic planning and service areas to be administered by Area Agencies on Aging. New Jersey designated each of its 21 county offices on aging as Area Agencies on Aging, making each eligible for federal funding under the Older Americans Act (DEPARTMENT OF HEALTH AND SENIOR SERVICES, p. 1, 2009-2013) . AND SENIOR...
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...Final Term Paper Kaplan University March 20, 2015 Regulations: Accountants Responsibilities Accountants have many responsibilities in different areas. They have responsibilities to clients, to thirds parties, and to the government. They have a responsibility to know the regulations, rules and laws that have been put in place for accountants. Lastly accountants have a responsibility to perform their obligations and duties by the code of conduct and to the code of ethics. We will start off with the client. The client by definition is the person who pays the professional or organization for services; the person who engages the professional for their advice or services they render. (Legal Dictionary) For these services the client must cooperate with the accountant in every aspect the accountant deems fit, within the scope of their profession. The accountants responsibilities to the client include to act with integrity, objectively, due care, competence, fully disclose any conflict of interest, maintain client confidentiality, disclose fees to client, and serve the public interest when providing financial services, (AICPA code of conduct) Accountants can also have fiduciary duties to a client if the accountant gives advice to a client involving taxes, assessing management or business consulting. Fiduciary is a legal duty to act solely in the best interest of the client. The case below involves an Atlanta-based accountant breaching his fiduciary duty involving client confidentiality...
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...Also no state created privilege has held up in federal cases. A decade later, as part of the IRS reform, Congress enacted IRC §7525. The section provides that with respect to tax advice, the same common law protections of confidentiality which apply to a communication between a taxpayer and an attorney shall also apply to a communication between a taxpayer and any federally authorized tax practitioner to the extent the communication would be considered a privileged communication if it were between a taxpayer and an attorney. Section 7525 would not apply if the communication between a taxpayer and an attorney was criminal information discuss. 10. Explain the relationships between FOIA and IRC §6110. Does the section augment or limit...
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...or solo attorneys the professional work ethics and helping to reduce the cost of the attorney’s overhead. With the vast improvements in technology over the years, it has allowed more out of the office work to be done. Having a laptop gives you more flexibility with travel and still be productive. Wi-Fi hotspots are readily available in many locations when traveling. What makes this excellent for small law firms and solo attorneys is that they can reduce the cost of their overhead. The small law firms and solo attorneys need the assistance of paralegals. Utilizing a paralegal outside of the office can still provide a professional level at a cost that is more cost efficient. There would be no salary to pay out, but rather an hourly rate. They would not necessarily need the extra office space expenses for a paralegal by resourcing out. Using virtual paralegals also allows the attorneys to do what they went to law school for, and that was to practice law. The average of a full-time employee hired by an office averages around $62,000 annually (Starr, 2013) which comes out to about $30 an hour. Attorney offices also have the expenses of 35 percent of taxes and benefits. Attorney's overhead costs come to around $84,000 each year. The smaller law firms or solo attorney can cut expenses down considerably by using a virtual paralegal. Smaller law firms and solo attorney may not need full-time paralegals. A virtual paralegal hired by a small firm or solo attorney works...
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...with a thought to potential litigation. Attorney Client Privilege and the Work Product Doctrine are two separate and distinct issues and should be treated within the legal world as separate disclosures. Attorney Client Privilege, which originated in Roman and canon law, has evolved into a recognized judicial doctrine and is necessary in order to provide clients with access to effective, well informed counsel. In Upjohn Co. v US the Supreme Court the Court stated that “Its purpose is to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law and administration of justice.”(a) However, since the passage of the Patriot Act (b) (terrorism, September 11, 2001), and the various corporate scandals leading to the Sarbanes Oxley Act(c) and the Securities and Exchange Commission (2001 Seaboard Report) and the fall out from such companies as Enron, WorldCom the federal, state and regulatory offices of the government are attempting to pierce the Attorney Client Privilege. The government has attempted through two (2) separate practices to tear into what was once considered a “privilege” that was recognized and adhered to throughout the US. The two (2) issues we know face are (i) attorneys are being required to “waive” attorney client privilege in order to appear cooperative. Failure to waive has resulted in the court stipulating that the attorney was being uncooperative; thus penalties have...
