...Measuring the Effectiveness of Business Practice Laws Jennifer Torres Fuentes DeVry University Measuring the Effectiveness of Business Practice Laws In the world of business, laws that are intended to protect and ensure fairness amongst competitors and consumers have their ups and downs when it comes to how effective they really are. There are various policies and procedures that are put in place in an attempt to promote fair, balanced and competitive business practices, whose effectiveness suffers because of a lack of enforcement to their terms. Until society as a whole owns up to how badly we have reverted into unethical and demoralized behavior, the effectiveness of laws put into place to encourage us to practice socially responsible behavior will not be effective. When the needs of the many supersedes the needs of the few, only then will these laws, policies and procedures put in place to encourage socially responsible behavior being to have any real effect. The Federal Trade Commission (FTC) enforces federal consumer protection laws that prevent fraud, deception and unfair business practices. The Commission also enforces federal antitrust laws that prohibit anticompetitive mergers and other business practices that could lead to higher prices, fewer choices, or less innovation. The Commission has enforcement or administrative responsibilities under more than 70 laws. They are grouped in three categories: (a) Statutes relating to both the competition and consumer...
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...Irene, Alvin and Derrick are directors and shareholders of Condos Pty Ltd, a condominium construction company. The market for condominium construction is very competitive and so each of the directors devise expensive advertising campaigns. Unfortunately, Irene, Alvin and Derrick are not very good financial managers so they have employed a financial accountant, Angela, to manage the financial side of the business. Angela is in charge of paying Condo’s subcontractors. Angela advises Irene, Alvin and Derrick them to cut back on their advertising campaigns as the company’s cash flow is in peril. The directors tell Angela not to interfere with managerial decisions. Angela finds it increasingly hard to pay Condo’s creditors, and starts only paying select creditors to allow the company sufficient cash to continue operating. In frustration, Angela resigns. The directors realise the position that Condos is in and put the company into voluntary liquidation. The liquidator investigations the action of Irene, Alvin and Derrick in the months leading up to the liquidation. Advise the liquidator as to whether the directors may be liable for insolvent trading. Answer Issue Have the three directors, Irene, Alvin and Derrick breached the insolvent trading provisions of the Corporations Act 2001 (Cth) (Corporations Act)? Rule Section 588G applies to impose liability upon a person if (relevantly for the facts in question): (a) the person is a director of the company...
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...Unit 8 Assignment: Kaplan University: Unauthorized Practice of PA253: Legal Ethics 10/17/2014 Unauthorized Practice of Law Mr. Stan Smith calls his friend, “Polly Paralegal,” and Leaves a message asking, “Do the grounds for divorce In North Carolina include adultery? Later that day, Mrs. Stan Smith calls Polly Paralegal and leaves a message Asking, “Do I have grounds for divorce in North Carolina? I just found out that “Stan” committed adultery.” North Carolina Law: If you or your spouse is engaging in extra-marital “affairs,” then the position of filing an “alienation of Affections” or “criminal conversation lawsuit” against Your spouse paramour” seeking substantial money damages Against your spouse’s paramour. If that is the case, you Are well-advised to obtain proof of his or her affair. Polly Paralegal did not engage in the unauthorized Practice of law. Under the ABA Model Rules, the….Unauthorized practice of law is defined as 84-37 (c) Actions brought under this section shall be the superior Court of any county in which the acts constituting Unauthorized or unlawful practice of law are alleged To have been committed or in which there appear Reasonable grounds that they will be committed or in The county where the defendants in...
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...patent prosecution and protection) Costs Marketing streams (such as agreements with doctors, pharmacies, and hospitals to promote or utilize the drugs, and then making sure that the doctors legally and properly utilize the drugs) Significant legal barrier What are the possible ethical dilemmas present in this example? There are possible issues here with trade agreements, which are illegal under the Sherman AntiTrust Act. Also, there is an issue with costs--since companies are directly refusing to compete, the buyers lose out and as such an unfair agreement has taken place.Dimitry Alexander Kaplun40281.1716250347 Expert Type | Attorney | Category: | Business Law | Pos. Feedback: | 98.5 % | Accepts: | 1005 | Answered: | 4/13/2010 | Experience: Run my own successful business/contract law practice Ask this Expert a...
