explain how having the representation of an attorney during the intake process can be harmful.

by Edna Schimmel II 10 min read

What risks are involved when a lawyer simultaneously represents two clients on the same side of litigation?

[11] When lawyers representing different clients in the same matter or in substantially related matters are closely related by blood or marriage, there may be a significant risk that client confidences will be revealed and that the lawyer's family relationship will interfere with both loyalty and independent ...

What are some of the important things that an attorney should do when first considering representation of a client?

In order to determine whether an attorney may represent a potential new client or an existing client in a new matter, the attorney must (1) identify the client; (2) determine whether a conflict exists; (3) decide if representation could be undertaken despite the conflict; and, (4) get consent from all clients involved ...Jan 31, 2008

Can you as a lawyer be the counsel of two companies and then choose to represent one of them against the other in the court?

Your lawyer should not act for you or your partner in those circumstances. Lawyers are not able to represent more than one client in the same legal matter unless they comply with Rule 12 of the Rules.

What may result when a prospective client divulges confidential information during a consultation with an attorney for the purpose of retaining an attorney?

If the lawyer reveals or uses such confidential information, he may be sued for breach of fiduciary duty.

How do you maintain the good relationship between the attorney and the client?

Here are a few simple rules to follow for maintaining positive client relationships:#1 Treat each client as if they are your only client. ... #2 Talk about goals. ... #3 Take an interest in a client as a person, not just a case. ... #4 Be prepared. ... #5 Keep in touch. ... #6 Meet deadlines. ... #7 Encourage honesty. ... #8 Be on their side.Feb 1, 2018

What is the attorney-client relationship?

The establishment of the attorney-client relationship involves two elements: a person seeks advice or assistance from an attorney; and the attorney appears to give, agrees to give or gives the advice or assistance.

Should a lawyer communicate with another party whom the lawyer knows is represented by counsel?

California Rule of Professional Conduct 2-100(A) prohibits a lawyer from communicating about a matter with a party known to be represented by a lawyer without the prior consent of that lawyer.Sep 26, 2016

What does it mean to be represented by counsel?

This means that the lawyer has actual knowledge of the fact of the representation; but such actual knowledge may be inferred from the circumstances.

Can a lawyer represent multiple clients?

Lawyers generally should not represent more than one client in the same legal matter. ... The lawyer or law practice may still represent one party provided their duty of confidentiality is not put at risk and the other party has given their informed consent to the new arrangements.

Does an attorney who meets with a prospective client owe any duty to safeguard information revealed by the prospective client in the meeting?

Under those circumstances, paragraph (a) prohibits disclosure unless the client or former client gives informed consent. A lawyer's fiduciary duty to the lawyer's firm may also govern a lawyer's conduct when exploring an association with another firm and is beyond the scope of these Rules.

Does attorney-client privilege extend to prospective clients?

In general, as long as the prospective client is seeking legal advice or representation and reasonably believes the communication will be confidential, the consultation is privileged. This is so even if the would-be client never pays or hires the attorney.

Why is the attorney-client privilege important?

It prevents a lawyer from being compelled to testify against his/her client. The purpose underlying this privilege is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without fear that the information will be revealed to others.

What are the symptoms of avoidance?

Avoidance symptoms include: Staying away from places, events, or objects that are reminders of the traumatic experience. Avoiding thoughts or feelings related to the traumatic event. Things that remind a person of the traumatic event can trigger avoidance symptoms.

What are the symptoms of traumatic events?

Negative thoughts about oneself or the world. Distorted feelings like guilt or blame. Loss of interest in enjoyable activities. Cognition and mood symptoms can begin or worsen after the traumatic event, but are not due to injury or substance use.

What does it mean to be scared of something?

Feeling horror, helplessness, or extreme fear. Having little or no social support after the event. Dealing with extra stress after the event, such as loss of a loved one, pain and injury, or loss of a job or home. Having a history of mental illness or substance abuse.

How long does it take to recover from PTSD?

