Posts Tagged ‘social’

Legal Insurance Germany

legal insurance germany

DUI in Germany–transfer to VA?

DUI traffic stop by German police. Referral to Military Police. Non-judicial punishment and revocation of US Army Europe driver’s license. No legal action, defense, conviction, etc. Provost Marshal is supposed to inform Virginia. Almost 3 months ago. What, if anything, might Virginia do to the license, and how might insurance (USAA) respond. Please, no nongermane, anti-drunk-driving answers.

There are always two aspects to a dui: the criminal aspect handled through the courts, and the administrative aspect handled through the state’s licensing agency. You have remedies of due process for both, but in my opinion it gets a lot more complicated dealing with a transportation department.

The first thing you should probably do is go online and order a copy of your driving history through the DOT website. If nothing shows up there, and your license is inforce, you might be in the clear.

Since there was never a conviction in a court of law, I would think it might be difficult for them restrict your drivers license, because they have no way of ensuring your due process rights were preserved. Every state has a statute recogizing dui convictions from other states, and they will restrict your license accordingly. But even a traffic ticket must result in conviction before it can go against your license. Absent conviction, I would think you have a very strong argument that your license in VA can’t be suspended.

Group Litigation Order Law Society

group litigation order law society

The loneliest Analyst If a Florida bank analyst Richard Bove sued in X. leave for his criticism of the financial health of his colleagues and his employer him.

Litigation Support Analyst

litigation support analyst
Leap Lays out Growth Plans for Prepaid Wireless Business
SAN DIEGO—-Leap Wireless International, Inc. , a leading provider of innovative and value-driven wireless communications services, today made a series of announcements at its Analyst Day in New York designed to significantly advance its business model as a national value leader and capitalize on the rapid growth of prepaid wireless services.
An Interview With Ray Miles On The History Of Business Appraisal and IBA.m4v

Damon, Topham and Company of Marshfield Announce Financial Planning Services

Catering to individuals and businesses on the South Shore for more than 20 years, Damon, Topham & Company has further diversified their services and created DTC Financial Associates, LLC.

DTC Financial Associates, LLC provides personal financial planning which includes retirement, review of life and health insurance as well as college education financing. They also provide financial planning for small business owners, which includes review of health insurance benefits for employees; wealth management; succession planning and exit strategy consultation.

According to Michael Damon, CPA, “We’re often approached by our accounting and tax clients inquiring about financial planning services. As we are well aware of our clients’ financial and tax status, we are in the position to provide qualified financial planning counsel.â€

Over the years, Damon, Topham & Company has evolved into a full service multi-disciplined firm. In addition to comprehensive accounting, audit and tax services, the company’s division of Business Development Partners assists business owners in identifying quantifiable results which may be achieved such as increased sales and market share and reduction of overhead and operating costs.

Damon, Topham & Company’s division of Advisory Services provides such services as litigation support; computer systems analysis; executive search and recruitment; management advisory services and bank and venture financing services.

To learn more about Damon, Topham & Company, visit their website at

www.damtopcpa.com

About Damon, Topham & Company

Damon, Topham & Company, LLC, Certified Public Accountants and Business Development Advisors. Utilize the “Damon, Topham Advantageâ€- go beyond the traditional services of auditing, accounting and taxation. Damon, Topham & Company provides business valuation, estate, individual and corporate tax planning and savings, financial planning, consulting and financing solutions for you, your business and your family.

Damon, Topham & Company, LLC, is located just off Route 139, 475 School St., Suite 8, Marshfield, MA. For a complimentary evaluation, please contact John T. Topham at (781) 837-1993 or jttopham@damtopcpa.com. Or visit the company’s website at www.damtopcpa.com.

Capital Analysts Incorporated, a Registered Broker Dealer and a Registered Investment Advisor, Member FINRA/SIPC. DTC Financial Associates, LLC and CAI are independent non-affiliated entities.

West Legal Ed

west legal ed

The Nigeria’s Interventionist Role In Liberian Crisis: An Examination Of Rpi Model

The Nigeria’s Interventionist Role in Liberian Crisis: An Examination of RPI Model

  Introduction To lead a multi–ethnic society while committed to democratic principles or norms is an uphill task. This is because incorporating several ethnic groups into a single political fold means bringing together the basic problem of ethnic conflict as well. Group loyalties dividing a multi – ethnic society can, and do, undermine a common identity, national culture or consensus on democratic values. Any government that could not effectively manage, accommodate and process the divergent, uncoordinated demands placed on it by the environment of conflicting ethnic strata with desired and expected output released to the environment, will be tenaciously experiencing call, clamour and struggle for replacement of existing structures which seem to be conflicting to the demands of the environment.

 

This perpetual clamour for change is a function of dissatisfaction experienced in the area of distribution of resources. It has been carefully noted that inaccessibility to, and uneven distribution of, scarce values is the master-cause of any conflict in any society, meagrely developed, developing or developed societies.

 

The regularity of conflicts in Africa has become one of the distinct characteristics of the continent. The conflicts are usually in the forms of inter-state and intra-state wars. While inter-state wars are usually aroused by border claims due to the presence of economic resources in the disputed areas; ideological differences; and leadership misperception, intra-state instability is often ignited by ethnic rivalry prompted by ethnic or sectional marginalization and exclusion from political power, Osaghae believes that the latter factors are better expressed as intra-elite class rivalry (1996; 98-102).

 

The implications of conflict situations in the region include genocide, wanton destruction of personal assets, infrastructures and refugee crisis. The level of destruction of conflicts in Liberia made external intervention a matter of humanitarian imperative. Since Liberia was undemocratic, it therefore lacked constitutional in–built mechanisms for conflict management. This necessitated external military involvement in resolving the crisis.

 

Nigeria’s interventionist role in the Liberian civil war was ideologically understandable within the ECOWAS organisational framework of the standing protocol relating to Mutual Assistance on Defence and in pursuance of her defined foreign policy demands. To understand Nigeria’s external involvement demands a critical analysis of the broad objectives of Nigerian foreign policy.

 

Objectives of Nigeria Foreign Policy

Foreign policy according to Reynolds is the “range of actions of government of a state in its relation with other bodies similarly acting on the stage supposedly in order to advance the nation’s interest” (1976). Evaluating this definition, it could be deduced that the foreign policy of a state involves not only interactions with other states but also relations with international non-state bodies, both government organizations and non-governmental organizations (NGOS). Rosenau sees foreign policy as “the authoritative actions which governments take or are committed to take, in order to preserve the desirable aspects of the international environment or alter its undesirable aspects” (1974:6). Kolawole (1997) also lends his voice when he insists that “a nation’s foreign policy orientation is informed by what is considered to be its national interest”.

 

Generally, the most potent instrument of gauging a nation’s foreign policy is its stated foreign policy objectives. Section 19 of the 1979 Nigerian constitution, saliently articulates its objectives as the defence of the country’s sovereignty; independence and territorial integrity; restoration of human dignity to Blackman all over the world; the creation of relevant political and economic conditions in Africa, promotion and improvement of the economic well–being of all Nigerian citizens; and promotion of world peace (Kolawole, 1997).

 

Of principal concern to Nigeria, from these objectives, are well–being of Nigerians; the imperative of justice for all, and a peaceful and secured world in which conflicts are resolved amicably. These aspiration values are prioritized by policy makers into three concentric circles. The narrowness of the circles denotes the nation’s security priorities, attitude and responses to foreign policy issues within Africa and the rest of the world. The inner–most circle has Nigeria. Nigeria’s neighbours and the West African sub –region occupy the second, while third layers belongs to other states in Africa (Buhari, 1984:2; Ajayi: 1998: 179).

 

This prioritisation implies that defence and security planners must be sensitive to the behaviour, capabilities and plans of countries that fall within these concentric securities boundaries.

 

 

The second circle, which has ECOWAS states, is strategic to Nigeria for a few reasons. One, Nigeria is a member of ECOWAS like Liberia. Therefore whatever happens to any of the members must be of keen interest to Nigeria. Two, it will be dangerous for the country to ignore any major crisis within the sub-region for its spill-over effects. Such effects can include the influx of refugees and the contagious nature of the crisis as events in Somalia, Rwanda, Burundi, Zaire and Congo Kinshasa have evidently shown. This stems from the ease with which conflict spreads in Africa. Three, any crisis in the sub-region will disrupt the realisation of the integrative economic goals of ECOWAS. Any prolonged conflict in the sub-region will constrain and stiffen the overall economic growth and development of individual state. Lastly, by its position in terms of economic status, military capability, ethnic pluralism, demographic capacity and preponderance, Nigeria occupies a leadership status in the sub-region. This constrains her from being a mere observer of events in the area. An examination of her roles in Liberia and Sierra-Leone will adequately reflect this prioritisation of objectives.   The Historical Survey of Liberian Crisis

One permanent attribute of nearly all African states is their multi-ethnic nature. Just like any other states of the continent, Liberia is noted for her multi-ethnic pluralism. Osaghae noted that Liberia comprises the two broad ethnic formations: the Americo-Liberians and the Natives which consist of ethnic groups like krahn, kpelle, kru, kissi, Bassa and De (1996:10).

 

The Americo-Liberians have been dominating the political sphere since independence in 1847. This is contradictory! One, they constitute just about 2.9% of the 1.5 million of the country’s population as computed in 1974 (Osaghae, 1996). Two, they are non-indigenous controlling the political and socio-economic structures of the state, which negates the principles of true independence as affirmed to. Three, Liberia seems to have gained independence since 1847 but her continuous domination by aliens has therefore given way to absolute marginalization of the natives not until the government led by President William Tolbert, an Americo-Liberian was revolted against by Samuel Doe.

 

Doe’s government was marked by arbitrariness and despotism to the extent that he later transformed himself to a civilian president in a fraudulent manner in an election that faced stiff opposition. Samuel Doe ruled Liberia in an oppressive manner. The situation became tense and unbearable culminating in civil war led by Charles Taylor in 1989. This marked the beginning of the fratricidal civil war in the country.

 

The war continued and became uncontrollable. “As the war progressed, and hardship increased, discipline broke down among the Armed forces of Liberia and rebel troops which began kidnapping foreign citizens indiscriminately” (Nwolise, 1992:58). “The ensued carnage, destruction to public property and danger posed to foreigners, aroused the attention of the international community” (Ajayi , 1998: 181).

 

Though the civil war took place in Liberia, the neighbouring countries felt the effect. Apart from the fact that foreigners were killed, the influx of refuges to countries like Sierra Leone, Ghana and Nigeria was highly noticeable. It is on this note that one shall look into the “involvement of the input of idea”, and the actual participation in the conflict resolution” by Nigeria. 

Nigeria’s Full Participation in Resolving the Crisis The conflict in Liberia became worrisome not only to the indigenes (Liberians) but also to the neighbouring nations and the whole continent. The involvement of Nigeria in “input of idea” in resolving the Liberia crisis has its root in the 13th session of the ECOWAS Authority of Heads of State and Government held on the 28th to 30th May, 1990 at the Gambia. According to Ajayi (1998:183-184), “President Babangida of Nigeria, canvassed for a community standing mediation committee to intervene in the Liberia dispute” the mediation committee comprises Nigeria, Ghana, Sierra Lone and Guinea as aspired by the Authority. This marked the birth of the “ECOWAS cease-fire Monitoring Group (ECOMOG) of which military contingents from members of the committee were drawn to restore and keep the peace in Liberia” (Ajayi, 1998).   As regards ECOMOG, the aforementioned countries according to their military strength and capability donated solders. This prompted Nigeria to have about 80% of the total composition of ECOMOG (Shanon and Ebrahim, 2000:14-15). Apart from this, the chief of staff, since inception, has been Nigerians. This might account for why Randall Robinson (1996) noted that “Nigeria is a great country, the hope of Africa. If Nigeria works, Africa will get there”. The success of ECOMOG in Liberia as led by Nigeria has proved the above postulation.

Thus the actual ‘participation in the conflict resolution’ began in August 1990. In the words of the Nigerian ex-president Ibrahim Babangida, “unless arrested, the carnage in that country (Liberia) would spill over to neighbouring countries, leading to external non-African intervention and we thereby decided to send out troops to participate in this laudable peacekeeping mission”(African Guardian, 1991:10).

The ex-president noted that Africa must not wait for the interventionist role from the international peace keeping force from such international organisation like UN before it tackles any problem within the region. Hence it is germane for African leaders to take appropriate initiative on the region’s problems.

One notable fact is that all Nigerian leaders usually realize the importance of peace in the sub-region. This was what prompted Babangida’s successor, Late General Sani Abacha to continue peace-keeping mission in the sub-region. To him, “the issue of peace in the West African sub-region should supersede the economic interest of individual states as there cannot be economic progress without peace in the region” (West African 1995: 586).

