The Lawyer's Divided Loyalties: An Introductory Note

1981 ◽  
Vol 16 (1) ◽  
pp. 1-4 ◽  
Author(s):  
Shalev Ginossar
Keyword(s):  
Professional Ethics ◽  
Legal Profession ◽  
Reverse Order ◽  
National Council ◽  
Tel Aviv ◽  
International Conference ◽  
Introductory Note ◽  
The Subject ◽  
The Law ◽  
Made In

The three papers published hereafter were presented at an International Conference on the Ethics and Responsibilities of the Legal Profession held in Tel Aviv from 17–21 August 1980. As could be expected, the views expressed therein are not identical, but since they are all connected with the manner in which the nature and the function of the profession is conceived, it may be useful to outline the attitude of the law of Israel on the subject.The Chamber of Advocates Law, enacted in 1961 to supersede the Advocates Ordinance, 1938, declares in sec. 54 that —In carrying out his functions, an advocate shall serve the interests of his client loyally and devotedly and shall help the court to dispense justice.The statute apparently places at the same level the lawyer's duties to his client and to the court: the order in which it enumerates them does not indicate any intention of priority—any more than in the Decalogue the respect due to one's father can be said to take preecdence over that to one's mother. The same two fundamental duties are mentioned, in reverse order, in the Rules of Professional Ethics made in 1966 by the National Council of the Chamber of Advocates with the approval of the Minister of Justice.

scholarly journals THEORETICAL AND LEGAL ANALYSIS OF ETHICAL PRINCIPLES OF ADVOCACY

2019 ◽  
Keyword(s):  
Professional Ethics ◽  
Legal Profession ◽  
Ethical Principles ◽  
Corporate Ethics ◽  
Special Role ◽  
Legal Analysis ◽  
Normative Documents ◽  
The Subject ◽  
The Law

The article states that the bar is a legal institution; stressed the need to instill high moral ideals for future lawyers; it is said that the development of the moral and ethical basis of the lawyer's activity is the subject of lawyer's ethics; noted that questions regarding the ethical principles of advocacy have been the subject of scholarly debate at various times; given the status quo, the subject matter of the study was identified; the role of ethical foundations for the profession of lawyer was determined and determined, the essence of the professional ethics of the lawyer as a whole, the specifics of the lawyer's ethics were investigated; determined that the basis of the lawyer's ethics, considered the moral aspects of the lawyer's activity, taking into account the norms of the current legislation of Ukraine and the Rules of Attorney's Ethics, proposals for improvement of the moral and ethical rules governing the lawyer's activity; it is argued that a lawyer's ethics is a kind of professional ethics of a lawyer; argues that the importance of advocacy ethics is important both in professional communication and at all times; identified the basic components of the legal profession; emphasized that the lawyer should always strive for moral self-improvement; noted the special role of the Rules of Attorney Ethics; The Law of Ukraine "On Advocacy and Attorney-at-Law", the Constitution of Ukraine in the Lawyer's Profession; noted the list of constituent characteristics of the legal profession in accordance with the existing normative documents regulating the said issue, which should not be defiled; it is considered that moral and ethical standards of behavior should be inherent in a person, because thanks to them, the latter will be able to do justly, so awareness of the importance of categories such as honor, dignity, responsibility, competence, conscience, professionalism, corporate ethics help the lawyer to create and maintain business reputation. Based on human considerations, the professional and psychological grounds that would interfere with the lawyer's professional duties include the following: underdeveloped speech, lack of professional knowledge, psychological instability, rudeness, aggressiveness, imbalance. Thus, the most important qualities that a lawyer should have are the following: honesty and integrity, integrity, ethics, modesty and self-criticism; principle and perseverance; moderation; respect for the law, the court and colleagues; lawyer's independence.

scholarly journals Titles to Life Assurance Policies

1905 ◽  
Vol 2 ◽  
pp. 343-386
Author(s):  
Alfred Ernest Sprague
Keyword(s):  
Legal Proceedings ◽  
Legal Question ◽  
Life Assurance ◽  
The Subject ◽  
The Law ◽  
To Receive ◽  
Made In