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...SUPPORT@ACTIVITYMODE.COM CJS 220 V4 ENTIRE COURSE CJS 220 Attorney Client Confidentiality CJS 220 Capstone CJS 220 Due Process CJS 220 Final 1 CJS 220 Final 2 CJS 220 Final CJS 220 Law Opinion Paper CJS 220 Legal Defenses CJS 220 Structure Of Court Systems CJS 220 Week 1 Checkpoint CJS 220 Week 1 DQ 1 CJS 220 Week 1 DQ 2 CJS 220 Week 2 Assignment CJS 220 Week 2 Checkpoint 1 CJS 220 Week 2 Checkpoint 2 CJS 220 Week 2 Checkpoint CJS 220 Week 3 DQ 1 CJS 220 Week 3 DQ 2 CJS 220 Week 4 Assignment CJS 220 Week 4 Prosecution Versus Defense Paper CJS 220 Week 5 Checkpoint CJS 220 Week 5 DQ 1 CJS 220 Week 5 DQ 2 CJS 220 Week 6 Assignment CJS 220 Week 6 Case Attrition CJS 220 Week 6 Criminal Justice Models Paper CJS 220 Week 7 Checkpoint The Bail System CJS 220 Week 7 DQ 1 CJS 220 Week 7 DQ 2 CJS 220 Week 8 Assignment CJS 220 Week 8 Checkpoint 1 CJS 220 Week 8 Checkpoint 2 CJS 220 Week 8 Juvenile Court Process CJS 220 Week 8 Punishment Philosophy Paper Activity mode aims to provide quality study notes and tutorials to the students of CJS 220 v4 ENTIRE COURSE in order to ace their studies. CJS 220 V4 ENTIRE COURSE To purchase this visit here: http://www.activitymode.com/product/cjs-220-v4-entire-course/ Contact us at: SUPPORT@ACTIVITYMODE.COM CJS 220 V4 ENTIRE COURSE CJS 220 Attorney Client Confidentiality CJS 220 Capstone CJS 220 Due Process CJS 220 Final 1 CJS 220 Final 2 CJS 220 Final CJS 220 Law Opinion Paper CJS 220 Legal Defenses CJS 220 Structure...
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...Name: HUY HUYNH Class: PHIL-370 Instructor: Michael Davis Third Paper ENGINEERS AND LAYERS Ornella Muti, P.E., was retained by plaintiff’s attorney to evaluate a transponder used in small planes to determine whether it could have been the cause of a mid-air collision. While doing the evaluation, Muti discovered that the transponder has a flaw which, though unrelated to the collision, might well cause another dangerous error, failure to respond during the approach to landing if the ambient temperature is too high. Since this second flaw both concerns public safety and was unrelated to the case, Muti sent a senior engineer at the defendant company a copy of the relevant parts of her report when she sent the entire report to the plaintiff’s attorney, telling the attorney what she had done. Plaintiff’s attorney then filed a complaint with us, alleging breach of confidentiality, breach of contract, and other unprofessional conduct. The case is pretty simple to understand. Muti was hired by a plaintiff’s attorney to investigate a transponder whether it caused a mid-air collision. While doing so, she found an unrelated flaw that could cause a hazard. She sent a second engineer at the defendant company parts of her report, and then sent a full report to the plaintiff’s attorney, telling about the second engineer. The attorney filed a complaint against Muti. The case itself has a few ambiguous details. We have made the following assumptions to clarify these ambiguities so that we...
