...A contingent fee (in the United States) or conditional fee (in England and Wales) is any fee for services provided where the fee is payable only if there is a favourable result. In the law, it is defined as a "fee charged for a lawyer's services only if the lawsuit is successful or is favorably settled out of court.... Contingent fees are usually calculated as a percentage of the client's net recovery."[1] In the English legal system, it is generally referred to as no win no fee. A conditional fee agreement between a law firm and a client. The usual form of this agreement is that the solicitor will take a law case on the understanding that if lost, no payment is made. However, if the case is won, the lawyer will be entitled to the normal fee based on hourly billing, plus a success fee. The success fee in England must be as a percentage no greater than 100% of the normal fee. This contrasts with the contingency fee in the US, which gives the successful attorney a percentage of the damages awarded in favor of his client. This makes it easier for the poor to pursue their civil rights since otherwise, to sue someone for a tort, one must first be wealthy enough to pursue such litigation in the first place. However, because of the high risk, few attorneys will take cases on a contingency basis unless they feel the case has good merit. According to a 2004 book by law professor Herbert Kritzer, contingent fees were allowed as of that year in the following countries: Australia...
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...Attorney FEES – Lovell * American rule: - every party takes care of Attorney fees * Some states have embraced the catalyst theory – * England has fee shifting in every civil case: - there is a SC that determines nothing in England but attorney fees. * The reality with this is that there is less litigation because any losing party has to pay the others fee. * The cost should be reasonable so you can’t just say that you billed all the amount and now need to be paid. * Civil rights attorney fee: - The second front: - The battle lines for civil rights – there is grudging attitude on court awarded attorney fees – since 1987 we have had the grudging area of the court allowing attorney fees – hard to get fees if prevailing party, hard to calculate – grudging – * The attorney fee is statutory – so congress can change the rules. * The case below – if negotiating on fees as a plaintiff then negotiate the fees in the agreement (attorney fees) – so you negotiate the fee with the settlement decree or you will be out of luck. * Dissent: - * Pg. 912- there is a 2 tier standard for a prevailing P: - * You get the fees regularly absent circumstances that would render the fee unjust. E.g pro se representation. * Garland independent school: - ct held that you don’t need a central issue standard; - just need to point to a ….. Civil Rights Attorneys’ Fees Award Act of 1976 (42 U.S.C. § 1988(b)) 1. In any action or proceeding to enforce...
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...A contingent fee agreement is a contract with the client to take a specified percentage of the money collected as compensation. Only civil cases are appropriate for a contingent fee agreement because there is no financial recovery in a civil trial. A benefit of a contingent fee agreement is that the client does not have pay the attorney up front. This allows people who, under normal circumstances might not be able to afford an attorney, the ability to prosecute a claim effectively. In some instances, contingent fees are negotiable allowing for some flexibility in payments. Another advantage is that the attorney does not collect a fee if the client doesn’t win the case. On the other hand, there are several disadvantages to a contingent...
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...Civil Justice Tutorial III i. What is proportionality and why is it so “new” in the Civil Procedure Rules? To extent does it different proportionality a. under the EHCR (Campbell case) to assess different right sets of rights b. after the Jackson reforms? Jackson is just in relation to costs – cases that are justly and in relation to proportional costs focus on the system as a whole Campbell v Mirror Group Newspaper Ltd (Costs) HL (2005) A model sues a newspaper for breach of confidence. The case go through HC and CA. On appeal to HL, Campbell solicitors and barristers work on a CFA basis (95% success fee for solicitors, 100% success fee for barristers. She wins case (3,5000 compensation awarded) + costs (1, 086, 295 inc. success fee of 279, 981) The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story showing a picture of her leaving a drug addiction clinic, along with details of her addictions and the treament she had received. Held: The law of confidence is now better characterised as misuse of private information. “The need to be free to disseminate information regarding Miss Campbell’s drug addiction is of a lower order than the need for freedom to disseminate information on some other subjects such as political information. The degree of latitude reasonably...
