Relevant bibliographies by topics / Duty solicitor

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Duty solicitor'

Author: Grafiati
Published: 4 June 2021
Last updated: 2 February 2022

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Journal articles on the topic "Duty solicitor"

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Boothby, Carol. "Duty Bound? Court Possession Schemes and Clinical Education." International Journal of Clinical Legal Education 7 (July 18, 2014): 58. http://dx.doi.org/10.19164/ijcle.v7i0.98.

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<p>The opportunity to take part in the local County Court hearings of repossession cases arose around 3 years ago, the same time as I joined the University of Northumbria as a solicitor/ tutor working in the Student Law Office. I wanted to keep up my own hands-on skills as a solicitor, and so grasped this opportunity with enthusiasm. It has been an invaluable teaching tool as part of student’s experiences within the student law office, but only recently have I stopped to take stock of the nature and value of this experience, and to consider more carefully the aims and objectives, from the Student Law Office point of view, in taking part in this.</p><p>This paper looks at experiences with students at court repossession days, and the messages we are giving students when we expose them to this type of work – are we moving closer towards clinical legal education with a social justice agenda? And what do we get out of these court days as a student learning experience. </p>
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Szwejkowska, Małgorzata. "Tajemnica adwokata i radcy prawnego jako szczególny rodzaj tajemnicy zawodowej w postępowaniu karnym." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 29 (2020): 405–20. http://dx.doi.org/10.15584/znurprawo.2020.29.28.

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Although the principle of the confidentiality between client and attorney or solicitor is only one among many other professional duties of confidentiality, its nature is exceptional. Especially in the context of its legal regulation and a notion of controversy towards it. The main aim of the article is to analyze bodies of law that recognizes the duty of confidentiality between an attorney or a solicitor and their client, with particular focus on the regulation of the legal acts that allow the organs in criminal procedure to exempt the lawyer form a duty of professional confidentiality. Within the articles not only statutory law provisions has been analyzed but also norms of a corporate nature. The articles stress also that exists a dichotomy in the perception of the issue not only among professionals but also by the legislator himself.
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Byesyeda, H. V. "Characteristics of cognitive fctions in judicial control proceedigs." Uzhhorod National University Herald. Series: Law, no. 63 (August 9, 2021): 245–50. http://dx.doi.org/10.24144/2307-3322.2021.63.43.

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The article is sanctified to research of problem questions of cognitive activity of inquisitional judge in judicial control realization in pretrial investigation. Certain limits of activity of inquisitional judge are in the process of finishing telling during realization of judicial control, and set forth a conclusion, that an inquisitional judge is an active subject in criminal realization on the stage of pretrial investigation, that conditioned by both the tasks of criminal realization and features of judicial control. Duty of court, including inquisitional judge, in relation to providing of principle of contentionness of parties and absence of duty to take participating in finishing telling is important, but not qualificatory during realization of discretionary plenary powers an inquisitional judge in the process of finishing telling. It is thus accented, that activity of inquisitional judge must be directed not in support of or refutation of the proofs given by the subjects of finishing telling, but on finding out of circumstances, establishment of that is a necessity for consideration of solicitor or complaint essentially and acceptance of legal, reasonable and explained judicial decision.Participation of inquisitional judge is analysed in the process of assembly of proofs, and set forth a conclusion, that an inquisitional judge carries out the activity, sent to "providing" of proofs of parties of criminal realization or representative of legal entity in relation to that realization comes true. It is suggested to make alteration to КПК and give a right to the inquisitional judge at consideration of any solicitor, statement or complaint on own initiative to hear any witness or investigate any materials of criminal case.Certain features of verification and estimation of proofs by an inquisitional judge during realization of judicial control. It is marked that an inquisitional judge at a decisionmaking carries out the estimation of proofs, taking into account the article of consideration, and requirements set in КПК in relation to the necessity of circumstances of wellproven. Investigational problem questions of application of part are 2 articles of 89 КПК in judicial control realization and a conclusion is reasonable in relation to impossibility by an inquisitional judge during judicial control to acknowledge proofs "obviously" impermissible.
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Villios, Sylvia. "Will drafting – clarifying the scope of the duty owed by a solicitor to a client and to the intended beneficiaries in Australia." Legal Ethics 19, no. 2 (July 2, 2016): 328–30. http://dx.doi.org/10.1080/1460728x.2016.1243861.

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Pearce, Robert. "BRIBES, SECRET COMMISSIONS AND THE MONTE CARLO GRAND HOTEL." Denning Law Journal 26 (September 25, 2014): 274–80. http://dx.doi.org/10.5750/dlj.v26i0.933.

