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Perdue addresses employment, budget, Easley
The governor spoke about her predecessor during a Q&A session Thursday
OBAMA PUSHES ANTI GUN TREATY!!! ALERT
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Why do Federal agencies REFUSE to regulate Federal employers?
Federal employer is actively violating numerous Federal Laws and regulations, yet "regulatory agencies" REFUSE to even conduct legitimate investigations. Much less take any action to bring to an end the violations of the employees' rights.
My Federal employer is a "unionized" place of employment (LOL), but the employer has taken steps to IMPROPERLY influence the union steward through unlimited absences and "illegal suspensions", so the employer can then PAY the union steward for NOT being present to represent the employees!
Law. The federal government is not always required to follow its own regulations which apply to private industry.
Carol Ann Swain Says Enforce Immigration Laws To Provide Jobs To Legal Workers
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Spending watchdog warns of slow economic recovery
• Andrew Sparrow with all today's political news, including George Osborne's 'autumn statement' on the state of the UK economy • Read Andrew Sparrow's evening summary 9.21am: Even though half the country is covered in snow and it feels as if we are in the depths of winter, George Osborne has decided that today's the day to deliver an " autumn statement ". He will be the first chancellor to ...
EQUALITY ACT 2010 - OUTLAWS DISCRIMINATION DISABILITY IN EMPLOYMENT, HOUSING & EDUCATION...
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Negotiate return-to-work issues with injured patients
Ethics Forum - A column that answers questions on ethical issues in medical practice
The Law Works - Employee Performance Evaluations
how many employment law cases happed in the united states in 2006?
how many employment law cases happed in the united states in 2006?
There's no way to tell. the first problem is the use of "happened" - what does that mean? Cases that resulted in demands? Cases that resulted in actual lawsuits being filed?
The easiest, indeed, probably the only statistic, you could find would be the number of lawsuits. You'd have to go state by state to see if the court systems track them by category... then get federal statistics, and do the math.
The problem is that here the category would most likely be contract - and few systems probably track by the word employment.
It's Your Law, Mike Kuborn
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by Janet Attard
If you run a business and have employees, there are a slew of federal and state labor law notices you're required to post where employees can see them each day. These are often called labor law posters, or compliance posters. They include things like minimum wage laws, the federal USERRA, non-discrimination notices, and more.
Keeping up with everything that ought to be posted and making sure that the most current notices are posted in the workplace can be a real chore for big and small businesses alike. What's more, posting a collection of paper notices can make your office look messy.
To solve the problem, a number of companies sell labor law posters that combine all the state and federal regulations on one or two posters. The posters, in general, are a good thing. They tidy up offices and help businesses stay in compliance with labor laws.
But unfortunately, some of the companies that market labor law posters by mail use hard-sell marketing tactics to get you to replace your labor law posters before you really need to. In fact, some of the marketing materials that get sent in mail seem somewhat misleading and deceptive.
One ploy that's been used in various parts of the country is a mailing that has the word FINAL NOTICE in all capital letters on the top of the page of an official-looking document. Below the "Final Notice" headline was text stating that the employer must comply with the new labor posting requirements and that failure to do so could lead to government fines of up to $17,000 and other possible dire consequences.
Other tactics include mail-merging the name of the recipient company into the letter and using text in the letter such as a Notice Number, Reference Number, and a Reply By date designed to make recipients think the mail is somehow an official warning.
If your business gets a notice like that, take the time to look at who it really comes from. If you see the words poster service, or compliance service, or if you see an out-of-state address, you can be sure the official-looking "Notice" is just a sales letter. Another dead giveaway: the letter will tell you how to order labor law posters from a private company.
If you're unsure when labor law notices you need to post were last changed, check with the US Department of Labor and your state labor department to find out if there have been any changes in required postings. Remember, too, that no matter what the labor law poster companies tell you, you don't need to buy a new poster just because it's a new year. You only need to replace your posters when the state or federal laws listed on them change. For a list of the latest changes in state and federal labor law posters see http://www.businessknowhow.net/posters/updates.asp.
© 2008 Attard Communications, Inc. Janet Attard is the founder and CEO of Business Know-How, a popular small business website that has been providing information and resources to businesses for 20 years. BusinessKnowHow.com is a source for labor law posters and safety posters. The website also provides a wealth of ideas, tips and hints for marketing and managing small businesses. Subscribe to the Business Know-How newsletter at http://www.businessknowhow.com/newsletter/subscribe.htm
Online reprints of this article must include the author's byline, copyright and resource box. You must get permission from the author to reproduce the article in print publications.
About the Author
Janet Attard is a small and home business expert, author and founder and CEO of the Business Know-How small business website. The site provides business ideas, tips, hints and resources for starting a business, marketing, Internet marketing, and managing employees. For more free information to grow your business, visit http://www.businessknowhow.com.
Law Firm Marketing for Small Law Firms
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Employment and training: e-learning
There are so many rules and regulations to navigate in today’s pub businesses that even training new staff in the basics can take up much of your valuable time.
Santire Management and Employment Law Seminar
DATELINE: BOSTON, MA…
The law firm of Tarlow, Breed, Hart & Rodgers, P.C. of Boston, MA is pleased to announce its Gold level sponsorship of the 2008 Massachusetts Family Business Awards program, an annual competition designed to promote and highlight the many achievements of Massachusetts-based, family owned businesses.
Ed Tarlow, a founding member of Tarlow, Breed Hart & Rodgers, P.C. has been instrumental in the creation of the Massachusetts Family Business Awards program, now entering its second successful year. Tarlow teamed up with Ted Clark, the Executive Director of The Northeastern University Center for Family Business, to develop the program, honoring the most successfully run and managed family businesses in Massachusetts.