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...Ampersand LLP Beaumont, TX TO: Partner FROM: Staff Accountant DATE: March 24, 2016 ------------------------------------------------- SUBJECT: Memorandum Privileged and Confidential Relevant Facts In 2013, Mr. Hobby suffered serious bodily injury while working at a local refinery in Beaumont. On his 2013 tax return, he deducted medical expenses of $25,000. On his 2014 tax return, he deducted medical expenses of $15,000. In 2015, Hobby won a civil lawsuit connected to his injury in 2013. He was awarded as follows: Punitive damages $150,000.00, reimbursement of medical expense $40,000.00, emotional distress $75,000.00, pain/suffering $200,000.00, interest $7,500.00, and attorney’s fees $25,000.00, totaling $497,500.00. Specific Issues Which portion of the award for damages is taxable in 2015? Support and Analysis Per IRC §104(a)(2), any damages (excluding punitive) received on account of personal physical injury are excluded from gross income. Therefore, both $75,000 for emotional distress and $200,000 for pain and suffering are a result of the injury and can be excluded from income. Treas. Reg. §61.1-14(a) specifies “for example, punitive damages…are gross income” meaning that the $150,000 of punitive damages from this lawsuit are considered gross income. These are considered income because the punitive award is primarily to punish the wrongdoer, and is not compensatory for the physical injury. However, IRS publication 4345 (Rev 4-2015) explains that income...
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...This agreement is BETWEEN _______________(bodyguard’s name) hereinafter referred to as Bodyguard and Individual and/or Company:________________________________________Client’s name on above line. Represented by: _____________________________________ Address:_________________________________________City:_________________________State:________Zip:_______ Hereinafter referred to as Client. A usable copy of this contract follows this explanation. All the first part, above, is doing is stating that this contract is between (fill in your name) and the client. (Fill in his personal name, company name, address). The client may want to have his attorney see this contract. 1. Purpose of Agreement: Circumstances have lead Client to believe that he, or other parties, are being targeted by criminal forces of some kind and he hereby agrees to contract with Bodyguard to provide personal protection services for himself and/or other parties for the length of time specified in this agreement. NOTE: Purpose of agreement. This is a statement stating that your client needs your assistance, and you are negotiating this agreement. 2. Duration: This contract shall be for a period of____________________________ from the below date. Contract must be signed by both parties and will remain in force unless terminated under conditions listed in Paragraph 3. If this contract should be terminated, for any reason, before the expiration date payment client agrees to pay bodyguard...
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...1. Concerning Joe Accountant, he should be found violating article of AICPA’s Code of Professional Conduct by the Joint Trial Board and should receive a revoking of his CPA credentials by the Board as punishment. At the issue Joe Accountant is whether or not violated article of AICPA’s Code of Professional Conduct, Joe found out the unethical and illegal actions taken by his superior, John Boss, and his client, Barbara Doctor, during his attest performance; However, He did take the proper action to address his findings and failed to prepare an amended tax form for Barbara’s 2011 taxes. As John ordered Joe to do before John left the firm, Joe did destroy material audit records. According to AICPA’s Code of Professional Conduct, members of the AICPA are responsible for the rules addressed in the Code. Joe Accountant’s actions should be considered under the following rules: Article II (The public interest): “members should accept the obligation to act in a way that will serve the public interest, honor the public trust…” Article III (Integrity): “to maintain and broaden public confidence, members should perform all professional responsibilities with the highest sense of integrity.” Under the section of Subordination of Judgment, “the Code provides a three-step procedure so that members may rest assured that they have not improperly subordinated judgment.” (The Ethical and Legal Environment of Accounting, 2-4) The three steps are summarized as: 1. Consider if...
