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Relevant bibliographies by topics / In-house lawyer

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Academic literature on the topic 'In-house lawyer'

Author: Grafiati

Published: 4 June 2021

Last updated: 15 February 2022

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Journal articles on the topic "In-house lawyer"

1

Pomerance, Philip L. "The Ethical Health Lawyer." Journal of Law, Medicine & Ethics 33, no. 2 (2005): 375–79. http://dx.doi.org/10.1111/j.1748-720x.2005.tb00503.x.

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Health care may be the most regulated industry in the United States, at least in terms of the volume of State and Federal laws and regulations that affect business practices. Lawyers who counsel health care clients often face a dilemma: is the client seeing legitimate advice about the legal limitations on his or her conduct, or is the client seeking to use the lawyer's skills to evade the law? The history of health care fraud prosecutions involving lawyers and other professional advisors in recent years makes this an issue of more than academic interest. The well publicized case of U.S. v. Anderson, in which health care counsel faced charges as co-defendants for purported kickback violations, the recent prosecution of Ernst & Young for allegedly aiding Medicare fraud on behalf of client hospitals, and the recent indictment and conviction of an in-house lawyer in a national durable medical equipment fraud case, make clear that the wrongful use of legal advice by health care clients can lead to significant criminal and civil charges against attorneys.

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최창귀. "The Ethics of the In-house Lawyer." Seoul Law Review 19, no. 3 (2012): 1–38. http://dx.doi.org/10.15821/slr.2012.19.3.001.

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Sladič, Jorg. "Professional secrecy and legal professional privilege." Maastricht Journal of European and Comparative Law 25, no. 2 (2018): 188–207. http://dx.doi.org/10.1177/1023263x18773680.

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Legal privilege and professional secrecy of attorneys relate to the right to a fair trial (Article 6 European Convention on Human Rights (ECHR)) as well as to the right to respect for private and family life (Article 8 ECHR). The reason for protecting the lawyer via fundamental rights is the protection of fundamental rights of the lawyer’s clients. All legal orders apply legal privileges and professional secrecy; however, the contents of such are not identical. Traditionally there is an important difference between common and civil law. The professional secrecy of an attorney in civil law jurisdictions is his right and at the same time his obligation based on his membership of the Bar (that is his legal profession). In common law legal privilege comprises the contents of documents issued by an attorney to the client. Professional secrecy of attorneys in civil law jurisdictions applies solely to independent lawyers; in-house lawyers are usually not allowed to benefit from rules on professional secrecy (exceptions in the Netherlands and Belgium). On the other hand, common law jurisdictions apply legal professional privilege, recognized also to in-house lawyers. Slovenian law follows the traditional civil law concept of professional secrecy and sets a limited privilege to in-house lawyers. The article then discusses Slovenian law of civil procedure and compares the position of professional secrecy in lawsuits before State’s courts and in arbitration.

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Hamin, Zaiton, Saslina Kamaruddin, and Wan Rosalili Wan Rosil. "“Trust me; I’m your lawyer”: Lawyers’ Reporting Duty under AML/ATF Law in Malaysia." Journal of ASIAN Behavioural Studies 3, no. 10 (2018): 1–8. http://dx.doi.org/10.21834/jabs.v3i10.298.

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 Lawyers have always been vulnerable to be misused by money launderers as one of the potential vehicles for such criminals to conduct their illegal activities. Given such issues, the Anti-Money Laundering and Terrorist Financing Law in Malaysia imposes an obligation on lawyers to report any suspicious transactions to the regulator. Adopting a content analysis method, this paper examines such obligation and the impediments to such reporting. Lawyers’ reluctance to comply with their reporting duties could be attributed to the culture of confidentiality and the fear of erosion of the client-lawyer privilege. Keywords: Money laundering; Reporting Obligation; Gatekeeper; Client-lawyer Privilege eISSN 2514-7528 © 2018. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open-access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/jabs.v3i10.298

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Kilian, Matthias. "To Be a Lawyer or Not To Be a Lawyer, That is the Question: The German Federal Social Court's Views on In-House Lawyers." Legal Ethics 17, no. 3 (2014): 448–53. http://dx.doi.org/10.5235/1460728x.17.3.448.

