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Attorney Misconduct
Attorney misconduct is unethical or illegal conduct by an attorney. Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while neglecting to disclose prior law which might counter the argument, or having sex with a client. The advent of electronic record-keeping and "e-discovery" has also resulted in a record number of attorney sanctions for a range of abuses from failure to produce to the leaking of sealed documents. In a case highlighting such abuses, in 2007 plaintiffs in a pharmaceutical lawsuit were found to conspire with attorneys and journalists to publicize protected discovery documents defying a judge's protective order. Legal malpractice is a separate concept such as when an attorney fails to adequately, professionally ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conflict Of Interest
A conflict of interest (COI) is a situation in which a person or organization is involved in multiple interests, financial or otherwise, and serving one interest could involve working against another. Typically, this relates to situations in which the personal interest of an individual or organization might adversely affect a duty owed to make decisions for the benefit of a third party. An "interest" is a commitment, obligation, duty or goal associated with a particular social role or practice. By definition, a "conflict of interest" occurs if, within a particular decision-making context, an individual is subject to two coexisting interests that are in direct conflict with each other. Such a matter is of importance because under such circumstances the decision-making process can be disrupted or compromised in a manner that affects the integrity or the reliability of the outcomes. Typically, a conflict of interest arises when an individual finds themselves occupying two soc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Overbilling
Overbilling (sometimes spelled as over-billing) is the practice of charging more than is legally or ethically acceptable on an invoice or bill. Overview Contractors and professionals Overbilling in the medical industry can occur when doctors seek to overcharge the government or an insurance company for the actual services provided to their patients or by charging for services not provided. Overbilling in the legal industry can occur with both large institutional clients and smaller, individual companies or personal clients. Overbilling can be an issue in the consultancy and information technology industries as well. Stephen Northcutt, Cynthia Madden, and Cynthia Welti wrote that overbilling occurs more often within larger companies where there is less of a personal connection between employees or contractors and the firm being billed. Institutional overbilling Overbilling can occur when larger institutions or governments create errors in their calculations of how much various indiv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. D ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Malpractice
Legal malpractice is the term for negligence, breach of fiduciary duty, or breach of contract by a lawyer during the provision of legal services that causes harm to a client. Examples A common example of legal malpractice involves the lawyer's missing a deadline for filing a paper with the court or serving a paper on another party, where that error is fatal to the client's case or causes the client to spend more money to resolve the case than would otherwise have been required. For example, a lawyer may commit malpractice by: * After being retained to file a claim or lawsuit, failing to file a case before the statute of limitations expires. * Failing to respond to potentially dispositive motions filed by the opposing party. * Failing to timely file a notice of appeal. Malpractice may also occur as the result of a breach of the contract pursuant to which the client is represented by the attorney. United States Under U.S. law, in order to rise to an actionable level of negligence ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Bar Association
The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of academic standards for law schools, and the formulation of model ethical codes related to the legal profession. As of fiscal year 2017, the ABA had 194,000 dues-paying members, constituting approximately 14.4% of American attorneys. In 1979, half of all lawyers in the U.S. were members of the ABA. The organization's national headquarters are in Chicago, Illinois, and it also maintains a significant branch office in Washington, D.C. History The ABA was founded on August 21, 1878, in Saratoga Springs, New York, by 75 lawyers from 20 states and the District of Columbia. According to the ABA website: The purpose of the original organization, as set forth in its first constitution, was "the advancement of the science of jurisprudence, the pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bar Association
A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence. The word bar is derived from the old English/European custom of using a physical railing to separate the area in which court business is done from the viewing area for the general public. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both. In many Commonwealth jurisdictions, the bar association comprises lawyers who are qualified as barristers or advocates in particular, versus solicitors (see ''bar council''). Membership in bar associations may be mandatory or optional for practicing attorneys, depending on jurisdiction. Etymology The use of the term ''bar'' to mean "the whole body of lawyers, the legal profession" comes ultimately from English custom. In the early 16th century ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Industry Self-regulation
