Ethical Dilemmas in the Lawyer–Client Relation: Concerns and Solutions

2020 ◽  
Vol 7 (1) ◽  
pp. 25-34
Author(s):  
Anirban Chakraborty

Lawyer–client relationship is the most important aspect of professional life of lawyers. When lawyers enter into professional relation with their clients they become bound by several ethical and professional duties. These duties are a mixture of status and contract emerging out of the nature of the relationship governing lawyer and client. Observing these duties is indispensable under the rules governing standards of professional conduct for lawyers. Lot has been written about these duties and the need to observe them, but the untraded area in the literature remains some of the challenges that arise in course of observing these duties due to some equally competing issues. The lawyers often face these challenges in their professional life, but little guidance is available to address them effectively. In this context, the aim of this article is to trace some of these competing issues and challenges and discuss the legal and regulatory framework that help to address them. The article begins by exploring the issues that arise at the very formation of the lawyer–client relationship. In the second part, the article examines the issue of lawyer’s scope and authority to make decisions in legal transactions for their clients. Also it covers the issues involving extent of lawyer’s authority to take decisions on behalf of mentally impaired or minor clients. Finally, the article looks into the issues that come up during the discharge of the lawyer–client relationship. The article concludes on the note that to ensure an effective and satisfactory lawyer–client relation it is an imperative that lawyers are sensitized with these issues and the principles they can look at for their resolution.

2021 ◽  
pp. 1-13
Author(s):  
Kathleen Graves

Throughout my professional life, I have been interested in the relationship between teachers and curriculum. As someone who has taught languages, educated teachers, and developed curriculum and materials, I have been puzzled by the separation of curriculum and teaching. In the US, this separation is encapsulated in the phrase ‘curriculum and instruction’, where they are seen as separate domains of research and responsibility (Doyle, 1992; Kaplan & Owings, 2015). Indeed, as a teacher educator, I would often hear the refrain from teachers, ‘I know how to plan a good lesson, but I'm not sure what the big picture is. How do the lessons fit together as a whole?’ I interpreted this to mean that they did not have a sense of the overall curricular structure and aims for their students’ learning. As a materials and curriculum developer, I saw my responsibility as providing a map for teachers that would show how the parts added up to a sensible whole.


2021 ◽  
Vol IV (2) ◽  
pp. 84-97
Author(s):  
Alina Popa ◽  

With the recent COVID-19 pandemic, the world we knew changed significantly. The buying behavior shifted as well and is reflected by a growing transition to online interaction, higher media consumption and massive turn to online shopping. Companies that aim to remain top of mind to customers should ensure that their way of interacting with user is both relevant and highly adaptive. Companies should invest in state-of-the-art technologies that help manage and optimize the relationship with the client based on both online and offline data. One of the most popular applications that companies use to develop the client relationship is a Recommender System. The vast majority of traditional recommender systems consider the recommendation as a static procedure and focus either on a specific type of recommendation or on some limited data. In this paper, it is proposed a novel Reinforcement Learning-based recommender system that has an integrative view over data and recommendation landscape, as well as it is highly adaptive to changes in customer behavior, the Holistic Adaptive Recommender System (HARS). From system design to detailed activities, it was attempted to present a comprehensive way of designing and developing a HARS system for an e-commerce company use-case as well as giving a suite of metrics that could be used for its evaluation.


Author(s):  
Pavel Pavlov

The article provides the analysis of the relationship between the rule-making activity of Russia’s state authorities: parliament, president, government and federal executive bodies. The analysis of Granger causality, carried out for statistical series of federal authorities rulemaking activity, indicates that the level of laws specification largely determines the level of by-laws specification (government decrees and orders of federal executive bodies), thereby exerting a significant impact on entire Russian regulatory framework volume. Econometric analysis based on a corpus of federal laws and aggregated corpus of regulations shows that the entire rule-making activity of the Russian parliament and federal authorities is explained by overlapping sets of factors. The findings indicate that to consolidate the effect of the “regulatory guillotine” it may be useful to develop mechanisms (procedural rules) that correct the balance between the pace and quality of developing legislative initiatives.


2017 ◽  
Vol 44 (2) ◽  
pp. 97-100
Author(s):  
Michall Ferencz Kaddari ◽  
Meni Koslowsky ◽  
Michael A Weingarten

ObjectiveTo compare the coping patterns of physicians and clinical psychologists when confronted with clinical ethical dilemmas and to explore consistency across different dilemmas.Population88 clinical psychologists and 149 family physicians in Israel.MethodSix dilemmas representing different ethical domains were selected from the literature. Vignettes were composed for each dilemma, and seven possible behavioural responses for each were proposed, scaled from most to least ethical. The vignettes were presented to both family physicians and clinical psychologists.ResultsPsychologists’ aggregated mean ethical intention score, as compared with the physicians, was found to be significantly higher (F(6, 232)=22.44, p<0.001, η2=0.37). Psychologists showed higher ethical intent for two dilemmas: issues of payment (they would continue treating a non-paying patient while physicians would not) and dual relationships (they would avoid treating the son of a colleague). In the other four vignettes, psychologists and physicians responded in much the same way. The highest ethical intent scores for both psychologists and physicians were for confidentiality and a colleague’s inappropriate practice due to personal problems.ConclusionsResponses to the dilemmas by physicians and psychologists can be categorised into two groups: (1) similar behaviours on the part of both professions when confronting dilemmas concerning confidentiality, inappropriate practice due to personal problems, improper professional conduct and academic issues and (2) different behaviours when confronting either payment issues or dual relationships.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Kalle Johannes Rose

