1. According to the case scenario in which Annalise Keating who is a licensed paralegal, conducts an interview for hiring a full time paralegal position. There are six practice management violations committed by Annalise are as follows: • The first practice management violation committed by Annalise is an issue of discrimination under Human Rights Code, pursuant to section 2.03(4) of Paralegal Rules of Conduct. Based on the fact situation, an interviewee notices a box in her application form that asks to indicate the number of children she has along with their age(s). It is because Annalise does not like to hire candidates with young children who would be always late for work and first to leave at the end of the day. Annalise, as a licensed paralegal, shall respect the requirements of human …show more content…
rights laws in force in Ontario without restricting the generality of the foregoing grounds of the Human Rights Code such as race, ethnicity, gender, sexual orientation, creed, marital status, family status, ancestry, age, disability, record of offences. Moreover, according to section 2.03(7) of Paralegal Rules of Conduct, Annalise shall ensure that her employment practices do not offend this rule. • The second practice management violation committed by Annalise is in accordance with Rule 7.01(3) of Paralegal Rules of Conduct. It explains as there were three clients booked for 9a.m. appointment and when her receptionist, Lisa mentioned Annalise about her clients are waiting for her, she replied her in discourteous and impolite manner. Annalise wanted Lisa to tell to her clients to wait for her because they used to wait for doctors and dentists as well. She shall not use offensive, abusive or inconsistent language of a professional communication. • The third practice management violation committed by Annalise is breach of confidential information of client pursuant to Rule 3.03(3) of Paralegal Rules of Conduct. Annalise failed to keep the client’s information confidential because in the mid of an interview, she throws the client’s file to at an interviewee to review. The file contains the name of the client, his contact information, and the details of the offence as well as his driving abstract. It is her obligation to protect her client’s information whether it is relevant or irrelevant to the matter. • The technology plays a vital role in supporting client service expectations and practice management. The fourth is an issue of technology. As per the fact situation, Annalise upon asking by an interviewee about the types of software programs that she use in her practice, she said she does not spend any extra money on useless computer programs. In addition, she stores her clients’ information in Lisa’s file but only after the payment made by client as a retainer fee of $10,000.00 and she judges the seriousness of clients on this basis. Pursuant to Guideline 5 of Practice Management Guidelines, she should consider the use of information technologies that support the clients’ service analytically, conscientiously, diligently and in a timely and cost-effective manner such as spreadsheet software and more. Furthermore, based on Guideline 5.7 of Practice Management Guidelines, it refers that by using electronic means of communication ensures that the licensee complies with the legal requirements of confidentiality or privilege. In addition, guideline 5.11 and 5.12 explains that the licensee shall ensure to have back-up files and information in an electronic form will be accessible in the future. It should be stored safely and properly. • The fifth violation is in regards to courtesy and professionalism. Annalise is not professional as she lacks integrity and civility in accordance to Rule 2.01 and Guideline 1. She has broken the trust of the client, she has acted unprofessionally as she discussed the facts of the case without the written consent of the client with another person. Annalise walked out after handing the file with client information, handing the file was a breach and then not supervising was another breach. Annalise lacks high ethical and moral principles, as she is willing to threaten the defence paralegal for the benefit of her client. • The sixth violation would be in regards to office policies and procedures, once a client file is opened it should be stored away in a locked area out of reach. Annalise should have a system in place to keep a back up of all the files on hand in case of an emergency or missing document. She should have in place a software program that has client files and then a paper copy. As well as, as soon as a client comes in for a consultation Annalise should open a file and document the conversation that took place, so in case they do not return or sign a retainer she can send them a non-engagement letter in accordance to Guideline 5(3). 2. The three breaches of relevant legislation committed by Michael and Dwight are as follows: • Michael and Dwight implemented “Keystroke Logger”, an anti- spyware program that will record all outgoing email messages sent by there employees at the firm, but they have not notified there employees about the implantation of this program. The PIPEDA privacy principle that is violated in this situation is the privacy principle of consent and openness. According, to this principle the knowledge and consent required when an organization collects, uses, or discloses personal information, and it must be in such a way that the individual clearly understands. Also, how all the policies and procedures need to be openly available to everybody. Michael and Dwight’s obligations towards there employees in this situation would be to send an email, or memo to inform all there employees about the new “Keystroke Logger” program to be implemented. • Dwight has been planning to purchase some filing cabinets, and also fireproof cabinets, but he has no time and they are too expensive to buy. Therefore, all the closed files are stored in labeled, cardboard boxes, and stored by the stairwells and emergency exits. The PIPEDA privacy principle of safeguard has been violated in this situation. Personal information shall be protected with security protection appropriate to sensitivity of the information. Dwight should have put the boxes somewhere else in the office instead of putting them the stairwell of an emergency exists. Also, he should organize them properly in cabinets so they don’t get lost and also due to confidential information in them. In addition, client files should be stored in a place where no outside person can see them. • Michael and Dwight have implemented a new policy where there employees get a break at the end of the day, after there 7.5 hours shift and also that way they will get to leave early from work. Michael and Dwight have violated section 20 of the Employment Standards Act. According, to that a employer must give there employees break time of 30 minutes after a shift of 5 hours. Michael and Dwight’s obligations towards there employees in this situation would be to inform all there employees about this new policy. If they had conflicts about it they should have negotiated to solve those problems to meet the needs of both the employees and the employers (Michael and Dwight). 3.