 

The Rationality, Power and Ideology (RPI) Model: A Conceptualisation and Operationalisation

The three key concepts of this model need be conceptualised and operationalised to help situate and put in contextual perspective the theme of the study. Rationality, power and Ideology interact in a complex process to shape public policy in any political system. Although, a lot of approaches have been developed and put forward to understand why government takes option A rather than B. Why it takes more of option B at the expense of option A. For instance, institutional approach was considered problem- explaining and problem-solving with the focus purely on the institutions of government as the major policy makers. Congress, the executive, the courts, and the bureaucracy represent the major institutions that address the issues of public policy. The institutional perspective, however, presents only one perception of policy making. Public policy creation can also be understood and viewed from other frames of reference. The institutional perspectives of policymaking has come of age, it has outgrown its usefulness and needs to be replaced; hence the development and consequent adoption of RPI model of policy making.

 

There are a number of policies made by the government. This, for the convenience and choice of this paper, shall be divided broadly into two, namely; domestic policies and foreign policies. The latter is the focus and concern of this study. The focus of this paper shall therefore be shifted to the three inputs of foreign policy making in Nigeria. There is certain interaction and interconnectedness, in a rather complex manner, among these three inputs in shaping foreign policy in Nigeria. It is germane therefore to define model in order to be familiar with the operational tools of analysis. What is a model?

 

A model has been defined as “an abstraction or representation of political life that serves to: 1. Order and simplify reality. 2. Identify what is significant. 3. Provide meaningful communication. 4. Direct research and, 5. Suggest explanations” (Thomas Dye; 1995; 40-41).  It is also conceptual frameworks or lenses to view a series of events” (Steven G. etals, 1998:11). Generally, a model is a guide to deal with reality. It captures the real features of reality. Model should however not be mistaken for reality. It is not a description of reality but a representation of it. It simplifies reality but reality is more complex. A good model should be consistent in producing results. Since model guides, it is therefore a simpler form of reality.

 

Having conceptualized model, it is important to operationalise the inputs of policymaking vis-à-vis foreign policy in Nigeria. Because of the divergence in foreign policy issues in Nigeria, the interest of this paper is shifted to Nigeria’s interventionist role in Liberia through ECOMOG.

 

RPI model departs from the traditional institutional focus as it examines the influences of three policy inputs. RPI model contends that the policy inputs of rationality, power and ideology influence the key actors of Nigeria foreign policy. Unlike institutional model, rationality, Power and ideology are dependent and co-ordinate, they interact with each other in a complex process to impinge on, and exert policy influence.

 

Rationality refers to the ability to assimilate and accept the presence of conflicting factors in a given situation. In a rational context of decision making, what happens is the constant process of moderating the biases and subjective disparity of the decision-maker by the ready introduction of appropriate information and willingness to use such information. Rationality encourages the use of experts who monitor programme effectiveness using rational techniques and make recommendations for periodic changes. Rationality involves objectivity and objectivity connotes the availability and usage of relevant and reliable data in formulating foreign policy.

 

Rationality lays emphasis on objectivity, technicality and cost–effect in defining one’s goals. The primary focus is cost and benefit. Corroborating this, a scholar has argued that “calculation and consideration of benefits, as well as costs, are important components of rationality. The rationality input relies heavily on empirical analysis and methodological tools such as statistics, scientific procedures and experimental        designs” (William; 1994). In the view of rationality, policy involves:

(i)                 goal setting

(ii)               Identification and listing of options / alternatives.

(iii)             Evaluation and

(iv)             Best choice

 

Policy can also be studied or viewed from the perspective of power. The key actors in this perspective are various interest groups, citizens, government and influential individuals who exert considerable influence on policy through lobbying, voting, shaping pubic opinion or contributing to political campaigns. Various groups interact in a complex way to influence policy output. Power input is linked to self-        interested actors who wish to acquire personal gains as contrasted to the rationality input that strives to maximize the collective benefit or benefits to all, for a given amount of resources.

 

Policy can also be viewed from the perspective of ideology. Ideology has power to change one’s perception of world because of its general acceptance, stability and normative tendencies. Its values have been acquired and accepted as norms which must be adhered to. It emphasises acceptance, faith without proof, belief without evidence. Ideology deals with belief systems that simplify complexity and shape views of how the world works (Steven et als, 1998).

 

A scholar has recaptured the end–product of ideology when he identifies three important senses of ideology “to refer to very specific kinds of beliefs, to refer to beliefs that are in some cases distorted or false and, to refer to any set of beliefs, covering everything from scientific knowledge, to religion, to everyday beliefs about proper conduct, respective of whether such beliefs are true or false “(Nicholas etal; 1988:118). Ideological input is associated with “emotional rewards rather than materials gains and with polarized environments involving many actors engaged in continuous debate” (Nicholas etal; 1988:118).

 

Rationality and the Nigeria’s Foreign Policy of Interventionist Role in Liberia through ECOMOG

If certain attributes of rationality include objectivity, technicality, expertise, availability of relevant and reliable data (information), cost–effect, etc, then, the motives behind Nigeria’s intervention in Liberia must             reflect these attributes. In evaluating, identifying and understanding this, we shall attempt to look at the practical factors that have motivated Nigeria’s intervention. Available evidence proves that Nigeria’s intervention is as a result of pursuance of its foreign policy objectives; objectives in this sense connote     ideology rather than rationality because it deals with, and centres on, emotion. Also, scholars have unveiled that salient factors which include “the carnage in the trouble spots is enough to evoke humanitarian feelings, Nigeria has multi-million dollar investments in petroleum and solid minerals in Liberia and president Samuel Doe, at that time, was a close friend of General Babangida, the then head of State” (Ajayi, 1989: 184). The first factor centres on the issue of humanitarianism which is ideological in nature, while the second is on economic/personal gains; the third is on both power and ideology.

 

The second reason being economic (investment) can be elaborated upon and issue of rationality drawn from it. In this regards, it leaves more questions than answers. Is the investment in Liberia commensurate with 1,000 lives that were lost, the psychological effect thereof and an estimated “$8billion” wasted on the prosecution of foreign war that was none of its making?” (Vanguard: 2003:11). What then is rational in the decision of Nigeria to give asylum to Taylor? Were Nigerian people consulted in form of opinion poll before Nigeria troops were sent to Liberia? Is there anything rational for a country that is inundated with, and characterised by, high external debt, poverty, inflation, religious bigotry, hike in petroleum products price, youth restiveness in the Niger Delta etc to scandal such a whopping amount of money in foreign land because of self- styled ideology?

 

We know that rationality has multiple bases (i) technical rationality (ii) economic rationality (iii) legal rationality and, (iv) social rationality. Considering legal rationality, Taylor should have been handed over to the international criminal court for trial. Out of these four multiple bases of rationality, Nigeria’s intervention could not be explained suitably if situated within the rationality perspective.

 

Power, Ideology and the Nigeria’s Interventionist Role in Liberian Crisis through ECOMOG

It has been saliently discovered that Nigeria has since been using more of power and ideology in its foreign policy approach. It is not that Nigeria has not applied rationality in any of its foreign policy approaches. After all, the cession of some communities and villages to Cameroon over Bakkassi Penisula is a decision that can be explained through legal rationality. But greater percentage of its foreign policy approaches could best be viewed through power and ideology. In talking of power, power can be divided into three viz: ruling class, power elite and pluralism.

 

The adherents of ruling class believe that a policy of government (be it domestic or foreign) is a reflection of the personal idiosyncrasies of the ruling class. The leading statement of such a structure was offered by Gaetano Mosca, who states that all societies break down to two classes: those who rule and those who are ruled. This type of class dominates the institutions of government, owns largest part of country’s wealth but has 0.5 to 1.0 percent of population of any country (Steven etal; 1998). Power elite belong to the group that commands the major institutional hierarchies and organizations of modern society: big corporations, government and the military. While pluralism is a situation where power and opportunity of wider participation are dispersed to individual groups.

 

Power emphasizes economic/personal gains while ideology is on emotions. The decision of the president to reinstate Sao Tome president is derived from ideological perspective of foreign policy objectives of Nigeria. Also, the decision to grant asylum to Taylor is explainable and understandable through the ruling class view of power. If it were pluralistic, Nigerian people would have been consulted and their views adopted as final and unchanged.

  Conclusion

Using RPI model, it could be deduced that the intervention stemmed from power and ideology rather than from the perspective of rationality. It is advisable however that Nigeria adopts rationality in its approach on vital foreign policy issues such as the intervention in both Liberia and Sierra Leone because of the economic effect it has on Nigeria’s economy and economic development. On Tuesday, 23rd June, 2009, the Nigerian Senate was debating and subsequently passed a request from the President granting soft loan of $10million to Sao Tome at the critical point of economic downturn. Many Nigerians go to bed hungry, high rate of unemployment and deplorable situation of Nigerian roads. Infrastructural facilities are practically lacking. In this situation, granting of loan to another country cannot be said to be rational but a reflection of Nigeria’s foreign policy objective and personal relationship which is ideological in nature.

 

It is an indisputable fact that ECOWAS through its military wing – ECOMOG – had once again succeeded in restoring peace to Liberia against all odds. Constitutional or unconstitutional, legal or extralegal, ECOWAS, indeed Nigeria, has gained more recognition in the international system in the area of peace making. But the conviction of this paper is that it is more expedient if not more reasonable to satisfy domestic needs before playing the role of ‘big brother’ in Africa. As the position of country and its relevance in the international system is not measured by how many peace keepings you engage in as a country, but your level of technology development, economic viability, military capability, political stability and visionary leadership as well as focussed and supportive citizenry. In order to achieve this, therefore, there should be internal cleansing through reduction in the level of corruption, zero tolerance to poverty, sincerity of purpose on the part of the leadership, infrastructural development and a vibrant electoral system that guarantees one man one vote as well as respect for individual rights.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

References

Abbah, T. (2003) “The Mess Taylor Left Behind”, Punch, April 21.

Ajayi, K. (1998) “Nigeria’s Peace Keeping role in Liberia and Sierra Leone” in Kolawole

(ed) Issues in Nigerian government and Politics. Akure, Steebal Publishers.

Amadu, S. (1992) “ECOMOG and Sub-Regional Security in West Africa” in conflict

Trend, Issues 3.

Buhari, M.(1984) “On Nigerian Foreign Policy, National Interest an ECOWAS”,

Nigerian Journal of International Affairs, , Vol. 110. No.2.

Fawole, W.F. (1999)  Paranoia, Hostility and Defiance: Gen. Sani Abacha and The ‘New’

Nigeria Foreign Policy. Ile-Ife, Obafemi Awolowo University Press Ltd.

Kolawole, D. (1997) Readings in Political science Ibadan, Dekaal Publishers.

Lamido, S. (2000) “Main Thrust of Nigerian Foreign Policy”, National Concord,

February 22.

Nicholas, A. (1988) Dictionary of Sociology. London, Pengium, Stephen H. and Books.

Nwolise, O.B.S (1992) “The Internationalization of the Liberian Crisis and its Effects on

West Africa” in M.A. Vogt etal (eds) The Liberian Crisis and ECOMOG: A Bold

Attempt at Regional Peace Keeping. Gabumo Publishing Co. Ltd.

Obasanjo, O. (2001) Address at the 1999 Annual Patron’s Dinner of the Nigerian institute

of International Affairs, Abuja.

Ojo, O. (1990) “Sponsorship and Memebrship of ECOWAS” in Gabriel, O. and

Akindele, R.A. (eds) The structure and Process of Foreign Policy Making and

Implementation in Nigeria, 1960 – 1990. Ibadan, Ventage Pub. Ltd.,

Osaghae, E.E. (1996) Ethnicity, Class and the Struggle for State Power in Liberia. Dakar,

ODESTRIA.

Rosenau, J.  (1974) Comparing Foreign Policies. New York, john Wiley

Steven, G. K. etal (1998) American Public Policy: The Contemporary Agenda New York.

Houghton Mifflin Company Boston.

 

 

 

 

 

 

Marysville purchases Geddes marina for $1.9 million
MARYSVILLE — After four years of legal wrangling, the city of Marysville purchased Ed and Susan Geddes’ marina for approximately $1.9 million last month.

Litigation Timeline Software

litigation timeline software

Steps to Select the Right Outsourcing Vendor

TABLE OF CONTENTS

• Introduction
• Step 1: Define your objectives and goals
• Step 2: Find out all you need to know about the vendor – Plan the RFI
• Step 3: Prepare the RFP
• Step 4: Due Diligence
• Step 5 (Optional): Test Project
• Step 6: Choose the vendor
• Conclusion

 

Introduction
The process of selecting an outsourcing vendor implies a complex multistage process to evaluate not only what the provider can do, but also the way it’s done.
First of all it’s important know that this process can and should take some time. Sometimes, this means months.
A well-organized vendor selection usually takes between 6 and 12 months and can ramp up the total cost of the project with approx. 1-10%. (For further information on this, read the “Real cost of Outsourcing†white paper).
Costs associated with this phase include analysis and documentation of requirements; creation, distribution and evaluation of RFPs (Request for Proposals); negotiations of contracts; development of SLAs (service level agreements); pay of external players: consultants, lawyers etc.
Therefore, the selection of vendor is not a process to be rushed. Companies should follow a well-established methodology that defines each step of the trip. After all, the final goal is to end up with the best service provider for delivering the desired outcome.

