Ethics Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Ethics.


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When Should Blog or Forum Posts Create Liability for Defamation?

  August 12, 2014     By Brijnandan Singh Bhar & Co
Writers often express their views on blogs or forums. With the advancement of laws, anyone who writes articles, must be cautious of consequences of doing so. This is a Malaysian perspective.

The Scent of Jasmine

  June 10, 2014     By Chung, Malhas & Mantel, PLLC
I rose to shake hands with my client and asked her to sit down. You see, at first I didn’t recognize her. It was only when I glanced down at her hand and saw the ring that I knew it was she. An old and now estranged friend had given it to her.

Los Angeles Area Man Arrested on Financial Elder Abuse Charges

A financial advisor was recently arrested at a seminar in Los Angeles on financial elder abuse charges.

California Insurance Agent Sentenced For Financial Fraud That Targeted Seniors

A Los Angeles area insurance agent accused of defrauding senior citizens will spend five years in jail and was ordered by the court to pay $1.2 million to compensate his victims.

What You Shouldn't Do in Your Video Deposition

A short list of some common mistakes not to make at your next video deposition.

Review of The Owner/Design Professional Agreement from The Design Professional's Perspective

This article reviews some of the issues addressed in a standard Owner/Design Professional Agreement, outlines concerns from the Design Professional’s perspective, and discusses how the Design Professional can reduce liability on a project and ensure equitable adjustments to the contract price and schedule for changed or additional design services. The agreement contemplated by this article is one to be used as part of a traditional design-bid-build approach.

5 Examples of Attorney Malpractice

When choosing a lawyer you want to make sure that you are going to choose one that is going to treat you with respect.

Common Advertising Mistakes that Get Lawyers in Trouble

  By HG.org
Although it seems impossible to drive around any city in America without seeing billboards advertising attorneys or hear radio ads for law firms, attorneys are actually one of the most heavily regulated industries when it comes to advertising. Most rules make sense, like avoiding doing anything that would mislead the general public. But, there are a few that are easily and commonly violated, though not often considered until the damage has already been done.

Legal Advertising in America

  By HG.org
While billboards and television ads with lawyers faces and slogans may be commonplace today, just a few years ago such advertising was not permitted for attorneys. Over the last two decades, restrictions on lawyer advertising have relaxed somewhat, allowing the proliferation of ads we see today. Still, these advertisements are not without restriction.

Considerations in a Legal Malpractice Case

  By HG.org
We all understand that when someone wrongs us, we can contact an attorney to obtain assistance in filing a lawsuit to obtain relief. But what do you do when your attorney is the one who has wronged you? How do you obtain relief when your attorney drops the ball and commits malpractice?

What Sort of Malpractice Insurance Does a Law Firm Need

  By HG.org
Most businesses need a plan for dealing with unexpected situations. Usually, that plan includes insurance policies. But law firms and lawyers face unique circumstances most other professions never face. So what sorts of insurance should law firms obtain to best manage their risks?

What is Negligence?

  By HG.org
One can only bring a lawsuit for negligence if they can establish all four of the required elements. If any one of the elements is missing, then there is no negligence from a legal standpoint, and a lawsuit cannot be sustained. Of course, there are often defenses and other technicalities involved with proving such a case, so it is always best to contact a qualified, licensed attorney to help answer your questions and guide you through the process of analyzing your claim or defense to negligence.

Disruptive Behavior Among Medical Professionals

Many people feel afraid when they look for medical help. Whether it is their fear of a traumatic diagnosis or simply experiencing nerves over a routine check up, Chicago residents and people in other parts of the country may not rank potential doctor errors high on their lists of medically-related fears. That may change, however, in light of recent surveys completed by professional medical groups.

BGH on an Architect’s Responsibilities - Germany

In a recent judgement, the German Federal Court of Justice (BGH) provided a few clarifications with respect to the responsibilities of an architect towards his clients.

Architect’s Liabilities Arising from Non-Disclosure - Germany

Architect’s liabilities arising from non-disclosure. If an architect knows that a contractual penalty was agreed in the building contract, he has to instruct his client about its retention at the time of acceptance.

A Broker’s Right to Commission despite the Invalidity of the Brokerage Agreement - Germany

Even a brokerage agreement can be rescinded if a ground to challenge exists and ultimately be invalid. Nevertheless, the broker may retain a right to claim commission.