Industry self-regulation is the process whereby members of an industry, trade or sector of the economy monitor their own adherence to legal, ethical, or safety standards, rather than have an outside, independent agency such as a third party entity or governmental regulator monitor and enforce those standards. Self-regulation may ease compliance and ownership of standards, but it can also give rise to conflicts of interest. If any organization, such as a corporation or government bureaucracy, is asked to eliminate unethical behavior within their own group, it may be in their interest in the short run to eliminate the appearance of unethical behavior, rather than the behavior itself, by keeping any ethical breaches hidden, instead of exposing and correcting them. An exception occurs when the ethical breach is already known by the public. In that case, it could be in the group's interest to end the ethical problem to which the public has knowledge, but keep remaining breaches hidden. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bates V
Bates may refer to: Places * Bates, Arkansas, an unincorporated community * Bates, Illinois. an unincorporated community in Sangamon County * Bates, Michigan, a community in Grand Traverse County * Bates, New York, a hamlet in the town of Ellington in Chautauqua County * Bates, Oregon, unincorporated community in Grant County * Bates County, Missouri, county in Missouri * Bates Island, Biscoe Islands, Antarctica * Bates Island (Massachusetts), Island in Lake Chaubunagungamaug * Bates Point, in Victoria Land, Antarctica * Bates Pond (Carver, Massachusetts), Twenty-acre pond * Bates State Park, in Grant County, Oregon * Bates Township, Michigan, in Iron County People * Bates (surname), a common surname * Bates family The Bates family is an American political and banking family from Maine and Massachusetts whose members include a prominent member of the prestigious Hell Fire Club, the 26th U.S. Attorney General serving under Abraham Lincoln, the second Gover ..., a banki ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
False Advertising
False advertising is defined as the act of publishing, transmitting, or otherwise publicly circulating an advertisement containing a false claim, or statement, made intentionally (or recklessly) to promote the sale of property, goods, or services. A false advertisement can be classified as deceptive if the advertiser deliberately misleads the consumer, rather than making an unintentional mistake. A number of governments use regulations to limit false advertising. Types of deception False advertising can take one of two broad forms: an advertisement may be factually wrong, or intentionally misleading. Both types of false advertising may be presented in a number of ways. Photo manipulation Photo manipulation is a technique often used in the cosmetics field and for weight loss commercials to advertise false (or non-typical) results and give consumers a false impression of a product's capabilities. Photo manipulation can alter the audience's perception of a product's effect ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Bar Association Model Rules Of Professional Conduct
The American Bar Association's Model Rules of Professional Conduct (MRPC) are a set of rules and commentaries on the ethical and professional responsibilities of members of the legal profession in the United States. Although the MRPC generally is not binding law in and of itself, it is intended to be a ''model'' for state regulators of the legal profession (such as bar associations) to adopt, while leaving room for state-specific adaptations. All fifty states and the District of Columbia have adopted legal ethics rules based at least in part on the MRPC. In almost all U.S. jurisdictions, prospective attorneys seeking admission to a state bar are typically required to demonstrate knowledge of the MRPC by achieving a sufficiently high score on the Multistate Professional Responsibility Examination. Organization The MRPC is organized into eight major categories of rules (numbered 1 through 8), each of which contains up to 18 individual rules within, numbered using a decimal point ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Ethics
Legal ethics are principles of conduct that members of the legal profession are expected to observe in their practice. They are an outgrowth of the development of the legal profession itself. In the United States In the U.S., each state or territory has a code of professional conduct dictating rules of ethics. These may be adopted by the respective state legislatures and/or judicial systems. The American Bar Association has promulgated the Model Rules of Professional Conduct which, while formally only a recommendation by a private body, have been influential in many jurisdictions. The Model Rules address many topics which are found in state ethics rules, including the ''client-lawyer relationship'', duties of a lawyer as ''advocate'' in adversary proceedings, dealings ''with persons other than clients'', ''law firms and associations'', ''public service'', ''advertising'', and ''maintaining the integrity of the profession''. Respect of client confidences, candor toward the tribuna ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