Step 1: Define your objectives and goals
This is a basic step for all future outsourcing activities. You have to describe the process, service or product that you want outsourced clearly. You should also indicate what your goals are through outsourcing.
Another one of the first things you should do is gather a core team to evaluate vendors and participate in negotiations. The team should consist of individuals from various parts of the company, such as executives from affected business departments, legal staff and human resources responsible.
Make sure you include the answer to the following questions in formulating your objectives:

• What do you want to outsource?
• What type of an outsourcing agreement are you looking for?
• What are the offshore outsourcing locations that you are interested in?
• What are your goals in outsourcing?
• What services do you expect a vendor to provide?
• How much do you plan to spend?
• What are the risks associated with such an outsourcing agreement?

The team’s first task should be to define the high-level requirements of the outsourcing engagement. For instance, if the goal for outsourcing is to reduce costs, the organization should state it openly and leverage this process to explore ways to achieve that goal. The next step is to benchmark the current process against others in the industry. Drawing “before” and “after” process maps is a great exercise that helps companies explain where they are today and show where they want the outsourcer to take them.
Next, it’s critical that the core team determines the right type of services to be outsourced. There are many different kinds of work outsourced. However all of these outsourcing services fall in two broad categories, technology services outsourcing and business process outsourcing.
Technology Services Outsourcing
The fast emerging business world of today requires companies to use sophisticated and fast computer systems and software. These technologies and systems also need to be scalable and highly adaptive. Therefore it is imperative to choose the right associate for developing these technologies. Here are some of the different categories that come under technology services.

• ecommerce
• Network/ Infrastructure
• Software/ Applications development
• Telecom
• Web Development and Hosting

Business Process Outsourcing (BPO)
The new global scenario requires that each company finds its own niche field that can add value to the world economy. Thus companies now try to focus their resources on areas that give maximum yield. As a spin off of this trend, service providers who focus on narrow business providers these enterprises need also emerged. Thus the term Business Process Outsourcing (BPO) came into being around 1995. The proliferation of the Internet andi ts emergence as a business tool helped to make BPO highly popular.
Below are the sub categories of services that come under BPO.

• Customer Relations/ Customer Contact Management
• Finance/ Accounting Processes
• Logistics
• Equipment Management
• Security
• Supply Chain/ Procurement Management

Step 2: Find out all you need to know about the vendor – Plan
the RFI
The Request for Information (RFI) provides material for the first rounds of vendor evaluations. Organizations generally use the RFI to validate vendor interest and to evaluate the business climate in the organization’s industry. As opposed to a highly specific, formal Request for Proposal (RFP), the RFI encourages vendors to respond freely. It also spells out the business requirements defined by the core team, so the vendor understands what the company is trying to accomplish.

• request for information is just that – requesting information
• It is usually issued to acquire information on what is available, from whom and what approximate cost before writing an RFP that is based on real information rather than wishful thinking.
• Typically, vendors will not respond to an RFI unless the effort to do so is not excessive and there is an expectation that an order or at least an RFP will follow.
• Contents of RFI
• The type of information usually sought by RFI’s includes things such as:
• o The availability of equipment or needed services.
• o The approximate one time and recurring costs.
• o The differentiating factors between the goods or services proposed and similar offerings from other vendors.
• The latter is very useful in providing information to help determine mandatory and desirable

characteristics to be included in an RFP.
After vendors return the questionnaire, the issuing company matches the vendors’ responses to the company’s requirements and weights the criteria based on importance. Providers that don’t meet stated needs or haven’t responded to the specific questions are eliminated.
Eventually, the RFI process helps companies make the “go or no go” decision—that is, the choice to proceed with or walk away from a project. The data solicited identifies the availability and viability of outsourcing, cost estimate ranges, and risks. It also provides detail useful for developing project requirements.

Step 3: Prepare the RFP
The third step is to develop the RFP; send it to at least three short-listed suppliers; evaluate them; and, of course, select the best ones.
The RFI and RFP are complementary. Information collected during the RFI process can prepare the solutionrequirements section of the related RFP. You should have by now a better understanding of project scope and requirements, as well as a list of qualified suppliers. Leveraging the information-gathering focus of the RFI will lead to a concise RFP that articulates the business needs.
The RFP outlines the engagement’s requirements—relevant skill sets, language skills, intellectual property protection, infrastructure, and quality certifications—and gives prospective vendors the information necessary to prepare a bid. The responsibility of developing the RFP rests with the project’s sourcing leader, but various aspects of the document will require input from other domain experts.
A good RFP includes one section that states what the company seeks (business requirements) and four sections that ask about the vendor and what it will be able to provide:

• Business requirements. In brief, this section details the company’s project goal, deliverables, performance and fulfillment requirements, and liquidity damages.
• Vendor profile. External service providers differ greatly in performance, style, and experience. This part of the RFP details the vendor’s stability, services, and reputation.
• Vendor employee information. This section addresses the resources assigned at the project management, middle management, team leader, and task levels, along with the quality of people, their skills, training, compensation, and retention. If your company ranks technical skills highest should look at technical expertise before examining costs.
• Vendor methodology. The methodology segment details project management, quality, regulatory compliance andsecurity.
• Infrastructure. This part outlines the vendor’s infrastructure stability and disaster-recovery abilities.

Step 4: Due Diligence
After vendors have sent their RFP responses, you begin the evaluation.
Usually, vendors propose different strategies when they respond to an RFP. They may suggest a sole provider, co sourcing, or multisourcing scenario, in which one, two, or several vendors, respectively, deliver the service to the company. Regardless of the structure, if the proposal meets the stated requirements, each vendor must then undergo a due diligence review.
Due diligence supports or invalidates the information the vendor supplied on processes, financials, experience and performance. It helps you determine what the provider can do right now, as opposed to what it might do if given the business. Due diligence should confirm the information supplied in the RFP and address the following data:

• Company profile, strategy, mission and reputation
• Financial status – reviews of audited financial statements
• Customer references – preferably from similar outsourced processes
• Management qualifications, including criminal background checks
• Process expertise, methodology and effectiveness
• Quality initiatives and certifications
• Technology, infrastructure stability and applications
• Security and audit controls
• Legal and regulatory compliance, including any outstanding complaints or litigation
• Use of subcontractors
• Insurance
• Disaster recovery, security and business continuity policies

Pay attention also to employee policies, attrition, service attitudes and management values; the company and the vendor need to fit together culturally.
You should evaluate the vendor’s project management competency, the level of success achieved, the quality and standards of work delivered, adherence to contract terms, and the communication process. Reliable, ongoing communications, especially in offshore outsourcing is very important; potential pitfalls can result from infrequent or vague communications. For instance, if the onshore company doesn’t clearly communicate deliverables and timelines, offshore resources might not be allocated correctly and may endanger completing the project on time.
Sometimes you must perform due diligence on more than one of the vendors that respond. The length and formality of the due diligence process varies according to companies’ experience with outsourcing, the timeline or implementing outsourcing, the risk, and familiarity with the vendor.

Step 5 (Optional): Test Project

Some companies can even conduct test projects to ensure a good fit between the company and the vendor.These tests allow companies to review the vendor’s project management process for efficiency and effectiveness. Specifically, they look at whether project execution is completed within guidelines, whether deliverables are timely and whether the vendor has adhered to defined quality standards. Tests serve as a good method for companies to check and review the facts before making a final vendor decision.

Test projects also let companies experience the benefits of outsourcing before jumping into a long-term relationship. Often, companies will conduct a “proof of concept” (POC) with a couple of vendors to compare results and, after evaluation, choose the best one. A good method to select the best vendor is by taking the top two vendors from the RFP process and having them complete the same test project. This will demonstrate their project management capabilities, communication style, and ability to meet deadlines for deliverables. Many companies are using POCs as test beds before offshoring larger projects.

Step 6: Choose the Vendor
Eventually, the biggest step in the process of selection is picking a service provider to manage business processes and applications. Making the final decision means signing a contract that clearly defines the performance measures, team size, team members, pricing policies, business continuity plans and overall quality of work standards.

Conclusion
Last, but not least, remember that outsourcing is a long-term relationship, and choosing the right vendor is crucial to meeting your technology, business and financial objectives. If you base your decision on following the steps above, you will eliminate the risks of engaging in a wrongly-selected affiliation that can not only fail to improve your business, but even do harm.

2010 Litigation Review Conference

2010 litigation review conference

State Laws and Employer I-9 Employment Verification Responsibilities

Many states have enacted “mini-I-9†laws. Employers, especially companies that operate in more than one state, must closely monitor their compliance with the employment eligibility and verification laws for each state in which they do business.

The most common regulation states have imposed on businesses in recent years is requiring employers to use the federal E-Verify system to confirm workers’ immigration status and employment eligibility or work authorization, specifically illegal immigrant employment eligibility, work authorization and immigration status.

E-Verify is an Internet-based system operated by Department of Homeland Security (DHS/U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration (SSA). E-Verify is currently free to employers and is available in all 50 states. E-Verify provides an automated link to federal databases to help employers determine employment eligibility or work authorization of new hires and the validity of their Social Security numbers.

Employers or “Designated Agents” (e.g., payroll companies) must register online and agree to the terms of participation to use E-Verify. [Registration includes agreeing to the DHS/Immigrations and Customs Enforcement (ICE) Memorandum of Understanding (MOU). A discussion of the ICE E-Verify MOU is outside the scope of this post.]

E-Verify will soon be required of all federal contractors. DHS is now promulgating “final” E-Verify regs. I present an E-Verify overview and update in this post.

(The National Conference of State Legislatures does a remarkable job of monitoring these new developments and I include a variation of their chart and summary of the new state legislation below.)

Review of Relevant State Laws

State Laws Requiring Use of E-Verify

Arizona

Arizona

The Arizona Fair and Legal Employment Act (HB 2779), enacted in 2007, prohibits employers from knowingly hiring unauthorized workers and requires all employers to use the Basic Pilot Program to verify employment eligibility. It establishes substantial penalties and threatens noncompliant employers with suspension and potential revocation of their business licenses. Effective date Jan. 1, 2008.


Colorado

Colorado HB 1343 (signed 6/6/2006) prohibits state agencies from entering into contract agreements with contractors who knowingly employ illegal immigrants and requires prospective contractors to verify legal work status of all employees. The contractor must confirm that the Basic Pilot Program has been used to verify the status of all employees. If the contractor discovers that an illegal alien is employed, the contractor must alert the state agency within 3 days.


Georgia

The Georgia Security and Immigration Compliance Act, SB 529, covered employment, enforcement, and benefits and was signed by the Governor on April 17, 2006. The bill requires public employers, contractors and subcontractors with 500 or more employees to participate in E-Verify for all new employees beginning July 1, 2007. The law is phased in for public employers, contractors and subcontractors with 100 or more employees effective July 1, 2008; and for all employers by July 1, 2009.


Idaho
Executive Order

On December 13, 2006, Governor Jim Risch issued an executive order requiring that state agencies participate in the E-Verify system. Also, all workers employed to the state through contractors must also be from companies that have been verified to have eligible employees.

Minnesota
Executive Order

Governor Tim Pawlenty issued an executive order on Jan. 7, 2008, stating that all hiring authorities within the executive branch of state government as well as any employer seeking to enter into a state contract worth in excess of $50,000 must participate in the E-Verify program. The Executive Order’s effective date is January 29, 2008.


Mississippi

Mississippi SB2988 (signed 3/17/08) requires public and private employers to participate in E-Verify. The phase-in period is: all government agencies and businesses with more than 250 employees by July 1, 2008; companies with 100 to 250 employees by July 1, 2009; those with 30 to 100 employees by July 1, 2010; and all remaining companies by July 1, 2011. An employer violating the law is subject to the cancellation of public contracts, ineligibility for contracts for up to three years, and loss of business license for up to one year. The law also makes it a felony to accept or perform employment knowing or in reckless disregard of the immigrant’s ineligibility to work, with penalties from one to five years of imprisonment and/or $1,000 to $10,000 in fines.


North Carolina

All state agencies, offices, and universities must use E-Verify, required by SB 1523 in 2006. This applies to employees hired on or after January 1, 2007, except for employees of local education agencies hired on or after March 1, 2007.


