Misrepresentation Vs.

Decent Essays
Yes. If the advice that was given was to intentionally deceive the client and it has been established that there is an attorney–client relationship, then a fiduciary relationship must have existed that the bad advice caused the client to suffer a financial loss. In this case, “the law imposes a more demanding obligation to disclose information than if he was conducting a transaction with a stranger (Edwards, 6th ed. 2016).” Other elements that represent intentional misrepresentation: • Defendant makes a misrepresentation with intent of inducing plaintiff’s reliance. • Defendant knows the misrepresentation is false or acts with reckless indifference to truth or falsity of representation. • Plaintiff justifiably relies on misrepresentation. •

Related Documents

  • Improved Essays

    The Plaintiff alleges she was misled by false misrepresentations claims that she was improving in her abilities and that…

    • 346 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Under Rule 8.1, Chandler, was wrong by not disclosing his DUI to the bar. An individual for entering to the bar, or an attorney in connection with the admission to the bar application, shall not knowingly make an untrue statement of material fact, or fails to tell a fact necessary to correct a misapprehension known by the applicant to have arisen in the matter. He knowingly failed to respond to a lawful demand for information of admission or to the disciplinary authority. This rule does not require the disclosure of facts otherwise protected by Rule 1.6. This is a duty imposed by this Rule extends to persons seeking to enter the bar.…

    • 551 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    How Is Lying Justified

    • 1040 Words
    • 5 Pages

    June Hyung(Eric) Kim Mr. Shimazaki American Literature 9/22/17 The Line of Morality for Unethical Decisions The purpose of lying varies depending on the situation. Although people often utilize it to benefit themselves, it is also sometimes necessary for people’s lives.…

    • 1040 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Savitri Bhama

    • 470 Words
    • 2 Pages

    The Plaintiff, Savitri, filed a complaint that Rajendra negligently and intentionally inflicted emotional distress. She alleged that he used his psychiatric training in order to manipulate and brainwash the children into hating her. The defendant then made a motion for summary disposition, which the court granted. The court found the claim to be barred by res judicata. The plaintiff then claimed that by the court granting a summary of disposition was wrong, because her claim was based on relief and was not adjudicated by a court.…

    • 470 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    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.…

    • 3179 Words
    • 13 Pages
    Superior Essays
  • Improved Essays

    Defense Attorney Guilty

    • 626 Words
    • 3 Pages

    Part Two: A probable counter to my thesis would be to consider a case where a defense attorney is unsure if their client is guilty prior to accepting to represent them. They still have a belief that they could be, but they choose to defend them anyway. In the middle of the trial, the defender finds out horrific details of the crime and realizes the sheer magnitude of the evil their client has committed. His own moral obligations get called in to question by representing this man.…

    • 626 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Introduction The Indigenous people of Canada have been misrepresented in the media since the 20th Century. In core-relation to this misrepresentation, racism is a social determinant of health for Indigenous peoples. Stereotypes in the media continue to affect the health and well-being of Indigenous peoples by “impacting access to education, housing, food, security, and employment,” as well as “permeating societal systems and institutions.” (Allan & Smylie 2) As a result, Indigenous peoples are not given equal healthcare treatment in comparison to non-Indigenous Canadians.…

    • 1220 Words
    • 5 Pages
    Great Essays
  • Decent Essays

    Professionals ranging from architects to veterinary practitioners face ethical dilemmas quite often. There is no exception to this when it comes to lawyers either. However, ethical issues can usually be resolved when consulting guidelines that are put in place for professionals. For lawyers, these guidelines are put in place under the American Bar Association (ABA), and this serves as the ethical fundamentals of which they must abide by always. Issues often arise for lawyers when they have reason to believe that their client is expressing dishonesty or being deceiving.…

    • 298 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Hello Professor Rose and Fellow Blackboard Students, We learned from Lau and Johnson (2014) text “fraud is closely related concept (misrepresentation), and it simply means that one party has used deception to acquire money or property (p. 125).” In this Blackboard scenario, in my opinion, I feel that the car dealer misrepresented the car’s condition to the young buyer. In this week’s lesson, we learned about fraud and misrepresentation. Let’s analysis the four questions for the discussion. Do you believe that it is ethically correct for a business to sell a product that is defective and not be willing to provide a refund?…

    • 527 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Examples Of False Claims

    • 207 Words
    • 1 Pages

    A false claim is when a person knowingly presents a fraudulent claim for payment. Deliberately billing for services not performed. Misrepresenting services rendered (Upcoding or inappropriate) and misrepresenting the nature of a patient’s condition. Billing single items when they are supposed to be part of a group. False claims include, DRG, PPS, Medicare kickbacks, outpatient PPS, Stark law violations (limitation on certain physician referrals), DME fraud and DRG fraud.…

    • 207 Words
    • 1 Pages
    Improved Essays
  • Decent Essays

    What Is Deception?

    • 327 Words
    • 2 Pages

    Background of the Research Political campaign has a complex problem, such as black campaign, or negative campaign. The purpose of black campaign to emanate from a source other than the true source. In the modern era, through by technology are developing rapidly that used to spread slander that can not be verified through the black campaign knock the opponent by using negative rumors unfounded, through the word of mouth, can be more sophisticated with the use of electronic and media as a medium. (Ruslan:2000) Black campaign can be an open attack.…

    • 327 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Deception plays a key and controversial role in the ethics of psychological research. In psychology, deception occurs either when information is withheld from participants (omission) or when participants are intentionally misinformed about an aspect of the research (commission). This essay will explore whether participants in psychological experiments should ever be deceived regarding the true nature of the experiment. This will be analysed by discussing the arguments for and against deception using some controversial case studies in research. Non deceptive methods of research do not always allow researchers to explore true findings.…

    • 931 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    The legal aid system was introduced under the Legal Aid and Advice Act 1949 after the World War 2 which aim as explained by the government was “ To provide legal advice for those of slender means and resource, so that no one will be financially unable to prosecute a just and reasonable claim or defend a legal right and allow solicitors and counsel to remunerated.” The Legal Services Commission runs the legal aid scheme in England and Wales which was established from AJA 1999. Since the implementation of the Access to Justice Act 1999 which was designed to enable the implementation of a reformed scheme to meet the governments objective to promote and develop legal services that can be delivered within a controlled budget and targeted according to need, there was another 2 scheme was introduced , The Legal Services(for funding civil cases which are still allowed aid by the state) and the Criminal Defense Services(for criminal legal aid).…

    • 1768 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    Honesty Vs Truth

    • 708 Words
    • 3 Pages

    Honesty is a valued moral character in many ethnic and cultures, in the same way that deception is frowned upon, or even condemned in several situations. However, everybody must have at least once found themselves in a circumstance where telling the truth is more damaging than lying. Jeff Hancock stated, “But [butler lies] are very special. They use ambiguity that comes from using technology. You don 't know where I am or what I 'm doing or who I 'm with.…

    • 708 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Why Lying Is Wrong

    • 413 Words
    • 2 Pages

    Is lying really wrong? Yes, it is. Lying is most of the time very wrong, because you lose trust in people you are close to. Who lies the most? Teens.…

    • 413 Words
    • 2 Pages
    Improved Essays