Attorneys and Disabled Clients - What Attorneys Need to Know When Setting Up The Initial Appointment

Attorneys and Disabled Clients - What Attorneys Need to Know When Setting Up The Initial Appointment - What attorneys need to know when working with disabled clients in Nashville, Tennessee and throughout the United States: Your law office just received a phone call from a deaf or hearing-impaired potential client. The potential-client is requesting a meeting to retain your services. The potential-client has also requested that you provide an interpreter for the meeting.

Contractual Attorney Fee Awards May be Contested

The Court of Appeals has held that even where there is a contractual fee shifting provision, that the court retains discretion to limit any award to a reasonable level. Successful parties will have to be ready and able to prove that requested fees are reasonable, even where the other party has expressly agreed by contract to pay all fees.

Turkey Pharmaceutical Sector: New Regulation of Promotion of Medicinal Products for Human Use

A new regulation has been published on Official Gazette dated 14 October 2012 that contains a number of changes have been made on Regulation on Promotion of Medicinal Products For Human Use to ensure that the companies promoting a medicinal product is monitored by the Ministry of Health in wide range of their promotion activities. The main changes to the regulation include:

Foreigners, Personal Injury Law and Compensation in Jamaica - Understanding Your Case

Compensation for personal injury in Jamaica is based on awards being made for special and general damages. In the case of general damages, the amount of compensation is based on local precedents, which are lower than those in high cost countries. Thus, a foreigner who lives in a high cost jurisdiction will get less monetary damages. Special damages are awarded as proved. In sum, foreigners from high cost jurisdictions are at a disadvantage in the amount general damages that they may receive.

Lawyer Accused of Forging Power of Attorney, Murder in Dad's Death

An interesting case in Missouri has made headlines recently regarding the use of an alleged forged estate planning document resulting in first-degree murder charges. William Van Note, a 67 year-old retiree, and his long-time girlfriend, Sharon Dickson, were shot during a home invasion in 2010, killing Dickson and critically injuring Van Note, wounding him with a gunshot to the head.

Cruising the Caribbean Leads to Litigation Labyrinth

Two men who who jetted from New York to Fort Lauderdale to board Royal Caribbean's Liberty of the Seas cruise ship to Jamaica last week, but their vacation took a twisted turn when they found themselves locked away in the cruise ship's brig, accused of raping a young woman.

The Historical Journey of the Spousal Privilege

Two Privileges Protecting the Husband-Wife Relationship: Confidential Communications and Refusal to Testify in Criminal Proceedings - As we pointed out in a 2008 post, there are two marital/spousal privileges in Texas: the confidential communication privilege as defined by Rule 504(a) and the privilege not to testify in a criminal trial as defined by Rule 504(b) of the Texas Rules of Evidence.

Attorney Work Product Versus Grand Jury Subpoena

Protecting Attorney Client Relationship, Privileged Information from Government Subpoena - The attorney work-product and the attorney-client privilege are often confused with each other. Although related, insofar as they both concern the attorney client relationship, they are distinct privileges protecting different types of information for completely different rationales.

Judge in Michael Morton Case Faces “Court of Inquiry”

Investigation of Intentional Prosecutorial Misconduct by Williamson County DA’s Office - In the 1980s Michael Morton was wrongfully, and unjustly, convicted of the murder of his wife (here and here). To say that prosecutorial misconduct was the primary reason for Morton’s conviction would be the proverbial understatement.

Self-Defense: No Duty to Retreat

Core of Defense of Third Person is What the Actor Reasonably Believes Concerning the Situation of the Third Person - It was a hectic, confusing scene in Dallas on December 2, 2007. A fight broke out between two gangs: Kirby Block and Manett Boys. It was never clearly established what, or who, precipitated the fight.

The Clergy Privilege - Clergy Privilege Protects Communications Made in Confidence, Waived if Called as Character Witness

In a previous post, we outlined the case of Ernest “Randy” Comeaux, an inmate serving six life sentences for a series of rapes from the mid-1980s to the mid-1990s in Lafayette Parish, Louisiana. The background of the case can be found here. In November of 1998 Lafayette Police Department Captain James Craft received an anonymous telephone call that linked Comeaux to the rapes.