Oklahoma

The Oklahoma Taxpayer and Citizen Protection Act of 2007 (HB 1804) addressed multiple issues: transporting and harboring, driver’s licenses, public benefits, law enforcement and employment. It made it a felony to transport or harbor unauthorized immigrants, with exceptions for health or benefits guaranteed by federal law. It requires public employers, contractors and subcontractors to participate in a federal electronic employment verification system and requires income tax withholding for independent contractors who do not have valid Social Security numbers. The law became effective Nov. 1, 2007.


Rhode Island
Executive Order

On March 27, 2008,Governor Carcieri issued an executive order requiring executive agencies to use E-Verify; and for all persons and businesses, including grantees, contractors and their subcontractors and vendors to use E-Verify.


Utah

SB 81 was signed into law 3/13/08. The law address multiple issues, including driver’s licenses, law enforcement, harboring and transporting, public benefits and employment. It requires public employers to register and use the Basic Pilot program for new employees; state contractors must use Basic Pilot effective July 1, 2009. The law makes it a Class A misdemeanor to conceal, harbor, transport or shelter undocumented immigrants, though church, charitable and humanitarian assistance groups are exempted.

Encourages the Use of E-Verify (1)


Tennessee

HB 729, signed into law on June 26, 2007 and effective January 1, 2008 states that employers who “knowingly employ, recruit or refer for a fee for employment an illegal alien” are subject to a temporary suspension of their business license; repeat offenders are subject to a one-year suspension. Employers who comply with the requirements of the current I-9 process or who verify new hires through the E-Verify within 14 days of employment are shielded from sanctions.

One State Limits The Use of E-Verify

Illinois

Illinois enacted HB 1744, which bars Illinois companies from enrolling in any Employment Eligibility Verification System until accuracy and timeliness issues are resolved. Illinois also enacted HB 1743, which creates privacy and antidiscrimination protections for workers if employers participating in E-Verify don’t follow the program’s procedures.

State Laws Targeting Employers On Immigration Status

Current Litigation Over State Laws: Federal Pre-emption

Two lawsuits now making their way through the federal court system could restrict states’ ability to continue to crack down on businesses that hire unauthorized workers. One is a court challenge to the 2007 Arizona employer sanctions law filed by a coalition of Arizona trade groups. In February, a federal judge denied the coalition’s request to delay implementation of the law with a temporary restraining order, and the plaintiffs took their case to the U.S. Ninth Circuit Court of Appeals. Oral arguments are scheduled for this summer and a decision is expected in the fall.

Another lawsuit making its way through the federal courts originated last year in Hazleton, PA, where a local ordinance enacted in 2006 denies business permits to employers who hire illegal immigrants and fines landlords who rent to them. In a ruling issued last summer, a federal judge struck down the Hazleton ordinance, saying it treads on federal terrain and violates illegal immigrants’ constitutional right to due process.

The town is appealing the decision, and the case will be heard in the U.S. Third Circuit Court of Appeals this summer. A decision in this case is also expected in the fall.

If the two appellate courts hand down similar rulings; either both upholding the local laws, or both asserting federal authority, the battle over federal preemption could end there. But if the courts hand down opposing decisions – one supporting state authority and the other backing federal preemption – the debate will likely go to the Supreme Court. The consequence: no clear direction for state lawmakers for at least a year or two.

Many legal experts say the bills being passed in state capitals are not constitutional, and many of the new laws are being challenged in court. The U.S. Constitution gives federal law “supremacy†over state statutes. My personal understanding of the fundamental “pre-emption†issue is that the federal laws do not pre-empt these state laws. Frankly, this is a very complex constitutional issue.

The 1986 Immigration Reform and Control Act (IRCA) explicitly prohibits states from imposing sanctions on businesses that hire unauthorized workers. But one phrase in the 1986 law – a seven-word parenthesis allowing states some leeway in the matter of “licenses and similar laws†– has created a contested gray area.

Many states have taken the IRCA parenthesis to mean they have the authority to suspend or revoke the business licenses of employers who hire unauthorized workers. Businesses and many constitutional lawyers disagree.

“You have this complex overlay of statutes and regulations and court cases, and you’ve got this federalism question of what has traditionally been federal power and what the states can do,†Jan Ting, a Temple University law professor, told the Washington Post. “There could not be an area of law that is less clear than this.â€

Because states have until recently stayed away from imposing sanctions for immigration violations, federal preemption has rarely been tested and few court precedents exist.

Private Rights of Action

While E-Verify requirements have so far proven the most popular method to deter the hiring of illegal immigrants, some states are beginning to make use of another tool: giving employees a “private right of action.†Oklahoma was the first state to pass such legislation, in 2007, allowing fired U.S. workers to sue their employers if unauthorized workers were subsequently found to be working in their place. Mississippi, Utah and South Carolina followed with similar provisions this year, allowing fired workers to sue if they are then replaced by illegal immigrants. Some say the laws could open businesses to lawsuits if they employ any unauthorized workers, whether or not they have hired them to replace fired legal workers. Other states are expected to adopt this approach next year.

Also still in place are provisions mandating that all businesses in Arizona enroll in E-Verify and allowing prosecutors to investigate anonymous tips made against businesses alleged to be employing unauthorized workers.

State Felony Laws

Companies should also be concerned about a Mississippi law that makes it a felony for illegal immigrants to accept unauthorized employment. Violators are subject to imprisonment from one to five years and fines of between $1,000 and $10,000. And while the measure seemingly applies only to unauthorized workers, if I had clients who do business in Mississippi I would be strongly cautioning them. I have many clients, both individual and business, where the kind employer assists driving the very good employee to work because the employee does not have a valid state driver license because s/he lacks immigration status. In my opinion a business can be prosecuted for aiding and abetting a felony or harboring a felon under this law.

Oklahoma also imposed felony penalties, in 2007 – in that case, against anyone caught transporting, concealing, harboring or sheltering illegal immigrants in any location,

including any building or means of transportation. Utah, Missouri and South Carolina passed similar measures this year, and many fear the provisions could be used against employers who knowingly hire unauthorized workers.

Chatham Lodging Trust Announces Second Quarter Earnings Conference Call on Wednesday held for 11 August 2010 Chatham Lodging Trust, a hotel real estate investment trust focused to stay at upscale hotels and extended-premium-branded select-service hotels, today announced that in the second quarter 2010 financial report the results on Tuesday, the following 10 August 2010, the end of the market. Â On Wednesday, August 11, at 10 clock

Legal Insurance South Africa

legal insurance south africa

Cape And Country – Mortgages In South Africa

Welcome to Cape & Country Mortgages, the exclusive and bespoke mortgage broker for overseas buyers of South African property.
Cape & Country Mortgages (Pty) Ltd is an independent mortgage broker, managed and operated from within South Africa, but offering a customised service to a broad range of international clients looking to purchase property in the country.
In addition to organising South African mortgages we offer services such as property searches, insurance, international money transfer as well as tax and legal advice. We are the simple solution to purchasing South African property from abroad.
Our client base consists of South African expatriates as well as international clients who understand that property in South Africa represents tremendous value by global comparisons.
With the abundance of natural beauty and a phenomenal climate there are few places in the world that offer a better lifestyle than South Africa. Add to that the favourable exchange rate of the South African Rand with currencies like the British Pound, American Dollar and the EU Euro and it is obvious to see why more and more people outside of South Africa are looking to the country for their dream property.
Should it suit your needs, Cape & Country can also organise Sterling or Dollar denominated mortgages on South African property.
Contact us and we will make buying a home in South Africa so simple and cost effective that you will understand why Cape & Country Mortgages remains the exclusive choice of knowledgeable buyers the world over.

Cape and Country is the only South African mortgage broker to offer a specialist service for overseas clients wishing to buyproperty in South Africa.

An increasing number of South African expatriates are buying property in South Africa and, on top of the number of foreign nationals doing the same; the local property market is filled with a myriad of buyers who require services designed to assist them in purchasing property from abroad.

If a U.S. gay couple visits Canada, gets married there, and returns to the U.S., is their marriage recognized?

I would think the answer is yes………because:
this site: http://www.samesexmarriage.ca/legal/ontario_case/appeal/pride_week_marriage.htm
states the following:
“they will be as married as any people on the planet. That means, for example, the couples will identify as married on applications/forms for jobs, apartments, credit, mortgages, insurance, medical treatment, and taxes.”

However, if a gay couple gets married in another country besides Canada……..such as norway, spain, belgium, south africa, or the netherlands…….and then moves to the U.S…….their marriage will only be recognized in 3 states: New York, Rhode Island, New Mexico.

It seems like Canada & the U.S. have a litle tea party agreement that they recognize each other’s marriages…..but when we’re talking about a different foreign country, the rules are different.

so my question is: Does everything I just said sound accurate? Is this pretty much true?

It depends on the state, I believe in NY, CT CA,RI, NM, MA yes. It should be in the whole country though

Hlophe lawyers cost the state R6, 78m, Parliament declared that the government has spent 0.78 R6-million for Judge John Hlophe's legal fees, costs in his discussion of the constitutional court judges.

California Litigation Review

california litigation review

Can You Get a Lemon Law Settlement Without Filing a Lawsuit?

Janette Rinkenberger is a paralegal in the pre-litigation department of Brennan, Wiener & Associates, APC. She has successfully settled numerous Lemon car cases without the necessity of filing a lawsuit. Below she offers some pointers to readers who may need assistance, to get them headed in the right direction. Sidebar is the consumer rights and consumer protection newsletter published by Brennan, Wiener & Associates, which conducted this interview.

Sidebar: Is it possible for consumers to get their rights taken care of under the Lemon Law without having to file a lawsuit?

JR: Yes it is, and it doesn’t have to take forever. I see successful pre-litigation settlements happening every week at our office.

Sidebar: What does pre-litigation mean? Can a consumer get Brennan, Wiener & Associates to take a pre-litigation case on contingency? What is a pre-litigation settlement? What are the advantages to signing up on a pre-litigation basis?

JR: Pre-litigation means that you try to reach an agreement with the manufacturer or dealer without having to file a lawsuit. At Brennan, Wiener & Associates, we handle all of our pre-litigation cases on a contingency basis. A pre-litigation settlement is an agreement between you and the manufacturer or dealer in which you will be compensated for your damages in return for a release of all claims. Once a pre-litigation settlement has been reached, a document is drafted which spells out the terms of the agreement.

Some advantages of signing up pre-litigation are 1) that you might get a settlement much sooner; 2) you might be able to avoid the hassles of litigation; and 3) if you have a strong case and the other side refuses to come to an agreement with you, then we might be able to initiate a lawsuit and show that you tried to work out an agreement with the other side without having to litigate.

Sidebar: What do you recommend consumers do when they have repeated problems with their vehicles, but the manufacturers don’t seem to care or listen?

JR: Call our office and provide us with the basic information about your situation. Make sure you get all of your repair orders together. If you purchased a used car that is still under the manufacturer’s warranty, make sure you get a warranty repair history from the dealer’s service department. Continue making your monthly payments. If the car is not safe to drive, park it. Stay in communication with our office for any updates and to answer any questions. I will need the finance information in order to draft a demand letter. We review all of our cases free of charge and always advise the clients if we think we can help them.

Sidebar: What step should a consumer first take who wants to sign up with your law firm and try to get a pre-litigation settlement?

JR: Send all your documents to our office so that we can review them.

Sidebar: What can a consumer expect to get from a pre-litigation settlement?

JR: We would typically ask for reimbursement of the down payment, the total monthly payments you have made to date, loan pay-off, registration fees, rental expenses, and other incidental expenses that may apply in your case, as well as attorney fees. The other side may offer all or part of the above, in which case we would need to discuss with you how to proceed. We would typically negotiate with the other side in an attempt to reach an agreeable settlement. We cannot promise anything, as it is ultimately up to the manufacturer or dealer as to whether or not they will reimburse you, pre-litigation, for your losses. However, we do have many satisfied clients who wind up getting all, or close to all, of what they were entitled to.

Sidebar: What if the other side agrees to repurchase the Lemon vehicle? What happens next?

JR: At that point we would have to schedule a vehicle turn-in, usually done at the dealership where you purchased the vehicle. Before you turn in the vehicle, make sure it doesn’t have any damage beyond normal wear and tear. If it does, you need to have it repaired or the manufacturer will deduct the cost of repair from your settlement amount. It is also advised that you get your car washed and take your personal belongings out of the car ahead of time. Make sure you bring both sets of keys and the owner’s manual to the turn-in. At the turn in you will need to sign some documents transferring ownership over to the other party.

Kagan Sworn In by Roberts to Become 112th Supreme Court Justice
Elena Kagan was sworn in as the 112th U.S. Supreme Court justice and its fourth woman ever, taking the oath of office at the high court two days after the Senate confirmed her.

2010 Litigation Trends

2010 litigation trends

U.s. Market For Gastrointestinal Endoscopic Devices 2010 Report

In 2009, the U.S. market for gastrointestinal endoscopic devices was valued at over $1.8 billion, representing an increase of nearly 7% over 2008.

