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Duty To Report Misconduct
The duty to report misconduct is one of the ethical duties imposed on attorneys in the United States by the rules governing professional responsibility. With certain exceptions, an attorney who becomes aware that either a fellow attorney or a judge has committed an act in violation of the rules of ethical conduct must report that violation. Failure to do so subjects the attorney failing to make the report to discipline. The duty extends only to actual knowledge possessed by an attorney. An attorney who has a mere suspicion of misconduct is not required to report that suspicion, nor is the attorney required to conduct any sort of investigation to confirm or dispel that suspicion. The conduct at issue must rise to the level of misconduct under the rules of professional responsibility. Thus, an attorney who witnesses another attorney become Substance intoxication, intoxicated, engage in adultery, or Gambling, gamble away a large sum of money is under no duty to report these acts becaus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Professional Responsibility
Professional responsibility is a set of duties within the concept of professional ethics for those who exercise a unique set of knowledge and skill as professionals. Professional responsibility applies to those professionals making judgments, applying their unique skills, and reaching informed decisions for, or on behalf, of others, as professionals. Professionals must be seen to exercise due care and responsibility in their areas of specialisation – known as professions. What makes professionals unique, is that the general public would not ordinarily be expected know in detail the skills and knowledge of a professions independently. In a modern context, professional responsibility encompasses an array of the personal, corporate, and humanitarian standards of behaviour, as expected by clients, fellow professionals, and professional bodies. Origins and History Professional responsibility historically applied to secularly taught professions including medicine, law, and di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Substance Intoxication
Substance intoxication is a transient condition of altered consciousness and behavior associated with recent use of a substance. It is often maladaptive and impairing, but reversible. If the symptoms are severe, the term "substance intoxication delirium" may be used. Substance intoxication may often accompany a substance use disorder (SUD); if persistent substance-related problems exist, SUD is the preferred diagnosis. The term "intoxicated", used by laymen, most often refers to alcohol. Classification The ICD-10 ''Mental and Behavioural Disorders due to psychoactive substance use'' shows: *F10. alcohol *F11. opioids *F12. cannabinoids *F13. sedatives and hypnotics *F14. cocaine *F15. caffeine *F16. hallucinogens *F17. tobacco *F18. volatile solvent *F19. multiple drug use and use of other psychoactive substances Caffeine The discussion over whether the coffee (caffeine) “buzz” counted as intoxication or not was hotly debated during the early to mid 16th century. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adultery
Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and is similar in Christianity, Judaism and Islam. Adultery is viewed by many jurisdictions as offensive to public morals, undermining the marriage relationship. Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation, or torture. Such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century. In countries where adultery is still a criminal offense, punishments range from fines to caning and even capital punishment. Since the 20th century, criminal laws against adultery have become controversi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gambling
Gambling (also known as betting or gaming) is the wagering of something of value ("the stakes") on a random event with the intent of winning something else of value, where instances of strategy are discounted. Gambling thus requires three elements to be present: consideration (an amount wagered), risk (chance), and a prize. The outcome of the wager is often immediate, such as a single roll of dice, a spin of a roulette wheel, or a horse crossing the finish line, but longer time frames are also common, allowing wagers on the outcome of a future sports contest or even an entire sports season. The term "gaming" in this context typically refers to instances in which the activity has been specifically permitted by law. The two words are not mutually exclusive; ''i.e.'', a "gaming" company offers (legal) "gambling" activities to the public and may be regulated by one of many gaming control boards, for example, the Nevada Gaming Control Board. However, this distinction is not u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subornation Of Perjury
In United States law, American law, Scots law, and under the laws of some English-speaking Commonwealth of Nations, Commonwealth nations, subornation of perjury is the crime of persuading or permitting a person to commit perjury, which is the swearing of a false oath to tell the truth in a legal proceeding, whether spoken or written. U.S. Law In American federal law, Title provides: The term ''subornation of perjury'' further describes the circumstance wherein an lawyer, attorney at law causes a client to lie under oath or, allows another party to lie under oath. In California law, per the state bar code, the subornation of perjury constitutes an act of "moral turpitude" on the part of the attorney, and thus, is cause for their disbarment, or for the suspension of their license to practice law. In legal practice As a crime, it has been defined as "persuading another to commit perjury." But "suborn" is more broadly defined. Amongst three definitions: to induce a person to c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bribery
