8. The Relationship Between Opposing Counsel

8. The Relationship Between Opposing Counsel

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Statutory Rape: The Age of Consent

Introduction People watching the interaction between the lawyers in their divorce sometimes have a hard time making sense out of what they see. One client said at the end of the divorce, “I could never understand how they could be at each other’s throats one minute and cracking jokes the next. Stipulations can be reached which simplify the case, move it toward settlement and save you money.

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United Arab Emirates January 31 I am sure that from time to time we have all come across the vexed question of backdating documents. Is it legal to comply with the request or must it always be refused outright? Alternatively, is there a way of legally trying to achieve the required objective? For example, if a seller had sold his house in December then the seller could have taken advantage of certain tax benefits.

However, he only realizes this in January and so wishes to backdate the document to December. The event did not happen during the time period required for the benefit so an attempt is being made to pretend that it did. This is a fraud on the tax authorities, a criminal offence and is likely to get the lawyer who prepared the document disciplined by his regulator and possibly also charged as a co-conspirator. For obvious reasons, any request to backdate a document for these reasons should be flatly turned down.

However, an explanation often given by the person wanting to backdate the document is that the document is merely meant to reflect an oral agreement that has already been made and that this is just a way of documenting it. In theory, this would appear on the face of it to be a reasonable request, as it is just a private arrangement between two parties.

The argument is obviously not valid if the transaction is one which is required by law to be in writing such as a transfer of land. This is not an agreement that could have been made orally.

Codes of Ethics on Termination in Psychotherapy and Counseling, by Ofer Zur, Ph.D.

Table of Contents a Except as provided in paragraph b , a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if: The clients affected under paragraph a include both of the clients referred to in paragraph a 1 and the one or more clients whose representation might be materially limited under paragraph a 2. To determine whether a conflict of interest exists, a lawyer should adopt reasonable procedures, appropriate for the size and type of firm and practice, to determine in both litigation and non-litigation matters the persons and issues involved.

See also Comments 5 and Depending on the circumstances, the lawyer may have the option to withdraw from one of the representations in order to avoid the conflict.

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Last week, during Personal Stories Week, I discussed the unethical practices sometimes found within mental health agencies and among mental health professionals. You go to a mental health therapist to receive an evaluation for symptoms of depression you have been experiencing such as crying spells, chronic headaches, dizziness, nausea, lack of appetite, insomnia, anhedonia, and feelings of hopelessness.

Your therapist tells you that you might be experiencing severe anxiety and not depression. She ends up referring you to someone that she says has a long history of helping patients with your symptoms. Believe it or not, this happens in a lot of places. But it is important to understand that there are laws against fee splitting.

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John March 19, at 7: I knew it was transference and I brought it up, though it felt really awkward. I fired her after a couple of months. Sarah March 22, at 4: And if the therapist is good, you can look at your pattern of attachment, mentioning that you feel the same old feelings coming up and then figure out a healthy way to deal with this.

Legal Services Commission v Nguyen [] LPT (PDF) This was a decision of Queensland’s Legal Practice Tribunal, presided over by Chief Justice de Jersey. The solicitor was a 35 year old with a busy suburban practice, who did a lot of community work.

Table of Contents a A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless: The requirements of paragraph a must be met even when the transaction is not closely related to the subject matter of the representation, as when a lawyer drafting a will for a client learns that the client needs money for unrelated expenses and offers to make a loan to the client.

It also applies to lawyers purchasing property from estates they represent. In such transactions, the lawyer has no advantage in dealing with the client, and the restrictions in paragraph a are unnecessary and impracticable. Paragraph a 2 requires that the client also be advised, in writing, of the desirability of seeking the advice of independent legal counsel. It also requires that the client be given a reasonable opportunity to obtain such advice.

The fact that the client was independently represented in the transaction is relevant in determining whether the agreement was fair and reasonable to the client as paragraph a 1 further requires. Paragraph b prohibits such use of client confidential information unless the client gives informed consent, except as permitted or required by these Rules. Paragraph b applies when such information is used to benefit either the lawyer or a third person, such as another client or business associate of the lawyer.

For example, if a lawyer learns that a client intends to purchase and develop several parcels of land, the lawyer may not use that information to purchase one of the parcels in competition with the client or to recommend that another client make such a purchase. For example, a simple gift such as a present given at a holiday or as a token of appreciation is permitted.

Rule 8: Rules of Professional Conduct.

Robert Stump Feeling the heat, E. Jean took to the blogosphere with the following offer: Make a comment on a critical blog post and get a free Tawkify match! First, the bell on demeaning men who might want to use a service as awkward and inefficient as Tawkify cannot be unrung. Jean admits in her BetaBeat article that she primarily does the matchmaking and has little capacity for scaling up compared to, say, a matching algorithm designed by MIT grads like the kind OKCupid uses.

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The Person I Am Dating Is Newly Divorced, What Should I Know? Marriages sometimes end in divorce. While divorce is a legal process, the emotions that attach to it can range from anger and bitterness to sadness and grief.

One might assume that therapists found guilty of forming high risk relationships with clients consist chiefly of poorly trained, obtuse, or psychopathic individuals. Amazingly, actual cases of serious infractions from our personal experience serving on ethics committees include more than one past president of state psychological associations, current and former members of state licensing boards, a professor at a major university who authored an article on professional ethics, and even chair of a state psychological association ethics committee!

Although one can identify various types of high risk therapists and situations, we also conclude that no one seems immune from temptation. Psychotherapeutic alliances have peculiar and significant features that require firm professional resolve and self-monitoring. Consider the following scenarios adapted from our case files: It seems clear that your extremely attractive client has more than a professional interest in you.

Here is a person who likes and appreciates you, compared to your spouse who has taken to ignoring you much of the time and your kids who see you as obsolete. After the session, the client remarks that you seem a little down and suggests that you go out for a pizza. You have the next hour free, so the idea strikes you as innocent enough; Fulfilling it would certainly boost your sagging spirits. The therapist posted a comment, describing the client as a dangerous man who could detonate at any time without warning.

Your wealthy client has come a long way in controlling his anxiety attacks, and you both feel satisfaction. The therapy process feels like a true partnership. The client, whose treatment should soon terminate, makes you an offer to become a business partner in a spinoff of his already successful company.

Spotting Ethical and Legal Violations In Therapy

This article is over 7 years old Aisha was exploited by a social worker after they started a relationship. David Levene Aisha was flattered when her children’s social worker began paying her attention. She had been going through a spell of mental health problems and felt a mess.

legal age for dating, legal dating age in california, legal age limit for dating, legal adult age in florida, legal age in fl, Our clients say Memories are made by good people who are true to their beliefs and care about each and every one of their clients. Thank you BASS. We’ll see you again next year.

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