The GI endoscopic market includes:

GI endoscopes
Capsule endoscopic devices
Virtual colonoscopy software
Stenting devices
Dilation balloons
Endoscopic retrograde cholangiopancreatography (ERCP) devices
Biopsy forceps
Polypectomy snares
Fine aspiration needles
Specimen and foreign body retrieval devices
Hemostasis devices
Anti-reflux devices
Enteral feeding devices

In 2009, more than 55 million procedures were performed with GI endoscopic devices. Nearly 50% of these procedures were colonoscopies, reflecting the growing frequency of regular colon exams for early diagnosis of colorectal cancer.

Within the gastrointestinal endoscopic device market, companies such as Boston Scientific, Cook Medical, Given Imaging, Olympus and Pentax lead the market, among many others. This report provides a comprehensive and detailed analysis of market revenues by device type, market forecasts through 2016, unit sales, average selling prices, market drivers and limiters and a detailed competitive analysis, including manufacturer market shares and product portfolios.

Table of Contents I

1.1 MARKET ANALYSIS AND FORECAST 1
1.2 MARKET BY SEGMENT 2
1.3 TREND ANALYSIS 3
1.4 GI ENDOSCOPES 4
1.5 CAPSULE ENDOSCOPY 5
1.6 VIRTUAL COLONOSCOPY 5
1.7 STENTING AND DILATION DEVICES 6
1.8 ERCP DEVICES 7
1.9 BIOPSY FORCEPS 8
1.10 POLYPECTOMY SNARES 9
1.11 FINE ASPIRATION NEEDLES 9
1.12 SPECIMEN AND FOREIGN BODY REMOVAL DEVICES 9
1.13 HEMOSTASIS DEVICES 10
1.14 ANTI-REFLUX DEVICES 11
1.15 ENTERAL FEEDING DEVICES 11
1.16 COMPETITIVE ANALYSIS 12

RESEARCH METHODOLOGY 13
2.1 RESEARCH SCOPE 13
2.2 IDATA’S 9-STEP METHODOLOGY 13
2.2.1 Step 1: Project Initiation & Team Selection 14
2.2.2 Step 2: Prepare Data Systems and Perform Secondary Research 15
2.2.3 Step 3: Preparation for Interviews & Survey Design 16
2.2.4 Step 4: Performing Primary Research 17
2.2.5 Step 5: Research Analysis: Establishing Baseline Estimates 18
2.2.6 Step 6: Market Forecasting 19
2.2.7 Step 7: Identify Strategic Opportunities 21
2.2.8 Step 8: Final Review and Market Release 22
2.2.9 Step 9: Customer Feedback and Market Monitoring 23

OVERVIEW OF GASTROINTESTINAL ENDOSCOPIC DEVICES 24
3.1 INTRODUCTION 24
3.2 PROCEDURE NUMBERS 25
3.3 MARKET ANALYSIS AND FORECAST 25
3.4 MARKET BY SEGMENT 28
3.5 TREND ANALYSIS BY MARKET SEGMENT 35
3.6 MARKET DRIVERS 37
3.6.1 Colorectal Cancer Screening 37
3.6.2 Technological Advancements 37
3.6.3 Aging Population 37
3.7 MARKET LIMITERS 39
3.7.1 Reimbursement Issues 39
3.7.2 Increasing Competition 39
3.8 COMPETITIVE ANALYSIS 40
3.8.1 Market Concentration 45
3.9 MERGERS AND ACQUISITIONS 47
3.9.1 Boston-Scientific and Guidant 47
3.9.2 Olympus and Gyrus/ACMI 47
3.9.3 Nestlé and Novartis 47
3.10 BANKRUPTCIES 48
3.10.1 Curon Medical 48
3.10.2 NDO Surgical 48
3.11 LITIGATION ISSUES 48
3.11.1 Olympus and Given Imaging 48

PROCEDURE NUMBERS 49
4.1 TOTAL PROCEDURES 49
4.2 GI ENDOSCOPES 50
4.2.1 Colonoscopy Procedure Numbers 50
4.2.2 Sigmoidoscopy Procedures 51
4.2.3 Ultrasound Endoscopy Procedures 52
4.3 CAPSULE ENDOSCOPY 53
4.4 VIRTUAL COLONOSCOPY 54
4.5 STENTING AND DILATION PROCEDURES 55
4.6 ERCP PROCEDURES 56
4.7 BIOPSY FORCEPS AND POLYPECTOMY SNARES PROCEDURES 57
4.7.1 Biopsy Procedures 57
4.7.2 Tumor and Polyp Removal Procedures 58
4.8 SPECIMEN AND FOREIGN BODY RETRIEVAL PROCEDURES 59
4.8.1 Foreign Body Retrieval Procedures 59
4.8.2 Specimen Retrieval Procedures 60
4.9 HEMOSTASIS PROCEDURES 61
4.10 ANTI-REFLUX PROCEDURES 62
4.11 ENTERAL FEEDING DEVICES 63

GASTROINTESTINAL ENDOSCOPES 64
5.1 INTRODUCTION 64
5.2 MARKET ANALYSIS AND FORECAST 65
5.3 MARKET FOR GI ENDOSCOPES BY TYPE 69
5.3.1 Colonoscopes 69
5.3.2 Sigmoidoscopes 72
5.3.3 Gastroscopes 75
5.3.4 Duodenoscopes 77
5.3.5 Enteroscopes 79
5.3.6 Ultrasound Endoscopes 81
5.3.7 Double-Balloon Endoscopes 84
5.3.8 Transnasal Endoscopes 86
5.3.9 Natural Orifice Transluminal Endoscopy 88
5.4 REFURBISHMENT AND REPAIR MARKET 88
5.5 MARKET DRIVERS AND LIMITERS 92
5.5.1 Market Drivers 92
5.5.2 Market Limiters 93
5.6 COMPETITIVE ANALYSIS 94

CAPSULE ENDOSCOPY 96
6.1 INTRODUCTION 96
6.2 PROCEDURE NUMBERS 97
6.3 MARKET ANALYSIS AND FORECAST 98
6.4 MARKET FOR CAMERA CAPSULES 100
6.5 MARKET FOR WORKSTATIONS 102
6.6 MARKET FOR DATA RECORDERS 104
6.7 MARKET DRIVERS AND LIMITERS 106
6.7.1 Market Drivers 106
6.7.2 Market Limiters 106
6.8 COMPETITIVE ANALYSIS 108

VIRTUAL COLONOSCOPY 109
7.1 INTRODUCTION 109
7.2 PROCEDURE NUMBERS 110
7.2.1 Potential Market 112
7.3 MARKET ANALYSIS AND FORECAST 114
7.4 MARKET DRIVERS AND LIMITERS 116
7.4.1 Market Drivers 116
7.4.2 Market Limiters 116
7.5 COMPETITIVE ANALYSIS 118

STENTING AND DILATION DEVICES 120
8.1 INTRODUCTION 120
8.2 PROCEDURE NUMBERS 121
8.3 ESOPHAGEAL STENT MARKET 123
8.3.1 Market Analysis and Forecast 123
8.3.2 Market for Esophageal Coated-Metal Stents 125
8.3.3 Market for Esophageal Bare-Metal Stents 127
8.3.4 Competitive Analysis 129
8.3.5 Market for Esophageal Plastic Stents 131
8.3.6 Market Drivers 133
8.3.7 Market Limiters 134
8.4 DUODENAL STENT MARKET 135
8.4.1 Market Analysis and Forecast 135
8.4.2 Market Drivers 137
8.4.3 Market Limiters 137
8.4.4 Competitive Analysis 138
8.5 BILIARY STENT MARKET 139
8.5.1 Market Analysis and Forecast 139
8.5.2 Market for Biliary Coated-Metal Stents 141
8.5.3 Market for Biliary Bare-Metal Stents 143
8.5.4 Competitive Analysis 145
8.5.5 Market for Biliary Plastic Stents 147
8.5.6 Market Drivers 151
8.5.7 Market Limiters 151
8.6 MARKET FOR ESOPHAGEAL DILATION BALLOONS 152
8.6.1 Market Analysis and Forecast 152
8.6.2 Market for Multi-Stage Esophageal Balloons 154
8.6.3 Market for Single-Stage Esophageal Balloons 156
8.6.4 Market Drivers 158
8.6.5 Market Limiters 159
8.6.6 Competitive Analysis 160
8.7 MARKET FOR COLONIC DILATION BALLOONS 162
8.7.1 Market Analysis and Forecast 162
8.7.2 Market Drivers 164
8.7.3 Market Limiters 164
8.7.4 Competitive Analysis 165
8.8 MARKET FOR DUODENAL DILATION BALLOONS 166
8.8.1 Market Analysis and Forecast 166
8.8.2 Market Drivers 167
8.8.3 Market Limiters 167
8.8.4 Competitive Analysis 168

ERCP DEVICES 169
9.1 INTRODUCTION 169
9.2 PROCEDURE NUMBERS 170
9.3 MARKET ANALYSIS AND FORECAST 171
9.4 SPHINCTEROTOMES 176
9.5 BILIARY STONE REMOVAL BALLOONS 178
9.6 BILIARY STONE REMOVAL BASKETS 180
9.7 BILIARY DILATION BALLOONS 182
9.8 BILIARY LITHOTRIPTERS 184
9.9 ERCP GUIDEWIRES 186
9.10 ERCP CANNULAS 188
9.11 MARKET DRIVERS AND LIMITERS 190
9.11.1 Market Drivers 190
9.11.2 Market Limiters 191
9.12 COMPETITIVE ANALYSIS 192

BIOPSY FORCEPS, POLYPECTOMY SNARES, AND FNA DEVICES 195
10.1 INTRODUCTION 195
10.2 MARKET FOR BIOPSY FORCEPS 196
10.2.1 Biopsy Procedures 196
10.2.2 Market Analysis and Forecast 197
10.2.3 Market for Disposable Biopsy Forceps 200
10.2.4 Hot Biopsy Forceps 202
10.2.5 Reusable Biopsy Forceps 204
10.2.6 Market Drivers 206
10.2.7 Market Limiters 206
10.2.8 Competitive Analysis 207
10.3 MARKET FOR POLYPECTOMY SNARES 209
10.3.1 Tumor and Polyp Removal Procedures 209
10.3.2 Market Analysis and Forecast 210
10.3.3 Market Drivers 212
10.3.4 Market Limiters 212
10.3.5 Competitive Analysis 213
10.4 MARKET FOR FINE ASPIRATION NEEDLES 215
10.4.1 Market Drivers 217
10.4.2 Market Limiters 217
10.4.3 Competitive Analysis 218

SPECIMEN AND FOREIGN BODY REMOVAL DEVICES 220
11.1 INTRODUCTION 220
11.2 FOREIGN BODY REMOVAL DEVICES 221
11.2.1 Foreign Body Removal Procedures 221
11.2.2 Market Analysis and Forecast 222
11.2.3 Market Drivers 224
11.2.4 Market Limiters 224
11.2.5 Competitive Analysis 225
11.3 SPECIMEN RETRIEVAL DEVICES 227
11.3.1 Specimen Retrieval Procedures 227
11.3.2 Market Analysis and Forecast 228
11.3.3 Market Drivers 230
11.3.4 Market Limiters 230
11.3.5 Competitive Analysis 231

HEMOSTASIS DEVICES 232
12.1 INTRODUCTION 232
12.2 PROCEDURE NUMBERS 233
12.3 MARKET ANALYSIS AND FORECAST 234
12.4 ELECTROSURGICAL PROBES 239
12.4.1 Overall Market for Electrosurgical Probes 239
12.4.2 U.S. Market for Conventional Electrosurgical Probes 241
12.4.3 Market for Injection-Needle Probes 242
12.5 HEAT PROBES 243
12.6 LIGATION BANDS 245
12.7 LIGATION CLIPS 247
12.8 SCLEROTHERAPY NEEDLES 249
12.9 ARGON PLASMA COAGULATION PROBES 251
12.10 ELECTROSURGICAL GENERATORS 253
12.11 MARKET DRIVERS AND LIMITERS 255
12.11.1 Market Drivers 255
12.11.2 Market Limiters 256
12.12 COMPETITIVE ANALYSIS 257

ANTI-REFLUX DEVICES 260
13.1 INTRODUCTION 260
13.2 POTENTIAL MARKET 261
13.3 PROCEDURE NUMBERS 262
13.4 MARKET ANALYSIS AND FORECAST 263
13.5 MARKET DRIVERS AND LIMITERS 265
13.5.1 Market Drivers 265
13.5.2 Market Limiters 266
13.6 COMPETITIVE ANALYSIS 268

ENTERAL FEEDING DEVICES 270
14.1 INTRODUCTION 270
14.2 PROCEDURE NUMBERS 271
14.3 MARKET ANALYSIS AND FORECAST 272
14.4 MARKET FOR INITIAL ENTERAL FEEDING KITS 277
14.4.1 Market for PEG Kits 277
14.4.2 Market for PEJ Kits 279
14.4.3 Market for PEG/J Kits 281
14.5 MARKET FOR ENTERAL FEEDING REPLACEMENT DEVICES 283
14.5.1 Market for Low Profile Balloons 283
14.5.2 Market for Low-Profile Buttons 285
14.5.3 Market for Replacement Tubes 287
14.6 MARKET DRIVERS AND LIMITERS 289
14.6.1 Market Drivers 289
14.6.2 Market Limiters 290
14.7 COMPETITIVE ANALYSIS 291
ABBREVIATIONS 294

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Litigation Hold Letter To Client

litigation hold letter to client

Short Notes for Law Students taking Professional Practice or CLP

FACTORS DETERMINING MALAYSIAN ADVOCACY

What is advocacy?