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Stefanelli, Justine N. "EXPANDING AKZO NOBEL: IN-HOUSE COUNSEL, GOVERNMENT LAWYERS, AND INDEPENDENCE." International and Comparative Law Quarterly 62, no. 2 (2013): 485–92. http://dx.doi.org/10.1017/s0020589313000043.

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Following on from its judgment in Akzo Nobel,1 the Court of Justice of the European Union (CJEU) on 6 September 2012 delivered its judgment in Prezes.2Prezes expanded the decision in Akzo Nobel, which held that communications between a client and its in-house legal counsel were not protected by legal privilege because the latter are not considered sufficiently independent from the former. Taking this holding one step further, the CJEU in Prezes held not only that corporations are unable to benefit from legal privilege regarding communications with their in-house counsel, but also that any lawyer in an employment relationship with its client is disqualified from representing their client before the CJEU. This article criticizes this holding and argues that the CJEU's interpretation of independence does two things: (1) unreasonably expands the scope of Akzo Nobel to include the representation of in-house counsel in all cases; and (2) does so in a way which is inconsistent in light of similar concerns of the independence of government lawyers, who seemingly maintain their right of privilege under the judgment.

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Molé, Ronald B. "Perspectives — Masters of Brinkmanship: Reflections of an in-house pharmaceutical lawyer." Journal of Medical Marketing 4, no. 2 (2004): 163–65. http://dx.doi.org/10.1057/palgrave.jmm.5040157.

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8

Jones, Stephanie. "CSR in banking in emerging markets – stakeholder perspective." Emerald Emerging Markets Case Studies 2, no. 8 (2012): 1–2. http://dx.doi.org/10.1108/20450621211317645.

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Subject area This case considers the attitudes of stakeholders in a risk management challenge of a major foreign bank operating in an emerging market country in the Mediterranean region. The case provides insights into the task facing an international organisation trying to operate in a sociallyresponsible way in a developing economy, where operating conditions are quite different from the head office environment. Study level/applicability The case is designed for MBA and MSc students studying corporate social responsibility (CSR), international business, emerging markets, country risk (and related subjects). Case overview The case discusses the implications of the actions of a negligent/possibly dishonest lawyer in undermining an international bank's risk management systems. The lawyer did not register the sale of a house, causing it to be repossessed by the bank, thinking that the property still belonged to the vendor, who had allowed a large overdraft to accumulate. By chance, the repossession of the house and subsequent forced judicial sale was averted, but to ensure undisputed ownership the real owner of the house was left with heavy legal bills. There were several players possibly at fault here: the lawyer; the bank; the vendor; the local courts; and the real estate agents (who recommended the dishonest lawyer to the purchaser in the first place). Expected learning outcomes These include a clearer understanding of the different stakeholder perspectives, and a greater appreciation of the challenges of doing business for aWestern multinational company now operating in emerging markets worldwide. Social implications The concept of CSR in emerging markets is very different from the way CSR is viewed in more developed ones – posing several challenges for international companies (especially banks) in the way they operate. Making assumptions of ethical ways of doing business can cause great problems, as discussed in this case – especially in the way that different stakeholders are impacted. Supplementary materials Teaching notes are available for educators only. Please contact your library to gain login details or email support@emeraldinsight.com to request teaching notes.

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Русина, Юлия Анатольевна. "ХАРАКТЕРЫ СОВЕТСКИХ ДИССИДЕНТОВ В ЭМИГРАНТСКИХ ЗАПИСКАХ АДВОКАТА ДИНЫ КАМИНСКОЙ". Acta Neophilologica 2, № XX (2019): 29–39. http://dx.doi.org/10.31648/an.3631.