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It is a core feature of agency – where one person contractually agrees to act on behalf of another – that the agent owes a duty of loyalty to his principal. This means that an agent must disclose to his principal any profits or gains which he stands to make personally from the transaction involved. An agent is not allowed to receive a corrupt payment such as a bribe to act in a way which is not in his principal’s interest. Indeed, to prevent an abuse of the relationship, even if an agent does not act corruptly, he cannot retain any personal profit made in a transaction relating to his principal unless that profit (for instance an additional commission) has been disclosed to and approved by the principal. So, in Boardman v Phippsa solicitor who made a large profit for a trust was prevented from keeping the profit he made for himself because it had not been agreed by all the trustees and beneficiaries. It was never suggested that he acted dishonestly.
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Abu Bakar, Baharuddeen. "Scrutinising the Developer's Sale and Purchase Agreement by the Purchasers’ Solicitor as required by Section 84 of the Legal Profession Act 1976 - Part II." IIUM Law Journal 27, no. 1 (June 29, 2019): 1–33. http://dx.doi.org/10.31436/iiumlj.v27i1.467.

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This article was conceived by as an object lesson on how Islamic teachings may be incorporated into the Civil law to improve its moral contents. It was written in memory the author’s son Muhammad Zayd bin Bohorudin (1985-2017), advocate and solicitor, and alumnus of the Ahmad Ibrahim Kulliyyah of Laws (‘AIKOL)’. It is a continuation of Part I, published in the IIUM Law Journal Vol. 26 (2) 2018. In this part, the issue of constitutionality of the developer using the purchaser’s property to secure loan is discussed. It furthermore examines the defects and weaknesses in the operation of several clauses in the Act to the purchaser. Other key issues discussed are the criticism on the house purchase loans, the purchase price and other expenses, the post-execution position of the purchaser as beneficial owner, construction issues, and the developer’s first duty, namely to give clean title to purchaser. At a later part of the article, the position of purchasers in relation to the abandonment of the housing estate, foreclosure, private sale and other disasters are scrutinised. Purchasers’ rights pertaining to the completion of the construction, transfer and registration of the house, as well as their right to life vis-à-vis housing matters are assessed.
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Vorobei, A. O. "ISSUES AND PROSPECTS FOR IMPROVEMENT IN SIMPLIFYING THE PRE-TRIAL INVESTIGATION." Actual problems of native jurisprudence 1, no. 1 (March 2, 2021): 111–15. http://dx.doi.org/10.15421/392124.

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The article deals with the problematic issues of pre-trial investigation of criminal offenses, under investigation by the units of the National Police of Ukraine, have not been studied in the scientific literature. The author of the article points out the problems of the legal status of a head of an inquest body, the author's definition of this term is given and proposed changes to the current criminal procedural legislation, which should eliminate legal gaps. Considered the inconsistencies of the current criminal procedural legislation in terms of regulating the order of attachment for seizure of the property during the pre-trial investigation of criminal offenses. Analyzed judicial practice on this issue and proposed changes to legislation according to the needs of practice, what consist release from a duty side of prosecution to apply with a solicitor about the arrest of property during pre-trial investigation of criminal misconducts. With the aim of non-admission of abuses of law enforcement authorities by the right, it offers in the head of 25 criminal procedural code of Ukraine to envisage a right for persons in that property is temporally withdrawn or such property belongs that, apply in a court with a solicitor about verification of validity of exception and storage of material proofs by the side of prosecution and to require a transmission on storage to them of such material proofs. The drawbacks are noted in establishing the terms of pre-trial investigation of criminal offenses, which are caused by the need to conduct psychiatric and other forensic examinations, it is proposed to provide in the Criminal Procedure Code of Ukraine for an inquiry period of 2 months from the moment a person is informed of suspicion. The author's specified legal inconsistencies in the issue of regulating the conduct of a search during an inquiry, it is indicated that there is a need to standardize Articles 234–236 of the Criminal Procedure Code. Due to fact that the activities of the inquest bodies of the National Police of Ukraine are noticeably inefficient, it is proposed to introduce a shortened inquiry procedure in order to implement the principle of economy in the criminal process and saving resources used during the pre-trial investigation.
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Oderberg, David S. "The Ethics of Co-operation in Wrongdoing." Royal Institute of Philosophy Supplement 54 (March 2004): 203–27. http://dx.doi.org/10.1017/s1358246100008511.

