Critical evaluation on the standard model of professional legal ethics Essay

Critical evaluation on the standard model of professional legal ethics (neutral -partisanship ) - Essay Example According to this theory, the lawyers need to keep high standards of morality in their profession and this at times goes against the interest of their clients. According to Atkinson (1993)â€Å"The concept of lawyering are two correlated principles, partisanship and neutrality. The first of these, partisanship, is the more obvious:' the lawyer is to use all legal means, and the maximum of personal energy and zeal, to advance any client end, subject only to the constraint of the outer limits of the letter of the law. The second, less obvious, principle is neutrality toward the morality of clients' purposes†. Lawyers are the law protecting agents of the society; hence they have the superior obligation to work for the fulfillment of the justice and preservation of the law. The model of professional legal ethics aspire the legal professionals in setting a foundation which is strong in terms of moral and ethics. However, the lawyers have the obligation to heed to his conscience whe n considering a legal fight. A lawyer should not only focus on the freedom of his clients but consider whether the client is ethically right or wrong. Finally, the legal professional ethics aims at serving the interest of the clients but this should not be achieved by going against the moral and ethical standards of the law. Analysis of few cases in relation to professional ethical standards In this section certain cases are being assessed in terms of the professional ethical standards. This is done to consider the implication of ethics and morals by the legal profession in defending their clients. These case studies focus on the problems and dilemmas faced by the lawyers when acting in favor of their clients .A lawyer is a professional with high moral obligation towards his clients as well as the society. Even thought the neutral partisanship allows a lawyer in acting in favor of his clients, it also ask him to act according to the law - abiding rules and principles. He should not reject the moral and ethical values and only look in to the protection of his client. In order to find the complication faced by lawyers, we can study few cases which demand the ethical and moral obligation from the lawyers. Surat & Scheingold(1998) claims that â€Å"The role of lawyers and the scope for legal activity is, for example, considerably broader in the American than in the British common law system. Similarly, in times of crisis, liberal regimes may undertake repressive measures that undermine the rule of law and drive cause lawyers into defensive postures†. Case 1 : Acting for the Pride of Britain Organisation Harold Truman a multi – billionaire is the man who represent the Pride of Britain Organization, which is a political party with specific interest to support British nationals. This political party, PBO which is funded by Truman has taken anti – immigrant stands to protect the job opportunity of British nationals by hindering the prosperity of m igrants. The Truman has contacted the Monkmans solicitors for working on behalf of PBO and initializing the anti – immigrant policies. However, the Monksmans solicitors being a representative for refugees, asylum seekers and economic migrants presented strong objections to the interests of Truman and PBO. Trumen being the client of Monksman solicitors, has the right to get sufficient favors from the latter .However, considering their professional ethics and morals principles, the Monksmans Solicitors decided to abide by their mission of protecting the rights and privileges of local immigrants and refugees . They denied working against their true professional motives, to not to jeopardize their reputation as a protector of immigrants .The case conveys the message that being a lawyer is not only about serving the client

I do not know Research Paper Example | Topics and Well Written Essays - 1000 words

I do not know - Research Paper Example What exactly is a financial crisis? This is an important question to ask at the outset of this paper if we are to understand our subject. Generally speaking, financial crises arise in a variety of situations in which some financial institutions or industries suddenly lose large amounts of their value. For example, in the past, many such situations were associated with banking panics, stock market crashes and financial bubbles. The result is that country loses its wealth. Jobs are lost and people and companies go bankrupt. These crisis are often unexpected and result in a great deal of wealth being wiped out. People suffer and it can take years for the economy to regain its balance (Williams, 23). All sectors of society find themselves set back and productivity and growth become very slow. In the most recent example, the subprime mortgage crisis was one of the first indicators of 2007 financial crisis. There is a clear line that can be drawn between the massive number of mortgage defaults and the consequent crisis. High default rates on subprime adjustable rate mortgages began to increase very rapidly in this period. The long term trend of rising housing prices and better loans encourage borrowers to believe they would be able repay their mortgages quicker. They thought they had a good deal and would be able to refinance if they had a problem. However, this was not the case. â€Å"The first clear sign that the US housing bubble was bursting, the mid-2007 crisis in the sub-prime mortgage market (stemming from the significant increase in defaults), transmitted losses to a whole set of securitized financial products such as mortgage-backed securities† ( Lin, 32). The truth is that the American dream of home ownership had gone into overdrive. People who were unable to afford to pay mortgage payments were given mortgages. People with bad credit or unstable employment were given

Alegent Health intervention Essay Example | Topics and Well Written Essays - 250 words