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...What It Means To Be a Knowledge Worker: Actions, Roles and Productivity Simon K. Caines University of Maryland University College Abstract This paper discusses the concept of the knowledge worker. It seeks to describe the evolution of the knowledge worker from the point at which the term itself was coined by Peter Drucker; who they are and the type of work in which they are engaged. The paper will address the value of knowledge workers to organization, challenges associated with measuring their productivity in the workplace and the future outlook for this class of employees. What this paper does not attempt to provide are answers to many of the vexing questions surrounding knowledge work and the people who perform it. The paper will draw from current and past literature on the subject. What It Means To Be a Knowledge Worker: Actions, Roles and Productivity The Knowledge Worker In 1959 renowned management writer and thinker Peter Drucker coined the term ‘knowledge worker’. Drucker recognized that 20th century American corporate society had begun an evolution from the manual laborers of the industrial economy to one where the bulk of workers used their heads more than their hands (Drucker, 1999). According to Drucker, knowledge workers are “…high level employees who apply theoretical and analytical knowledge, acquired through formal education, to develop new products or services” (Drucker, 1994, p. 63). While the definition has evolved over the years by other...
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...Involvement of children in work at an early age leads to health and developmental consequences. Working children suffer significant growth deficits as compared with school children. They grow up shorter and lighter, and their body size continues to be smaller even in adulthood. Many of them work under conditions that leave them alarmingly vulnerable to chemical and biological hazards. Child workers tend to develop muscular, chest and abdominal pain, headaches, dizziness, respiratory infections, diarrhoea and worm infection. Poor working conditions make them more susceptible than their adult colleagues to infectious diseases, injuries and other workplace-related ailments. Many even experience amputations or loss of body parts. Moreover, children in certain occupations experience particular types of abuse. Child domestic workers are often found to be victims of verbal and sexual abuse, beating or punishment by starvation. Children, engaged in scavenging, rag-picking or marginal economic activities in the streets, are exposed to drugs, violence, and criminal activities, physical and sexual abuse in many parts of the country. Child labour is a denial of the right to enjoy childhood and achieve full physical and psychological development. Worse still, many hundreds of children are trapped in forced labour, debt bondage, prostitution and other kinds of jobs that cause lasting and devastating damage. Obviously the formulation of a National plan of action for the elimination of...
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...Temporary foreign worker program – Tim Hortons Introduced in 2002 and modified in 2007, this program allows employers to hire employees in occupations that usually require at most a high school diploma or a maximum of 2 years of job specific training. Visas maybe issued for 24 months. Employers are required to cover recruitment and return airfare costs, to ensure that suitable accommodation is available, to provide medical coverage until the employee is covered under a provincial plan and to sign an employee/employer contract. The work permit is issued with reference to a specific employer. Employees generally work in sectors such as cleaning, hospitality, manufacturing, oil and gas and construction. (Elgersma, 2007) Tim Hortons "is a company that a lot of Canadians identify with and it is very proudly a Canadian brand," says Howard Ramos, an associate professor of sociology at Dalhousie University in Halifax. "But it's also a company that is a pioneer in hiring temporary foreign workers and so for this reason I think it's important to highlight Tim Hortons as an exemplar of how the temporary foreign worker program has changed and expanded. (Davison, 2012) The temporary foreign worker program has man is a resort companies use to hiring as they will have exhausted all other avenues for finding employees locally. It is a great program mainly for foreign workers who come and work in Canada and if they like it here they can apply for permanent residency. Unlike immigrants...
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...children in domestic work in Pakistan. The children in domestic work are not recognized as ‘child labour’ by society and by a number of governments, but rather as a normal feature of society. The objective of this paper is to present various dimensions of this neglected segment within the child labour phenomena. The purpose is not only to highlight the similarities and differences in dimensions such as labour market characteristics and its arrangements, working conditions, violence, exploitation from the all inclusive and parent “child labour” category, but also to spell out testable hypothesis that can be the basis for future data collection and empirical analysis on the subject. Our premise is that the labour arrangements of child domestic worker in Pakistan are segmented along non-resident and resident. Thus working conditions, violence, exploitation and dynamics of demand and supply vary with this widely observed segmentation. Although legislations and action plans on child labour in Pakistan, do not include any clause specifically on child domestic labour but the reality is that the vast majority of children in domestic labour would find a place in one or more of these categories, either because of the nature of the work they are required to perform, the treatment they receive or the means by which they entered into the situation in which they find themselves. Paper also suggests some policy measures to reduce the incidence of child domestic labour and for their rehabilitation...