The chief object for which insurance offices exist is to pay claims; but before any claim can be paid, the question arises—who is the proper person to receive the payment ? If any mistake be made in this, the office may find itself involved in troublesome and expensive legal proceedings, and be compelled to pay the claim twice over. This consideration shows the necessity of insurance officials having some knowledge of law, as it is almost impracticable for them to refer every legal question to their solicitors; and my present object is to draw attention to some of the elementary points which arise in the ordinary course of our business. On the shelves of the library there are to be found papers by Mr. Barrand, Mr. Warren Crosbie, and Mr. Hayter, which should be studied carefully (in addition to the text books) by every one desirous of qualifying himself for a position of responsibility in the claims or law department of his office; but these papers do not exhaust the subject, and I do not propose to allude to the points discussed therein, except in the cases where some further explanation seems desirable or where there has been an alteration in the law or in the practice of the offices.

scholarly journals Prohibition of interrogation of notaries as witnesses in criminal proceedings

1970 ◽  
pp. 345-349
Author(s):  
Ulyana Polyak
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Literature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
The Law ◽  
Notary Public ◽  
Made In

The current criminal procedure law of Ukraine stipulates that a witness is obliged to give a true testimony during pre-trial investigation and trial, however, the legislator made an exception for this by specifying the categories of persons who have been granted immunity from immunity, ie they are released by law. testify. The article deals with the problems of law and practice regarding the prohibition of the interrogation of a notary as a witness in criminal proceedings and the release of him from the obligation to keep the notarial secret by the person who entrusted him with the information which is the subject of this secret. The notion of notarial secrecy is proposed to be changed, since the subject of this secrecy is not only information that became known to the notary public from the interested person, but also those information that the notary received from other sources in the performance of their professional duties, as well as the procedural activity of the notary himself, is aimed at achieving a certain legal result. The proposal made in the legal literature to supplement the CPC of Ukraine with the provisions that a notary is subject to interrogation as a witness on information that constitutes a notarial secret, if the notarial acts were declared illegal in accordance with the procedure established by law The proposal to increase the list of persons who are not subject to interrogation as witnesses about the information constituting a notarial secret is substantiated, this clause is proposed to be supplemented by provisions that, apart from the notary, are not notarized, other notarials, notaries as well as the persons mentioned in Part 3 of Art. 8 of the Law of Ukraine "On Notary". Amendments to the current CPC of Ukraine by the amendments proposed in this publication will significantly improve the law prohibiting the interrogation of a notary as a witness in criminal proceedings, as well as improve certain theoretical provisions of the institute of witness immunity in criminal proceedings.

Licensing (Scotland) Acts Amendment Bill

1903 ◽  
Vol 49 (205) ◽  
pp. 327-328
Keyword(s):  
Married People ◽  
Black List ◽  
The Subject ◽  
The Law ◽  
Made In

This Bill, now before Parliament, is practically a repetition of the last English Act. In approaching the subject, however, the authors of the Bill have had to make certain alterations to bring it into conformity with the law of Scotland as already existing. The clauses relative to separation of married people who have become habitual drunkards have been omitted in the Scottish Bill; but the constitution of licensing courts and of licensing law is generally amended. Additional penalties are imposed for offences involving drunkenness, and the black list will be extended north of the Tweed. Much-needed reforms in regard to the registration of clubs are introduced, and it is to be hoped that these will pass into law without delay. There are other matters to which we have repeatedly referred as requiring amendment in connection with drunkards and their doings; and it is to be hoped that amendmentswill be made in the course of the Parliamentary discussions to render this Act still more effective.