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...allegedly Monsod does not possess the required qualification of having been engaged in the practice of law for at least ten years. Challenging the validity of the confirmation by the Commission on Appointments of Monsod’s nomination, petitioner filed a petition for Certiorari and Prohibition praying that said confirmation and the consequent appointment of Monsod as Chairman of the Commission on Elections be declared null and void because Monsod did not meet the requirement of having practiced law for the last ten years. ISSUE: Whether or not Monsod satisfies the requirement of the position of Chairman of the COMELEC. HELD: The practice of law is not limited to the conduct of cases in court. A person is also considered to be in the practice of law when he: “. . . for valuable consideration engages in the business of advising person, firms, associations or corporations as to their rights under the law, or appears in a representative capacity as an advocate in proceedings pending or prospective, before any court, commissioner, referee, board, body, committee, or commission constituted by law or authorized to settle controversies. Otherwise stated, one who, in a representative capacity, engages in the business of advising clients as to their rights under the law, or while so engaged performs any act or acts either in court or outside of court for that purpose, is engaged in the practice of law.” Atty. Christian Monsod is a member of the Philippine Bar, having passed the bar examinations...
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...legal malpractice. FACTS: Jonas Sheldon, a licensed bar member of Ohio, was vacationing in San Diego when he ran into a friend, Sheila Thompson. Thompson, a graphic designer, approached Sheldon seeking legal advice regarding a noncompetition clause that her previous employer imposed upon her. Thompson’s previous employer was attempting to enforce the clause as she started her own company. Upon Sheldon and Thompson’s rendezvous, Thompson pled with Sheldon for legal advice regarding the enforceability of the clause. Although first informing Thompson of his inability to practice law in California, since he was not licensed there, Sheldon agreed to “look into it” for Thompson. Sheldon was not approved by California Courts to counsel pro hac vice and did not have malpractice insurance. Sheldon conducted research and informed Thompson that the clause was valid under Ohio law, thus likely valid under Californian law. Thompson, abiding by Sheldon’s advice, later contacted Sheldon of her intent to sue since the noncompete clause is invalid in California. DISCUSSION:...
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...any law student to describe what “practice of law” means, and he or she will invariably quote the definition given by the Supreme Court in Renato L. Cayetano v. Christian Monsod, et al. (201 SCRA 210 [1991]): “Practice of law means any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. ‘To engage in the practice of law is to perform those acts which are characteristics of the profession. Generally, to practice law is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill.’ (111 ALR 23)” (at p. 214) The issue in the case was whether or not the respondent Monsod, a lawyer, was qualified for appointment as Chair of the Commission on Elections (COMELEC), since Art. IX-C, Sec. 1[1] of the 1987 Constitution requires that, inter alia, a majority of the COMELEC, “including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years”. The Court, thru Justice Paras, stated that there “seems to be no jurisprudence as to what constitutes practice of law as a legal qualification to an appointive office” (at p.212), determined that the practice of law is not limited to the conduct of cases in court (at pp. 216-217) and pursuant thereto, found that Monsod was qualified for appointment as COMELEC Chair: “Interpreted in the light of the various definitions of the term ‘practice of law’, particularly...
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...Issued License be Able to Practice Law? Majoring in the legal field has always been a dream of mine. As a little girl, I dreamed of serving the public, sitting in a courtroom and putting “bad guys” behind bars all in a day’s work. I then imagined myself leaving the courtroom and treating myself to a shopping spree, manicure and massage all on a lawyer’s salary. I thought I had everything figured out and life would be perfect as I rode off into the sunset with Prince Charming wearing my suit, and carrying a briefcase. Since then, I have learned law is much more complex than I ever imagined and the idea of a perfect career began to blur right before my eyes. I then decided a career as a paralegal was a better fit for me. I started the path to my career as a paralegal at Minnesota State University Moorhead, and even took an introductory course last fall. One day, my professor asked the class if we thought practicing law without a government issue licensed was considered the unauthorized practice of law. The class began a debate that took nearly the entire class period. It was that moment I became aware of the changes that lie ahead in the legal field before I get my degree. In the last year, a hot, new topic has starting being discussed in the legal field and has created controversy and difference in opinion amongst all fifty states. The controversy began when Washington legalized the limited practice of law to individuals without a government issued law degree. They give the title...