Purpose Recent research shows that because of money-laundering risks, there has been an increase in the off-boarding of certain types of corporate clients in the financial sector. This phenomenon known as “de-risking” has been argued to have a negative impact on society, because it increases the possible risk of money laundering. The purpose of this paper is to analyze whether the de-risking strategy of financial institutions results in an expansion of the regulatory framework concerning anti-money laundering focusing on off-boarding of clients and, if so, is there a way to avoid further regulation by changing present behavior. Design/methodology/approach This paper applies functional methods to law and economics to achieve higher efficiency in combating money laundering. Findings In this paper, it is found that the continuing of de-risking by financial institutions because of the avoidance strategy of money-laundering risks will inevitably result in further regulatory demands regarding the off-boarding process of clients. The legal basis for the introduction of further regulatory intervention is that some of the de-risking constitutes a direct contradiction to the aim of the present regulatory framework, making the behavior non-compliant to the regulation. Originality/value There has been very little research concerning de-risking related to money laundering. The present research has focused on the effect on society and not the relationship between the financial institutions and the regulator. This paper raises an important and present problem, as the behavior of the financial institutions constitute a response from the regulator that is contradicting the thoughts behind the behavior of the financial institutions. It is found that the paper is highly relevant if an expansion of regulation is to be hindered.


2020 ◽  
Vol 6 (1) ◽  
pp. 121-139
Author(s):  
Justice Ray Achoanya Ayam

Higher education governance, legal and regulatory regimes in Ghana remain an important factor in the ever-complex higher educational landscape and its attendant funding challenges. The increased global demand for higher education reforms further strengthens the importance of higher education governance, legal and regulatory framework role in assuring sustainable funding of higher education. The purpose of this study is to measure the relationship between the governance and regulatory variables influence on financial sustainability. The research work utilises quantitative research methodology with a well validated research instrument to undertake this correlational study. The study outcome revealed a statistically significant relationship between the combined effects of the variables whiles two out of the eight variables were found be significant in predicting best fit equation for financial sustainability. The research recommendations should afford higher education practitioners the opportunity to undertake relevant reforms of the current governance, legal and regulatory practices in the country.


Author(s):  
AA. Ngurah Anom Kumbara ◽  
AA. Sagung Kartika Dewi

Modernization and globalization have spread the ideology of capitalism and materialistic rationalism throughout the world. It has created transformation not only in the socio-cultural and economic aspects, but also in religion practice. One of the Hindu’s practice phenomenon that prevails nowadays in Denpasar is a certain dynastic lawsuit against shiva-sisya relationship (patron-client), which became a tradition in Hindu’s practice in Bali.The purpose of this study is to understand and explain the background of the shifting in shiva-sisya (patron client) relationship and the implications of this shift within Hindu’s practice or religiosity in Denpasar city. To answer the purpose of this study cultural studies approach was used with qualitative analysis. Techniques for collecting data were through in-depth interviews, observations and analysis of the related documents. This study used theories: Patron-Client by James Scott, Structuration by Giddens and Modernization/social change of Marx. Based on the analysis of the collected data, this study has found that the underlying shift in the relationship of shiva-sisya (patron-client) within Hindu’s practice in Denpasar city was the appearance of the religious power decentralization, the strengthening of the market ideology within Hindu’s practice and structured social relations. The implications of that shift, which happen to be the religion privacy and the emergence of Hindu’s internal friction in religious practice in Denpasar city.


2018 ◽  
Vol 7 (3.20) ◽  
pp. 119
Author(s):  
Fadillah Ismail ◽  
Ainul Mardhiyah Nor Aziz ◽  
Wan Md. Syukri Wan Mohamad Ali ◽  
Halimah Mohd Yusof

The time constraint to concentrate on human resource management and lack of knowledge for the key strategic management of human resource would constrain the expand of the needs for its execution. The objective or motivation behind this study is to investigate the relationship and practice of strategic human resource management, the awareness of the exploration on strategic human resource management improves and professional conduct on waste management in organization. This investigation enhances to the logical group of research to fill the gap that as of now exists in organization. Waste management is chosen as the concentration of this investigation in relationship between strategic human resource management and sustainable competitive advantage. Thus, this research is important to manager’s level and academia for benefit table to business settings further enhancement.  


Legal Studies ◽  
2004 ◽  
Vol 24 (4) ◽  
pp. 516-539 ◽  
Author(s):  
Grace James

New Labour's recent ‘Welfare to Work’ policies encourage people with disabilities, where possible, to enter and participate in the workplace. The current policy of ‘inclusion’ is supported by the Disability Discrimination Act 1995 (DDA), which came into force in December 1996 providing those who are discriminated against on the grounds of their disability with an action against their employer. Drawing upon recently decided case law, this paper considers what the DDA offers those who are discriminated against because of a mental illness. I argue that policy-makers, courts and tribunals, because the relationship between physical and mental impairments is often misunderstood, fail to reflect the varied nature of or understand the stigma associated with, mental ill health. The law is thus at present incapable of providing adequate protection for mentally impaired individuals who attempt to participate or remain in the labour market, and new approaches, which are sensitive to the diverse nature of disability, need to be considered.


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