The only segment of the opinion, written by Justice McClanahan that I would have preferred to see more written about was where she wrote that the VPPA clearly established that sealed competitive bidding was the sole method of procurement that had to be used, by SBC, for this contract. I believe that Justice McClanahan was not looking at all procurements of non-professional services but only at the solicitation issued by SBSC. Therefore, I believe what Justice McClanahan should have written was that competitive sealed bidding was the sole option for SBSC based on their actions. If Justice McClanahan meant to say that it was the only option for any procurement of non-professional services, then I believe she was incorrect. Both Thomas Folk and William Mauck Jr. published legal articles that analyzed this case. They both wrote that competitive negotiations was an option for the procurement of non-professional services at the time that SBSC issued their solicitation. § 2.2-4300 section C stated that “upon a determination made in advance by the public body and set forth in writing that competitive sealed bidding is either not practicable or not fiscally advantageous to the public, goods, services, or insurance may be procured by competitive negotiations. The writing shall document the basis for this determination.” (VPPA, 2006) Based on the VPPA, had SBSC made that written determination, they could have then issued a Request for Proposal (RFP) instead of their “Best Value”
Model Rule 5.5(B)- Attorney Howe, left a new hire, Carl, unattended, while also suggesting that he may conduct interviews in his office without specifying particulars regarding his presence or direct supervisory responsibilities. In hindsight, Attorney Howe could be indirectly contributing to the unauthorized practice of law due to his gross negligence to supervise his paralegal.
Model Rule 5.5(B)- Attorney Howe, left a new hire, Carl, unattended, while also suggesting that he may conduct interviews in his office without specifying particulars regarding his presence or direct supervisory responsibilities. In hindsight, Attorney Howe could be indirectly contributing to the unauthorized practice of law due to his gross negligence to supervise his paralegal.
In order to complete this assignment we must first recognize what Unauthorized Practice of Law is when it comes to paralegals. There is no set definition on what UPL is but as a paralegal there are guidelines to go by. Some ways they can violate the practice of law would be an individual holding themselves as an attorney when they are paralegals, giving legal advice as an attorney would, or representing clients in a court of law. All of the previous are violations and can be subject to several disciplinary actions [ (Unauthorized Practice of Law, 2010) ]. It has been named illegal due to the damages on may suffer due to bad legal advice. In some states it is considered a criminal offense and could be given a jail sentence.
The thought of professionalism conjures up many ideas, and possibly pre-conceived judgements. These will not always be classed as positive or negative, but will undoubtedly have a profound effect on the way you are perceived in your area of work or chosen profession.
As Privy Council held in the case of "Wagon Mound (No 1)" that a party can only be held liable for damage that was reasonably foreseeable, the defendant should not be responsible for losses that are ‘too remote’ from the breach. It is obviously that the university could foresee that Brad have to quit his job to finish the degree and also need to pay for the fees.
Paralegals are employed in a wide variety of legal settings and play an ever-increasing role in the delivery of affordable and efficient legal services. However, regulation of paralegals has been non-existent or inconsistent, though the topic continues to be a significant issue. Across the country, paralegals advocate bar associations, state legislatures and courts to consider regulatory programs that go beyond merely defining the term "Paralegal." Federally required licensing of paralegals would benefit future growth and development of the career field and address the controversial issues surrounding it.
Introduction. In this paper, the question I want to explore is: Should the United States government be able to curb the attorney-client privilege when the client is a suspected, or convicted, terrorist? Attorney-client privilege is defined as follows: "Where legal advice of any kind is sought from a professional legal adviser in his [or her] capacity as such, the communications relating to that purpose, made in confidence by the client, are at his [or her] instance permanently protected from disclosure by [the client] or by the legal adviser, except the protection be waived" (Forte). As far as American jurisprudence is concerned, this privilege is the one of the oldest recognized. This concept allows a client to speak freely to their legal counsel without fear of the information from being disclosed, thereby allowing the best possible advice concerning the situation.
1. Briefly explain how the CIPD HR Profession Map defines the HR profession, including the professional areas, the bands and the behaviours.
A professional is characterized by or conforming to the technical or ethical standards of a profession (2) : exhibiting a courteous, conscientious, and generally businesslike manner in the workplace. Being professional should be a subconscious effort in the fact that it should always be applied. When employees are professional it helps the system run more efficiently and safely. A person must me a certain criteria when being evaluated on professionalism, a person is judged based on the clients; Attitude, Values, Communication techniques, and approachability. Clients who display a committed, dependable attitude will benefit more from work exerted, and overall be rewarded with incentives. Although professionalism may be in the eye of the
According to American Nurses Association (ANA), (2010) “the nurse promotes, advocates for and strives to protect the heath, safety and right of the patient” (p. 6). Nursing responsibilities should be acted at the highest standard and must be based on legal and ethical obligations.
The main argument introduced in the debate considers whether a practicing solicitor can adhere to the traditional values of moral and ethical integrity that have been reinforced through a set of principles such as the Solicitors Regulation Authority Code of Conduct (SRA). The latter consists of ten mandatory principles that are the professional requirements expected of any solicitor. Traditionally, ethical and moral truthfulness have formed the basis of a competent lawyer and thus when adhering to the traditional principles placed upon lawyers, a lawyer was thought to abide to moral standards. I will aim to tackle the debate by arguing that the SRA provides a framework that allows lawyers to be good people. Secondly, I will also be discussing a lawyer’s moral responsibility. and that whilst ‘The lawyer is conventionally seen as a professional devoted to his client’s interest and…required, to do some things for that client which he would not do for himself’ his moral responsibility must not violate the SRA Code of conduct. Finally, it is imperative to explore the ethical dilemmas solicitors face when attempting to make their clients’ interests their own.
I intend to show an understanding of the ethical framework for good practice in counselling, relating it to practice and also my own beliefs and opinions, how this influences the counselling relationship, I will also show the need for protection of self and client.
The Merriam-Webster Online Dictionary defines professionalism as the conduct, aims, or qualities that characterize or mark a profession or a professional person. Yet the White Paper on Pharmacy Student Professionalism says it is displaying values, beliefs and attitudes that put the needs of another about your personal needs. There is still another definition. The Medical Professionalism Project says professionalism is the basis of medicine's contract with society. It demands placing the interests of patients above those of the physician, setting and maintaining standards of competence and integrity, and providing expert advice to society on matters of health. In my opinion, a person's attitude, values, and behaviors
that many may not be able to pay with cash and may have to take up a
In this paper I am going to identify some the legal and ethical issues in My Sister’s Keeper. Some of those issues include emancipation of a minor, genetic engineering, and limited termination of parental rights. I will be giving my opinion on these matters also.