According to the following case scenario, the most important five delegation errors pursuant to By-Law 7.1 of the Law Society Act, are as follows: • The first delegation error is in accordance with section 4.2 (a) and (d) of By-Law 7.1 of the Law Society Act. It explains on the fact situation that Bella Swan who is a licensed paralegal, involved in a trial that is quiet long, her placement student, Edward Cullen meets with a prospective client, and he drafts, signs and sends a retainer agreement to the new client on Bella’s behalf. However, as a licensed paralegal, Bella shall not permit Edward to accept a client on her behalf. Moreover, she shall ensure that Edward does not act without her instructions. • The second delegation error is in accordance with section 4.2(c) of By-Law 7.1. Bella instructs Edward to draft a Charter application related to an issue from her hearing. Although Edward specified her that he is not confident to draft an application because he did not pay much attention to his classes. Bella still assigned him to complete the application. Bella should not assign tasks and functions to a non-licensee (Edward) if he is not enough competent to
perform. • The third delegation error include section 4(2)(h) of By-Law 7.1 because after the instruction given by Bella to Edward to meet with an existing client on deportation hearing. Edward listens to his client’s version of events and takes a final decision to his client’s case. In this situation, Bella shall ensure that Edward does not act finally in respect of the affairs of her client. • The fourth delegation error is in pursuant to section 4(2)(g) and section 6 (1)(e) of By-Law 7.1 because according to the fact situation that Edward does not bother Bella for signatures on her client’s documents and without her signatures, he sends invoices to client whose money is unpaid. This is Bella’s delegation, it is her obligation, and she must have complied with Edward that she must review the documents other than a routine document before forwarding to the clients. • The fifth delegation error is in pursuant to section 1(1) of By-Law 7.1, that referred to non-licensees and it explains that as Bella assigned tasks and functions to Edward such as, drafting, and meeting with a client, Bella should be the one to do it since, Bella is the licensed paralegal. Therefore, she made an error of delegation in this scenario. References: • (By-Law 7.1) By-Law 7.1. (2015, 06 25). Retrieved 11 21, 2015, from: http://www.lsuc.on.ca/WorkArea/DownloadAsset.aspx?id=2147485777 • (Canlii) Employment Standards Act, 2000, SO 2000, c 41. (2015, 11 16). Retrieved 22 11, 2015, from Canlii: https://www.canlii.org/en/on/laws/stat/so-2000-c-41/latest/so-2000-c-41.html?autocompleteStr=empl&autocompletePos=1 • (The Law Society of Upper Canada, 2014) The Law Society of Upper Canada. (2014). Retrieved from http://www.lsuc.on.ca/For-Lawyers/Manage-Your-Practice/Technology/Technology-Practice-Management-Guideline/#5.3. • (The Law Society of Upper Canada, 2014) The Law Society of Upper Canada. (2014, October 1). Retrieved from http://www.lsuc.on.ca/paralegal-conduct-rules/. • (10 PIPEDA privacy principles) The 10 Privacy Principles of PIPEDA. (2015, 02). Retrieved 23 11, 2015, from PRIVACYSENSE.NET: http://www.privacysense.net/10-privacy-principles-of-pipeda/
Hatch, Scott A., Hatch, Lisa Zimmer. Paralegal Career For Dummies. Hoboken, NJ: Wiley Pub., 2006. Print.
Peter Paralegal is employed by Honest Law Firm and has been instructed by his supervising attorney to prepare and conduct initial interviews with two potential clients to see if a conflict of interest is present. Big Box and Value Mart are competitors and are requesting representation by Honest Law Firm on matters that are unrelated to one another. Peter Paralegal was also asked to perform tasks related to the cases such as; prepare questions and conduct initial interviews, explain legal fees arrangements, establish the attorney-client relations, draft initial pleadings and responses, interview witnesses, draft and sign initial case evaluation letters.