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...OUTLINE: Topic - Impact of Migration: Focus on Philippines I. Introduction Ia. Defining Migration a.1 Kinds of Migration a.2 Who are Migrants a.3 Factors of Migration a.4 Reasons for Migration II. Review of Related Literature III. History of Migration and its Policies III.a. Migration Policies - Critique III.b. Statistics b.1.Number of Migrants b.2.Main destinations b.3.Occupations b.4.Sex b.5.Remittances III.c. Case Study c.1. Flor Contemplacion c.2. Angelo Dela Cruz c.3. Rodelio “Dondon” Lanuza IV. Impact of Saudization to Filipino OFWs V. Impact of Migration V.a. Impact of Migration to the Sending State a.1 Positive effects a.2 Negative effects V.b. Impact of Migration to the Receiving State b.1. Positive effects b.2. Negative effects VI. Implication of the Effects to the Philippines (Actions made to combat negative migration effects) VII. Implications of Migration to the Youth - Youth Migration VIII. Migration and Filipino Family Life, Society and Culture VIII.a. Effects on the family of an OFW VIII.b. Migration and Filipino Society IX. Solving Migration Problems X. Conclusion I. Introduction What is migration...
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...Contesting the Margins of Modernity: Women, Migration, and Consumption in Thailand Author(s): Mary Beth Mills Source: American Ethnologist, Vol. 24, No. 1 (Feb., 1997), pp. 37-61 Published by: Blackwell Publishing on behalf of the American Anthropological Association Stable URL: http://www.jstor.org/stable/646565 . Accessed: 18/04/2011 07:38 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=black. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. Blackwell Publishing and American Anthropological...
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...Acknowledgments ix Acknowledgments This book owes a great deal to the mental energy of several generations of scholars. As an undergraduate at the University of Cape Town, Francis Wilson made me aware of the importance of migrant labour and Robin Hallett inspired me, and a generation of students, to study the African past. At the School of Oriental and African Studies in London I was fortunate enough to have David Birmingham as a thesis supervisor. I hope that some of his knowledge and understanding of Lusophone Africa has found its way into this book. I owe an equal debt to Shula Marks who, over the years, has provided me with criticism and inspiration. In the United States I learnt a great deal from ]eanne Penvenne, Marcia Wright and, especially, Leroy Vail. In Switzerland I benefitted from the friendship and assistance of Laurent Monier of the IUED in Geneva, Francois Iecquier of the University of Lausanne and Mariette Ouwerhand of the dépurtement évangélrlyue (the former Swiss Mission). In South Africa, Patricia Davison of the South African Museum introduced me to material culture and made me aware of the richness of difference; the late Monica Wilson taught me the fundamentals of anthropology and Andrew Spiegel and Robert Thornton struggled to keep me abreast of changes in the discipline; Sue Newton-King and Nigel Penn brought shafts of light from the eighteenthcentury to bear on early industrialism. Charles van Onselen laid a major part of the intellectual foundations on...
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...member, Felicity, where she assigned us RM 804. Before we got into the elevator to go to our room, she stopped us and said she needed to change our room. After a few minutes we were then changed to RM 1202. Upon arrival to the room we were greeted by construction workers who were making repairs to the room, we also found another guest’s belongings residing in the room. While in transit back to the front desk, we were met by Felicity again, who said she changed our room to RM 817, and handed us another set of keys. When we reached to the 8th floor, we were greeted by a plethora of construction workers on the floor, in which we had to maneuver our way through and around them to get to our room. Upon arrival to our room, the first light to enter the room did not work, there were exposed electrical outlets, some questionable liquid white substance on the dresser where the TV sits, also various holes in the wall, in addition to the sprinkler being exposed, and none of the lights working in the room. We went back to the front desk to make a complaint, and they transferred us to RM 902. After retrieving our luggage from RM 817 and carrying it to RM 902, we found the door open, and were greeted once again by construction workers, only this time, not only were they making repairs outside of our room but they were making repairs inside our room. We waited outside of the room patiently until they were complete. After finally entering the room, there was dust everywhere from the dresser to...
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