Attorney-Client Privilege - Special Rule of Privilege in Criminal Cases Provides Greater Protection to the Criminally Accused

Ernest “Randy” Comeaux is currently an inmate serving six life sentences, without the benefit of parole, at the David Wade Correctional Center in Homer, Louisiana. The facts of Comeaux crime were detailed by a Louisiana Court of Appeals in the matter of Smith v. Lafayette Parish Sheriff’s Department on April 24, 2004:

Confidential and Private - Evidentiary Privileges in the American Legal System

Writing in the Pittsburgh Law Review, University of California Law Professor Edward J. Inwinkelried discussed in detail the history and legal parameters of evidentiary privileges. He opened his treatise with this observation: “From society’s perspective, the rules governing privileged communications, such as those between a client and his or her attorney are arguably the most important doctrines in evidence law.”

The Impact of Smith V. Cain

High Court Misses Opportunity to Discuss Ethical Obligations of Prosecutors - For reasons we discussed in a previous post, the U.S. Supreme Court had an opportunity in Smith v. Cain to discuss the ethical discovery obligations of both federal and state prosecutors—an idea strongly suggested by the American Bar Association in their amicus brief filed in the case.

Federal Discovery and Inspection Procedures

Tunnel Vision Interferes with Duty to Comply with Discovery Obligations - Most litigation in federal criminal cases regarding discovery of evidence, or lack thereof, is based on claims of violations of due process protections found in the Fifth and Fourteenth Amendments of the Constitution.

Wrongful Conviction and Prosecutorial Misconduct

Filing Grievances, Request for Courts of Inquiry in Wrongful Conviction and Exoneration Cases - On December 12, 2011, writing for Mother Jones, Beth Schwartzapfel and Hannah Levintova published a piece titled “How Many Innocent People Are In Prison?”—a piece based in part on research conducted by University of Michigan Law Professor Samuel Gross.

The Ethical Implications of a Brady Violation

Disciplinary Action against Rogue Prosecutors Who Intentionally Engage in Wrongful Conduct, Brady Violations Rare - Among lawyers practicing criminal law, “Brady violation” is probably second only to a “Miranda warning” as the most recognizable legal term in this country’s jurisprudence; and, significantly, both of these U.S. Supreme Court decisions are designed to curb prosecutorial and law enforcement misconduct.

Brady Violations in White Collar, Corruption Convictions

Serious, Widespread and Intentional Concealment of Evidence by DOJ and US Attorneys - Former Alaska lawmaker, Vic Kohring, has entered a guilty plea admitting he accepted bribes from an “oil man” for his help in keeping taxes low on the Alaskan oil industry. The plea comes after an appellate court tossed out Kohring’s original conviction, along with others convicted in the scandal, after finding that the Government had intentionally withheld evidence in the trials.

Smith V. Cain: A Look at Prosecutor’s Duty to Disclose

ABA Files Amicus Demanding Disclosure of Exculpatory Evidence Regardless of Materiality, Broader than Brady - The Orleans Parish and Williamson County district attorney offices have something in common: both have a disturbing history of withholding exculpatory information that resulted in innocent men being sent to prison (or death row) for long periods of time (here, here and here).

How the Internet is Destroying Small Business Commerce and Legal Remedies

The Internet is destroying the enforceability of small business contracts. Here are a few examples: Case 1: Painting Company and the BBB. - A house painting company (“PaintCo”) bid on and signed a contract with a home owner to paint his house. The contract had a three day cancelation clause which was not invoked.

General Principles and Information re: Director and Officer Liability Info. Checklist

I. General Standard - With some exceptions, the general legal standard of care for business actors and agents is “prudence.” In this context “prudence” means to act as an ordinary prudent person would act under the circumstances. But, this standard can be misleading because, at law, prudent people arguably do not make common mistakes, like combing their hair or changing the radio dial while driving, let alone sending texts. So, the prudent standard.

When it Comes to Attorney’s Fees, is Texas Becoming More American?

Under the majority “American Rule,” parties are generally required to bear their own attorney’s fees in civil cases. For over 100 years, however, Texas has been in the minority that allows courts to award attorney’s fees to prevailing parties for certain claims, such as for breach of oral or written contracts.

An Injury Occurring During Physical Therapy May Be the Result of the Malpractice of the Physical Therapist

The increasing use of physical therapy amongst the elderly-- and particularly nursing home patients-- has resulted in increases in the number of incidences of patient injury or death.