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   Dina Kaminskaya was a defense lawyer of Soviet dissidents and participated in the most famous political trials of the 1960s. She acted as a defense lawyer for the members of the human rights movement in the Soviet Union, the creators and disseminators of samizdat, those who organized protests and demonstrations, including the one on the Red Square in Moscow in August 1968. Leaving the USSR under the threat of arrest in 1977, in exile, she wrote a memoir, Attorney’s notes, which was published in New York by the Chronicle-Press publishing house in 1984. Not only is the Soviet political judicial system with its ideological tricks vividly represented in this book, but also the portraits of those dissidents whom she knew personally and worked for as a lawyer.  

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양만식. "Establishing internal control system of corporate and role of the In-House lawyer." Dankook Law Riview 41, no. 3 (2017): 263–99. http://dx.doi.org/10.17252/dlr.2017.41.3.010.

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Dissertations / Theses on the topic "In-house lawyer"

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Mayer, Bernd R., and Nicola Zeibig. "In-house lawyer under the new German legislation." Universitätsbibliothek Leipzig, 2017. http://nbn-resolving.de/urn:nbn:de:bsz:15-qucosa-224003.

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Recently professional regulations regarding in-house lawyers have undergone a serious change that will profoundly change their occupational profile. This paper illustrates the legislative process that led to the new regulatory framework. It further discusses the potential problems arising from the cornerstones of professional conduct on the one hand and the typical daily tasks of in-house lawyers on the other hand.

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Schneider, Hendrik. "The enterprise in testudo formation." Universitätsbibliothek Leipzig, 2017. http://nbn-resolving.de/urn:nbn:de:bsz:15-qucosa-224029.

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For companies legal privilege represents an essential bulwark against the state. In the case of internal investigations legal privilege is of prime importance to the companies. At crucial points of intersection the legal situation in the US differs from that of Germany. In the US, confidentiality is regarded with the aura of a Holy Grail, applying to in-house counsel and external lawyers alike. However, in Germany those privileges do not apply to in-house counsels and neither are they intended to apply to the corporate lawyer (so-called Syndikus). This is explained by Criminal Law policy arguments, which according to the author\'s opinion are not tenable. This essay represents solutions de lege lata and de lege ferenda, in order to at least include in-house lawyers (so-called Syndikus) within the scope of legal privilege. For this purpose, the author argues in favor of a partial adoption of the American way.

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Jimerson, Philip Bret. "The demonstration of need, benefits, and outcomes of in-house counsel for a mid-sized urban school district in the State of Texas." [Fort Worth, Tex.] : Texas Christian University, 2008. http://etd.tcu.edu/etdfiles/available/etd-12182008-161630/unrestricted/Jimerson.pdf.

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Poon, Kai Cho. "Corporate legal advisers of state-owned enterprises in the People's Republic of China: the developing watchdogs." 2010. http://repository.unimelb.edu.au/10187/8525.