The firm’s tax and estate planning attorneys regularly advise business owners and their families on the complexities of estate planning and administration, taxation and corporate law. Attorney Richard Breed notes, “The Family Business Awards Program provides a unique opportunity to salute the numerous contributions of family owned businesses, which are too often overlooked. We have built lasting relationships with many family owned businesses over the years and we look forward to providing continued assistance and support to this critical segment of our local economy.”
Recent statistics indicate that more than 80 % of all business enterprises in North America are family owned and operated, and that they account for 60% of total U.S. employment, 78% of all new jobs, and 65% of wages paid. Tarlow, Breed, Hart & Rodgers focuses on working with family businesses, in particular, assisting them with the challenges of business succession between generations, as well as with issues involving corporate law, taxation, litigation, and estate planning.
The 2008 Massachusetts Family Business Awards event will be held on May 8, 2008 at the Royal Sonesta Hotel in Cambridge, MA. Speakers will include Jim Kaloyanides, President and COO of New England Coffee, and Phyllis Godwin, Chairman, Granite City Electric Supply. David Wade, award-winning journalist and co-anchor of WBZ-TV News’ weekday newscasts at morning and noon will serve as Host of Ceremonies for the event.
Please visit www.nuffi.org for tickets, or for more information about the Massachusetts Family Business Awards program.
Tarlow, Breed, Hart & Rodgers, P.C.
Formed in 1991, Tarlow, Breed, Hart & Rodgers, P.C. is committed to providing high quality, comprehensive legal services to its clients. Featuring a breadth and depth of experience and perspective usually found only at larger law firms, Tarlow, Breed, Hart & Rodgers. P.C. offers sophisticated legal counsel to entrepreneurs, businesses, individuals, families, and institutions.
In addition to taxation and estate planning, the firm’s areas of expertise include corporate law, employment matters, mergers and acquisitions, litigation and dispute resolution, real estate, bankruptcy, and municipal law. The expertise and collegiality of the firm’s fifty plus members, associates, and support staff has consistently resulted in the building of lasting relationships of trust and confidence.
The offices of Tarlow, Breed, Hart & Rodgers, P.C. are located at 101 Huntington Avenue, Prudential Center, in Boston, MA 02199. For additional information, or to arrange for a consultation, please call 1-617-218-2000, e-mail info@tbhr-law.com, or visit www.tbhr-law.com
About the Author
British bosses are complaining that measures designed to reduce the impact of swine ‘flu on the workplace are in danger of creating a ‘skivers’ charter’.
More than a thousand companies across the country claim staff have been logging-on to an NHS self-diagnosis website to extend their Summer holidays.
The National Pandemic Flu Service advises that individuals who appear to have symptoms associated with swine ‘flu should stay at home for up to seven days.
However, Manchester-based Employment Law Advisory Services (ELAS) says it has been inundated with enquiries from managers who claim colleagues without any signs of illness are using the website and causing more disruption to the workplace than the ‘flu itself.
Peter Mooney, ELAS head of consultancy, said his firm began receiving calls from angry managers as soon as the website became active at the end of last month.
“They feel that some staff are simply taking advantage of current concerns about the transmission of swine ‘flu to take an extra few days off work. Because the emphasis has been on not going to your local GP but using services like this to assess the infection and the risk to others, those who stay at home aren’t going to need a doctor’s note or have too many people calling on them to see how they feel.
“Based on the volume – and the nature - of calls we’ve been taking, the number of deliberate false cases of the condition are having a significant impact on workplaces across the country, something bosses are keen to tackle.”
Mr Mooney warned that additional short-term measures being considered by the Government to address the impact of swine ‘flu could exacerbate the problems being experienced by Britain’s bosses.
The Cabinet Office is deliberating over proposals for a possible six-month extension for the length of time for which people can self-certify in order to get the country through the worst of the crisis.
Those plans would allow individuals to take up to 14 days off work without having to get a doctor’s note.Mr Mooney added: “Employers believe that by doubling the self-certification limits, you are potentially multiplying the opportunity for untruthful individuals to kid the system.
“The issue is about when and how they can tackle those individuals who they believe have not been ill. After all, they are being told not to return to work until all their symptoms have gone but that doesn’t mean suspicion about whether they really were under the weather won’t persist.”
Visit www.employment-law.uk.com for more information.
For HR Software to manage your absences, visit www.employersafe.co.uk
About the Author
Employment Law Advisory Services
www.employment-law.uk.com
www.employersafe.co.uk
New Mexicos Government Employment and Pension Problems with Scott Moody
Courts on relatively new ground with fetal alcohol spectrum disorders
CHICAGO — As long as his mom could remember, Matthew Link was impulsive, making bad choices and not understanding right from wrong. He required constant supervision and would tell "off-the-wall" stories that made him look tough and powerful.
SCOPE: "Together Our Voice Can Change The World"
As the economic downturn worsens and unemployment rises in America, civil rights advocates and lawyers and Hispanic, Latino and Mexican-American discrimination attorneys in California fear the result may be an increase in discrimination toward Hispanics, Latinos and Mexican-Americans in the U.S.
If you have been the victim of discrimination toward Hispanics, Latinos or Mexican-Americans, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.
While America has always stood for being a country with diverse ethnic cultures that make us great, the fear is that those who have the least, may suffer the most in this economic downturn as unemployment rises and jobs, even those that were previously unwanted, now become a precious commodity.
At the Law Firm of R. Sebastian Gibson, California Hispanic, Latino and Mexican-American Discrimination Lawyer, Sebastian Gibson has always stood for the protection of the civil rights of everyone living in the U.S. We fight for the rights of Hispanics, Latinos and Mexican-Americans to be treated with the same respect and the protections afforded to them under the law as every one else should be in America. And we are concerned that in these uncertain times, Hispanic, Latino and Mexican-American families do not become the object of discrimination when we should all be pulling together to help each other in times of need.