Improving Your Doctor’s Hygiene

Hygiene in hospitals is not as high of a priority as one would expect. When people don't feel well, they see a doctor. They probably assume that the doctor will not spread anything to them to make them sicker. Ohio residents may be disturbed to find out that hygiene in hospitals is not as high of a priority as one would expect.

Hospitals Aiming for Fewer Errors and Better Patient Care

An estimated 100,000 people per year die in hospitals around the country from preventable errors and over the years this situation has only worsened. About 10 years ago a study from the Institute of Medicine was released. It estimated that 100,000 people per year died in hospitals around the country from preventable errors. Ohio residents will be disappointed to know the situation has only worsened.

Was Nurse's Need to Rush Through Job Responsibilites to Blame for Death of Patient?

I've come to accept that the physical responsibilities placed upon nursing home staff are completely unrealistic. The desire of management and administrators to maximize the individual productivity of nursing home workers may appear to be an admirable proposition on paper--- yet, fails when it comes to providing quality care for patients.

Pharmacist Sentenced to Home Confinement after Re-Packaging Drugs for Nursing Home Patients

Pharmacists play an essential role in the well being of nursing home patients by filling physician prescriptions and in many cases keeping track of all the medications each patient takes to assure there are no contraindications in mixing different drugs. Obviously, keeping track of medications is an difficult but important job.

Dove v. Ty Cobb Healthcare Systems, Inc. (305 Ga. App. 13)

Case: Dove v. Ty Cobb Healthcare Systems, Inc. (305 Ga. App. 13) Parties: Plaintiff (Appellee) - Dove, Representing the estate of Ann Royston (Deceased) - Defendant (Appellant) - Ty Cobb Healthcare Systems, Inc. Court: Court of Appeals of Georgia (2010)

The Critical Role of Nurses in Avoiding Medication Errors

Medication errors are far more common than most people imagine. Commonly cited statistics are that 1.3 million people are injured and approximately 7,000 people die from medication errors each year in the U.S. In May 2011, Dr. Pamela Brown, a Ph.D., RN nurse manager of a pediatric intensive care unit, gave a presentation on fatal medication errors at a conference for critical care nurses.

Sleep Deprivation and Patient Safety

In a recent study published in the New England Journal of Medicine (NEJM), the authors cite studies which show an increased risk of complications for patients who undergo elective procedures performed by a sleep-deprived doctor. According to the Society of Actuaries, medical mistakes cost the U.S. economy over $19.5 billion in 2008. During that year, the report estimates that medical mistakes caused over 1.5 million injuries, resulting in 2,500 estimated deaths.

Regulations Lacking for Outpatient Surgery

An increasing number of surgeries are performed on an outpatient basis each year, requiring no hospital stay and leaving it up to the patient to manage their own recovery. By some estimates, anywhere from 25 to 30 million Americans undergo surgery every year. Over one third of those surgeries require at least one night in the hospital and even more can involve a significant amount of recovery time.

Medical Arbitration Agreements: Positives, Negatives,and Causes for Dismissal

Medical malpractice cases are extremely sensitive and, in situations where an individual has suffered severe injury, the outcome of a malpractice case is all the more important. Like a business contract, the patient/doctor relationship is one in which a certain amount of trust, and money, is laid on the table in anticipation of a desired outcome.

Guardianships and Vulnerable Adults in Arizona

In Arizona, anyone interested in the affairs or welfare of an allegedly incompetent person may petition the court for appointment as a guardian. ABC15 reports that Sun Valley Group of Tempe requested appointment as guardian to Gloria Horrigan and Rosemary Brown. Upon appointment, Horrigan was taken to a nursing home against her will and not allowed visitors, not even her family. Brown followed a similar pattern, also taken and not allowed to see her family or visitors.

Medical Malpractice Claims and Lawsuits

Medical malpractice is a term used to embody the negligent behaviors of medical professionals whose omissions or deliberate actions/ inactions have resulted in a failure to practice safe medicine. In many instances, medical malpractice becomes a case worthy of legal address, and claims and lawsuits often follow the injuries and/or fatalities of malpractice within the health care field.