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...Re: Security Protocols in the Law Office Date: April 8, 2014 You have asked me to research the ethical rules about what is permissible for the website that you plan to create for the law firm. I have conducted legal research on the following issues and am presenting my findings, as follows: 1. Does the website have to list the state where s/he is licensed to practice? Yes, the website does have to list the state or states where he/she is licensed to practice law. In ABA Model Rule 5.5: Unauthorized Practice of Law; Multijurisdictional Practice of Law, it states that a lawyer can not mislead, or withhold their jurisdiction of legal practice to the public, or misrepresent that they can practice law in a jurisdiction that they can not. A lawyer must make it known publically where they legally can practice law. The website must list your state or states that are in his/hers legal licensed jurisdiction must be specifically listed and can not be with held from general public knowledge or misleading to the public. His/hers state or states of licensed practice must be clearly listed to the public on any form of advertising, including websites. 2. Can the attorney list a legal specialty on the webpage? If so, are there specific rules that have to be followed? Is the attorney allowed to state that s/he is a certified personal injury litigator? Yes, the attorney can list particular fields of law that they practice or do not practice, and yes they can list their specialty...
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...Affiliations 9 Outlook 10 Lifestyle Impact 10 Conclusion 11 Introduction A lawyer, according to Black’s Law Dictionary, is “a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law” (Black, 2009). Lawyers are a part of the system of rules of conduct established, by the sovereign government of a society to correct wrongs, maintain the stability of political and social authority, and deliver justice (Wikipedia). Also, lawyers conduct criminal and civil lawsuits with a broad range of other topics They prepare legal documents in order, to prepare any upcoming assignment to advise clients on legal rights, and practice other phases of law. “Lawyers, also called attorneys, act as both advocates and advisors” (Statistics, 2012). They represent clients on all levels from courts or before government agencies. The main task of a lawyer is to gather evidence to defend clients or prosecute defendants in criminal or civil litigation. According to the Occupational Handbook, “as advocates, they present one the parties in criminal and civil trials by presenting evidence and arguing to support their client. While, as Advisors, lawyers counsel their clients about their legal rights and obligations and suggest courses of action in business and personal matters” (Statistics, 2012). Thus, all attorneys research the intent of laws and judicial decisions and apply what they have learned and understood to the matters or...
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...MONDAY When Jane came into the office, Carl offered to talk to her when she asked for an attorney. He did not identify himself as a paralegal. Carl failed to identify himself as a paralegal. ABA 5.5 (b) ( NFPA EC-1.7(a) A paralegal’s title shall clearly indicate the individual’s status and shall be disclosed in all business and professional communications to avoid misunderstandings and misconceptions about the paralegal’s role and responsibilities. When Carl took a third person into the interview, that was a breach of confidentiality. (NFPA 1.5 A PARALEGAL SHALL PRESERVE ALL CONFIDENTIAL INFORMATION PROVIDED BY THE CLIENT OR ACQUIRED FROM OTHER SOURCES BEFORE, DURING, AND AFTER THE COURSE OF THE PROFESSIONAL RELATIONSHIP) ABA 1.6 Carl was advising the client about alimony, fees, and other matters, which crossed the line on practicing law. (NFPA EC-1.8(a) A paralegal shall comply with the applicable legal authority governing the unauthorized practice of law in the jurisdiction in which the paralegal practices) ABA 5.5 Carl allowed the friend of the client to possibly see names and information on Attorney Howe’s desk. (NFPA 1.5 A PARALEGAL SHALL PRESERVE ALL CONFIDENTIAL INFORMATION PROVIDED BY THE CLIENT OR ACQUIRED FROM OTHER SOURCES BEFORE, DURING, AND AFTER THE COURSE OF THE PROFESSIONAL RELATIONSHIP.) ABA 1.6 When Jane and Zeke walk through the reception area, Carl starts talking loudly about the case, mentioning alimony—another breach of confidentiality. (NFPA...