While African-Americans in this country have for many decades, always suffered the most unemployment, Hispanics and Latinos are not far behind. And while African-Americans can now look to President Obama as an inspiration to what a person can do of any race, Hispanics, Latinos and Mexican-Americans as well as other minorities, still suffer from discrimination in the work place and in daily life.
Instead of becoming a society where the rich cultures of Hispanics and Latinos are shared with other cultures in America, too much of the country remains segregated where Hispanics, Latinos and Mexican-Americans either choose to live or can only afford to live where the majority of their citizens are concentrated in parts of cities away from where Caucasians, African-Americans or other minorities live. There are many causes of discrimination, all of which are idiotic, but the less interaction different cultures have, the more likely it is there will be discrimination by those who do not relate to each other.
Studies have found that nearly three in every ten Hispanic workers feel they have been discriminated against in their employment. Some report being referred to with racial slurs at work while one in four feel they are paid less and have reduced career advancement prospects than their Caucasian counterparts. In many organizations, there is a scarcity of Hispanics, Latinos and Mexican-Americans in management positions.
FBI statistics show a dramatic increase in anti-Hispanic hate crimes. And sadly, hate groups are increasing due to anti-illegal immigration concerns.
One would have thought that as a result of this situation, that there would be a flood of civil rights advocates and anti-discrimination lawyers fighting for the rights of Hispanics, Latinos and Mexican-Americans. Yet, that is not the case.
A symbol of discrimination to many Hispanics, Latinos and Mexican-Americans is the construction of the U.S.-Mexico border fence which is actually several separation barriers designed to prevent illegal movement of goods and people across the U.S. and Mexico border.
The U.S.- Mexico border fence is reportedly nearing completion as this article is being written in March 2009. While much of the purported reasoning for the multi-billion dollar fence was based on preventing the entry of terrorists into the country, many feel that reasoning is flawed while our border with Canada remains open. While the efforts have also been aimed at stopping the flow of drugs into the U.S. a secondary effort is to prevent the flow of weapons bought in the U.S. and smuggled into Mexico.
Homeland Security Secretary Janet Napolitano has said that even the fence will not stop illegal immigration along the border with Mexico, although it may help prevent those who are crossing illegally from blending immediately into some town populations. However, the fence is not continuous and where there are gaps, surveillance technology must be utilized. And then, there remains the fear that tunnels will be used even more extensively than in the past.
Over forty tunnels have been found since 2001 and some have been extremely sophisticated. One such tunnel from Tijuana to San Diego was half a mile long, sixty to eighty feet deep, and eight feet tall. It had drainage, electricity and a concrete floor, and its entrance from the California side was in a modern warehouse. The entrance to the tunnel in Mexico was in another building.
It should be noted that the border with Mexico is 1,951 miles in length. The fence that is reportedly nearing completion was only completed for approximately 600 miles in February 2009, when news reports came out that the fence was nearly finished.
As a result of the construction of the barrier, there has now been an increase in the number of people trying to cross in such areas as the Sonoran Desert and over the Baboquivari Mountain in Arizona where no fence exists. This requires crossing 50 miles of inhospitable terrain to reach the Tohono O'odham Indian Reservation, which many fear may lead to an increase in migrant deaths along the U.S.-Mexico border if the smugglers try these more difficult routes.
In the last thirteen years, there have been around five thousand migrant deaths along the border. The U.S. Border Patrol Tucson Sector reported on October 15, 2008 that its agents saved 443 illegal aliens from almost certain death after being abandoned by their smugglers. Without the efforts of these border patrol agents, many more deaths would have occurred and may occur in the future.
The U.S.-Mexico border fence has been controversial, to say the least, since its inception. It has been condemned by the government of Mexico and opposed by many in the U.S. as well. Tribal lands of three American Indian Nations will be divided by the border fence and the campus of the University of Texas at Brownville will be divided into two parts according to a vice president of the university. A section of the barrier was even mistakenly built inside Mexican territory requiring its removal and rebuilding at a cost of over three million dollars.
Visit our website at http://www.CaliforniaAttorneysLawyers.com and call us if you have been the victim of discrimination toward Hispanics, Latinos or Mexican-Americans.
There is no excuse for discrimination in America. If you have been the victim of discrimination against Hispanics, Latinos or Mexican-Americans, call California Civil Rights Lawyer Sebastian Gibson for a consultation.
About the Author
Visit our website at http://www.CaliforniaAttorneysLawyers.com if you have been the victim of discrimination toward Hispanics, Latinos or Mexican-Americans. We have the knowledge and resources to be your California Civil Rights Lawyer and California Civil Rights Attorney anywhere in Southern California from San Diego to Orange County, and Santa Barbara to Palm Springs and all points in between.
US Victims of CPS Corruption Get Court Reform Case Studies in Citizens Controlled Public Docket
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2 TV debates might be the key to victory
A total of 14 candidates—from seasoned political veterans to first-timers—are on the ballot as voters begin selecting their choice to fill the vacancy in Hawaii's 1st Congressional District.
Legal Questions : What Is an Employment Background Check?
Anderson: Tax laws, old buildings and cities’ memories
I spent a lot of time in the Minneapolis Public Library – the circa 1959 edition – when I was younger and stumbling my way toward a reporting career. I used its business and government documents departments to research stories.
Child Labour
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Kuwait: Deliver Promised Rights Reform
Source: Human Rights Watch (Geneva) â€" Kuwait should accept recommendations on protecting the rights of migrant domestic workers and stateless persons made today by United Nations member countries, Human Rights ...