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There are a number of ways in which a person can share the guilt of another's wrongdoing. He might advise it, command it or consent to it. He might provoke it, praise it, flatter the wrongdoer, or conceal the wrong. He might stay silent when there is a clear duty to denounce the wrong or its perpetrator; or he might positively defend the wrong done. Finally, he might actively participate or cooperate in the wrongdoing. These various activities, apart from cooperation, typically occur before or after the commission of the wrong itself, only provocation being essentially before the fact. As such they fall into the categories of seduction or comfort, seduction being essentially pre-commission and comfort post-commission. In seduction (mutatis mutandis for comfort), the seducer typically leads another into doing wrong who has not definitely made up his mind. He does not assist in the commission, but he leads to its occurring. If the principal (as I will call the one who commits the wrong) has made up his mind, actions which might otherwise amount to seduction are best characterized as amounting to scandal, since they do not lead to wrong but reinforce the principal in his wrongful intent or provide to third parties a bad example since they connote approval of the principal's action. Closely related to the concept of seduction is that of solicitation, though perhaps these are best thought of as two aspects of the same kind of activity. Seduction can be thought of as a strong form of inducement to wrong, typified by command, counsel (where the seducer knows the advice is likely to be relied upon) and enticement through praise or provocation. Solicitation is a softer form of inducement typically involving requests, appeals, and invitations. Whereas the seducer or solicitor leads another into wrong but does not assist in its commission, the co-operator does not lead the principal into wrong but assists in its commission.
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Yalof, David A. "Double Duty - Richard L. PacelleJr: Between Law & Politics: The Solicitor General and the Structuring of Race, Gender and Reproductive Rights Litigation. (College Station, TX: Texas A&M University Press, 2003. Pp. xvi, 342. $50.00.)." Review of Politics 66, no. 4 (2004): 710–11. http://dx.doi.org/10.1017/s0034670500040080.

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Burden, Kit, and Peter Gregoire. "E-mail, privilege and a solicitor's duty of confidentiality." Computer Law & Security Review 15, no. 5 (September 1999): 311–13. http://dx.doi.org/10.1016/s0267-3649(99)80066-1.

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Dissertations / Theses on the topic "Duty solicitor"

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Cashman, Peter Kenneth. "Legal representation and the outcome of criminal proceedings in magistrates' courts." Thesis, University of London, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.322284.

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Books on the topic "Duty solicitor"

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Bridges, Lee. Twenty-four hour duty solicitor experiments in Birmingham and Northamptonshire. [s.l: s.n., 1985.

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Verteidigernotdienst im strafprozessualen Ermittlungsverfahren: Eine rechtsvergleichende Untersuchung zur Übertragbarkeit der britischen Duty Solicitor Schemes auf das deutsche Strafverfahren. Frankfurt am Main: P. Lang, 1992.

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Opie, Anne. The "general practitioner" in the courts: Changing organisational environments and the operation of the duty solicitor scheme : a report. Wellington, N.Z: Legal Services Board, 2000.

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Barker, Julie. Rotherham duty solicitors: Their work, and views on the operation of the magistrates court solicitor scheme. 1993.

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5

1952-, Sanders Andrew, and University of Birmingham. Faculty of Law., eds. Advice and assistance at police stations and the 24 hour duty solicitor scheme. [London?]: Lord Chancellor's Department, 1989.

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The Legal Advice and Assistance (Duty Solicitor) (Remuneration) (Amendment) Regulations 1995 (Statutory Instruments: 1995: 951). Stationery Office Books, 1995.

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The Legal Advice and Assistance (Duty Solicitor) (Remuneration) (Amendment) Regulations 1992 (Statutory Instruments: 1992: 639). Stationery Office Books, 1992.

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Britain, Great. The Legal Advice and Assistance (Duty Solicitor) (Remuneration) (Amendment) (No. 2) Regulations 1996 (Statutory Instruments: 1996: 647). Stationery Office Books, 1996.

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1952-, Sanders Andrew, Great Britain. Lord Chancellor's Department., and University of Birmingham. School of Law., eds. Advice and assistance at police stations and the 24 hour duty solicitor scheme: A report to the Lord Chancellor. Birmingham: University of Birmingham School of Law, 1989.

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Keogh, Andrew. The CLSA Duty Solicitors' Handbook. The Law Society, 2002.

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Book chapters on the topic "Duty solicitor"

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Herring, Jonathan. "8. Negligence and lawyers." In Legal Ethics. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198788928.003.0008.