Bribery is the Offer and acceptance, offering, Gift, giving, Offer and acceptance, receiving, or Solicitation, soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With regard to governmental operations, essentially, bribery is "Corrupt solicitation, acceptance, or transfer of value in exchange for official action." Gifts of money or other items of value which are otherwise available to everyone on an equivalent basis, and not for dishonest purposes, is not bribery. Offering a discount or a refund to all purchasers is a legal rebate (marketing), rebate and is not bribery. For example, it is legal for an employee of a Public Utilities Commission involved in electric rate regulation to accept a rebate on electric service that reduces their cost for electricity, when the rebate is available to other residential electric customers. However, giving a discount specifically to that employee to influence them to loo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Confidentiality
In common law jurisdictions, the duty of confidentiality obliges solicitors (or attorneys) to respect the confidentiality of their clients' affairs. Information that solicitors obtain about their clients' affairs may be confidential, and must not be used for the benefit of persons not authorized by the client. Confidentiality is a prerequisite for legal professional privilege to hold. The duty and its source The lawyer-client relationship has historically been characterised as one of confidence. This duty also constitutes part of the broader foundation for lawyer's fiduciary duties to their clients. Rationales for the duty The maintenance of full and frank disclosure between lawyers and their clients is the main justification for the duty of confidentiality. The basis for this rationale is utilitarianism, in that it works to promote the work of solicitors, who are officers of the court. It allows clients to freely discuss intimate details without fear that such information ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Substance Abuse Program
Drug rehabilitation is the process of medical or psychotherapeutic treatment for dependency on psychoactive substances such as alcohol, prescription drugs, and street drugs such as cannabis, cocaine, heroin or amphetamines. The general intent is to enable the patient to confront substance dependence, if present, and stop substance misuse to avoid the psychological, legal, financial, social, and physical consequences that can be caused. Treatment includes medication for depression or other disorders, counseling by experts and sharing of experience with other addicts. Psychological dependency Psychological dependency is addressed in many drug rehabilitation programs by attempting to teach the person new methods of interacting in a drug-free environment. In particular, patients are generally encouraged, or possibly even required, to not associate with peers who still use the addictive substance. Twelve-step programs encourage addicts not only to stop using alcohol or other ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mandated Reporter
In many parts of the western world, a mandated reporter is a person who has regular contact with vulnerable people and is therefore legally required to ensure a report is made when abuse is observed or suspected. Specific details vary across jurisdictions—the abuse that must be reported may include neglect, or financial, physical, sexual, or other types of abuse. Mandated reporters may include paid or unpaid people who have assumed full or intermittent responsibility for the care of a child, dependent adult, or senior citizen. History In 1962, United States doctors C. Henry Kempe and Brandt Steele published "The Battered Child Syndrome", which helped doctors identify child abuse, its effects, and the need to report serious physical abuse to legal authorities. Its publication changed the prevalent views in the United States, where child abuse was previously seen as uncommon, and not a regular issue. In 1974, the United States Congress passed the Child Abuse Prevention and Treatm ... [...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] |
Misconduct
Misconduct is wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts. It is an act which is forbidden or a failure to do that which is required. Misconduct may involve harm to another person's health or well-being. Misconduct is of particular importance in professional settings (e.g. lawyers, doctors, military personnel), in the workplace and various institutions (e.g. schools, prisons). Two categories of misconduct are sexual misconduct and official misconduct. In connection with school discipline, "misconduct" is generally understood to be student behavior that is unacceptable to school officials but does not violate criminal statutes, including absenteeism, tardiness, bullying, and inappropriate language. Misconduct in the workplace generally falls under two categories. Minor misconduct is seen as unacceptable but is not a criminal offense (e.g. being late, faking qualifications). ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