A presentation of the Committee of the Regions
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Walking away from a mortgage may seem like the only option for significantly distressed homeowners. But those considering this option should be prepared for the long-term effects it can have on their credit score and finances.
The current housing crisis has left many lenders unmotivated to collect remaining debt after a borrower leaves their property. In addition to walk aways, those who pursue short sales may also be able to leave their property without hearing again from a debt collector.
But this is hardly a safe bet - and could become significantly less common after banks eliminate excess distressed properties. A recent article by the Baltimore Sun referred to laws in some states that allow lenders to pursue borrowers for any shortfall they incur after reselling the property. For example, if an individual walks away from a house with a $350,000 debt and the bank is able to sell it for $250,000, said lender may be able to pursue the $100,000 difference.
Maryland debt collectors may seek this balance for up to three years after the distressed homeowner leaves his or her property. They may be pursued for 12 years in certain circumstances, according to the report. Chapter 7 bankruptcy may be the only alternative for some borrowers weighed down by debt.
All of these actions will have negative effects on a credit report. Late payments on mortgage loans will remain on their report for seven years, as will a foreclosure or short sale. Bankruptcies remain longer, up to 10 years, according to FICO spokesman Craig Watts.
"And what's on your credit report can affect your employment," the report said. "Many employers, for example, review applicants' credit reports before hiring."
Maryland is among the 16 states whose lawmakers have considered banning credit-based hiring practices. Critics of these practices have said that using someone's financial history as reflection of their responsibility as an individual can unfairly trap some job seekers in a cycle of unemployment and debt defaults. Stuart Pratt, president and CEO of the Consumer Data Industry Association, recently wrote a column for the Sun defending such practices. He said that viewing one's credit report can help businesses protect against risk, particularly at companies with fewer than 100 employees.
"Employers should have information available to them that protects their businesses from catastrophic losses and also ensures that their workers can stay employed," he said.
Therefore, those seeking new employment or mortgage loans may benefit from a credit monitoring service which will give them a thorough understanding of their credit standing.
About the Author
I am the SEO Specialist at www.creditscore.com We are authorized to provide consumers with access to their credit report at the three national credit bureaus: Equifax, Experian and TransUnion. We are continually seeking to push the envelope to provide consumers with innovative tools that give consumers every possible advantage to successfully navigate through the confusing credit industry.
There is a lot of false information regarding bankruptcy. Here is a list of the most common myths we’ve encountered. Please consult with reputable San Francisco bankruptcy attorneys before deciding bankruptcy is not a viable option for you.
1. My employer will find out and fire me, or my potential future employer will not hire me because I filed for bankruptcy.
Discrimination solely because you filed for bankruptcy is prohibited under the U.S. Bankruptcy Code.
2. I have to be broke or behind on my bills to file bankruptcy.
No. Do not wait until you’ve drained out your savings, or 401(K), or borrowed more money from relatives and friends. Consult with a bankruptcy attorney right away if you do not see a way out of your current financial situation.
3. Bankruptcy is not affordable.
Most bankruptcy attorneys have payment plans. In general, you will be advised to stop all credit card payments, which will free up money for fees. In Chapter 13, most of the fees are paid through the plan payments.
4. I will lose my home.
In Chapter 7, as long as you are current on your payments, you can keep your home. In California, there is a homestead exemption up to the following amounts:
(1) $50,000 is single debtor.
(2) $75,000 if debtor is family unit.
(3) $150,000 if debtor or spouse is at least 65 years old, disabled, or if annual income is less than $15,000 or $20,000 if married.
Refer to California Exemption Chart
5. My credit is destroyed forever.
Bankruptcy is reported on your credit report for 10 years. This does not mean you cannot get credit for 10 years. Chances are you already have bad credit. Most credit scores will go up after filing bankruptcy, usually do to the debt-to-income ratio improving.
6. I will never get a home, an apartment or car.
People do rebuild their credit after bankruptcy and go on to buy homes and/or cars. Your credit score may actually increase after bankruptcy, especially since bankruptcy will have a positive effect on your debt-to-income ratio.
7. You can’t go bankrupt anymore since the new law.
The 2005 Reform Act made it more difficult to file for bankruptcy, but it is still possible. Consult with a consumer bankruptcy to determine if you qualify.
8. The new law says you have to pay everything back.
In Chapter 7 bankruptcy, debts are wiped out with the exception of certain taxes, child support/alimony and student loans.
9. It will be in the newspaper.
No. Your bankruptcy filing will not be publically displayed or announced in a publication. However, it is public information, and anyone that wants to can go to the Bankruptcy Court and request your file. Additionally, the information is available on a Federal Bankruptcy database but to access it, you must have an account.
10. I hear “you can’t go bankruptcy on credit cards any more”.
Not true. Credit cards are unsecured debts and will generally be discharged by bankruptcy.
11. After you take a credit counseling course you must wait 6 months before you can file a bankruptcy.
Credit counseling must be completed within 6 months of filing bankruptcy. Check with the US Trustee’s Website for authorized Credit Counseling courses.
There is no waiting requirement after completing credit counseling to file for bankruptcy.
12. If I file for bankruptcy I’m a failure.
Plenty of famous and successful people have filed for bankruptcy. Ask yourself, can I be more productive and successful if I did not have this debt?
13. There’s a secret way to make your creditors accept a fraction of the debt.
It is true that oftentimes credit card companies will offer to settle on stale debts. However, creditors may (and often do) sue you. Unless you have a valid defense for the lawsuit, you will most likely lose the case. They can get a judgment against you and garnish your wages or put a lien on your property.