Some people recover within 6 months, while others have symptoms that last much longer. In some people, the condition becomes chronic. A doctor who has experience helping people with mental illnesses, such as a psychiatrist or psychologist, can diagnose PTSD.

What is the National Center for PTSD?

National Center for PTSD: Part of the U.S. Department of Veterans Affairs, this website has targeted information for anyone interested in PTSD (including veterans, family, and friends) and for professional researchers and health care providers. The site also offers videos and information about an online app called PTSD Coach.

What is PTSD in psychology?

Overview. Post-traumatic stress disorder (PTSD) is a disorder that develops in some people who have experienced a shocking, scary, or dangerous event. It is natural to feel afraid during and after a traumatic situation. Fear triggers many split-second changes in the body to help defend against danger or to avoid it.

How to get rid of a symtom?

Break up large tasks into small ones, set some priorities, and do what you can as you can. Try to spend time with other people, and confide in a trusted friend or relative. Tell others about things that may trigger symptoms. Expect your symptoms to improve gradually, not immediately.

Why is affective events theory applied to mindfulness?

Affective events theory has been applied to mindfulness in the workplace by suggesting that mindfulness may be positively related to job satisfaction , because mindfulness facilitates more adaptive appraisals of work stressors (Hülsheger et al., 2013).

What is search inside yourself?

A group of mindfulness, neuroscience and emotional intelligence experts came up with an internal course for users of Google (SIYLI, n.d.). However, there was so much interest from outside Google that the S.I.Y. Leadership Institute (SIYLI) was formed in 2012 as an independent non-profit organization.

What are the benefits of mindfulness in the workplace?

A benefit of mindfulness in the workplace is that it promotes resiliency. Glomb and colleagues (2012) nominate two processes associated with mindfulness as being likely to foster resilience : affective regulation and persistence.

How does mindfulness affect work?

Speaking very generally, there are some mindfulness-based processes that are thought to affect employee performance and well-being. These include response flexibility, decreased rumination, empathy, affect regulations, increased self-determination and persistence, improved working memory and more accurate affective forecasting (Glomb, Duffy, Bono, & Yang, 2012). Benefits of mindfulness in the workplace also include improvements in task commitment, and enjoyment of work (Hyland et al., 2015). Let’s have a look at some of the work-related benefits of mindfulness in some more detail…

When is the 5th Mindful Leadership Summit?

The 5th Annual Mindful Leadership Summit took place from November 1 – 4 in 2018 in Washington DC. The Mindful Leadership Summit is the world’s largest annual gathering which is focused on advancing mindfulness and compassion in the workplace (Mindful Leader, n.d.).

Why is mindfulness important?

Another reason why mindfulness is important is because it can help combat and manage employee stress (Hyland et al., 2015). Chronic stress is a widespread problem in society, perhaps most especially at work.

What is mindful leadership?

Mindful leadership involves a leader harnessing the power of mindfulness in directing their staff. Mindful leadership can result in widespread transformation in the work arena. It sees a leader having an awareness that their role as leader is to serve others (Mindful Leader, n.d.).

What is the Improver clamp?

It’s a new design, fully automatic. The clamp severs both the testicular cords at the same time and there’s a microprocessor to get the pressure and the duration right. It doesn’t depend on the skill of the operator at all.”

Who is Dinah Allaway?

“Don’t you dare.” Dinah Allaway, who lived in the same building as us, was a nursing sister. She and Jenny had become friends. Her daughter and ours were at school together and that was how we’d come to know her.

What was Melaney's present?

I remember it all started on Melaney’s 28th birthday. In the morning I gave her her present, a sapphire ring. In the afternoon we took our two children to the zoo which, at 6 and 4 they loved, and in the evening we took ourselves to the theatre to see a musical. That is a rare event in our lives and we both thoroughly enjoyed the show.

How to be analytical?

An important part of being analytical involves being alert and remaining stimulated. Try joining a book club or picking up more books. Reading on a more frequent basis will help keep your mind running, force your brain to think in new ways and encourage you to view ideas differently as it pertains to the various characters in your novel or reading material.

Why is being analytical important?