ANALYSIS OF THE AUTHORITY OF CAPITAL MARKETS BOARD TO IMPOSE ADMINISTRATIVE FINES IN CAPITAL MARKET LAW BASED ON RELEVANT PROVISIONS

2021 ◽  
Vol 6 (15) ◽  
pp. 218-234
Author(s):  
Ahmet TOK
Keyword(s):  
Capital Markets ◽  
Capital Market ◽  
Transfer Pricing ◽  
Passive Transfer ◽  
Market Abuse ◽  
Special Cases ◽  
The Subject ◽  
The Law ◽  
Administrative Sanction ◽  
Made In

The aim of this paper is to analyze the legal infrastructure of the authority of administrative fines that imposes by Capital Markets Board in the Capital Markets Law No. 6362 (CML/Law). General principles of administrative fines are regulated in the first paragraph of Article 103 of the Law while special cases of administrative fines are regulated in the following paragraphs of the same article and in Article 104. Violation of take-over bid obligation, non-deliver of net gain to the issuer, passive transfer pricing regulation, withholding information and document, preventing the auditing and market abuse actions can be mentioned among special cases. In our study, the purpose of the administrative fine, the problem to whom the administrative fine will be applied, the problems encountered in the practice related to the subject, the current amendments made in the law especially the regulation on the administrative fines that imposed for legal entities, legal ways to be applied against the administrative sanction decision and the issues on which administrative fines are imposed in practice are also investigated. Finally it is aimed to contribute to doctrine and practice.

Ethics by the pervasive method — the case of contract

Legal Studies ◽  
1997 ◽  
Vol 17 (2) ◽  
pp. 305-322 ◽  
Author(s):  
D R F O'Dair
Keyword(s):  
Advisory Committee ◽  
Professional Ethics ◽  
Legal Education ◽  
Undergraduate Curriculum ◽  
Law Schools ◽  
Education Professional ◽  
The Subject ◽  
The Law ◽  
Ultimate Purpose

‘the duty of the law schools is to help its students to understand the ultimate significance of the lifework they have undertaken: to see the ultimate purpose of a lawyer's work… .’ [Brainard Currie]The Lord Chancellor's Advisory Committee on Legal Education and Conduct (ACLEC) has recently called upon academic law teachers of the undergraduate degree in law to take more of an interest in professional ethics. This means that academic law teachers can no longer set the subject aside as something to be dealt with during vocational legal education. Professional ethics must be taught pervasively, ie at each stage of legal education. This paper argues, however, that professional ethics must be taught pervasively in a further sense: even within the undergraduate curriculum, the task of educating tomorrow's lawyers in professional ethics cannot be left to one or more specialists in the subject.

Always the bridesmaid, never the bride?: Legislating in English and Welsh

2019 ◽  
Vol 33 (1) ◽  
pp. 85-105
Author(s):  
Richard M Crowe
Keyword(s):  
Legal Profession ◽  
National Assembly ◽  
The Public ◽  
Welsh Language ◽  
The Law ◽  
The Government ◽  
Official Status ◽  
Made In

Abstract Welsh has official status in Wales, where it is spoken by approximately 20 % of the population. All adult speakers of Welsh are also able to speak English. The National Assembly for Wales and the Welsh Ministers legislate in both Welsh and English. The Government of Wales Act 2006 provides that the English and Welsh texts of any Act of the Assembly or any subordinate legislation enacted or made in both English and Welsh are to be treated, for all purposes, as being of equal standing. This paper examines the role legislating bilingually plays in confirming the official status of the Welsh language; how the bilingual texts are produced by a process of collaborative translation within an administration where English is the dominant working language; how they are scrutinised by a legislature where legislators are free to use either or both languages, but where, in practice, English dominates; and how they are promulgated in both languages in the form in which they are enacted or made, but only routinely updated in English. It further considers what the principle of ‘equal standing’ may mean and how effect may be given to it; how these bilingual texts may be interpreted by the public and the legal profession, domains in which English dominates; and what implications the production, scrutiny, promulgation and interpretation of bilingual legislation have for the accessibility of the law in Wales.

scholarly journals Open Axiology in Judicial Interpretation of Law and Possible Misuse of Discretion