-A merger of various skills that enable a lawyer to perform properly in ct.

-Knowing how to talk

-Using the right words, intonation, style,

-Ability to ask correct questions to get the answers u aim for,

-Ability to present argument in a way to persuade judge to agree with your version of the story.

-Being good in lang w/o knowing the style is useless. Vice versa

-T/4 it’s a merger.

i.e.: Presenting case, asking question, getting info from witnesses, making statements, arguments based on research & case laws.

1st factor: The Court

1 of the factors determining Msian advocacy: ct.

• The Court System (Adversarial System)

Our ct system is adversarial in nature.

Adversarial ct system:

A system whereby both contesting parties have a duty to present their case before a judge.

-Judge’s duty – to listen to both sides b4 making a decision.

-H/e, in listening to both sides, he has a right to enquire & clarify though it’s x his duty to ask questions.

-Judge x take an active role. Only listens & guides.

-X do his own investigations & questionings.

-H/e, he can seek clarification.

-Adversarial system – judge x get involved.

-Lawyer has to present everything b4 him.

-H/e, a judge is a human being.

-Some judges are forced to take part in order to ensure that justice is done if the lawyers are x good. -There are also opinionated judges who think they are the only ones who know what to do.

-A/t theoretically a judge is x supposed to ask questions, there are some judges who ask more questions than lawyers.

-There are also judges who will x do anything & only decide based on what you say.

-T/4 lawyers / judges / mag/ SAR – make sure know what the role & duty is.

-Lawyer – know facts of case, prepare correct doc, conduct proper research & present it eloquently to judge.

-Judge – listen to what is presented, write down & clarify.

Q: How does this help improve advocacy in Msia?

1. T/4 we cn create better lawyers.

-Adversarial system expects lawyers to present their case.

-Since a judge does x hv to participate, t/4 w/t like it / x, lawyers hv to be prepared.

-Hv to be persuasive to enable you to win your case.

-How? improve skill, enhance research & klg, learn the art of arguing properly b/c even if you hv good command of language but x do any research, how to argue your side of the story.

-It forces lawyers to be fully prepared & take the resp b/c if judge himself does the investigation & ask questions, there is no need for lawyers & the adversarial system. We should just go into inquisitorial system.

-The adversarial system pushes lawyers to be better.

-That’s y adversarial system impacts on the advocacy, the capabilities, skills.

-B/c if x improve skill & capability – will lose case.

-If x do research, arg will x be strong enough.

-If x read up case law & know the latest law – arg will x be able to stand.

Inquisitorial system

- system applied in most European countries. It’s the judges who ask questions. The lawyer’s task is to just prepare the case, statement, bring witness to ct, judge will ask witness questions. If judge x happy, will conduct his own investigation.

-Both systems intend on doing justice from diff angle.

-In msia – a/t we call our system adversarial, the way judges are doing things now – hybrid of 2 systems.

-Lawyers ask questions & judges ask their own set of questions.

-Sometimes cases are postponed to enable judges & parties involved to visit the crime scene.

-At the end of the day, as judges, when they want to write their decision, they x simply use the cases u give them. There are some judges who are lazy & only read the cases you give them. There are some judges, after hearing all cases & arguments, stood down the case for decision & they do their own reading, research so that they will be happy with the decision they made.

-Esp in mag / sar ct. When make decision, chances are 1 party will appeal. As members of judiciary, no judge wants his decision to be overturned. If mag / sar -wd be embarrassing to have many cases they decided overturned at appellate state.

T/4 they hv their own pride. want to be happy in their decision so that higher ct judge agrees w it.

T/4 the ct system has an impact on msia advocacy.

2nd factor: The Judge

-The judges themselves also determine Msian advocacy.

-Sometimes, judges like your style & the way you carry yourself & the way u present your case.

-Sometimes no matter how hard you try, the judge just doesn’t like you.

-Judges impact on your ability to present your case

-As lawyers, need to know who your judges are, how he wants things done etc.

eg: 1 judge wants you to use bolder print with larger font size.

A/t your doc is x wrong, if it makes it diff for him to read your doc, he’s x gonna decide in your favour.

Even if he’s gonna decide in favor of you, will make it diff for you, like asking lots of questions & interrupting you.

-In presenting case, if judge x like the way you present, don’t push.

eg: if judge say issue x relevant etc. don’t push. otherwise, he won’t listen to you.

eg: he wants you to speak slowly so that he cn write. if you keep speaking faster, he won’t listen.

-T4 need to know judge.

-You want judge to like you & be impressed with your performance.

-H/e, don’t take judge out for dinner, golf etc.

-It’s your skill, ability, arg that helps him like you.

3rd factor: Officer of the Court

eg: ct clerks, interpreters, file searchers

-They are imp people. Don’t look down on them otherwise they won’t call your file, find your file etc

-Be friends with them so that you life is easier.

-Same with police officer, pp etc..

-But don’t bribe / ask them to do things they shd x do.

-If know them & are friendly with them – they wd also impact your advocacy.

eg: know file searcher – will find file fast . t/4 cn continue with case.

if rude to him – won’t find your file – can’t go on.

4th factor: The Counsel

Counsels also impact on m sian advocacy.

• His duties

- to himself – maintain integrity

- profession - maintain professionalism.

- client -make sure his interest is protected.

- court – ensure justice is arrived at.

• His profession – professional integrity & independence

-This juggling of duties cn impact msian advocacy. -Sometimes we forget what our main duty is.

-Sometimes we are too eager to please our client that we forget there are certain things we can’t do. eg: hide info, lie, create evid etc just b/c we want to help our client.

-A lawyer’s duties to all the diff parties cn sometimes lead him astray & destroy the effort he has made to improve his advocacy skills & msian advocacy as a whole.

-To decide which duty comes 1st, what is the most imp duty is x easy. You want to defend client & protect his interest but at same time want to ensure justice is arrived at.

-If client is innocent, t/4 you’re fighting for justice & client.

-If client is guilty – prob. If he refuses to plead guilty & want u to defend him & get him out of trouble – then u may be denying justice.

-T/4 the role & duty to self, profession, client, ct – hv to balance properly so that u x transgress & do something x allowed.

-No specific way. But if you x go vs client’s instruction & x lie to ct – then u wd hv successfully  maintained your integrity, professionalism & at end of the day, w/e the ct decides, u hv tried ur best the right way.

-U hv the right to advice client b4 commencing proceeding & b4 taking up defence.

eg: he has committed offence. need to plead guilty etc.. as long as hv told client the truth & if he still x want to listen to your advice – then it’s out of your hands.

8 lamps of Advocacy

Honesty

Courage

Wit         -to remain alert and observant; be prepared for anything

Eloquent-having or exercising the power of fluent, forceful, and appropriate speech

Tact        – skill in dealing with difficult or delicate situations.

Industry

Judgment

Fellowship

RETAINER

What is the meaning of retainer?

A contractual relationship between a solicitor and his client, in return for proper remuneration, the solicitor provides legal services to the client.

Can a minor retain a lawyer?

No because generally retainer involves capacity to enter into contract, which a minor is not able to enter into contract. However, a minor can do so through guardian ad litem

Can a lawyer refuse to be retained? Why?

Yes, there are several good reasons for a lawyer to refuse:

1. Where the client instructs (expressly / impliedly) to carry out an unlawful act
2. If retainer exists, there will be conflict of interest
3. There may be breakdown of relationship of confidence & trust
4. Where there may be possibility that the client fails to pay his legal fees.

How many types of retainers are there?

There are 2 types of retainer:

1. Express retainer
   1. Written retainer – existence of written retainer avoids misunderstanding
   2. Oral retainer – it can be orally agreed to retain a lawyer
   3. Implied retainer

The court may imply a retainer for the facts of the case

Are rights of an accused person in criminal case the same as the rights of a defendant in civil case with regard to appointment of a retainer? Why?

The right of accused person to appoint a retainer is different than civil. The right to appoint a lawyer may be delayed by the police. This is because the presence of a lawyer during interrogation may interrupt the interrogation. However, the police needs to justify the reason for the delay to avoid being sued for violating accused person’s constitutional rights.

Under what circumstances it would be considered as “an interference with retainer”?

1. When the lawyer acts for 2 parties in the same matter
2. When the solicitor or his firm act for 1 client and another client in different matter but their interests conflict.
3. When the client instructs that he wants the lawyer to deal with his matter, but the lawyer asked his assistant to deal with the matter.

What would be the effect if there is an interference with a retainer?

There may be a conflict of interest.

Can a client terminate a retainer?

Yes, upon conclusion of the matter.

What needs to be done before withdrawal or termination of retainer?

Solicitor will inform the client about how much to be paid and bill the client.

PREPARATION FOR TRIAL

Personal preparation

• Knowledge of fact

You need to know facts of case at tip of fingertips. So, conduct your own interview. Lawyers need to know whole story. When you know the facts well, it will give you idea on how to come up with arguments.

• Knowledge of law

When you know facts, you will know what area of law involved in your client’s case. Then, you need to do research on that area of law

• Knowledge of procedure

There are different court structures. Different courts involve different procedures. So you need to know procedures involved in dealing with the case. Where procedures are correctly followed, it will make the judge’s job easy. Judge is also a human and when you make him feel good, he will help you. When procedures are followed, it will make it easier to move to your arguments on points of law.

• Legal Research

Research must be done personally and thoroughly. When research is well done, you will feel more confident in your argument. This will strengthen your knowledge of law and you will know how to suit it with facts of your case.

• Preparation of course papers – civil litigation. (Bundles of Documents, Pleadings & Authorities)

Criminal cases do not have many documents. Only FIR, IO report (if any) charge sheet (if any). other relevant reports if any lawyers acting for @ x even hv to file a stmt of def. if x want to file notification that you hv been engaged to represent @, just go to ct on that day & stand up inform ct that you are representing the @.

Civil matters – lots of documents have to be prepared.

1st document you have to prepare is notice of demand.

2nd. – if not comply with notice of demand- issue summons, SOC.

if high ct – soc hs to come writ of summons

if lower ct – soc comes on its own.

3rd – affidavit of service

Summons has to be served. So other side knows that summons has been filed

4th – Defendant must enter appearance & file SOD.

If Plaintiff has no good case, normally file summary judgment

Courts like things all structured & in order.

They will then ask you to prepare bundles.

Bundles in court:

1) bundles of pleadings

This includes SOC & SOD

O18  ROHC – pleadings

-x mention about affidavit

affidavit – set of facts prepared by parties involved to support their application & x the claim itself.

Therefore, affidavit is x a pleading & x included in bundle of pleadings

2) bundles of docs

med reports – claim w regard to accident.

agmt – claim for ctt

land title – claim for land matters

will – claim under probate / w regard to issuance of probate

many kinds of docs.

these docs are doc evid.

if ptf – to prove case

dft – to disprove case

ptf hs set of docs. dft hv sets of docs.

2 ways of preparing bundles of docs.

nice lawyers wd share docs. ptf wd send their docs to dft & ask if dft agree if they refer to the docs.

dft then send their docs to ptf & ask if ptf object

wd come to consensus whereby the 1st set of doc – agreed bundle of docs. sometimes there are docs which u x agree – wd be suicidal to your case to agree – non agreed bundles.

sometimes, there are categories of docs where u agree docs exist but x satisfied w content. t/4 u hv a 3rd category – agreed to doc but subj to maker being called

eg: agree the med report exist but want to call doc to ask about extent of injury.

u agree there is injury. but x satisfied w written report.

b/c agreed bundles of doc – if both parties agree, u dispense w need to call the maker.

t/4 usually in morning of hearing, lawyers go early & at that time agree on certain docs.

prob b/c sometimes lawyers need to consult w client.

t/4 best to do early.

Bundle of authorities

Case laws that u want to refer in hearing.

Sometimes u will find lawyers putting in copies of statutes / sections relevant to hearing.

However, chapters of books / extracts of journals are only persuasive authorities. Judges are not bound to follow opinion of authors.