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This thesis critically assesses the design and operation of the corporate legal adviser (“CLA”) system for state-owned enterprises (“SOEs”) in the People’s Republic of China (“PRC”).<br>The study of in-house legal advisers (commonly known as corporate counsel) in Western jurisdictions has developed as its own subfield of studies of the legal profession. That literature shows that the roles that in-house legal advisers in Western corporations should and can play is heavily influenced by their corporate environments, corporate policies and attitudes of the corporate leaders with whom they work. There are a range of complex organizational and ethical issues faced by Western corporate counsel in discharging the functions of effective gatekeepers, advisers and preventive law practitioners. However, as compared with the abundant published works on corporate counsel in the era of post-Enron corporate America, there is little academic literature on in-house legal advisers in China.<br>In the face of the challenges and risks caused by the intensifying economic reforms in the PRC since the early 1990s, and China’s entry into the WTO in 2001, the PRC Government has been attempting to strengthen measures to preserve and protect those state assets that are managed and operated through SOEs. The supervisory body for SOEs is the powerful and well-known State-owned Assets Supervision and Administration Commission (“SASAC”) which is directly under the control of the State Council.<br>SASAC has perceived that corporate counsel in Western corporations have been playing a critical role in corporate risk management and decision-making, and have been accorded a high status within their organizations. Therefore one of the measures implemented by SASAC under its risk management framework for SOEs is the CLA system. The CLA system requires SOEs to engage licensed CLAs as part of the corporate governance and risk management system. Pursuant to the Administrative Measures for State-owned Enterprise Corporate Legal Advisers (2004) (the SASAC document governing the system), the role, rights and obligations of CLAs are set out. The policy objective is to ensure that SOEs are managed and operated in compliance with law and with proper legal advice.<br>SASAC leaders have claimed that the CLA system in SOEs has made great achievements in improving the risk management performance of SOEs. However, this thesis finds that SASAC has not properly addressed the ethical and role dilemmas commonly faced by Western corporate counsel. On the basis of the Western literature on corporate counsel and analysis of SASAC’s policies and the practice of SOEs, this thesis identifies the following key concerns with the CLA system of SOEs: the status and independence of CLAs, the qualification system for CLAs, the legal and professional regulation of CLAs, and the management structure and corporate culture of SOEs where CLAs work. Finally, the inherent problems caused by the power structure in SOEs, especially the role of senior cadres of the ruling Chinese Communist Party in SOEs, has not been resolved.<br>This thesis concludes that CLAs as corporate watchdogs in SOEs are still at the developmental stage. More empirical research of CLAs of SOEs is warranted to better understand how China, as an emerging world economic power, is to play on the international stage.

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Books on the topic "In-house lawyer"

1

Osnato, John. Lawyer in the house. Vantage Press, 1994.

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Anosike, Benji O. How to buy/sell your own home without a broker or lawyer: The national home sale and purchase kit : usable in all 50 states. Do-It-Yourself Legal Publishers, 2000.

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Prickett, William. In my father's house. Cedar Tree Press, 1993.

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Anosike, Benji O. The national home sale or purchase kit: How to buy or sell your own home without a broker or lawyer : usable in all 50 states. Do-It-Yourself Publishers, 2005.

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5

Muñiz, Manuel Fuentes. Human rights in Mexico: Testimony of Manuel Fuentes Muñiz, Mexican labor lawyer, to the Subcommittee on International Security, International Organizations and Human Rights, and the Subcommittee on Western Hemisphere Affairs of the Committee on Foreign Affairs of the U.S. House of Representatives. Lawyers Committee for Human Rights, 1993.

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6

Shehadeh, Raja. Strangers in the house. Profile, 2009.

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United States. Congress. House. Committee on International Relations. Subcommittee on International Operations and Human Rights. H. Res. 128, condemning the murder of human rights lawyer Rosemary Nelson and calling for the protection of defense attorneys in Northern Ireland: Markup before the Subcommittee on International Operations and Human Rights of the Committee on International Relations, House of Representatives, One Hundred Sixth Congress, first session, March 25, 1999. U.S. G.P.O., 1999.

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8

Mazzone, Martha A. Protecting privileges for in-house attorneys & corporate litigators. MCLE, 2010.

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9

Court house: A journey of fifty years in the law. Orange Frazer Press, 2012.

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Going in-house: A lawyers guide to getting a corporate legal position. American Bar Association, 2012.

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Book chapters on the topic "In-house lawyer"

1

Mackie, Karl J. "The Work of the In-House Lawyer." In Lawyers in Business. Palgrave Macmillan UK, 1989. http://dx.doi.org/10.1007/978-1-349-08799-0_4.

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Mackie, Karl J. "The Career of the In-house Lawyer." In Lawyers in Business. Palgrave Macmillan UK, 1989. http://dx.doi.org/10.1007/978-1-349-08799-0_9.