Assuming they do settle, what the creditors and debt settlement companies don’t tell you is this: the amount forgiven will be considered income to you and you will be taxed on the amount forgiven. It’s better to owe your credit card money than the IRS because you can discharge the credit card debt in bankruptcy much more easily!
14. I’ve hired a debt settlement firm to help me pay off all of my debts at a deep discount in 3 years or less and now I won’t have to file for bankruptcy.
See #14. Debt settlement firms aren’t lawyers. There is nothing they will or can do for you should your creditors decide to sue you. Additionally, creditors do not have to settle with you at all! Most of the time, the debt settlement companies will keep most of the money for themselves, leaving little for the actual settlement. They can’t do anything for you that you can’t already do for yourself – not pay your creditors then work out a settlement.
If you do decide to hire a debt settlement company, please be sure to check with the Attorney General office of the state the company is located. There are lots of warnings issued by governmental agencies regarding the dangers of hiring a debt settlement companies.
15. My friend told me as long as I am going bankrupt I might as well max out my credit cards and use up what is left.
Accumulating debt with an anticipation of filing for bankruptcy may be considered fraud. Bankruptcy is for the unfortunate but honest debtor.
16. I should “leave one card out” of the bankruptcy.
ALL debts must be listed on the bankruptcy petition. Everyone you owe money to must be listed. This includes friends and families.
17. “But my credit score will go down!”
See #5. Ask yourself, what will it take for me to get out of debt? Use this calculator to figure it out. Most people continue to make the minimum payments not realizing the amount of money it will actually take to get out of debt. Do not make the mistake of getting trapped in the cycle of making minimum payments – never being able to live debt free.
18. I’ll never get credit again, or another, I won't be able to get credit for 7 years
After filing for bankruptcy, your debt-to-income ratio improves. This will help your credit score. Additionally, you cannot file again for 8 years (in case of Chapter 7) so you’re actually a “safe bet” for the creditors.
19. Bankruptcy does not apply to certain creditors like Bank of America.
Bankruptcy applies to Bank of America as well as all other banks. Generally, all unsecured debt will be discharged in a Chapter7. In Chapter 13, the amount you pay back will depend on your payment plan.
Have additional questions? Call a San Francisco bankruptcy lawyer today at (415) 963-4004.
About the Author
JC Law Group is a San Francisco bankruptcy law firm assisting individuals, families and small businesses with bankruptcy and debt settlement.
Volunteers & the law: Health & Safety
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USD forum draws intense feelings on immigration
Benno Wymar learned that illegal immigration strikes a nerve in Vermillion, even though the city lies nearly 1,500 miles from the Mexican border. “I was putting up a poster for (Wednesday’s) forum, that said, ‘Too Many Immigrants?’” the retired University of South Dakota professor said.
Temp Agency - Employment Staffing - Dallas Houston Texas
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What does the law say about employment history checks?
Can my former employer disclose why I left my job or can they only disclose start and end dates? I also omitted 2 former employers from my resume because I was only there for less than a month. Can new employers somehow find about these former employers if I omit them from my resume? If so, how? Through public records? My social security number? Do new employers have to inform me in writing if they will be doing an employment history check?
Can new employers somehow find about these former employers if I omit them from my resume? If so, how?
Yes unfortunatly they can, and one place I am applying for now uses theworknumber.com and they show your past ten years of employment history, and there are MANY agencies that do the same thing as well.
Non-Competition Agreements: History
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Every country stands for its own development. For this purpose the state introduces and implements new policies and programmes such as Special Economic Zones Act. After 60 years of its independence India with its 110 core population has evolved a new paradigm of its political economy which is confusing. The policies and programmes initiated by Indian government to create a ‘global village’ based on free market economy and free trade among nations cutting across all barriers, abolition of national boundaries and dismantling the nation –state system giving priority to ‘market’ over the ‘state’ . After the enactment of Special Economic Zone Act 2005, it created tremendous effects on political economy of the country.
The term ‘political economy’ came from the two Greek words ‘Politiko’ and ‘Oikonomia, where ‘Politiko’ stands for the state and society and ‘Oikonomia’means managing the house hold economy. Political economy thus means a study of the state, society and house hold economy. The concept of political economy arose historically as the economic doctrine of a new class – the capitalist class. It has been evolved since the days of Aristotle who gave a model of public good through guaranteeing each person private possession of what he was rationally and morally entitled. Private property was elaborated later by Locke, Adam Smith, Ricardo and the physiocrates, who came to be known as the Laissez Fairists in Economics, or, the liberal democrats in politics. Adam Smith referred to political economy as a branch of the system of civil government. It was concerned with public policy.
In Marxian view, political economy can be regarded as a subject which studies the social relations evolves between different classes of people in course of production, distribution, exchange and consumption. Political economy belongs to the broad land of economics, which opens on to political science. After a prolonged period of hibernation, the subject has again been resurrected.
Marxist political economy makes a study of how the productive forces are used under the given relations of production taking account of the lines and trends in technical progress; political economy studies the influence of production relations on such progress and its socio economic consequences. Marxist political economy starts from the assumption that human vital activity is objectively based on social material production which includes man’s interactions with the nature and whole range of relations which arise in the process. It has been realized that every political action has its obvious economic repercussion, and every economic action has had its political implications.
The liberal school of political economy offers economic implications of political facts and factors. The liberal school has economized politics. The liberal system focuses on the atomistic individual as the relevant unit, on the description of economic behavior in terms of subject choices among alternatives, on the notion of social welfare as the maximizations of individual utility sums. The socialist system views the entire economic system as the basic unit, views economic progress in terms of the growth of the forces of production and focuses on ‘relations of production’ ‘surplus value’ and the rapid increase of social product.