Witness

• Lists
• Interview
• Advice on procedures

Need to know facts because need to prepare in mind the plan as to how you’re going to conduct your prosecution.

If you are acting for defendant – need to plan how to defend client.

Witnesses – no 1 type of witnesses. Some can withstand a lot of questioning. Some tend to be forgetful.

Once you have their story, their stmt, prepare a written stmt because you can’t depend on your memory, mistake may happen.

Some lawyers would say that you need to get your witness to read the witness stmt b/c just in case he changes his story in ct. with the stmt he has signed, u can impeach your witness.

However, our attempt is x to destroy his reputation but to prove our case. Need to be nice to our witness. Don’t destroy your own witness.

Once you have the story & witnesses has been identified, you need to have a list of what elements to be proven, which’s to be called to prove the elements.

Once hv list of witnesses, also need to advice witness on what the procedure is like. Need to make them confident & comfortable with the idea of being in court. need to make them feel they are safe in your hands.

Some witnesses – no matter what you say, no matter how important he is / how crucial his testimony is, some refuse to go to court.

So, Subpoena can be issued to summon the witness requiring their attendance.

if subpoena issued & served on witness , he has to attend. If he fails to attend, he would have committed contempt

Therefore it forces witness to go to ct whether he likes it or not

h/e, sometimes, it can do more harm than good. Especially when you have a witness who refuse to cooperate.

eg: he can say he forgot about the accident.

t/4 hv to be careful. try your best to persuade wtns to come willingly. if hv no choice but to issue subpoena – be careful about it.

service of subpoena can be done by the ct. can get the help of police officers / own clerk / yourself to serve.

Witness is x bound by law to help. Can refuse to help / say x know / x see anything.

if hv no choice – last resort = impeaching your witness.

h/e, your aim is x to destroy his character / credibility.

ur aim is to prove your case.

but if hv no other choice, when put him on stand, he x support your case.

if can’t correct wrong caused by hostile witness – no other choice but to impeach.

• Negotiation and Settlement

Nowadays more lawyers are avoiding hearings.

They go for ‘win-win situation’.

Some lawyers ask client 1st whether he wants lawyer to negotiate for a settlement.

Some go into negotiation 1st & once have initial offer, only then will go to client & ask w/t accept settlement / x.

vice versa. If he wants to go for hearing although he may x get as much after winning the case, the problem may still not be settled.

CASE PRESENTATION

Presentation of the case

You should come early to court. It makes you relax & not in rush. Also, you may do a last minute negotiations with the other lawyer (can still record settlement as long as judge x make decision. By coming early to ct- allow you to make last minute negotiations before trial itself)

When you stand up for your case, if acting for plaintiff, need to 1st introduce yourself, whether as lawyer for ptf / chambering student.

it’s professionally ethically correct for you to intro counsel for other side.

It’s best to go to ct early, intro yourself, find out their name even if settlement can’t be reached you’d at least hv the name.

it shows you have proper ethics, shows that you hv a mindset of a professional to intro counsel for other side.

if u x intro them, it’s left to the solicitor to introduce himself. This is unprofessional.

if you’re solicitor for dft & you hv already been introduced by ptf, DON’T intro the other side.

In presenting your case in ct, there are times when judge will ask you questions.

So, answer the questions.

if hv script -may miss some points when judge interrupt.

Don’t expect judge to wait for you to get to the point. Answer his question straightaway regardless w/t you hv x reach that point in y our submission yet.

prob: hvg scripts.

you’d be religiously reading script.

when judge ask qstn. u’ll lose track of where you were.

So, try to stop hvg script. If too dependent on script might get in trouble.

also when in script – judge is up there.

you’re hiding your face among the pages.

look at judge. eye contact is very important.

it’s easier for a person to gauge your demeanor & ascertain w/t you’re telling the truth if there’s eye contact.

Therefore having a script will x help you if you’re too engrossed in content of script.

t/4 hv point form.

don’t let the script run the way you conduct your case.

in presenting the case to ct, only 1 lawyer stand at any one time. If it’s ptf’s turn, ptf stands.

If you are submitting, the judge asks question to defendant’s lawyer, you have to sit down & defendant’s lawyer has to stand & answer the question

At all times, when presenting case b4 ct, maintain your posture.

Don’t put hands in pants pocket because it is an extreme sign of rudeness

The most you can do for a while is put in coat pocket.

Grip the podium, table, book etc.

Court attendance

• Time / punctuality

Be punctual

If late, but interpreter nice & likes you, he will x call your case 1st. He will wait for you to come in court room before call case.

Worst case scenario is when interpreter x like you & you are not around when he calls your case. The worse that could happen is the judge could order summary judgment or strike off your claim.

If you’re lucky – interpreter likes you / judge allows case to be stood down / case be postponed.

even if case postponed – x nice because you’ve spent 1 week preparing case etc. if postponed for 4 months – you can’t remember & will have to prepare again. It’s a waste energy & time.

if witnesses from overseas & hv paid them airfare & allowance to come. but b/c you’re late, case postponed. Witneses x going to refund their money. You have to pay for their expenses.

Conduct in court

• Attire

You must be properly attired in court = following requirements.

Guideline issued by Malaysian bar with regard to attire.

When properly attired, u feel confident.

Your client will also be confident of you

h/e, x all judges are tolerant with mismatched attire.

some judges will tell you in private your mistake but some will just embarrass you in ct.

to be called up & corrected b/c you’re x properly attired is embarrassing.

even after your case is stood down & you’ve changed clothes – u can’t perform properly later. You will lose confidence

• Address

You should know how to address the court. Diff ways to address the ct.

how to address

mag: tuan magistate

sessions ct judge – tuan hakim

high ct judge – yang arif

appellate ct judge – yang amat arif

SAR (tuan/penolong kanan pendaftar) – tuan / puan

never try to be over polite by saying YA tuan magistrate.

u think u’re being nice & respectful.

it’s like you’re equating the high ct judge w mag / sessions ct judge. it’s an insult. They’re x the same level.

in addresting ct, hv to intro yourself.

intro of chambering student:

“Dengan izin tuan mag, saya Mahyuddin bin Daud, pelatih dlm kamar di firma tetuan Mahyuddin, Norlaili & Associates menyebut bagi pihak…..”

Remember, as a chambee, you are only mentioning on behalf of your master, not representing the client. S 36(2) LPA provides limited right of audience to appear in ct to do certain things on behalf of firm / master.

Thus, if 1st timer in court, prepare a script.

When you hv script – do x hold it up. b/c when you’re scared, your scrip will shake.

put it on table.

if hand shaking – gentleman – never put hand in pocket – absolute sign of rudeness.

don’t put hand in coat pocket.

just hold on to bar table & put hand down.

Bar table big enough x to shake & at same time says you’re confident.

• Attitude towards the court

Be respectful to judge. Even if you know him outside ct. You’re x respecting the person him but to the bench, the establishment he represents.

When u disagree w judge – “I beg to differ”

When want to express opinion which is diff from judge – hv to ask his permission

“I beg to differ – YA, izinkan saya nyatakan bahawa pandangan saya berbeza dengan pandangan YA.”

Never show that you’re upset / show your anger. Don’t stand up & voice your adverse opinion to judge. It may amount to contempt of ct.

• Adjournment

Adjournment / postponement. It is different from stand down.

Having a case stood down – hvg case postponed for a few hours on same day. ie: postpone case to same day diff hour.

or stand down the case.

Sometimes when hv a lot of cts to go to, ask this ct to stand down case 1st b/c u hv case in high ct.

then go to high ct. Therefore your case  will be called later in the day.

adjournment / postponement

postponing case to anor day.

Postponement is x advisable. it’s x encouraged.

Rule says u ought to be ready on date of hearing.

Rule says if u already hv case, x supposed to take any other cases.

But there are times when u hv no choice. sometimes, esp in high ct, they will x listen to you.

eg: u hv case fixed today but judge hv somewhere to go t/4 they issue u a letter saying that the case is  postponenment to anor date. ie fix a date for you w/o gvg u a chance to say you hv already hv anor case on that day. without asking you

DON’T ASSUME YOU’RE GONNA GET POSTPONEMENT

don’t get anor lawyer from anor law firm to mention on your behalf. Client might x agree. Confidentiality issues

also, mentioning on behalf – lawyers normally don’t hv the file.

“YA, saya menyebut bagi pihak tetuan xxx kes untuk perbicaraan. saya diarah untuk memohon penangguhan.”

if judge x agree, will ask case to proceed.

the lawyer x know what the case is all about. But judge now deems him the lawyer in charge.

Therefore never assume postponement will be granted.

In situation where you need to ask for P, ct req that you send at least a letter 7 days b4 hearing itself.

write in & request for postponement.

ct might consider if u hv anor case.

if death / sickness – x know in advance u will be sick / dead on that day. It’s something you ask on the spot.

e.g.: client hospitalized will be good excuse.

but some judge will proceed with other witness 1st

but normally, it’s ill health, being warded is a good excuse.

being sick is something that will necessitate you going to ct / sending a friend on that day & saying u need postponement b/c lawyer in charge is sick.

However, some judges require MC from government hospitals.

So, you need to know your judge. Don’t just ask postponement for no good reason.

TRIAL PROCEDURE

• Civil and criminal trial

-basic difference

1. Civil

Cases between private individual & does not involve State unless state is a party to it

- civil modes of commencement= writ of summons, SOC etc.

1. Criminal

-btwn state n indv= the aggrieved person doesn’t charge d accused themselves, but they make a police report.

-State commence d action for/or on behalf of the party= governed by CPC

• Opening statements

-it’s not about introducing counsel because this is opening address.

-Opening statement is u set up d road map/ plan.

Plan= with regard to introducing evidence (what u intend to prove)

Why do u hv opening statement? To have d judge interested in hearing d case.

- opening statement must be attention grabbing, judge will listen to u better if its interesting.

• Preliminary objections

- meant to settle issues for e.g. competency of d judge, jurisdiction of the court.

- is this d same as objection?

Preliminary objection is before trial, objection is during trial.

Eg: objection on misleading, irrelevant, opinion question, speculation.

Misleading= u ask a question which leads to yes or no answer

Irrelevant= if this has been raise, u ask for permission/ opportunity for the judge to allow u to ask this ques in order to build a case. And the ques is necessary. Explain to d judge on the relevancy of the ques

Opinion ques= question which needs an opinion of the witness, and that witness is not an expert so he is of no position to give opinion

During objection, u should “half stand”, because only 1 lawyer should stand when addressing the judge.

• Examinations-in-chief;

Leading ques is not allowed in examination. Can’t ask our own witness leading ques, but u can ask leading ques during cross examination.

• cross-examination;

U attack the credibility of witness. Sometimes defence counsel wud start d cross to tarnish d reputation to witnesss by being nice. Defence wud be friendly, so witness will be relax, then once u ask a q which will tarnish d witness, then the witness will straight away be panic.

• Re-examination.

Its d last chance to correct whatever wrong done thru d cross exam.

It is best for u to tell tge witness what will happen at cross exam. U caution d witness. Caution him not to panic.

Documentary Evidence

• Duty not to mislead

• Closing statement (submission)

-The chance gvn to solic (ptf/dft) to conclude the hearing.

(after all W called, evid tendered, every1 hs been heard).

-It’s 1 last chance for solicitor to summarize everything that has been put forward before the ct to enable them to persuade the ct to agree w their side of the story.

Submission cn be done orally / in writing.

Depends on the judges & to a certain extent, the preference of the lawyer themselves.

Senior lawyers – prefer oral submissions – once hearing finishes, the counsel stands up to do submissions straightaway. Off the cuff based on their memory, short notes w/o any written text.

Junior lawyers – prefer written submissions – b/c

i. confidence

ii.  command of the language

iii.  klg of the law.

Written submission

When the case is finished, court will allow time for lawyer to go back & prepare written submission in a month’s time.

Therefore you have time to read notes again, check everything said by W, re-read authorities, re-think how want to draft argument in submission to make sense.

once drafted, can check for errors, so that flow, lang, arg = correct.

=plus points

h/e, since hv been gvn time, the other side will also be gvn time. they cn check on the facts, re-read on the law, check on the drafts.

oral submission

Stand up & do it. once it’s done, over & done with.

But if command of lang x good, might come out wrongly & say things u x mean to say.

Formation of sentences hs to be good.

Also, u might hv misread the authorities.

plus point – if hv good point, hv identified certain flaws in other side’s case, u stand up & say it & he might x hv time to recover. to cover all the discrepancies he hs made in the hearing.

if written – wd be thinking about it all the time.

writing a written submission is x easy.

prob w written submission

- u hv many cases, t/4 in mind, few cases playing around. Few cases that u hv to prepare written submission.

if you’re the kind that writes everything down properly, can refer to notes & be confident in what the note says.

if you’re the type of lawyer who speaks of the cuff & no notes, sometimes, u may confuse the cases.