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Mackie, Karl J. "Lawyers and Lawyers: In-House Lawyers and the Legal Profession." In Lawyers in Business. Palgrave Macmillan UK, 1989. http://dx.doi.org/10.1007/978-1-349-08799-0_12.

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Mackie, Karl J. "Advantages and Disadvantages of In-house Lawyers." In Lawyers in Business. Palgrave Macmillan UK, 1989. http://dx.doi.org/10.1007/978-1-349-08799-0_3.

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Mackie, Karl J. "Training and Development of In-house Lawyers." In Lawyers in Business. Palgrave Macmillan UK, 1989. http://dx.doi.org/10.1007/978-1-349-08799-0_8.

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Smolla, Rodney A. "A Rolling Stone Gathers No Facts." In Confessions of a Free Speech Lawyer. Cornell University Press, 2020. http://dx.doi.org/10.7591/cornell/9781501749650.003.0015.

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This chapter investigates the account in the Rolling Stone article of the alleged gang rape of “Jackie” at a University of Virginia (UVA) fraternity. It describes how the Rolling Stone story began to unravel as other news organizations began their own investigations of the alleged events and could not replicate Rolling Stone's findings. It also looks into the claims of Rolling Stone's reporter, Sabrina Erdely about Jackie's inconsistent account of the incident, stating that it was common among rape victims. The chapter talks about the missing identities of the alleged nine rapists and inexistent record of any social event on the night of the rape incident at the Phi Psi fraternity house. It highlights the Charlottesville Police Department's investigation that concluded that the events described in the Rolling Stone article was fabricated.

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Smolla, Rodney A. "Heckler’s Veto." In Confessions of a Free Speech Lawyer. Cornell University Press, 2020. http://dx.doi.org/10.7591/cornell/9781501749650.003.0025.

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This chapter draws attention to Craig Brown and Lisa Robertson, who were the principal in-house lawyers providing legal counsel to the city manager and council of Charlottesville. It investigates Brown and Robertson's view that any attempt at outright cancellation of the Unite the Right rally would be immediately overturned by courts as a violation of the First Amendment. It also explains “heckler's veto” as a free speech jurisprudence that raises the rhetoric of defiance and confrontation that could help counterprotesters to shut down the rally. The chapter discusses the First Amendment in modern times that generally stands against acceding to the power of heckling counterprotesters in order to cease messages with which they disagree. It clarifies that when hecklers and protesters gather to express their disagreement with a speaker's message, the rights of that speaker are in tension.

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Planzer, Simon, and Martin Lycka. "A Gambling Lawyers’ Perspective on Responsible Gambling." In Responsible Gambling, edited by Stephen P. Crosby and Mark Vander Linden. Oxford University Press, 2019. http://dx.doi.org/10.1093/med-psych/9780190074562.003.0013.

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From the backgrounds of an external counsel and an in-house lawyer, this chapter offers a legal perspective on responsible gambling (RG). The primary tool of lawyers is law and not empirical sciences. Accordingly, these legal scholars explain how their normative perspective differs from other scholarly perspectives and how it affects the concept, theory, and objectives of RG. These stakeholders describe aspects that hamper the effectiveness of RG policies, such as hidden agendas and RG rules that are not empirically based. They then revisit the Reno Model, comparing its strengths and weaknesses; they observe alternative models of regulatory practice. The analytical exercise feeds into discussions of the legal and practical implications of the RG rules, in particular as regards the scope of duty of care and the compliance burden of regulated gambling operators. The authors make suggestions on how to improve RG programs and the Reno Model itself, using insights from behavioral studies and promoting bottom up-initiatives.

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Abel, Richard L. "Bleak House in America." In Lawyers in the Dock. Oxford University Press, 2008. http://dx.doi.org/10.1093/acprof:oso/9780195374230.003.0005.

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"IN-HOUSE COMPLAINTS PROCEDURES." In Mediation & Arbitration for Lawyers. Routledge-Cavendish, 1997. http://dx.doi.org/10.4324/9781843143628-35.

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