Risk Management
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The College of Law *
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BL5007
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Management
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Apr 3, 2024
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Risk Management Client management File management time management self management Risk Management Matrix
Confidentiality Privilege is something that is not for the solicitor 9.2 exception Risk management matrix
To avoid conflict o interest
To maintain confidentiality To deliver legal services competently
To deliver legal services diligently and promptly To provide clear and timely advice including EDR(Early dispute resolution)
To maintain integrity and processional independence To bring profession yo disrepute be a “fit and Proper Person” (affidavit kind of docs has to be sign front of the solicitor )
to uphold the duty to the court- including tribunals and mediators
To effect proper costs disclosure and retainer
to act in the best interest of the client
Uniform civil rules 2020 (SA)
Client management choose your clients carefully and very difficult to terminate a retainer
Vet them- no cab rank rule for solicitors only for barristers Considerations:
Conflict change
Paper trail
Supervised Practice
Conduct Rule 37- supervision of legal services
Conduct Rule 20- read it Milu v Smith & Ors 2007- Read
Pro bono cases
File management and time management
Self management Social media:
You have the responsibility to use social media responsibly and ethically
No Contact rule, under conduct rule 33 can be breached having another lawyer’s client as a “friend”
any advise statement or response on a blog or other social media website many constitute as a legal advise
Mind Map- Ellis case
Who is the client? Eliss Tom Jenkins as the potential client/ Harlry as well/Tom’s company
What are the client’s goals?
Franchising sunnyside up/ to use up the accumulated super benefits and entitlements /considering business structure/ to sign the disclosure by EOW/considering business start up/
What are the non legal facts?
Previous work exp and the fact that he is retired. / major health scare/if
tom is not contributing he can be an employee/contractor/ conduct background search on the willabong holdings/reputation/ Harley providing info which doesn’t appear in the public domain What are the legal facts?
What type of the business structure/parties- Tom and Willabong / owners of sunny side up/parties /real estate agent and the commercial lease/conduct background search on the Willabong holdings/reputation/conduct a background search on Tom- Licence and the company
What are the legal opportunities and constraints
- Corporate and business structure/ Property/ Consumer law/Finance/ employment law/ merges and acqusitions/ environmental and planning Constraints- The standards of the solar panels according to the State regulations/expert opinion and council approval What are the ethically and legally viable options- singing off the lease might not be viable/due diligence of the sunnyside up
Next Steps- Due diligence due to the wind up notice / ASIC/ state approval SALPCR
Legal Writing skills
Clear conscience and accurate
sophisticated writing
Defamation/Vicarious liability/ negligence/misleading/ reputation issues can be some consequences of not following correct writing style. Infringing the rules-
Rule 4.1 -fundamental ethical duties of a lawyer
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Related Questions
Pls help on both
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1
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1. Which liability policy is BEST suited to protect someone who manages private pensions and employee plans?
a. Eros and omissions
b. Malpractice
c. Fiduciary liability
d. Directors and officers
2. Under personal automobile expenses, the insurer pays personal expenses for
a. Medical or funeral services
b.Rental car reimbursement
c. Pain and suffering
d. Long- term disability care
3. Which of the following is NOT part of the common policy conditions under a businessowners policy (BOP)?
a. Vandalism
b. Cancellation
c. Policy Period
d. Premium payment
4. Which of the following is an example of an unfair claim settlement practice?
a. Delaying the settlement of claims submitted in which liability has become clear.
b. Replacing a police when it is in the best interest of the insured
c. Adopting and implementing standards to settle claims in a timely manner
d. Disclosing the settlement terms and provisions of the contract of insurance
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Limited benefit plans are designed to:
O A.
O B.
O C.
O D.
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insure business owners only for all diseases
protect employees for the loss of life insurance
pay for unemployment Expenses
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What damages is the plaintiff likely to include in the lawsuit?
Choose all that apply.
Select one or more:
OO
0
a. Pain and suffering
b. Loss of income / future income
c. Special damages
d. Loss of enjoyment of life
e. Reduction of life expectancy
f.
Cost of care
g. General damages (other than damages named in other answers)
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5. Patricia owns significant shares in an airline. There has been much speculation in
the news that the price of oil may go up, negatively impacting the airline's profits.