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...Incorporated Legal Practices Self-assessment Audit Legal Profession Act 2004 (Section 2.7.22) SELF ASSESSMENT AUDIT SECTION 2.7.22 LEGAL PROFESSION ACT 2004 Page Number: [1] Version 1.0 – 201207 INTRODUCTION SECTION 2.7.22 SELF ASSESSMENT AUDIT The Legal Profession Act 2004 (“Act”) contains the key provisions governing the operation of Incorporated Legal Practices (ILPs) and is the source of the Legal Services Board’s (LSB) powers to undertake audits and investigations in respect of ILPs, their legal practitioner directors and executive officers. The LSB has the role of regulating ILPs to ensure compliance with the Act, the Legal Profession Regulations 2005, any legal profession rules and the general law. Working with the Law Institute of Victoria (LIV), the LSB will exercise its statutory role as regulator for ILPs while the LIV will have an educative and member-services focus. Section 2.7.22 of the Act provides that the LSB may undertake an audit to ensure compliance by the ILP with the provisions of the Act. The LSB requires every corporation that engages in legal practice in Victoria to undertake an internal (or self-assessment) audit of its compliance with its obligations under Part 2.7 of the Act. Part A of this form relates to information about your practice. The purpose of this part is to assist the LSB in understanding your practice better to ensure that the corporation is complying with section 2.7.22 of the Act. The information gathered under the LSBs investigative...
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...person and in the legal profession. Atty. Casimiro, or Uncle Lando, as I normally call him, is third among twelve children, the eldest son and my mother’s older brother. Born to a father who was a government employee and a mother, a homemaker, life was never easy growing up with the rest of his siblings in Dumaguete City, Negros Oriental. But with much perseverance and determination, he managed to obtain his degrees in Business Administration, Major in Management, and Bachelor of Laws at the well-reputed Silliman University. Immediately after passing the Bar in 1978, Atty. Casimiro engaged in private practice which lasted for about 13 years. His professional career then took a turn in 1991 when he started working for the Office of the Ombudsman as Graft Investigation Officer (GIO) II. While serving as GIO II, he was cited as Outstanding Employee for his exemplary performance.[1] In 1994, he was promoted Director for the Preliminary, Investigation and Administrative Adjudication Bureau (PIAAB), Ombudsman for Military Affairs (now Military and Other Law Enforcement Offices or MOLEO) and concurrently as Acting Assistant Ombudsman for the Fact-Finding Intelligence and Research Office (FIRO) in 1999, and then was later promoted in 2000 as Deputy Ombudsman for MOLEO. In 2006 came the highlight of his career in government service – his appointment from the Malacañang as Overall Deputy Ombudsman, the second highest ranking official of the Office of the Ombudsman. In May 2011...
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...In this paper, we will discuss the common methods and decisions made to advance onto the chosen career path of a Lawyer; including education requirements, such as passing the Law School Admission Test (LSAT), earning my Juris Doctor (J.D) and passing the state bar examination. Along with further licensing, social and work ethics, salary, income, expenses, commute, as well as my current academic planning and major goals. 1-What is the education requirement? To become a lawyer, you must first complete a bachelor's degree as a minimum education requirement, to progress further you have to take the Law School Admission Test (LSAT) which can last half a day, or four-five hours long, after which admissions staff from law schools will assess your results. It is important to note that the Law School Admission Test is different from the State Bar Exam in where the State Bar Exam lasts 18 hours across the span of...
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...Antitrust Laws and Competitive Business Practices The fair, balanced and competitive application of U.S. laws as applied to business practices Introduction Several laws have been enacted to provide protection to businesses in our free-trade market. There are times when trading within the free market does not demonstrate the fair, balanced and ethical conduct deserved in competitive business. Trying to compete in a market where practices aren’t regulated deprives businesses the benefits of competition, resulting in higher prices for products and services which in turn affect the economy. Unfair trade practices have been around for as long as trade itself. Unfair practices were under scrutiny as early as 470 B.C. Grain was so vital to Greece’s population that trade laws were enacted. A percentage of grain was taken by the state therefore taxes were applied to anyone not importing directly to Athens. Death applied to anyone restricting imports (http://www.ancient.eu/article/115/). The latter was definitely extreme but regulations now cover a broader range of violations with less severe consequences. The federal government enforces three major antitrust laws. These laws address unfair practices that deprive businesses the benefits of interstate and international trade. Federal antitrust laws apply to virtually all industries and to every level of business, including manufacturing, transportation, distribution, and marketing. The Sherman Antitrust...
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