How to Fire Your Attorney

As a personal injury attorney in Georgia, I frequently get calls from car accident injury victims who want to fire their current attorney and hire a new lawyer to take over their case. It is always possible to fire your attorney and hire someone else. However, as every case is unique, it is important to keep some things in mind.

Las Vegas Personal Injury Law Firms – Finding the One that’s Best for You

How can you discern between the myriad of Las Vegas personal injury law firms? There are many choices, with most firms offering an extensive menu of services. How can you decide which firm may be best suited for your specific case? Before committing to one attorney or firm, consider this list of screening questions you can use to make your decision:

Bankruptcy Lawyers that Promise Results? Buyer Beware

Lawyers, like doctors, can rarely if ever promise results. And if they do you'd better be concerned.

Detailed Doctor Database Soon to Be Available Online

On behalf of Steinberg, Goodman & Kalish posted in Chicago News, Illinois Laws, Illinois Legislation, Illinois News, Medical Malpractice, Personal Injury.

Orthopedic Surgery Malpractice Actions

Orthopedic surgery doctors manage patients with musculoskeletal system disorders. When malpractice occurs, a person could end up with fractures, tumors, and deformity in the wrists, joints, extremity, and spine.

Continuing Medical Education Used to Discipline Physicians for Mistakes

According to American Medical News, state licensing boards, medical groups, and hospitals are requiring doctors to take continuing medical education (CME) courses to prevent misconduct.

Public Endangerment: To What Extent can Law Enforcement be Held Liable?

In September 2011, a California couple filed a lawsuit against the Trinity County Sheriff's Department for sending them into a dangerous situation. The couple had been contacted by a Sheriff's Corporal and sent to check on a neighbor who made a 911 call indicating she was in danger. They had not been warned of the nature of the distress call and, upon their arrival, were violently attacked. A lawyer explores how the couple will prove the police were liable for the personal injury they suffered.

Health Care Provider Liability under the False Claims Act (31 U.S.C. § 3729 et seq. - Qui Tam)

Health Care Provider Liability under the False Claims Act (31 U.S.C. § 3729 et seq.) - A recent decision by the Third Circuit Court of Appeals details circumstances under which health care providers may be held liable under the False Claims Act (“FCA”), 31 U.S.C. § 3729, et seq., for alleged fraud committed under Part C of the U.S. Medicare program. By Cliff Holmes, Esq. Attorney for Dunlap, Grubb & Weaver PLLC (Washington, DC)

Malpractice Cases in Turkey

This article explains the general trend of malpractice cases in Turkey. This study had been review in the light of recent amendments in legislation related to Turkish Law.

Were Lap Band Recipients Subject to Attorney Advertising Violations?

Twenty-one-year old California resident Jessica Bleaman's problems weren't over after she had to undergo a second surgery due to personally injurious complications from a gastric band procedure she underwent with a clinic found through a 1-800-GET-THIN ad. Bleaman also found herself facing collections activities and solicitation from a potentially unethical and dishonest lawyer. This article explores which bar association rules that attorney may have violated.

No Safe Haven for Righthaven, LLC or Other Copyright-Infringement Profiteers

Recipe for Success: Know the Law, Know the Judge, and be Professional.

Have You Suffered from Dental Malpractice?

It is extremely important for people to keep up with their regular dental cleanings and checkups so they can properly maintain good oral health. When a dentist or oral surgeon fails to provide a standard level of care, and as a result seriously injures or kills their patient, then the victim or the surviving family members may qualify for a personal injury claim against the liable party.

Harmed in a Dentist's Office? Did the Dental Assistant Do More Than They Were Allowed to Do?

California law limits the role of Dental Auxiliaries. When "busy" dentists allow their dental assistants to do more than the law permits, patients can sustain serious injuries. In this article, the author explains the role of dental assistants as outlined in the California Dental Practice Act.

Are California’s Limits on Non-Economic Damages Unconstitutional?

Ever since the California Legislature passed the Medical Injury Compensation Reform Act of 1975 (MICRA), plaintiff’s attorneys have been working hard to repeal or amend the law. It is patently unfair to cap a malpractice victim’s non-economic damages, and it gives doctors and healthcare facilities incentive to do a cost benefit analysis on human lives.

Standard of Care for Legal Specialists

The standard of care for a legal specialist may be different than that for a general practitioner. The Second Restatement of Torts provides that a professional is held to a general standard of care unless that person represents that he or she has greater or less skill or knowledge than members of the profession normally have.