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...History of Ethics: 1908 – Canon of Ethics 1969-70 Model Code 3 parts: 1. ethical considerations → what lawyers should do. 2. disciplinary rules → what lawyers must do. good 3. BAR _______________ acceptable set minimum conduct bad 1983 – Model Rules – most states follow. Set forth rules & comments akin to DR (set forth minimum conduct acceptable) 2000 – Ethics 2000 Commission ▪ California Rules of Professional Conduct – the only state to reject the ABA’s model rules or code. ▪ Ethics are governed by the highest court in the profession, not the legislature ▪ Vast majority of states, state bars (looking to ABA rules, not CA though) come up with the rules. 1. Licensing and Bar Admissions ▪ Regulated by the states. Most jurisdictions have chosen to test as a means of acceptance to the bar. ▪ Residency Requirement: 1. Out of State Residents - May the state discriminate against who gets into the BAR on the basis of residency? No. Supreme Ct v. Piper – woman applied to NH bar, lives 400 yards from NH border & application denied. Piper was admitted despite the state’s claims that non-residents were less likely to be familiar w/ local rules, lawyers not living in NH can’t be trusted, and out of state lawyers are less available for in state proceedings. Rule: State bar cannot discriminate on the basis of residency. 2. Geographical Restriction – some states permit waiver of the bar exam – ex: if...
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...writer and college instructor who has had wide legal and educational experience. He graduated with his Bachelor of Arts degree in English from the University of Kentucky in 1976 and three years later received his law degree from the same school. He has been a partner in a law firm, a solo practitioner, and has done work in General and Family Mediation. He has also been a fulltime instructor in Paralegal Studies at Sullivan College, Lexington, KY, where he has taught such classes as Legal Research, Advanced Legal Writing and Appellate Practice, and Wills and Estates. He was given the “Teacher of the Year” award in 1997. Mr. Wilson has also had a number of papers published on legal topics in both scholarly and popular journals. About the Reviewer Brian Bastyr is a senior attorney editor for West Group, a legal publishing company. He earned a bachelor’s degree at the University of Illinois, and a Juris Doctor from the University of Illinois College of Law. He is currently a member of the Illinois bar, and has published a number of articles in legal journals. All terms mentioned in this text that are known to be trademarks or service marks have been appropriately capitalized. Use of a term in this text should not be regarded as affecting the validity of any trademark or service mark. Copyright © 2015 by Penn Foster, Inc. All rights reserved. No part of the material protected by this copyright may be reproduced or utilized in any form or by...
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...220 Attorney Client Confidentiality Write a 200- to 300-word response describing the concept of attorney–client confidentiality and its importance to the criminal justice system. Include a discussion of the major concerns involved in maintaining confidentiality. CJS 220 Capstone Capstone Discussion Question Post your response to the following: This course has taught the law as a “living body.” How do personalities, actions, trends, political correctness, and the moral aptitudes or ineptitudes of society influence the creation of governing laws? Do you think laws are a reflection of society or society is a reflection of laws? Explain your answers. CJS 220 Due Process Write a 200- to 300-word response describing the concept of due process, including how it applies to the criminal justice system. CJS 220 Final Write a 700-to 1,050-word paper in which you describe the appeals process. Address the following: · What is an appeal? · How do appeals factor into the overall criminal procedures and processes? · How can we improve the appeals process? Include at least one example of a real-world case that went through the appeals process. Explain why this appeal did or did not succeed. Format your paper and resource consistent with APA guidelines. CJS 220 Final 1 In this file of CJS 220 Final 1 you will find the next information: Write a 1500-1700 words paper on Fiction...
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...* on: 31-May-2012 12:18 PM CDT * Word Count: 709 * Submitted: 1 ethical moral issues in businessBy Kimberly Cobbs Similarity Index 4% What's this? Similarity by Source Internet Sources: 4% Publications: 0% Student Papers: N/A include quotedinclude bibliographyexclude small matchesdownloadrefreshprint mode: 4% match (Internet from 4/8/11) http://www.termpaperwarehouse.com Ethical and Moral issues plays a major role in today business environment. Employers and managers needs to communicate more and compromise his or her ethical and moral belief. In the business Companies are encountering issues worldwide. On the business side the managers are handling the company specific issues and on the moral side observation and decision making are the specifics issues. Morals; are principals, values, and belief that determines the way an individual think, behave and respond To a situation. Although these four terms has distinctive meanings however they have different terminology. Morals are and principals are forms of value, values are a form of belief, and theses four terms represents ethics, in which deals with an individual behavior and the norm to distinguish right and wrong. Ethic; is consist of the four terms, morals, principals, values, and beliefs that people uses to control their behavior. Ethics combine these terms together by the way people think and believe also it dictates how an individual will act and show his or her moral values through their actions...
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