Alegent Health intervention - Essay Example The assessment was however subjective and this could limit ability to verify information. The subjective scope could also facilitate bias (Cummings and Worley, 2009). One of the ways fo improving the assessment is implementing an experimental design instead of a survey design. This would involve identification of two groups and subjecting one group to the intervention while leaving the other group. The two groups would then the evaluated on their ability to develop and implement innovative strategies and the approach would offer a clear basis for evaluating effectiveness of the decision accelerators. Increasing the level of objectivity through pre-developed scales is another way in which the assessment could be improved and this would ensure validity and reliability (Cummings and Worley, 2009). Even though the subjective approach undermines validity and reliability of generated data and conclusions of the assessment, the in-depth scope of the developed information and the ability of the researchers to verify offered information establish a high level of confidence on the developed lessons for the organization (Cummings and Worley,

Leadership evaluation of prior manager Essay Example | Topics and Well Written Essays - 2000 words

Leadership evaluation of prior manager - Essay Example Usually these kinds of leaders have high level of performances and low level of grievances as these leaders are more committed to achieving goals. Moreover, high task leaders are strong when it comes to technical skills and are good nurturers and planners. Another important trait that such leaders possess is the work allocation as proper defining and scheduling of work is done for workers to maximize productivity and later for doing assessment for workers. Similarly, high people leadership style focuses on building trust between manager and workers. This kind of leadership usually has strong personal traits and are committed towards making a bridge between manager and worker by creating or ensuring trust, delegating responsibilities to the workers, motivating employees by listening and fulfilling their needs. Philip Mayers, director of Make a Wish organization Australia, was asked to fill the assessment form for behavioral leadership. He scored 8 (in terms of odd numbers) which proved that he possessed high task leadership. Moreover, in terms of even number, Philip Mayers score was 7, which meant he had high people leadership style as well. It has been found that Mayers ensured that his employees were engaged with work full-time and were not doing any other activity during working hours. Similarly he does not waste time in knowing about employees during working hours and believes in setting goals and agenda during department meetings. He believes in punctuality and has a clear policy of briefing employees what needs to be done. However in case of conflicts in the organization, he personally gets involved and tries to come up with the solution to carry out work in a peaceful manner. Also he periodically tries to motivate his staff so that they can achieve goals easily. In terms of working habits, Mayers is reluctant in giving permission regarding problems that occur during work and the solutions of those problems. He believes in

Company law Coursework Example | Topics and Well Written Essays - 1750 words

Company law - Coursework Example Dissolution of a company can be voluntary or through winding up. Voluntary liquidation of a  company  occurs when the shareholders of a company come to a consensus,  pass  a resolution saying that they have agreed to  dissolve  the company. On the other hand, the court may  give  out an  order  for the winding up of a company commonly done at the behest of a creditor who has not been paid.  According to Ahmadu and Robert (425) global trends have led companies to be cautious in the way their operations  are halted. Question 1 Liquidation of any company entails the winding up of financial statements in order to  create  time  for effective dismantling of the structure of the company and  help  in  fairly  distributing the assets of the company to its creditors.  Liquidation provides the only  true  way of ending the activities and operations of a company because both the assets and  financial  structure  are evaluated  (Ahmadu and Rob ert, 471). The court order for compulsory winding up Zed Ltd provides both the company and creditors with transparency and accountability because an independent entity, the liquidator,  is given  the task of protecting the interests of the shareholders, directors, creditors, and members. Since the court has appointed a liquidator, it shows that the creditor had enough  proof  to show that Zed Ltd truly is not able to pay all its debts. In addition, the company has in the recent past had cash flow problems. Therefore, Zed Ltd is insolvent. In the case of Niger Merchants Co. v Copper (1877) 185 ChD 557n, Jessel MR proposed that pursuing a winding-up petition for a solvent company is an abuse of the court’s process (Hicks and Goo, 609). Other such cases include Mann v Goldstein, and the sentiments of Malins VC in Cadiz Waterworks Co. v Barnett (1874) LR 19 Eq 182. Zed Ltd is unable to pay its debts; hence the creditor can apply to the court for a petition for winding-up. Section 123 provides information that can be used to substantiate whether or not a company is unable to pay its debts. The companies act provides provisions that are to be followed during liquidation as asserted by OECD (246). Although Zed Ltd was not aware of the petition filed in court by one of their creditors, the law requires the company not to  accept  any deliveries of goods for which it has not prepared any payment procedures. Also, the company  is supposed  to maintain the current status of its creditors, but it should not improve or  make  worse the situation. Nonetheless, any improvement or worsening of the situation may  lead  the directors to incur personal liability or be liable for misfeasance (Debt UK, 2008). The company has to ensure that no assets fall into the hands of creditors  because  they may be available for set off. Zed Ltd was under pressure to  pay  up its outstanding bills and debts; it sold a spare machine for ?10,000 whose  i nitial  price  was ?9,000. Moreover, the company had donated a minibus to a charity in an  attempt  to promote the company’s image. However, Zed Ltd was not aware of the petition filed against it in court. The sale of the  spare  machine and the issuance of the minibus to  charity  involve  company assets. However, the minibus  was given  to charity on 15 October 2009; creditor cannot  challenge  this  move  because it had taken  place before the petition