Judge has everything down in his notes of proceedings. When u raise issues not stated in your written argument, judge will not consider it.

• Judgment [taken direct from Shazana’s notes]

Types of j/m

i. judgment in default

ii. summary j/m

iii. final j/m

iv. consent j/m

judgment of default

2 types

1. j/m in default of appearance

if dft fails to file an appearance / notice of appearance

Nasha aziz case – has filed appearance. lawyer hs filed stmt of def but on hearing date, she did x turn up t/4 ct issued j/m in default of appearance.

2. j/m in default of defence

dft fails to file statement of defence

summary j/m

a defence hs to be filed but the ptf in reading the statement of def feels that there is no defence. x a def worth going for full hearing. sham defence

t/4 file interlocutory application in form of SIC supported by affidavit.

cn also get j/m if prove it’s a sham defence.

j/m by consent

when both parties agree to terms of j/m.

by consent, u record the j/m agreeable to both parties.

j/m after final hearing

after judge hs heard both sides & considered all evid & arguments.

in hearing, if dft fails to turn up, j/m in default cn be gvn.

if he’s x happy w it, cn set aside the j/m.

he can’t appeal vs JID b/c no hearing, no notes of evid, no proceeding.

can’t ask for judicial review after JID b/c nothing to review. only after at least hearing hs been done. judicial review – u ask anor judge to hv a look at the case again & to come at a diff decision.

can’t appeal b/c JID is gvn b/c

i. x turn up

ii. no defence

t/4 what is there to appeal vs.

ptf if x turn up in ct – claim cn be struck off.

can’t set aside. but apply for reinstatement.

or when reinstatement is disallowed by ct, hv to quickly file anor statement of claim.

will get anor set of case no, t/4 must gv excuse to client y case no hs changed.

cn say that ct hs added more cts & reshuffled the case numbers.

the law = j/m hs to be pronounced.

the j/m hs to be announced in ct / read in ct.

if the judge, after reading everything, & prepare j/m falls sick / transferred & can’t come on day of decision / dies.

the j/m can be pronounced by some1 else. cd be by anor judge / registrar of HC.

if judge x hv time to prepare j/m & dies,

judge replacing cn choose to read the records of evid & derives a j/m from whatever is there. but sometimes the notes taken by the judge is x complete, t/4 he has a right to recall certain W to clarify matters. (also, judge may x write the demeanor etc.)

he also hs a right to declare the case de novo & start again. – x good.

the best is to recall certain key W & rehear certain evid.

j/m hs to be pronounced.

x hv to be the person making the decision pronouncing the j/m.

if x happy with j/m cn set aside if JID.

can appeal if after final hearing.

Q: what date goes on the j/m?

the date it’s pronounced but ct cn order anor date to be used. (O.42? RHC / in sub ct rules)

• Appeal

O.55 & 56 of RHC

cn appeal to higher ct if x happy w decision.

from mag & session – to HC.

can’t appeal from from mag to sess b/c sess ct hs no appellate jurisd.

if case heard b4 SAR (in HC) & u’re x happy w his decision – appeal to HC judge in chambers.

only if x happy w decision of HC judge in chambers – can request for an appeal to be heard in open ct.

look at various orders to see time limit, what docs hv to prepare.

but basically, often the prob lawyers hv is x with the notice of appeal. but prob with grounds of j/m. b/c judges hv habit of pronouncing j/m w/o preparing grounds of j/m.

if to COA / Fed ct – be prepared.

junior lawyers seldom appeal there. highest – HC.

b/c judges know law at their fingertip & it’s in English.

CONTEMPT OF COURT

• What is contempt?

Offence of being disobedient / disrespectful to the ct of law / to its officers.

judge gvn power & hs jurisd to cite lawyers for contempt.

if up to judge – where to draw the line? what’s the guideline?

guideline to show an action / disobedience is contemptuous

criteria judge uses – if interferes with the administration of justice, you cd be in contempt.

prob: no law to say what is contempt.

It depends on the judge.

t/4 contempt – the law says ct hs jurisd. judge hs power to cite someone for contempt.

if otr party involved in proceeding feels that some1 in the proceeding is contemptuous, he could apply by way of motion for that person to be cited for contempt by the judge even if the judge x cite / x incline to cite the person for contempt.

e.g.: lawyer quarreling with judge. Lawyer has set of questions to ask witness & judge says its x relevant.

However, you might have a good reason. So, politely say “I beg to differ YA. I understand from your point of view it might appear as irrelevant but please bear with me. Please allow me to ask this question & you will see that once the answer is given, it will unveil its relevancy.”

This sway, you’re still telling the judge that u know what you’re doing, but in a polite way. So, it is not contemptuous.

• What are the types of contempt?

• criminal contempt
• civil contempt

Civil contempt

-Failure to apply w ct’s order.

If interferes with administration of justice, you may commit contempt

Criminal contempt

3 categories:

i. contempt in the face of the court.

Most prevalent contemptuous act b/c it’s contemptuous action that takes place during proceedings when the ct is in proceeding. When u’re in ct room.

certain acts / omission / behaviors / words were uttered that could put in certain position for contempt in the fact of the ct.

ii.  subjudice comments

Comment made before judgment has been reached. Especially if it’s publicized. cd affect the proper deliverance of justice.

The test is whether the comment tends to interfere with due course of justice

iii. Comments to scandalise the ct or the judge in his judicial capacity.

e.g.: make scandalous comment about how bald the judge is, may be contemptuous but won’t fall under this category b/c no matter how scandalous comment is, it’s x in his judicial capacity.

but if say that the judge x know the law & needs to go back to law school, that is contemptuous.

Scandalous comments depends on 2 things:

i. language – words used / uttered

ii. actions – cd be your facial expression, body language.

What are the procedures regarding contempt?

Whoever being cited for contempt has the right to know the nature of his contempt.

O.52 RHC

in contempt proceedings, there is 1st the right to be heard. The contemptnor will be given a right to explain his action

Depending on w/t judge feels explanation is acceptable / x after hearing it, if he accepts, everything over & done w. if x accept, 2nd element = right to purge the contempt.

Purge – tender an unreserved apology.

The contemptnor – if judge x happy w his explanation hs to be gvn the right to purge

if fail to purge the contempt – judge hs right to send you to prison.

- to be cited for contempt is x good for professional image. Adverse opinion may be formed of you.

Someone else beside a judge can cite a person for contempt. How?

i. apply for ct’s permission for you (a layperson) to cite someone for contempt by way of ex parte application supported by an affidavit.  the affidavit shd state the name & description of application, name, description, address of contempnor & grounds of application. it hs to be supported by verified facts.

only when hv leave from ct cn u apply for contempt proceeding thru a notice of motion.

once hv permission from ct, only hs 14 days to file his motion in ct.

if fail to file w/in 14 days from day which ct gv permission, the leave lapse.

What is the position of a judge that misbehaves?

Unfortunately, in our RHC, LPA – no procedure that lays down ways for lawyers dissatisfied with judge to cite a judge for contempt.

eg: judge keep interfering. say all qstn irrelevant. lawyers allowed to ask for him to put it on record in notes of proceeding the fact that you’re objecting his behavior, his interruption.

There’s a way where u can complain against a misbehaving judge. The judiciary has a bureau / dept that deals w misbehaving judges.  u write your complaint, gv reasons & justifications & notes of proceedings where u insist he writes & it can be used as proof

possible conseq: if he’s a judicial commissioner – won’t be confirmed as a HC judge.

if he’s a sub ct judge – will be sent to ‘cold storage’ – sent to drafting dept / sent to Kelantan / Sbh & Swk.

members of profession hv no right to cite a judge for contempt.

PROFESSIONAL NEGLIGENCE IN CONVEYANCING

It is a failure by a professional to exercise care & skill of a professional level expected of a professional.

e.g.: you were asked to do something but x do it

Person who relied on your professional capability has suffered a loss.

Thus, there may be issues raised such as:

i. issue of professionalism

ii. question of reliance – person relied on you as  a professional

iii. Damage – loss / phys inju suffered / tainted reputation

Profesional negligence in conveyancing

negligence hs a lot to do w duties as lawyers.

You owe duties to:

i. client

(main duty b/c pay legal fees)

ii. other party (to certain extent)

- a/t supposed to hv a lawyer to protect their interest, we also owe them a duty to a certain extent.

iii. profession

Duties of lawyer in conveyancing

1.  Interviewing client

- conduct interview to get info, instructions

conduct relevant searches

-land office, bankruptcy office, registrar of co office, registration office,advise client w regard to situation

-w/t advisable / x to proceed

-what they hv to do 1st b4 proceed

-correspondence

-writing letters

-prepare / draft docs & vetting docs

- signing, stamping, registration,

-fees

-undertaking

-money hold on trust on behalf of client

S.117(4) LPA

a/t u might enter into an agreement w client to exclude your liability for negligence, that is void & ineffective.

t/4 u can’t deny / exclude your client’s right to sue you if you happen to be professionally negligent.  even if he agrees.

R. 2 SRO

remuneration etc – solic’s right.

right always come hand in hand w duty

r. 5

allowed to charge interest on top of legal fees if p/m made late

-also a right

r.6

no discount

- duty to client & to profession. uphold dignity of profession

r. 7

can’t act for more than 1 party

-duty to client & profession.

Things that could go wrong:

1. in interviewing

- client says 1 thing, lawyer understands something else.

-client says 1 thing, lawyer writes down somethign else

- client talks to clerk. clerk writes whatever he understands. He gives it to lawyer who never sees client.

that’s y when talk to client, ask for name, add, IC, IDT, S&P, Deed of assignment, so that u can countercheck spelling, pronunciation.

Even if you interview & if u take & act on instructions wrongly, if client depends on your instruction

eg: client says 1 lot no, but u wrote down anor.

u conduct search on wrong lot & find out belongs to some1 else & tell client don’t buy b/c vendor is a liar. client depends on your advise & refuse to buy.

2. Conduct searches

1984 1 MLJ 126

-lawyer found to be in negligence b/c hd she conducted a search, wd find out that the prop client wants to buy is subj to acquisition.

H: failure of lawyer to conduct a search is negligence. L hs to pay compensation to client for loss suffered.

if take instruction wrongly & search on wrong prop.  if search wrongly at bankruptcy office (get wrong IC number). u search & find the vendor is x a bankrupt but he actually is. client will suffer a loss

3. Give legal advise

search hs to be proper, results obtained, law up to date b/c advising your client is 1 of the strongest ground for client to sue for negligence.

clients are x professionals & depend on you. they trust you.

eg: Chinese wants to buy prop from w/in Malay reserved area.

u advise client to set up co & co cn buy

this is wrong advise b/c co is x a malay. it hs to go & apply to land office to be gazetted as a mally

shd just advise client to get vendor to apply to sell to non malay – cheaper & faster & easier.

if client hd set up co & spent $ & if application to be a malay co denied

client hd relied & acted on your advise & suffered loss.

3. Drafting of documents

Lawyer who x cover all bases

eg: malay selling to non malay  -no clause to protect w/t consent required etc

eg: default clauses – in event purchaser fails to pay, vendor cn forfeit deposit but no default clause for vendor.

- if clause x protect client’s interest

4. Signing, registration of docs

eg:

-lawyer fails to sign agmt

-fails to explain t&c of agmt prior to signing

-lawyer signing on behalf of client – prof neg & also crim charge – forgery

-lawyer allowing doc to be signed somewhere else

-attesting doc that hs already been signed

(what if person who signed is x a person who’s supposed to sign)

-late stamping – pay penalty – 4x

-registration of discharge & transfer – prop discharge transfer x done.

-docs all with you. only went to land office w discharge form. forgot transfer & charge. caveat entered in b/w.

5. Undertaking (written promise)

breach of promise cn create liability for lawyers. cd cause you to be cited for contempt

eg: issue undertaking x to use doc & u use it, when u issue undertaking to say u will x let other ppl know the content of the agmt & u let them know -contempt.

issue undertaking to undertaking something & x do so- breach of duty. client cd sue you for negligence – cn report u to disciplinary bar – disciplinary proceeding.

6. Holding money on behalf of client

-if misappropriating the funds – CBT, disciplinary charges, etc but x prof neg

- x prof neg

-prof neg – failing to follow client’s instructin w regard to use of $

-client’s instruction to hold retention sum for 18 months b/c of defect liability period. but lawyer released the $ to developer after 6 mths = breaching client’s instruction.

-relesaed installment payment to developer / contractor w/o getting cert from engineer to say that percentage of completion hs reached certain stage.

Negligence in court

-for as long as you do your duty (try your best), even if you lose – they can’t sue you for negligence.

Finance and Banking
The SEC recently approved amendments (the “Amendments”) to Part 2 of Form ADV, the form that investment advisers (“Advisers”) use to register with the SEC and state securities regulators.