Patricia is contemplating buying stock in an oil and gas company as a way to
cover her investment. This risk management strategy is commonly known as
a. Self-insurance
b. Hedging
c. Loss Prevention
d. Avoidance
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QUETION
1. Self-interest, self-review, and familiarity threats all arise from an inappropriate closeness between the auditor and the client. Explain how that closeness is likely to manifest in each case and why it is a problem for the value of the audit.
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Which characteristic below is not a part of managed care:
Group of answer choices
a. In most cases, employers and the managed care organizations agree on a fixed premium per enrollee that covers all health care services.
b. The managed care organization assumes approximately half of the risk and the employer is responsible for the other half.
c. Managed care organizations provide health care to the enrollees by entering into contracts with health care providers and provider organizations.
d. Managed care organizations generally pay providers by hiring them full-time and paying them a salary; by paying a PMPM payment, or by applying a modified version of fee-for-service which we call discounting.
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Medical Expense policies usually EXCLUDE coverage for claims resulting from treatment of:
O A.
OB.
O C.
accidental injuries
intentionally self-inflicted injuries
alcoholism
O D. mental illness
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Family Business
Jane has just been hired as the head of the Payroll Department at R&S Electronics Service Company, a firm of 75 employees. She was hired by Eddie, the General Manager of the company, who informed her of the need for maintaining strict confidentiality regarding employee salaries and pay scales. He also informed her that he fired the previous Payroll Department head for breaking that confidentiality by discussing employees’ salaries. She was also formally introduced to Brad, the owner, who told her to see him if she has any questions or problems. Both Brad and Eddie made her feel welcome.
After three months of employment, Jane begins to wonder why Greg makes so much more in commissions than the other service technicians. She assumes that he must be highly qualified and must work rapidly because she has overheard Brad commending Greg on his performance on several occasions. She has also noticed Brad, Eddie, and Greg having lunch together frequently.
One day, Eddie…
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A 122.
Subject:- finance
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You are required discuss the appropriate defense for each of the scenario below.
• A statement made in the federal Parliament
• A statement made in a press conference
• A political cartoon in a newspaper
• A complaint about a lawyer made to the Law Society
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generate summary of this
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Agency at will is how most employer/employee relationships are classified. True False
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Give three circumstances where respondeat superior does not apply and an agent will be liable to a third party. (Do not give examples
Edit View Insert Format Tools Table
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Question 22
Name 5 events by law or by will that terminate an agency:
8:
با هم
ସା
៨
Da
Ev
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A
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8. TRUE or FALSE: The concept of "Piercing the Company Veil" refers to when members abuse their rights and engage in some egregious act (such as commingling) that removes their protection against liability.
Group of answer choices
True
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Statement: If the manager increased the price and operated at maximum capacity, the cafe would be profitable.Truthfulness: False
If the cafe operates at the break-even price for their maximum capacity, it means that their revenues would be just enough to cover their costs, resulting in a breakeven point. There would be no profit in this scenario. Increasing the price while operating at maximum capacity may generate higher revenues, but it does not guarantee profitability as it depends on the costs involved.
Statement: If the cost of coffee increased during the week, but the price remained the same, the cafe would still break even.Truthfulness: False
If the cost of coffee increased while the price remained the same, it would directly impact the variable costs per cup. This would lead to a decrease in the gross margin per cup, and therefore the cafe would not break even. The increased cost of coffee would reduce the profitability unless the price is adjusted to compensate for the higher…
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Answer it correctly please, MY LAST ATTEMPT. I ll rate accordingly with multiple votes. Do it correct and fast. Explain well.
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The Replacement Cost clause in a Comprehensive Condominium Unit Owners insurance policy stipulates the basis of
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does NOT apply?
OA) Any increased cost of repair or replacement due to construction by-laws will not be paid.
OB) The insurer will pay the full replacement cost of the damage without deduction for depreciation provided repair
or replacement is made with materials of similar quality within a reasonable time after damage occurs.
OC) The insurer will pay nothing until the property has been repaired or replaced within a stipulated period.
OD) The insurer will pay only Actual Cash Value if you decide not to repair or replace the damaged property.
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A self-insured organization needs a(n)
Third-party administrator (TPA).
Recordkeeping system to track its self-insured claims.
