Scope Of Representation And Allocation Of Authority

Wasserstrom also considers the fact that in many situations lawyers have the optional ability to remove themselves form issues that may contradict their individual ethics. "Having once agreed to represent the client, the lawyer in under an obligation to do his or her best to defend that person at trial." With in the process of contracting a lawyer, the lawyer has the option of acceptance or refusal of representing the client. Therefore the lawyer can asses the case and decide if it violates any of their own individual ethics.

When looking how effectively a country represents its citizens, it is important to take into account the manner in which they are represented. The two main types of representation are descriptive and agency representation. Descriptive representation is the concept that those who represent the American people should not only have the same political interest, but should also mirror the demographic makeup of the people. Agency representation, which is what the United States congress looks like, is when the representation does not reflect the demographic, but they speak for their constituents’ interests in congress. The constituents are able to hold the representatives accountable and can choose not to elect them in the next term, so the representatives

Lawyers can't represent clients when they have a conflict of interest. For example, an attorney could not sue someone he had previously represented if his previous representation gave him information that would lead to an unfair advantage or the appearance of one. This is where the ethical issues began to arise lawyers in the same firm typically can't represent clients with opposing interests. Even if one lawyer in the firm has no direct conflict of interest, the fact that another lawyer does might prohibit representation that could lead to sanctions or complications for the lawyer or the firm he or she may represent.

According to the U.S. Code › Title 28 › Part I › Chapter 21 › § 455

Beach J discussed the meaning of Attorney Rules 15 – see [84]. He criticised it as unclear, it seeming to deal only with conflict between duty & interest, not duty & duty.

The lawyer’s presentations to the court will determine the fact with a trial judge or jury and relate it to the law to reach a decision before judgment is entered. Decision will base entirely upon material introduced by parties. Although individuals are free to represent

Client must be honest and legit. Attorney will advance all "costs" in connection with Attorney's representation of Client under this agreement. Attorney will not settle Client's claim without the endorsement of Client. Client may release Attorney whenever by composed notice. Attorney may withdraw at any time as permitted under the

There are many types of privileges in the court system. The two main privileges that are well known are attorney-client and doctor-patient (Wellborn, 2012). Attorney-client privilege is between an attorney and the client that they are representing in the court of law. When a conversation happens between an attorney and their client, it is important for the client to know that information that, they give to their attorney is privileged and cannot be discussed with anyone else. The attorney-client privilege is in regards to the relationship between an attorney and his client. The client must make it clear that the information they are giving to the attorney needs to be kept private. There are four conditions that make up the attorney-client privileges: there must be a relationship between attorney and client and, it must be regarding a case. Third, the client must show that communication was made in confidence, and fourth the client must show she had an expectation of confidentiality (Johnson, 2014). Communication between the client and attorney can be spoken or written, or an act can be performed in front of the attorney.

Lawyer is a person whose profession is to represent clients in a court of law or to advise or act for clients in other legal matters. Lawyers serve as both advocates and advisers. As advocates, they speak for their clients in court by presenting supportive evidence. As advisers, they counsel their clients on their legal rights and obligations. Lawyers, also called attorneys and counselors, can interpret laws and apply laws to specific situations, and draft new laws. Much of their work involves researching precedents, which are earlier interpretations of laws and the history of judicial decisions based on that law. Lawyers use precedents to support their cases in court. Many resources from law libraries and public documents to computer

The individual named power of attorney may face challenges from other relatives as decisions are made for the aging family member. Elder law mediation is also available to help these relatives work past their differences and agree on a resolution.

Obviously, they should have an idea of what the client is coming in the law firm for. The paralegal should also do some pre-interview research of the client. The paralegal should also know what checklist and/or form to use for the client’s specific case. You would use two different checklists for a dissolution of marriage case and a client that is trying to recover damages from a car accident.

1.)The Delegation Doctrine also known as nondelegation power, is important because it limits Congress’ ability to transfer the legislative power to other government branches.

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

Originated from the Latin word “auctoritatem” with connotations of “invention, advice, opinion, influence, command” (McCormack, 2001), the concept of “authority” prescribes the normative rules of correct and incorrect ways to do certain things in the sphere of social control, and describes a person as being an authority regarding his or her proficiency, training and wisdom in the sphere of knowledge (Peters, 1966). Teachers are responsible for promulgating, maintaining and perpetuating the authority of social control, and positioned as authorities on the knowledge that they are required to transmit. This is why Peters (1966) insists his stance that “the teacher is an authority figure in both the above senses” (p.240).

The authority of an agent is the act which he is allowed or authorised to do by his principal, and which will bind his/her principal. Usually, the principal will only be bound by the act of the agent if the agent acts within his/her authority. There are two types of authority which an agent could rely on, namely actual authority and apparent or ostensible authority.