Rule 4-7.2 (b) (1) (f) states that fields of law in which the lawyer practices is permissible to be included in advertisements. However, under the same rule subdivision (c) (6) is included the Communications of Fields of Practice the lawyer who is not certified by The Florida Bar, by another state bar with comparable standards, or an organization accredited by The Florida Bar may not be described to the public as a "specialist" or "certified” or any similar variation. A lawyer may indicate that the lawyer concentrates in, focuses on, or limits the lawyer's practice to particular areas of practice as long as the statements are
But these are limited in use to certain circumstances. The binding part of the judgement is called the ratio decidendi and later courts are bound to follow legal principles on which the decision was based if their case contains similar facts, as for example, in Donoghue V Stevenson (1932) a precedent was set that a customer could sue a manufacturer in negligence. Obita Dicta (other things said not directly related to the decision or dissenting judgements), are persuasive rather than binding precendents, as seen
Even though “in some jurisdictions, paralegals are permitted to assist clients in preparing certain documents.”(Goldman, Thomas. F & Cheeseman, Henry. R 2011 pg.44) But that can be a tricky situation because Sally would have to know the law on that subject pertaining to the state she resides in. Legally I do not think there is anything Sally can do to help Molly maybe except tell her she needs to talk to a lawyer or get one of those self-help kits that have legal forms in them. Since Molly says she cannot afford a lawyer she needs to look into whether or not her state offers free legal services or advice.
Should Public Administrators be restricted to only laid down rules in discharge of their duties or should they have some amount of discretion? Derek Brown Grantham University Abstract Should public administrators be restricted to only laid down rule in the discharge of their duties as espoused by Max Weber or should they have some amount of discretion? What are the benefits and disadvantages of each? Discussion First one must ask, what is administrative discretion? Administrative discretion is the exercise of professional expertise and judgment, as opposed to strict adherence to regulations or statutes, in making a decision or performing official acts or duties.
Since lawyers are held to the ethical standards of the Model Rules, non-lawyers are given an unfair advantage as discussed below. II. The UAAA The Uniform Athletes Agent Act (“the UAAA”) is a model state law that provides a means of regulating the conduct of athlete agents. In most cases, the UAAA, as enacted requires an athlete agent to register with a state authority, typically the Secretary of State, in order to act as an athlete agent in that state. During the registration process, an athlete agent must provide important background information, both professional and criminal in nature.
Consent theory is a theory which attempts to explain how an individual has consented to the laws that the government has formed. There are two main types of consent. Express consent is when an individual has given a direct and explicit response to show consent whereas tacit consent is when the presence or absence of particular acts are taken as signs of consent. Both these types of consent offer an explanation as to why an individual is morally obliged to obey the law. In this essay I will further examine how and why consent explain why an we are morally obliged to obey the law.
Discuss the extent to which judges do create and develop the law. Numerous different judges have different views on to what extent judges have creativity within the legal system, such as Lord Simons who believed he judges job is to administer justice according to legislation made my parliament and in common law old principles should be applied to new circumstances, therefore his view is that judges should not be creative, as it isn’t there job. On the contrary Lord Radcliffe believed that judges do create law, however felt it should be on the quiet, so the public don’t lose respect for the judiciary and legal system. Finally Lord Devlin opposed the overruling of the supreme court, as all lower courts are bound to it and that it would turn them into “undisguised legislators” which is the job of parliament, not of the judiciary. The traditional view of the law making process is that parliament makes the law though acts of parliament, as they are democratically elected to make law, whereas judges aren’t so they merely apply it in court to the cases presented to them.
The president and CEO of the Leadership Conference on Civil and Human Rights, Wade Henderson, and leaders of other groups hope that pressure from the automotive companies will convince lawmakers that Alabama’s immigration bill will be a “major black eye for Alabama.” My opinion on the Alabama anti-illegal immigration law is a harsh one. In my opinion, if they’re not a legal United States citizen, they shouldn’t get anything at all. The provisions in Alabama’s law do not seem to be unconstitutional or discriminating. Illegal immigrants should not be allowed to go to state and federal funded public schools, take jobs from United States citizens; they should not be able to do anything until
Katelynn Stenoff LAWS 110 OND Colm Brannigan By Katelynn Stenoff LAWS 110 OND Colm Brannigan By What Clients want from their Lawyers What Clients want from their Lawyers As I sat and read the article called “What Clients really want from Their Lawyers” written by Milton Z. Zwicker, I was drawn to the idea of what clients really do desire from their lawyers. We all know that lawyers should be trustworthy and most definitely should be able to excel at their job, but what now, in this current time, do clients really need from their lawyers. The article, mentioned above, brought up many decent points on how one wants a lawyer to “listen to them”, how one “wants to be informed” and how one may want a lawyer to be available when need be. Although I do agree with all of these points, I believe in these recent days a lawyer is expected to do much more. From my personal experiences with lawyers, I have very high expectations when walking into a lawyer’s office.
Meaning if you don’t have a lawyer then the government shall appoint one to represent you or pay your legal expenses to find one. (Wiki, 2012) the sixth amendment allows several options such as Choice of counsel, Appointment of counsel, Conflict-free counsel, Ineffective assistance of counsel and Pro Se representation. (Wiki, 2012) the right to counsel applies all through the criminal process. State courts must provide counsel at trial to indigent defendants who face even the possibilities of incarceration-and who are charge with any type of crime not just a felony. (Siegel & Worrall, 2010) all defendants have their right to their own counsel and even represent themselves then they waive their right to have an attorney.