Due to the importance of the value of covenantal integrity, I would want to preserve the confidence of my client if at all possible. The principle of confidentiality forms the basis of the community's trust in the legal system and it is also underscored by the common law.
The first matter that I will consider is that there is a real likelihood of a trust irregularity in the accounts of Howard Craven, as he would have fraudulently received monies from the Financier on behalf of Daniel. consider that I have no discretion as far as the expected trust irregularity is concerned and here I will disclose to the relevant authority, being the Law Society. I will explain to my client that I have no option in the matter.
I would also to solve my client's
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I am able to utilise the reasonable excuse by calling upon legal privilege as the information came to me as a result of a bona fide seeking of advice by my client. I will explain that the Fidelity Fund will reimburse any losses if Craven is unable to repay the funds or restore the trust property. I will explain to my client that it would be best if I disclose the material to the Police, as that could make it easier for Howard to be convicted of fraud and for a payout to occur to my client. In the final instance my decision will be to disclose. I will attempt to first obtain the approval from my client. I will also take into account in exercising my discretion my discussion with my supervisor and I have the ethics help line or the Senior Lawyers YYYY at the law society.
I will inform my client that I have a duty to declare the expected trust irregularity and that I have to do so despite the confidential nature of the discussion, because legal privilege is not expressly excluded from the provision.
I realise that there will be impact in the sense that Marcus Craven would e.g.be unhappy and may even be unhappy with Daniel am and that would be part of the impact of office particular Disclosure that I do not have any control
Read the David Miller case from Chapter 5. After reading the case, describe a reason why someone who has been entrusted with the firm’s assets would commit a fraudulent act against the company. Based upon your understanding of the case and your professional and personal experience, recommend a series of actions that should have been taken in order to pre
Clearly, confidentiality is essential to the healing process. However, though it may appear to be a relatively easy concept, its application in the therapeutic atmosphere has proven to be quite complex (Younggren & Harris, p. 589). One issue that causes confusion for many professionals pertains to the differences between confidentiality and legal privilege. Quite often, ethical obligations overlap with the legal requirements. Frequently, the practitioner is not well informed about these particular limits on confidentiality and this lack of knowledge can place both the client and the helping professional at risk (Younggren & Harris, p.590, 598).
In the relationship between counsellor and client the need for confidentiality is vital as it is not only the bases that the relationship is built on and it is a legal obligation.
Although sometimes constraints make it impossible to choose a perfect setting, it is important to, where possible, consider privacy. Privacy is one of the keys to good communication, as the client is likely to be disclosing information of a confidential and sensitive nature (Argyle 1998).
I would also contact all of his registered clients and confirm their information with the
Health care professionals are subject to a multitude of professional, legal, and ethical responsibilities which call for personal judgment to be utilized in such a manner as to protect clients as well as public wellness and interests. Overall considerations in handling such duties may be considered to be respect of a client’s autonomy, confidence, and recognition of obligations owed to all clients. While the aforementioned acts fall within the professional realm, there are also legal implications that guide care. Therefore, it can be said that ethical considerations occur in observation of legal responsibilities. Confidential information is perceived as private facts which are disclosed with the
Every client needs a case management team that can keep their personal information private and adhere to ethical standards at all time. Ethics and confidentiality are some of the major concerns when a client is working with case management team. However, despite the effort made by practitioners to guarantee their clients that they will be ethical throughout the process, at times they just get themselves having broken some ethical standards. Ethics determine how well a client will be handled hence it determine the well being of a client on the hands of a case management
What are the ethical concerns regarding this scenario? In one case we are keeping our client’s confidences, building trust and following all ethical codes of confidentiality. In another case, we could possibly cause harm by keeping the client’s spouse in the dark about the affair. The fact that we aid the spouse in harboring this secret can backfire once the spouse finds out that we were well aware of any and all high-risk behavior that
Carl did not properly identify himself as a paralegal to Raymond. Carl breached confidentiality by allowing Jane to accompany Raymond in the meeting. Carl gave legal advice to Raymond. Howard committed a criminal, ethical violation by giving Carl his paycheck from the trust account. Howe and Carl violated UPL by allowing Carl to go to court
This is my friend and my colleague. I need to look at this objectively which means looking at the facts and not allowing myself to be influenced by anything. He is clearly engaging in dishonest behaviour. Disclosing confidential information for financial gain. Confidentiality is crucial as a public sector employee. As an employee of the public sector I am obligated to conduct myself under the Code of Conduct for the Victorian Public Sector Employees. In section 6.2, it talks about public sector employees understanding the importance of privacy and confidentiality. Confidential information needs to be protected. When someone discloses their personal information, that person can expect that the information provided by them will be treated as strictly confidential. Public sector employees act in accordance with legislation and policies relating to dealing with private information. In 6.3 Maintaining Confidentiality, it states that public sector employees receive and manage information in that its confidentiality will be maintained. Under the Privacy and Data Protection Act 2014, this Act is designed to protect all information held by the public sector. This includes personal information of individuals. The Act applies to members of the public sector, Government positions, Council and the
Dr Kamara was a family friend and my brother was informed about the sale of the said parcel by our parents. During this time Dr. Kamara had disclosed his intention to sell the parcel and his was communicated to our parents by him (Dr. Kamara) and subsequently my parents approached Johnson Kariuki requesting him if he would be interested in purchasing the said parcel.
The deontology approach was used to determine the course of action. This approach to ethics emphasizes doing what one should do in accordance with rules, obligations and/or ethical principles of the profession. The impact of the decision could cost Mr. Gable the banks account but if he would have acknowledge upfront his knowledge of the Wilsons prior to beginning the audit on their loan documents the situation could have been diverted. He is also losing a client, the Wilson’s due to the bank audit and the review he completed of their loan documents. If he would have acknowledged to the bank and had the file removed from the audit all of this could have been avoided. Mr. Gable will need to take the time and explain to his client the Wilson’s but he needs to keep it at a professional level and not discuss what was discovered only that it is conflict of interest.
Trust plays a very big role in everyone’s personal journey. Both Santiago and I learned of trust in unfortunate situations. Santiago had met a new friend in the marketplace who was going to help him by two camels to help him on his journey of his Personal Legend. He gives his new friend all of his money to hold while they went in search of a camel to buy .Coelho states are, “He was afraid to look around because he knew what he would find… but nowhere could he find his new companion” (Coelho 38). After his friends have gone, along with all of his money, and trust. Santiago was so terribly upset, and cry but he just did not want it to be true. This has brought me to a place comparable to Santiago were hurts and disbelieve are all emotions we share when talking about this particular situation. I was feeling this situation when I was knowing new people during my journey and after that. I was in a new country and sometimes I trust people when I was asking about things without knowing them well. Santiago decides to follow his Personal Legend even though it could be difficult for him. He begins with a caravan across the desert and the caravan allows his support and company in his journey across the desert towards his desired end result. My caravan to helping myself to prepare for the first journey alone was my family who tries to encourage me for everything another obstacle for Santiago and the most important is the love. We perused our personal legend, and try not to hurt our
David Uff who was mainly representing Collier sought to determine third specific exception to case of Pinnel as submitted that, where the specific debtor tends to agree is representation to pay his part of a jointly liable debt as well as came across severally liable for the particular part, in this aspect both the parties have significantly entered into a specific contract or binding for good representation that the liability of debtor for paying left over joint debt reflects to be discharged effectively .
The Limits of confidentiality. How these limits might be affected by some of the information contained in the