Informal retention plan.
Workers compensation or auto liability loss exposure.
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The above abstract mentions that evidence needs to be produced by both parties in a dispute. Critically discuss what is meant by evidence and the type of evidence that can be provided to prove or disprove a disputed point
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please do not give solution in image formate thanku
INTRODUCTION
Assume that Quentin and Clayton's business has already applied for insurance coverage for their business.
Typically, an insurance underwriter is going to have follow-up questions that help them assess risk and determine the specific terms of the coverage or if they are willing to work with the potential client at all.
For this assignment, you are going to put yourself into the role of the insurance underwriter that is part of a small team working on this application.
INSTRUCTION
Develop a list of questions that will allow the insurance provider to evaluate whether Quentin and Clayton's Cannabis company is taking sufficient precautions to guard against the biggest insurance risks. For example, at the grow location you need to understand generally what security measures are in place to prevent theft and diversion (theft by employees). For transportation you likely would need to know about driver reliability and the…
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The provisions of the Real Estate License Law apply to which of the following individuals?
A. a regular employee of a property owner who conducts lease transactions on the property
O.B. a licensed person who for a fee receives a referral from a licensed broker
ⒸC. a property manager who handles the sale of units within a managed condominium complex
OD. salespersons who sell their primary residences
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98. The eligibility requirements under group term life plans may allow all of the following employees
to be excluded EXCEPT
Employees who work less than 20
Employees who work less than 4 months per year
Employees who work more than 40 hours a week.
Full-time employees not actively at work.
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Fraud by senior management often has the following characteristics except:
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- Limited benefit plans are designed to: O A. O B. O C. O D. provide additional insurance coverage for named diseases insure business owners only for all diseases protect employees for the loss of life insurance pay for unemployment Expensesarrow_forwardWhat damages is the plaintiff likely to include in the lawsuit? Choose all that apply. Select one or more: OO 0 a. Pain and suffering b. Loss of income / future income c. Special damages d. Loss of enjoyment of life e. Reduction of life expectancy f. Cost of care g. General damages (other than damages named in other answers)arrow_forward5. Patricia owns significant shares in an airline. There has been much speculation in the news that the price of oil may go up, negatively impacting the airline's profits. Patricia is contemplating buying stock in an oil and gas company as a way to cover her investment. This risk management strategy is commonly known as a. Self-insurance b. Hedging c. Loss Prevention d. Avoidancearrow_forward
- need help asaparrow_forwardQUETION 1. Self-interest, self-review, and familiarity threats all arise from an inappropriate closeness between the auditor and the client. Explain how that closeness is likely to manifest in each case and why it is a problem for the value of the audit.arrow_forwardWhich characteristic below is not a part of managed care: Group of answer choices a. In most cases, employers and the managed care organizations agree on a fixed premium per enrollee that covers all health care services. b. The managed care organization assumes approximately half of the risk and the employer is responsible for the other half. c. Managed care organizations provide health care to the enrollees by entering into contracts with health care providers and provider organizations. d. Managed care organizations generally pay providers by hiring them full-time and paying them a salary; by paying a PMPM payment, or by applying a modified version of fee-for-service which we call discounting.arrow_forward
- Medical Expense policies usually EXCLUDE coverage for claims resulting from treatment of: O A. OB. O C. accidental injuries intentionally self-inflicted injuries alcoholism O D. mental illnessarrow_forwardFamily Business Jane has just been hired as the head of the Payroll Department at R&S Electronics Service Company, a firm of 75 employees. She was hired by Eddie, the General Manager of the company, who informed her of the need for maintaining strict confidentiality regarding employee salaries and pay scales. He also informed her that he fired the previous Payroll Department head for breaking that confidentiality by discussing employees’ salaries. She was also formally introduced to Brad, the owner, who told her to see him if she has any questions or problems. Both Brad and Eddie made her feel welcome. After three months of employment, Jane begins to wonder why Greg makes so much more in commissions than the other service technicians. She assumes that he must be highly qualified and must work rapidly because she has overheard Brad commending Greg on his performance on several occasions. She has also noticed Brad, Eddie, and Greg having lunch together frequently. One day, Eddie…arrow_forwardA 122. Subject:- financearrow_forward
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