By contrast the Gandhian system eschews both the notions of the atomistic autonomous individual maximizing his utility in a self regulating economy and the notion of processes of production autonomously effecting changes in the organization of production ,class relationship and the magnitude and distribution of social product instead of the Gandhian model suggest that the fundamental attribute of human economic behaviour lies in the relationship of individual to socioeconomic micro groups and the relationship of micro groups to society .The basic economic act is neither the choice between economic alternatives nor the social division of natural products, but the adjustment between individual and the micro groups to which they belong, and of those micro groups to society .It is this collaboration which is the basic theme of the Gandhian system of political economy.
The Gandhian system is viewed in micro groups that are fundamental constituents of the economic system and given full scope to develop their potential in the context of no coercive forms of political control. Social welfare is defined in terms of the functioning of the collaborative micro groups vis –a-vis its members. Gandhi believed that the introduction of technology and patterns of development must be consistent with the full employment objective.
Today economist speaks of sustainable development and ecological values. Gandhi was not against industry but as he predicted it could not give people more employment. His constructive programmes were to give employment to all people whether it be kadhi, gobar gas or tree plantations, where all can be engaged in constructive work. Gandhian economics is an alternative to overcome the exploitation of both capitalism and communism for the exponents of human social order.He was against the large scale use of machinery which kept millions without work. Swadeshi is one of the core elements in the socio-economic organisation of Gandhian system.
Gandhi observes
“Life here will not be a pyramid with the apex sustained by the bottom, but it will be an oceanic circle whose centre will be the individual, always ready to perish for the village, the latter ready to perish for the circle of the villages, till at last the whole becomes one life composed of individual, never aggressive in their arrogance, but ever humble sharing the majesty of the oceanic circle of which they are integral units’. The idea of the circle stands for integrating, fullness and self-sufficiency. He wrote that independence must begin at the bottom. Thus every village will be a republic or Panchayat having full powers. It follows therefore, that every village has to be self sustained and capable of managing its affairs even to the extent of defending itself against the whole world.”
Politics and economy are considered as two basic factors in determining the nature of the state and society. They are interrelated to such an extent that the changes in one affect the other, and hence both are ‘dynamic’ and ‘flexible’ ingredients of the national and the international systems. Politics and economy taken together as political economy refers to ‘managing the economy of the state’. Conceptually political economy connotes the relationship between the state, society and the economy, the cause–effect relationship between technological change and the process of development, the economic relations among the different nations of the world.
DEFINITION OF SPECIAL ECONOMIC ZONE
A special economic zones is a geographical region that has economic; laws more liberal than a countries typical economic laws. According to the SEZ Act 2005, A SEZ is a ‘specially delineated duty free enclave and shall be deemed to be foreign territory for the purpose of trade operations and duties and tariffs. A SEZ also been viewed as “a geographical region with different economic laws than a countries typical economic laws with the main goal of attracting foreign investment’. “A SEZ or a Free Trade Zone (FTZ) is typically an enclave of units operating in a well –defined area within the geographical boundary of a country where certain economic activities are promoted by a set of policy measures that are generally not applicable to the rest of the country”.
The concept of special economic zones is not new. In an International Labour Organization (ILO) report traces the roots of the concept to 13th centaury Spain and in more recent times to Ireland and Puerto Rico, which established Export Processing Zones (EPZ). Export Processing Zones is the former name of the Special Economic Zones. The countries like China, United Arab Emirates, Malaysia, India, Jordan, Philippines and Russia have utilized the concept of SEZ. In 1986, there were 176 zones across 47 countries. Now the number has increased to over 5000 across 147 countries.
The zones are known by different names in different parts of the world. Most often these are Free Trade Zones (FTZ),Industrial Free Zones (IFS) Export Processing Zones (EPZ) Bonded Free Zones and Special Economic Zones (SEZ).
Export Processing Zone is the ancestor of SEZ. An Export Processing Zone is relatively small geographically spread area within a country. The purpose of which is to attract export oriented industries, by offering them especially favorable investment and trade conditions as compared with the reminder of the host country. The EPZ is just an industrial enclave but SEZ is an integrated township with fully developed infrastructure. The UN Industrial Development Organization (UNID) identifies five basic attributes of EPZ s are:
? EPZs are dominated by market mechanisms.
? EPZ are restricted to a limited region.
? EPZs specialize in the production of exports goods and offer special incentives for such production.
? Their major aims are to attract foreign investments, earn foreign exchange and to generate employment
? Secondary aims are technology transfer, development linkages and regional development .
Policies taken by the governments for the development of the nation obviously affect the people. SEZ policies are for the development of the country. These Developmental projects have economic, political and social impact. In Gandhian political economy, village level development is needed. Land needed for the establishment of the SEZs projects also affected the political economy of the country. Tax incentives, Foreign Direct Investment, New type of employment generation also affect the political economy of the country. The macro economic changes driven by SEZs will push the countries down the path of increasing socio-political crisis.
A BRIEF HISTORY OF INDIA’S SPECIAL ECONOMIC ZONES
India became independent in 1947 and chose self- sufficiency along with economic autonomy. The Industrial Policy Resolution of 1948 marked the beginning of the evolution of the Indian Industrial policy. The Resolution not only defined the broad contours of the policy. But it delineated the role authority of the state in industrial development both as an entrepreneur and as an authority
The industrial policy Resolution of 1956 gave the public sector a strategic role in the economy. It categorized industries, which would be the exclusive responsibility of the state or would progressively come under state control and others. Earmarking the pre-eminent position of the public sector, it envisaged private sector coexisting with the state and thus attempted to give the policy framework flexibility. India opted for a planned economy with emphasis on state sponsored industrialization. The argument was that capital being scare in India, it was essential to regulate the flow of the available capital in to socially desirable channels. This was achieved by an elaborate system of industrial licensing and state monopoly and control over key industries.