How a Non-Licensed Person Can Work with a Professional Practice

In this article, the author discusses how a non-licensed person can work with a professional practice, including the use of an administrative/management service company.

A Bill Before the Oregon Legislature Could Give Whistleblower Protections to Non-nursing Hospital Personnel

A recent bill before Oregon’s state Senate might provide non-nursing hospital personnel workplace protection when they report patient care practices, procedures, or policies that endanger patient safety.

Podiatric Malpractice

Podiatric malpractice claims tend to be difficult claims because the specialty underwriters that insure these losses hire experienced defense counsel who cover a broad geographic area and therefore have considerable experience.

High Risk Pregnancy Complications

The complications and conditions associated with high risk pregnancies should be properly identified and treated to avoid serious injury.

New Illinois Rules of Evidence Effective January 1, 2011

The new IRE should afford the practitioner efficiencies in adequately preparing for evidentiary issues before trial, as well as expediting the resolution of evidentiary issues during trial. The Special Committee performed a tremendous unpaid service to the bench, bar, and citizens of the State of Illinois in creating the new Illinois Rules of Evidence.

“Safe Harbor” for Doctors, Caps, Health Courts & other Panaceas Are Not the Answer to Rising Health Care Costs

Reform of the medical malpractice laws has been a subject of national debate for many years.

Texas Board of Nursing

The Texas Board of Nursing is one of the most active licensing boards in the state, disciplining hundreds of nurses each year which includes substantial numbers of license revocations.

VBAC Injuries: Injury to a Baby When the Mother's Uterus Ruptures

VBAC means Vaginal Birth After Cesarean. It is usually safe, but there is one key question every family must ask before agreeing to try VBAC at a particular hospital. If you don't know the answer to this question, and the uterus ruptures, your child can suffer a terrible injury.

Warning Signs of a Preventable Bad Outcome in Childbirth

Here are some of the most common ways that children can suffer serious brain or spinal cord injuries during the birthing process, due to a preventable error or lack of good judgment by the doctors or nurses involved in the delivery.

Georgia Supreme Court Upholds Attorney Fee Law

In the case of Smith v. Salon Baptiste (S09A1543) (2010), the Georgia Supreme Court ruled that Georgia law § 9-11-68 requiring a losing party to pay the attorney fees of the winning party under certain conditions was constitutional.

The Cost of Bias in the Legal Profession

The ultimate cost of bias goes beyond undermining the rights of those whom our justice system is intended to serve. It also has a profound corrosive effect on practitioners and the judiciary.

Asking for Whom the Statute Tolls: Continuing Representation and the Statute of Limitations

As a general rule, the statute of limitations for legal malpractice claims is tolled during the time that an attorney continues to represent a client. The Supreme Court acknowledged that introducing tolling into the limitations equation came with a cost.

The Role of Ethics in International Business

How and whether it is possible to act ethically at international level.

Tips on Finding a Top Personal Injury Lawyer

Personal injury cases are life-changing events that can wreak havoc on your health, finances and family life. Many accident victims are dependent on the damages they are awarded to cover medical expenses and lost income. Choosing the top lawyer is therefore the crucial first step any plaintiff must take so he or she can get suitably compensated.

Dental Group Scams, Dentist Fraud, Rip Offs and Malpractice in California and What Consumers Can Do to Help Attorneys Protect Dental Consumers

An Analysis of Dental Group Scams, Dentist Fraud, Rip Offs and Dental Malpractice in California and how a few bad apples in the Dental Profession are tarnishing ethical and caring dentists with the same toothbrush.

Social Media in the Jury Room can Sabotage Trials

No one needs to be reminded of the stressful number of emails, voice mails, texts, and other “messages” which await them each day in their office in the practice of law. But how is this translating to jurors in the trial arena?

Credibility

Investigator and witness credibility is the most important issue when testifying in court. An investigator and witness must be credible.

What Is a Plaintiff’s Attorney?

When people who have been injured or wronged have nowhere else to turn, they turn to a plaintiff’s attorney.

Filing Legal Malpractice Claims in Illinois

"In Illinois, attorneys are not required to carry legal malpractice insurance. A 2002 survey conducted by the Illinois State Bar found that 20% of attorneys and up to 40% of solo practitioners lack malpractice insurance."