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This chapter examines the circumstances in which a barrister and solicitor can be sued in negligence or for breach of contract. Clients can sue a solicitor based on the law of contract, the law of fiduciary duty, and the law of negligence. In general, a client is going to face an uphill battle in suing a solicitor or barrister. In relation to a breach of contract, it can be difficult to establish the breach of reasonable skill. In relation to negligence, proving breach of a duty of care and the causation of a loss is problematic.
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Abbey, Robert, and Mark Richards. "14. Post-completion procedures." In Property Law 2020-2021, 175–91. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198858409.003.0014.

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Conveyancing practitioners, whether they are acting for the seller or the buyer, still have much to do once completion has taken place. However, the buyer’s solicitor will have more work to do, as in most transactions acting on behalf of the buyer means after completion dealing with the possible payment of stamp duty land tax and then registration of the title and/or transfer. So far as the seller is concerned, if there is a mortgage, paying off any lender is required, as well as accounting to the client for the net proceeds of sale. This chapter considers all these post-completion procedures.
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Abbey, Robert, and Mark Richards. "14. Post-completion procedures." In Property Law 2019-2020, 175–91. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198838531.003.0014.

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Conveyancing practitioners, whether they are acting for the seller or the buyer, still have much to do once completion has taken place. However, the buyer’s solicitor will have more work to do, as in most transactions acting on behalf of the buyer means after completion dealing with the possible payment of stamp duty land tax and then registration of the title and/or transfer. So far as the seller is concerned, if there is a mortgage, paying off any lender is required, as well as accounting to the client for the net proceeds of sale. This chapter considers all these post-completion procedures.
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Richards, Mark. "14. Post-Completion Procedures." In Property Law, 179–95. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192844309.003.0014.

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Conveyancing practitioners, whether they are acting for the seller or the buyer, still have much to do once completion has taken place. However, the buyer’s solicitor will have more work to do, as in most transactions acting on behalf of the buyer means after completion dealing with the possible payment of stamp duty land tax and then registration of the title and/or transfer. So far as the seller is concerned, if there is a mortgage, paying off any lender is required, as well as accounting to the client for the net proceeds of sale. This chapter considers all these post-completion procedures.
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Davies, Paul S., and Graham Virgo. "14. Fiduciary Obligations." In Equity & Trusts, 668–722. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198821830.003.0014.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with a definition of fiduciary relationships as presented by a retired judge of the High Court of Australia, Sir Anthony Mason. According to Mason, the relationship is a ‘concept in search of a principle’. Fiduciary relationships are voluntary, and some relationships, such as solicitor–client, are well recognized as fiduciary in nature. However, fiduciary relationships can arise in a wide variety of situations. A fiduciary owes a duty of loyalty to his or her principal, always acting in the best interests of said principal. Fiduciary obligations are strict, and any profits made by the fiduciary in breach must be disgorged to his or her principal. Where the profits are made from property that rightfully belonged to the trust, a constructive trust may be imposed upon the profits.
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"Breach of duty." In The Law of Solicitors’ Liabilities. Bloomsbury Professional, 2020. http://dx.doi.org/10.5040/9781526505323.chapter-002.

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Sime, Stuart. "2. Funding Litigation." In A Practical Approach to Civil Procedure, 10–21. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198858386.003.0002.

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This chapter discusses the issue of funding litigation. Solicitors have a professional duty to advise clients on litigation funding options. The advice and agreed funding method should be confirmed in writing in a ‘client care letter’. Most commercial clients pay their lawyers under the traditional retainer, normally with an agreed hourly rate. Conditional free agreements (CFAs) or ‘no win, no fee’ agreements allow a lawyer to agree not to charge the client if the proceedings are unsuccessful, but to charge an uplift or ‘success fee’ of up to 100 per cent over the solicitor’s usual costs if the proceedings are successful. Damages-based agreements (DBAs) are a form of contingency fee agreement under which the lawyer is paid out of the sums recovered in the proceedings. Public funding through legal aid is restricted to individuals with modest income and capital, and there are wide exclusions from the scheme.
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Sime, Stuart. "2. Funding Litigation." In A Practical Approach to Civil Procedure, 10–21. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198838593.003.0002.