More than 80% of the Indian population is still living in agricultural field. Agri-centered model of development was prevalent during the 1950sand the 60s. Agriculture contributes approximately one-fifth of total gross domestic product (GDP). It provides the means of livelihood to about two-thirds of the country’s population. The Sector provides employment to 59 percent of the countries workforce and is the single largest private sector occupation. Agriculture accounts for about 10 percent of the total export earnings and provides raw material to a large number of industries.
During the Jawaharlal Nehru’s period, foreign collaborations were promoted in certain sectors and foreign investment was encouraged. First Export Processing Zone (EPZ) was set up in 1965 at Kandla, in Gujarat. This was a predecessor of the Special Economic Zone in India. The Santa Cruz EPZ in Mumbai became operational in 1973.
After the death of Jawaharlal Nehru, Indira Gandhi became the prime Minister of India in 1966. She also did a lot for the economic development of the country. The Foreign Investment Board was set up in 1968. In 1973, Foreign Exchange Regulation Act (FERA) was enacted.. India set up the Santa Cruz Electronics Export Processing Zone (SEEPZ) between1973-74. It was the first EPZ which was dedicated to the electronic industry.
Doors of the Indian economy were opened during the 1980s, by Indira Gandhi and later by Rajiv Gandhi. From 1984 to 1989, the policy was to enable the middle class to consume more so as to raise the internal demand. This resulted in the raise of imports and the growth of Foreign Direct Investment. The government tried to raise the level of exports in order to balance this phenomenon. In 1984, the Free Zone policy received a fresh start. By 1991, the Indian economy was opened up for linking up the Indian market with the world leading to free flow of trade and commerce .The multilateral Financial Institutions like the World Bank and the International Monetary Fund while assisting the developing countries like India also insisted upon restructuring the polity and the administrative machinery. Following a change in the policy regime in this period and the formation of the World Trade Organization (WTO) with India becoming its founder member, it opted for a liberalized capitalist strategy. There had been introducing policies since July 1991 particularly in the industrial sector.
De-reservation of industries for the public sector was one of the major step taken by the government as part of the policy changes in the industrial sector. It was against the earlier 17 industries were reserved, there are now industries like defense production, atomic energy, coal and lignite, railways and mineral oils reserved for the public sector. Core industries like iron and steel, electricity, air transport, shipbuilding, and heavy machinery industries such as heavy electrical plants telecommunication cables and instruments are now open to private sector participation. Besides, equities held by the government in selected public sector enterprises like ONGC etc are now available to mutual funds, financial institutions, the general public and workers through a policy of divestment
In1998, the first private SEZ started its operations in Surat .This was under the jurisdiction of the Mumbai (SEEPZ)Development Commissioner, who was a nominee of the central Government.
From the beginning of the 21st century, most of the developing countries in the world have recognized the importance of facilitating international trade for the sustained growth of the economy and increased contribution to the GDP of the nation. As part of its continuing commitment to liberalisation, the Government of India has also adopted a multi-pronged approach to promote foreign investment in India. The Government of India has pushed ahead with second-generation reforms and has made several policy changes to achieve this objective. The annual growth rate ranged between six and nine percent.
Bharathiya Janatha Party (BJP) government decided to re-launch the Free Trade Zone Policy in 2000. It changed the name of Export Processing Zone (EPZ) to Special Economic Zone (SEZ). The policy intended to make SEZs an engine for economic growth supported by quality infrastructure complemented by an attractive fiscal package both at the Centre and the State level with the minimum possible regulations.
The salient features of the SEZ scheme are:
v No licenses required for import
v Manufacturing or service activities allowed.
v SEZ units to be positive net foreign exchange earner within three years.
v Domestic sales subject to full customs duty and import policy in force.
v Full freedom for sub contracting.
v No routine examination by customs authorities of export/import cargo.
The United Progressive Alliance (UPA) government Currently in power enacted Special Economic Zone Act, 2005 which was passed in June 2005 and came into force on 10th February 2006 with the notification of the SEZ Rule in 2006. The Act provides for drastic simplification of rules and single window clearance on matters relating to the union and state governments .The state governments have also been enacted their own SEZ laws to cover State subjects.
The Act provides for single window clearance mechanisms for developers and operators for ensuring orderly development of SEZs, the responsibility is assigned to the Board of Approval, constituted by the union Government. The Union Government may set up a SEZ on its own or on the basis of proposals of the state government or private developers after the Board of Approval has duly screened them .At the regional level, the Development Commissioner and his /her office will exercise administrative control of SEZs. The Labor Commissioner’s power is also delegated to the Development Commissioner. There is an approval committee to approve /reject /modify proposals for setting up units in SEZs. All suits of civil nature and notified offences in SEZs will be tried and settled by specially notified courts and affected parties may appeal to high courts against the orders of the designated courts. The corporate units operating under SEZs will enjoy special privileges and protection granted by law.
The Act offers a special fiscal package to the units set up in the SEZs. This package includes, exemption from customs duties, central excise duties, service tax, central sales taxes, and securities transaction tax to both the developer and the units set-up, tax holiday for 15 years like 100 percent tax exemption for five years ,50 percent for next five years, and 50 percent for the ploughed back export profits for the next five years.100percent income tax exemption for 10 years in a block of 15 years for SEZ developers.