Because being analytical provides us with more in-depth information about a topic and helps us make more rational decisions, having this skill can be beneficial in the workplace. Employers want to know that you’re not only able to gather information, but articulate it and solve complex problems.

Why is math important?

Mathematics involves solving an equation step-by-step to reach an answer. Because all forms of mathematics are highly logical, sharpening your mathematical skills is a great way to refine your analytical skills. Practice various forms of math problems that will help build your logic and problem-solving capabilities.

What is analytical skills?

Analytical skills refer to the ability to research, collect and analyze information to form more complex ideas about it. Using analytical skills is a great way to develop solutions for complex problems and interpret data to gain more knowledge about the subject.

Why is it important to work in a group setting?

Working in a group setting allows you to come together with others to discuss ideas, problems and various situations. Understanding how others process information and interpret the world will help guide your own worldview and develop your own analytical skills.

How to improve cognitive skills?

Take an exercise class. Exercising more frequently can help improve your cognitive abilities. Regarding exercise classes, memorizing the next steps in a workout routine is a great way to help develop your analytical skills.

Why is it important to keep a journal?

A large part of analyzing involves trial and error. Keeping a journal to remind you of your past is a great way to hone your thinking and analytical skills in considering your future.

What is information disclosure?

... Information disclosure is a commonly studied outcome variable within privacy research [30,68, 100, 101] as users' privacy decisions typically involve choosing to withhold or disclose one or more types of personal information. Examples of information disclosure behaviors studied in past privacy research have ranged from whether to share one's financial information to complete an e-commerce transaction [29,30], one's health data to benefit from a health-app [42] or online health communities [103], one's location to leverage location-based services [100], or one's personal information to use social networking sites [58]. ...

How does e-commerce affect privacy?

The global nature of e-commerce is complicating privacy issues because perceptions of privacy, trust, risk, and fair information practices vary across cultures, and differences in national regulation create challenges for global information management strategies. Despite the spike in international regulatory attention devoted to privacy issues and the tensions associated with them, there has been very little research on the relationship between information privacy concerns and consumers' regulatory preferences, and even rarer is research that incorporates cultural values into a framework that includes privacy concerns and regulation. This study examines privacy concerns, a full complement of cultural values, trust, risk, and regulation at the individual level in a cohesive manner. Relying on a dataset of consumers gathered in the United States and India, the authors test a model that incorporates these constructs as well as trust and risk beliefs. The model explains 48% of the variance in consumers' regulatory preferences, and all but one of the hypotheses find statistical support.

What is process mining?

One of the most common objectives of process mining is the automated business process discovery. There are many challenges in the business process discovery, such as spaghetti models, same-name activities, and discovering loop structures. The researchers have presented a variety of methods that focus on one or more challenges. Due to the importance of commercial systems and the diversity of flows in them, in this research, the process mining problem in the context of social commerce systems is studied. Moreover, the research objective is to present a new method for commercial process discovery that has not been considered before. The proposed method is based on network analysis methods, multi-layered networks (networks with heterogeneous relations), and attributed networks. The results obtained from the proposed method are more precise and more comfortable to understand than the previous ones.

How does FRP affect Chinese people?

As mobile payment technology is at a nascent stage, the use of facial recognition payment (FRP) services is gradually penetrating the lives of Chinese people. Although the FRP system may have advantages over other payment technologies, a civil lawsuit over refusing to submit facial information and a series of illegal activities related to selling facial information have raised the public's privacy concerns, which might further engender Chinese users' resistance towards FRP. Based on privacy calculus theory and innovation resistance theory, this study builds a research model of FRP and examines it by using a cross-sectional study with 1200 Chinese users. The findings demonstrate that the perceived effectiveness of privacy policy has significant relationships with privacy control, perceived privacy risk, perceived benefits, and resistance. Both privacy control and perceived privacy risk are significantly related to privacy concerns. There is also a significant relationship between the perceived privacy risk and resistance to FRP. Meanwhile, privacy concerns positively affect user resistance, while perceived benefits negatively affect user resistance. In contrast to previous research, the perceived privacy risk has a positive impact on the perceived benefits. This study offers cutting-edge contributions to both academia and industry.