The role of nurse practitioner in the Canadian healthcare system is relatively new compared to the traditional roles of doctors and registered nurses, and as with any new role, there are people who oppose the changes and others who appreciate them. Some members of the public and the healthcare system believe that the addition of the nurse practitioner (NP) role is an unnecessary change and liability to the system because it blurs the line between a doctor and a nurse; this is because nurse practitioners are registered nurses with additional training (usually a masters degree) that allows them to expand their scope of practice into some areas which can be treated by doctors. Other people feel that nurse practitioners can help provide additional primary care services, while bridging communication between nurses and doctors. There are always legitimate challenges to be overcome when changing a system as complicated as healthcare,
The cost of Medical equipment plays a significant role in the delivery of health care. The clinical engineering at Victoria Hospital is an important branch of the hospital team management that are working to strategies ways to improve quality of service and lower cost repairs of equipments. The team members from Biomedical and maintenance engineering’s roles are to ensure utilization of quality equipments such as endoscope and minimize length of repair time. All these issues are a major influence in the hospital’s project cost. For example, Victory hospital, which is located in Canada, is in the process of evaluating different options to decrease cost of its endoscope repair. This equipment is use in the endoscopy department for gastroenterological and surgical procedures. In 1993, 2,500 cases where approximately performed and extensive maintenance of the equipment where needed before and after each of those cases. Despite the appropriate care of the scope, repair requirement where still needed. The total cost of repair that year was $60,000 and the repair services where done by an original equipment manufacturers in Ontario.
I have been given full authority to resolve this matter with Mr. Napier. After agreeing to the above chain of events, Mr. Napier still contends that he is entitled to full compensation as his contractual obligations were fulfilled. PADD is willing to compromise and pay a portion of the fee. However, because of the nightmare that Mr. Napier’s misconduct caused, is not willing to pay the contract in full. The compromise set forth in the negotiations are: PADD will pay Mr. Napier $5,000 and Mr. Napier will release a statement saying in part that he is not in any way affiliated with the non- profit
Dimension of Nursing Practice: Practice- Provides leadership in the application of the nursing process to patient care, organizational processes and/or system, improving outcomes at the program or service level.
...ll as property (Enquiry, p28)." From this point of view, such actions would be wrong.
Sullivan, E. J. (2004). Becoming influential: A guide for nurses. Upper Saddle River, NJ: Pearson-Prentice Hall.
The Paralegal Professional, A reference to the source of legal information chapter 1 and lettures from class powerpoints.
"U.S. Constitution | LII / Legal Information Institute." LII | LII / Legal Information Institute. Web. 03 May 2011. .
There are 3 possible roles that a third party can assume in a disagreement between two members
The legal issue in the McBeth versus Carpenter case involves the question of whether James Carpenter’s purchase and selling of the Texas property, without notifying Sandra McBeth, constitutes a breach of fiduciary duties under the limited partnership contract. The rule of law in this case is the fiduciary duties of partners under the law of limited partnerships (LP). A Limited Partnership is a public and formal process that must follow statuary requirements. The formation of the LP contract must have at least one general partner and one limited partner along with a signed certificate of limited partnership (Cross & Miller, 2015). The general partner is responsible for management of the partnership and full responsibility
Interpretation of this case with the help of above two case is done in a very detailed and interesting manner with clear position. He says that when agency is pre-existing, the provisions of necessity should be an expansion of the agent’s obligations and rights attached to his authority, allowing Sheen J’s balanced examination. Hence no need to create an authority rather evaluate it within that network of rules. In case, agent exceeds his actual authority, the rules of apparent authority should be applied. This approach would let principles of agency to operate in their own context simultaneously acknowledging that, outside a pre-existing agency, claims for reimbursement should be
In this research paper, it will cover six different kinds of discriminations which happened in various types of human resource practices, such as hiring, promotion, job assignment, termination, compensation, and various types of harassment.
An agent was defined by L. Alverstone in The Queen v Kane as ‘any person who happens to act on behalf of another’. In the situation between Chris and Ken the agency was created by an express oral agreement between the principal and an agent. K was authorised to act on C’s behalf to find out the best price obtainable for a bag of gemstones. C limited K’s authority with no authorisation given for the actual sale of chattels. If an agent acts outside his actual authority, he may be liable to his principle for the breach of contract and to the third party for a breach of implied warranty of authority. However, the situation where the principle is not disclosed and there is no written contract as such, the principal might have to bear the losses