Whitfield who was accused of contacting Dr. Brock for advice in the treatment for Anita admits that he “described generally the injuries of Plaintiff and the type of treatment Affiant was then giving the Plaintiff, in which Dr. Brock did indicate he thought the treatment to be correct.” It is important to note that Dr. Whitfield never stated the Plaintiff’s name, making him unaware of the patient who received the treatment. In support of Dr. Brock, Whitfield stated that Brock was never employed by him or the Plaintiff to provide care or treatment to the Plaintiff’s injuries. The exchange between Brock and Whitfield was asserted by the court that “mere discussion between professional people of hypothetical situations cannot be viewed as a basis for liability.”…
Abrams was found guilty of allowing his paralegal to use his license to give unlawful advice to clients. He was fined and suspended for one year by The Florida Bar. Suzanne’s actions were considered unethical under professional responsibility for paralegals. Simply because she did not have…
Jim and Mae Corn Jim Corn met his wife online after being introduced to her by her sister. Mae was not a natural United States citizen and of course would require certain steps in order to become a citizen. After a brief courtship, Jim went to visit Mae in her native home of Mongolia and brought her back to the U.S. with him on a travel visa to make the preparations for their wedding. After Jim and Mae were married here in the U.S. Jim made contact with an attorney who specialized in matters of immigration. After paying a sizeable fee to have the legal processes started Jim and Mae began to live their lives and wait for the paperwork to go through.…
The law holds laywers responsible for not only their behavior but the behavior at work of all their employees, assistants, representatives, and paralegals and volunteers. These rules that hold attorneys to the highest of accountability are outlined very clearly make no mistake in the Model Rules of Profesional Conduct in regards to UPL and ethics. If any attorney fails to uphold these rules, regulations and conduct they will be facing a variety of disciplinary actions taken that may include fines, plenalties, disbarment, suspension or any combination thereof. The courts hold attorneys to high standards and they require and expect attorneys will be on their toes to this issue of areas pertaining to them, their law firm pratices, and the staff entirely. The gavel will be brought down harder on the attorney even if their staff violates UPL.…
J.D.B’s attorney, argued that because his client was not informed of his rights, the information was illegally obtained and therefore be…
This exception is recognized as the “common knowledge” rule or exception. The common knowledge rule holds that expert testimony is not required if the subject matter of the misconduct is within, the common knowledge possessed by members of the public who lack medical training (King, 2007). The concept seems simple but this is not the case. Many cases and courts have found the nature of the concept challenging and struggled to establish a useful definition. It is also a struggle to develop a process for determining when the common knowledge rule is applicable (Bal, 2009).…
Facing DUI charges is incredibly stressful, but an experienced DUI attorney knows how to help clients every step of the way. If you need a DUI attorney in Lexington, KY, turn to John L. Tackett Attorney at Law. He knows what’s at stake when you’re facing criminal charges, and he is ready to help. Here are three questions to ask before choosing a DUI attorney: Do You Specialize In Criminal Defense?…
Supreme Court, in reviewing the standard set in Miranda, held that a “[l]awyer occupies a critical position in our legal system because of his unique ability to protect the Fifth Amendment rights of a client undergoing custodial interrogation. Because of this special ability of the lawyer to help the client preserve his Fifth Amendment rights once the client becomes enmeshed in the adversary process, the Court found that "the right to have counsel present at the interrogation is indispensable to the protection of the Fifth Amendment privilege under the system" established by the Court. Id. at 384 U. S. 469. “Moreover, the lawyer's presence helps guard against overreaching by the police and ensures that any statements actually obtained are accurately transcribed for presentation into evidence.” Id. at 384 U. S.…
During any criminal proceeding, the law can either help win the case or lose the case. Every case is unique, whether it is a murder case or a simple assault case. This is why clients need skilled, knowledgeable attorney 's so that they can receive fair trials without police and investigators introducing evidence which may be illegally seized during an arrest. The judge has the ultimate decision whether evidence should be excluded or not, so bringing forth the Constitutional Rights of one 's client is pertinent. Judge Doe is excluding evidence during trial yet the prosecution asked the judge for an Evidentiary Hearing so they can argue their case on why the evidence should be allowed.…
Ethical Dilemmas of Defense Attorneys Defense attorneys have to face the ethical dilemma every day of whether or not to defend their client as well as whether or not to maintain that lawyer-client privilege. The lawyer-client privilege provides a security blanket for the client. Under this privilege, the client can almost tell the lawyer just about anything in confidence and not have to worry about the possible fear of being judged or incriminating themselves. A defense attorney serves as a guide that you can basically tell all your deepest darkest secrets to. However, some of those secrets may not always be able to be kept confidential, so be careful about what secrets you share.…
QUESTIONS PRESENTED 1. Under New York Penal Law, false statements or failure to disclose material facts may result in denial of an application to the bar. William Gould admits to withholding information on his application for admission to the New York State Bar, and has no intention of remedying these omissions. Given that Mr. Gould has left important information from his bar application, is he likely to be admitted to practice law in the state of New York? 2.…
Working within the court system means that she gets subpoenaed quite often and this can often mean that breaks confidentiality. When you receive a subpoena we learned in our text that a “court order permits the release of confidential information but does not mandate its release. (Linde, 2004, page 94)” When dealing with confidentiality it is always best to use your judgment just because a client has confidentiality does not mean they have a free pass to do whatever they…
Confidentiality, Privacy, Privilege, Informed Consent a. Define the terms privacy, privilege, confidentiality, and informed consent. How do they differ from each other? Privacy, confidentiality, informed consent and privilege all differ from each other in some way. Privacy is the condition of being free from unauthorized intrusion, confidentiality is allowing people to know something on a need to know basis.…
Within the chapter, there were several topics that were presented but one that stood out to me was the ideal of countertransference. Countertransference is when a therapist transfers his or her negative emotions onto their client without knowing they are doing so (Callanan). The transferred emotions are typically inappropriate which consist of “highly defensive” acts due to conflicts in their own personal lives. It is important that a therapist sees a therapist of their own (Callanan). When a client presents an issue to a therapist and the therapist personalize it and for example, start feeling guilt (Callanan).…
The informed consent is like a contract that protects both the client and the therapist, it concerns the issues of confidentiality that is of special importance during our therapeutic work. Although psychologist Sean had knowledge that Will was a genius and had a wide range of knowledge, he should not assume that Will had knowledge about therapy and/or confidentiality issues. His failure of providing informed consent to the client and discuss it to make sure that the client understands his own rights violated the ACA code of ethics, as it stated in the code that “counselors have an obligation to review in writing and verbally with clients the rights and responsibilities of both counselors and clients” (American Counseling Association, 2014). In this case, Will is a client who had been mandated for counseling services, Sean as his therapist, should “explain what type of information and with whom that information is shared prior to the beginning of counseling” (American Counseling Association, 2014). Here, I recommend that in the future practice, therapists in this organization always provide clients with informed consent and thoroughly discuss it to make sure that clients fully understands their responsibilities and…