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This chapter discusses the issue of funding litigation. Solicitors have a professional duty to advise clients on litigation funding options. The advice and agreed funding method should be confirmed in writing in a ‘client care letter’. Most commercial clients pay their lawyers under the traditional retainer, normally with an agreed hourly rate. Conditional free agreements (CFAs) or ‘no win, no fee’ agreements allow a lawyer to agree not to charge the client if the proceedings are unsuccessful, but to charge an uplift or ‘success fee’ of up to 100 per cent over the solicitor’s usual costs if the proceedings are successful. Damages-based agreements (DBAs) are a form of contingency fee agreement under which the lawyer is paid out of the sums recovered in the proceedings. Public funding through legal aid is restricted to individuals with modest income and capital, and there are wide exclusions from the scheme.
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Sime, Stuart. "2. Funding Litigation." In A Practical Approach to Civil Procedure, 10–21. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192844521.003.0002.

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This chapter discusses the issue of funding litigation. Solicitors have a professional duty to advise clients on litigation funding options. The advice and agreed funding method should be confirmed in writing in a ‘client care letter’. Most commercial clients pay their lawyers under the traditional retainer, normally with an agreed hourly rate. Conditional free agreements (CFAs) or ‘no win, no fee’ agreements allow a lawyer to agree not to charge the client if the proceedings are unsuccessful, but to charge an uplift or ‘success fee’ of up to 100 per cent over the solicitor’s usual costs if the proceedings are successful. Damages-based agreements (DBAs) are a form of contingency fee agreement under which the lawyer is paid out of the sums recovered in the proceedings. Public funding through legal aid is restricted to individuals with modest income and capital, and there are wide exclusions from the scheme.
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Hornby, Simonetta Agnello. "The Children Act 1989: Success or failure." In Perinatal Psychiatry. Oxford University Press, 2014. http://dx.doi.org/10.1093/oso/9780199676859.003.0029.

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Heralded as the most progressive legislation of the world, the Children Act of 1989 revolutionized children’s law in England and Wales. It is underpinned by six principles: the supremacy of the child’s interest in all decisions concerning their upbringing and education; the recognition that it is best for any chid to be brought up by their blood family, that his religious and ethnic background must be respected, and that siblings should not be separated; the abolition of the stigma of illegitimacy and its replacement with the attribution at birth of paternal responsibility to the child’s father; the unification of public and private law, and the creation of the ‘menu’ of Residence, Contact, Prohibition, and Specific Issue orders available to the court; the establisment of the new principle that time is of the essence in all cases relating to children; and the creation of the presumption that ‘no order is better than an order’ thus the ingerence of the court must be minimal. I believed in those principles and in the benefits that the Children Act would bring to my clients—children and parents alike. I had some reservations: the system was expensive to implement on two counts: first, it gave the child a ‘guardian’ (a qualified social worker appointed by the court through CAFCASS, a governmental agency), as well as their own solicitor paid for by Legal Aid, as was the representative of the parents, who had the right to instruct independent experts; second, because its requirements of social services and other agencies involved further training and increased resources, as well as further involvement of the judiciary, and increased court time. Hornby and Levy were at the forefront of its implementation: our entire staff received in-house training that was open to other disciplines, within the spirit of cooperation between agencies that permeated the Act and its implementation. I also lectured in Britain and abroad and was proud to tell others that social services were under a duty to keep families united, rather than removing children from parents, and make efforts to return to the family the child removed from it, or if this failed, to place the child within the extended family, or with adoptive parents, within a year.
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Conference papers on the topic "Duty solicitor"

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Li, Zhen, and Chao Zhang. "Studies on Duty Solicitor System Comparison Between China and Other Countries." In Proceedings of the 4th International Conference on Contemporary Education, Social Sciences and Humanities (ICCESSH 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/iccessh-19.2019.418.

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Backus, Oscar. "Installation of Refurbished (Used) Gas Turbines for Utility Application Utilizing State-of-the-Art Improvements." In ASME 1989 International Gas Turbine and Aeroengine Congress and Exposition. American Society of Mechanical Engineers, 1989. http://dx.doi.org/10.1115/89-gt-174.

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Four Pratt and Whitney FT4C-1 Twin Pacs manufactured in 1971 and purchased new by an electric utility (Portland General Electric) were sold in 1986 to the City of Austin Electric Utility to provide 200,000 KW for Austin’s system peaking requirements. The equipment was refurbished and reinstalled for the City of Austin and was declared commercial in September, 1988 for a total installed price of $155/KW. The equipment was provided by Energy Services Inc. (ESI) with complete refurbishment and incorporation of state-of-the-art improvements. The base bid for the equipment included complete installation, check-out, start-up and training and was evaluated against competing new equipment bids for similar services. This paper, written by the user, discusses the utility decision to solicit bids for both major types of gas turbine equipment (heavy duty and aircraft-derivative), method of evaluation, key construction points, state-of-the-art improvements, and emissions test results.
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