2020 ◽  
Vol 29 (3) ◽  
pp. 39
Author(s):  
Leszek Leszczyński
Keyword(s):  
Discretionary Power ◽  
Judicial Interpretation ◽  
General Reference ◽  
Legislative Policy ◽  
The Subject ◽  
Essential Function ◽  
The Law ◽  
The Relationship ◽  
Made In

<p>The subject of the article is to determine the extent to which the judicial interpretation of the law is affected by the use of an open axiology argument in the course of adjudication. Assuming that the use of open criteria is based primarily on the application of the legislative construction of general reference clauses, it is important to link these references to a legislative policy in which they constitute a means of deliberately extending the scope of discretionary power, derived from natural (independent of the legislator) sources. The essential function of the references is the axiological opening of findings made in all essential phases of judicial interpretation – validation, reconstruction and construction, resulting, among other things, in a change in the relationship between the roles of particular interpretation rules. This may lead to various manifestations of abuse of the interpretative discretion of judges, which in turn necessitates the search for certain remedies, among which the formation of permanent lines of jurisdiction and precedential practice, as well as the transparency of the reasoning of judgements, seems to be of the utmost importance.</p>

Synonyms in the texts of laws (based on Russian laws)

2021 ◽  
pp. 192-206
Author(s):  
M. V. Batyushkina ◽  
Keyword(s):  
Legal Regulation ◽  
Main Term ◽  
Stylistic Feature ◽  
Lexical Semantic ◽  
Semantic Difference ◽  
Joint Contact ◽  
The Subject ◽  
The Law ◽  
Made In ◽  
Expert Practice

The paper considers the issues of the use of synonyms in the texts of Russian laws. The re-search materials are the texts of federal and regional laws, expert practice. It is noted that syn-onymy, despite the requirement for the unification of legal terminology, is also characteristic of legislative texts. At the same time, synonyms are used not to exclude repetitions of the same words but for the sake of completeness, accuracy, clarity of the transfer of legal mean-ing. Legal synonyms are an integral genre and stylistic feature of the legislative text. Synonyms perform informative, pragmatic, text-forming, and other functions. There are some trends in the use of synonyms in the laws. Preference is given to one or another word from the synonymous series. The choice depends on the subject of the law, aspects of legal regulation, with the chosen synonym not always being stylistically neutral, devoid of evaluative seman-tics. Some terms are used not as synonyms but exclusively in terms of generic relationship. Paronyms may be used as synonyms. Frequent joint (contact) use of synonyms occurs when an additional (qualifying) term is given in brackets after the main term. Such synonyms are characterized by semantic and stylistic differences, the ratio of meanings, and integrated con-tent. A special clause on the equivalence of terms may be made in the law. However, the context always reveals the semantic difference of “equivalent” terms, their semantic shades. The methods and principles of analysis are traditional for Russian studies and legal linguis-tics: discursive, genre-stylistic, lexical-semantic, comparative, statistical, etc.

scholarly journals The Bakerian lecture. - On the radiation of heat from the moon, the law of its absorption by our atmosphere, and its variation in amount with her phases

1873 ◽  
Vol 21 (139-147) ◽  
pp. 241-242 ◽  
Keyword(s):  
Royal Society ◽  
Zenith Distance ◽  
The Moon ◽  
Single Curve ◽  
The Subject ◽  
The Law ◽  
Made In

In this paper is given an account of a series of observations made in the Observatory of Birr Castle, in further prosecution of a shorter and less carefully conducted investigation, as regards many details, which forms the subject of two former communications to the Royal Society. The observations were first corrected for change of the moon’s distance from the place of observation and change of phase during the continuance of each night’s work, and thus a curve, whose ordinates represented the scale-readings (corrected) and whose abscissas represented the corresponding altitudes, was obtained for each night’s work. By combining all these, a single curve and table for reducing all the observations to the same zenith-distance was obtained, which proved to be nearly, but not quite, the same as that found by Professor Seidel for the light of the stars.

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