Fiduciary Obligations Related to Estate Planning and Administration

When an individual dies, his or her estate has to be administered, debts settled and assets distributed. Often these duties fall to a fiduciary such as an attorney, a trustee, a personal representative, an administrator or an executor.

Nursing Home Neglect is on the Rise in California

Nursing home abuse has been a topic of much discussion throughout the United States for several decades, but California is by far home to some of the most serious cases. Studies have shown that the number of nursing home abuse cases in California are increasing, and that is likely due to the number of elderly presiding in nursing home care is rising, and will continue to rise with the baby boom generation.

Attorney Contingency Fees Explained

Imagine that you are seriously injured in a car accident through no fault of your own. You are rushed to the hospital, where the doctors piece you back together with several surgical procedures. You don't know if or when you will be able to work again. The medical bills are piling up. You are falling behind on your mortgage, bills and car payments.

Have You Fallen Prey to a Defective Product?

The following are tips to ensure that you have solid evidence for a product defect case.

Misrepresentation: Legal Hypothetical

Discussion of fraudulent and negligent misrepresentation in the context of a hypothetical fact pattern.

When Do You Need to Talk to an Attorney?

The best time to consult with an attorney is when you don’t need one! Whenever you have concerns about a potential problem, that is the time to talk to a lawyer.

What Does Contingency Mean?

If you’ve been the victim of an accident and you’re now faced with the responsibility of obtaining the services of a personal injury attorney to defend your legal rights, you’re probably worried about a lot of things. How you’re going to recover. What you’re going to do now, especially if the accident resulted in permanent injury. What you shouldn’t have to worry about is how you’re going to be able to pay for the legal counsel you deserve.

Spies in the Boardroom - UK

Almost anything is technically possible in espionage when you are dealing with multi-billion pound litigation cases, mergers and accusations or intellectual property rights.

Republican 2008 Presidential Election Tactics, Robo Calls and Negative Attack Ads

A discussion of some of the tactics being employed in the 2008 Presidential Election to sow seeds of distrust and fear. The author asks whether the backlash against these tactics that are generating anger and fear among voters at political rallies will yet cause John McCain, a decent man with an honorable past, to repudiate the results of his own negative campaign ads and strategies.

Current Campaign Finance Laws for the 2008 Presidential Election

A look at the current campaign election finance laws and current campaign contribution limits for the 2008 Presidential Election. The amounts that can be contributed to election campaigns have become even more important as the outcome of this election has become crucial to solving the current economic crisis.

The Risks of Serving Alcohol to a Minor in Hotels, Restaurants, Nightclubs and Bars in California

The author looks at the what can happen to a restaurant, hotel, nightclub or bar that serves alcohol to a minor. Using the example of two restaurants in the Coachella Valley caught after the fact having serving liquor to minors, the author discusses the facts of two cases to show the deadly results that can follow from such actions.

Allegations of Publishing and Broadcast Media Bias In the 2008 Presidential Election

The author of this article examines the allegations of publishing and media bias in the 2008 Presidential Election to determine if they were either fair or of any assistance to the Republican candidate. For the most part, the author concludes, such allegations have not been accurate, have been recognized as unfruitful and have fallen on deaf ears. Finally, as newspaper make their endorsements of the candidates they support, such allegations fall by the wayside completely.

Allegations of Media Bias In The 2008 Presidential Election - What’s New?

The author discusses the allegations made of media bias in the 2008 Presidential Election and finds that although some of the biased attacks have been in new forms, bias by news channels and broadcasters is, for better or worse, becoming more accepted in the media.

The Ethics of Medical Malpractice

Taking responsibility for negligence is always the ethical thing to do.

Power of Attorney Demands Attorney Not Benefit from His Role

Under the law of Ontario a person appointed as attorney under a power of attorney over property is defined as a fiduciary who must conduct themselves with utmost good faith and loyalty to the beneficiaries. Consequently, the common law demands that there can be no conflict between the attorney’s personal interests and those of the beneficiary. The attorney is in breach of his fiduciary duty and liable if he takes any action to personally benefit by reason of his fiduciary duty.

What Every Legal Secretary Should Know

The job of an attorney service is to make the job of an employees of a law firm easier!

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