What is odd even driving policy?

This policy aimed to not only reduce personal vehicles on the road , but also motivate commuters toward sustainable transportation. In this paper, we examine public perception toward odd-even restrictive driving and its acceptance based on value-belief-norm (VBN) theory. Further, this study investigates the role of trust in local government in relation to the acceptance of the restrictive driving transport policy. Survey data from 317 responses from the Delhi National Capital Region (NCR) was analyzed with partial least squares structural equation modeling, and results indicate that personal norms, policy effectiveness, and policy complexity significantly influence policy acceptance. The findings suggest that trust in local government reduces the inverse relationship between policy complexity and acceptance. The results emerged as possible insights for policymakers in the effective design of restrictive driving policies and sustainable transportation.

What is mobile location based services?

Mobile location-based services (LBS) represent a promising opportunity for inner-city retailers and service providers to react to changes in customer behavior due to digitalization. To gain competitive advantages, mobile LBS must offer customers high value-in-use and help them reach their shopping goals during their inner-city visits. Shopping goals differ depending on shopping patterns; thus, these patterns may influence customers’ evaluation of mobile LBS during inner-city visits. Since value-in-use is not only a context-specific but also a temporally dynamic construct, customers’ user experience must also be considered. Therefore, this study investigates the influence of customers’ shopping patterns and current user experience on their evaluation of mobile LBS’ value-in-use during inner-city visits. Moreover, the impacts of the offers transmitted through mobile LBS on the value-in-use are examined. Using field test data, we empirically verify a conceptualization of mobile LBS and determine a comprehensive view of mobile LBS’ value-in-use during shopping trips with different shopping patterns and user experience within a mixed-method analysis. Our results identify both utilitarian and hedonic value-in-use components as being empirically relevant for high value-in-use evaluations regarding mobile LBS in inner cities. Furthermore, the relevance of monetary benefits, fun benefits, and irritation on value-in-use vary according to customers’ user experience. A customer’s shopping pattern affects the value-in-use of mobile LBS; however, this effect is not as differentiated as expected. Moreover, the number of relevant monetary and non-monetary offers transmitted during an inner-city visit are shown to represent a potential, albeit limited, management instrument for affecting mobile LBS’ value-in-use.

What is a coherent vision?

A coherent vision requires centralized design. FOSS (free and open-source software) development can work well when design problems can be distributed to independent teams who self-organize around separate aspects of a bigger challenge.

Why are open source tools useful?

Many open-source tools are available as a side effect of their developers’ needs or interests. Tools are often created to solve a developer’s problem and are then made available to others, or researchers apply for grants to explore their own area of research and code is made available as part of academic publication. Figuring out how other people want to use tools and creating workflows that are broadly useful is one of those long-tail development problems that open source typically leaves to the user to solve.

What is core team in open source?

The core team for open-source language design is usually very small and therefore tends to focus on a minimal set of low-level language constructs to support the language’s key concepts. Higher-level concepts are then delegated to the competing developers of libraries, who design independently of each other or the core language team.

Is salary a good motivation?

Salaries are a good motivation. When producing good output is no longer personally rewarding, open-source projects that rely on volunteers tend to stall. A successful commercial model can provide the sustained and steady funding needed to make sure that the right platform today is still the right platform tomorrow.

What is FOSS development?

FOSS development tends to react to immediate user needs—specific functionality, existing workflows or emulation of existing closed-source software. Major innovations require anticipating needs that users do not know they have and addressing them with solutions that are not constrained by an individual’s experience.

Why is Wolfram important?

Unifying different fields takes more than this. Because Wolfram is large and diverse enough to bring together people from many different fields, it can take on the centralized design challenge of finding the common tasks, workflows and computations of those different fields.

What is Wolfram trying to unify?

Computation isn’t the only thing that Wolfram is trying to unify. To create productive tools, it is necessary to unify the representation of disparate elements involved in a computational workflow: many types of rich data, documents, interactivity, visualizations, programs, deployments and more.

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