BHE 415 - Community and Domestic Violence (Module 3-SLP) Essay

BHE 415 - Community and Domestic Violence (Module 3-SLP) - Essay Example In addition, it contains factors that affect violence against women and the characteristics of victims and committers of violence. The rationale for choosing the topic of violence against women is that the violence that is done against women is far more critical and harmful than violence against men. Men as physically more powerful exercise their power over women without considering the aftereffects that women have to face. They do violence against women because they think that women are inferior to them and they have full right of assault against them. Many researchers have worked on this issue and recommendations are also given for the improvement of resolution of this problem. The topic of violence against women needs to be looked at in depth in order to find whether any prospective steps are taken for its solution or not and also to analyze the problems faced by women because of being victimized. Macmillan and Kruttschnitt (2005) report in their study, â€Å"Patterns of Violence against Women: Risk Factors and Consequences† that National Violence against Women Survey (NVAWS) conducted a telephone survey from November 1995 to May 1996, which included 8000 women and 8005 men. The survey took women into much consideration because of their being much affected because of violence. According to the report, women face higher risk of violence from their partners as all the violence strategies such as stalking, sexual assault, kicking, choking, beating, slapping, pushing, hair pulling, hitting with objects and threatening by weapons, all were in higher ratios from the male partners (Macmillan and Kruttschnitt, 2005). Watts and Zimmerman (2002) inform that the ratio of women victimization has increased not lessened. From 1993 to 1999, 21 % women (Switzerland, 1994-1996), 29 % women (Canada, 1993), 16 % women (Cambodia, 1996), 34 % (Egypt, 1995-1996), 33 % (Zimbabwe, 1996), 40 % (India, 1999), 35 % (New

Introduction to Psychology Essay Example | Topics and Well Written Essays - 1000 words - 1

Introduction to Psychology - Essay Example Neurons have three structural classifications which are Dendrites, Cell body, and the Axon. The bushy Dendrite fibers are shaggy subdivisions of a neuron that receive information and conduct it towards the cell body. From there the axon fibers forward the information to other neurons or to muscles or glands. The axon has terminal fibers at its end and the message passes through these fibers from one neuron to next. After the information reaches the axon, it then moves down in the form of an electrical signal which is called action potential. Unlike the short dendrites, axons are sometimes very long projecting several feet throughout the body. When the electrical impulse reaches the end of an axon, the information is then transmitted across the synaptic gap to the dendrites of the neighboring neuron. Synapse or synaptic gap is the gap between axon terminal of one neuron and the dendrite and cell body of receiving neuron. Sometimes, the electrical signal can bridge the gap between the neurons instantaneously and continue along its path. Otherwise, neurotransmitters send the information from one neuron to the next. Neurotransmitters are chemical messengers that navigate the synaptic space between neurons. As the sending neuron releases the neurotransmitter, it then travels through the synapse and moves on to the receptor sites on the receiving neurons and thus it influences the neuron to produce a neural impulse. Each neuron in the Each neuron in the brain is itself a tiny gadget that has intricate functions. From hundred and thousands of other neurons, it receives signals on its dendrites and cell body. Some of these signals are excitatory, somewhat like pushing a neuron's accelerator. Other signals are inhibitory, more like pushing its break. A particular level of stimulation called the threshold is needed to activate a neural impulse. If the excitatory signals outvote the inhibitory signals and they are more than a minimum intensity, the collective signals give rise to an action potential. The action potential transmits down the axon, which branches into junctions with thousands of other neurons and with the body's muscles and glands. The release of neurotransmitters is activated when the action potential reaches the terminal branches of the axon. The neurotransmitter molecules take less than a second to cross the synaptic gap and attaching to receptor sited of receiving neurons. The neurotransmitter releases minute channels at the receiving site in an instant, allowing the electrically charged atoms to enter the receiving neuron and thus exciting or inhibiting its speediness to fire. Excess neurotransmitters are absorbed by the sending neuron in a procedure known as reuptake. Neurons have three structural and functional classifications. On a structural basis the neurons are classified as Multipolar neurons, Bipolar neurons and Unipolar neurons. Multipolar neurons have one axon and several dendrites. Brain and spinal cord neurons are generally multipolar neurons. Bipolar neurons have one axon and one dendrite. These neurons are mostly found the retina of the eye, the olfactory area and the inner ear. Neurons with just one process extending from the cell body are known as unipolar neurons. In that one process, one part acts as an axon and other part functions as a dendrite. On functional basis neurons are classified as Sensory, Motor, and inter Neurons. Sensory Neurons also called the efferent neurons takes impulses from the sense receptors in the skin, the sense organs and the large