There is a three-tier administrative structure. On the top, a Board of Approval at the level of the Union Government has been set up for the functioning of the SEZs. Next an authority has been created by the state governments for creation and promotion of the infrastructure within each state. Finally, in SEZ mechanism /authority is provided for single window approval. According to the 2005 Act, these zones can be set up by the developers, who could be private real persons, companies, both Indian and foreign, as also the State governments or the central government by themselves or jointly with private parties. It is also being envisaged that some of the existing Export Processing Zones would be converted into Special Economic Zones. The SEZ Act, 2005 supported by SEZ Rules, has come in to effect on 10th February 2006.
THREE CATEGORIES OF SEZ
In India SEZs are divided in to three categories, Multi-product SEZs Sector specific SEZs, Free Trade and Ware housing Zone (FTWZ). The first category signifies a SEZ where units may be set up for manufacture/rendering of services of two or more goods in a sector or good/services falling in two or more sectors. For multi-product service SEZ, a contiguous area of 100 hectares or more is required.
The second category defined as a zone meant exclusively for one or more product/services. The minimum area requirement is 100 hectors of contiguous and vacant land. Within sector specific SEZs, Bio-technology, Gems and Jewellery, Non conventional energy, electronics, hardware and software SEZ-including IT can be set up with minimum area has been relaxed to 50 hectares for Assam, Meghalaya, Nagaland and, Arunachalpradesh, Uttaranchal, Sikkim, J&K, Goa and the Union Territories.
Free trade and warehousing zone (FTWZ) is the third category which minimum area requirement is 40 hectares of contiguous and vacant land. Built up area should not be less than 10 hectares.
There are 19 functional SEZs in the country which were set up prior to SEZ Act, and 154 SEZs that were notified under SEZ Act 2005. The maximum numbers of SEZs are coming up in the IT sectorThe total land requirement for the formal approvals granted till date is approximately 44,268 hectares. Out of this, about 87 approvals are for State Industrial Development Corporations (SIDCs) State Government ventures which account for over 21,169hectares
ISSUES RELATING SEZs IN INDIA
One of the main issue is related with SEZ is locating land for SEZs. Many state governments are in the process of establishing SEZs. The issue of displacement, that of compensation or land price, rehabilitation, residential property development and land speculation, the threat of possible relocation of units from other parts of the state to SEZs and the consequent loss of revenue have been flagged . Farmers are protesting against the forced acquisition of their lands. The development of SEZs would lead to the destruction of employment of peasants whose land will be acquired and will create very little employment for high tech or high skilled persons and total net employment generated may well be negative. Handing over thousands of hectares of land cheaply to promoters of industry and relaxing the laws of the land, including those that relate to the welfare of the industrial workers, protection of the environment, taxation, etc, would automatically promote industrialization and solve the nagging unemployment problem of the country overnight. The farmers/peasants in various states such as West Bengal, Orissa, Maharastra, and Punjab have opposed acquisition of their land for SEZs. The highest level of opposition has been observed in West Bengal when land was acquired by the state government for the Tata group at Singur and Salim group of Indonesia at Nandigram. Besides the loss of agriculture land, concerns have also been raised about the project affected People.
Using water for SEZs is one of the major problems rising from different parts of the country. Mundra SEZ as per official website of the SEZ, it expects to get at least 6 million liters per day from the Sardar sarovar project, as promised by Gujarat water infrastructure Ltd.
The another main issue is rising from different parts of the country, the labour laws applicable to the rest of the country have been relaxed for the SEZs. The existing laws are well intentioned and they promote worker welfare. Relaxing such laws exclusively for the SEZs shows the government’s lack of conviction in its own commitment to social justice.
In some SEZs, the state governments are joint venture partners. In the case of some, special incentives by way of concessional electricity and water tariffs have been offered .In almost all the cases, valuable lands have been given away at concessional prices.
Considering the SEZ Act, it violates the letter and spirit of the Indian Constitution; it infringes the Fundamental Rights of the citizen guaranteed in part 3rd of the Constitution. Relaxation /inapplicability of many labour Laws (including under the Industrial Dispute Act, Contract Labour Act, Factories Act, Minimum wages Act, Trade Union Act), Environment (Protection) Act is inapplicable to SEZs ,No environmental clearance needed. Violates Panchayat Raj Act (1996) for local self government, violating laws granting rights and control to adivasi communities over their land, violating many international conventions on human rights.
To sum up, SEZs and other emerging developmental issues can be seen in a broad perspective and theoretical underpinnings of neo-liberalism. As far as Indian polity is considered the implications emerging from SEZs may cause increasing socio-political crisis because the society is far more complex than we assumed and that will result in organized or unorganized resistance and that may even cause anti-neo liberal political forces. So, in order to avoid the polarization of the society, civil society should engage to create a consensus on developmental issues. More over, in order to understand the continuities and changes that are taking place in the developmental scenario it needs further study.
Endnotes
Bijoiny Mohanthy and S.C Hazary(Ed), Political Economy of India Retrospect and Prospects (New Delhi: APH Publ).
S.C Hazary, Political Economy of India Retrospect and Prospects, ( New Delhi: APH Publi,1997.)
Sukhendu Mazumder, Politico-Economic Ideas of Mahatma Gandhi (New Delhi: Concept Publishing House, 2004.).
B.Mohanan,(Ed), Gandhis Legacy and New Human Civilisation, Gyam publishing house, New Delhi,1999.
Vineetha Sharma, ‘Implications Of A Special Economic Zone on Project Affected People a case study of Reliance Haryana SEZ”, Man & Development, Vol.39,Dec,2007.
Jermy Grasset and Frederic Landy, ‘Special Economic Zones in India Between International integration and Real Estate Speculation’, Man &Development, Vol. 39,No.4, Dec, 2007.
India 2008, A Reference Annual, Publication Division, Ministry of Information and Broadcasting , Govt:of India, New Delhi,2008.
Partha Mukhopadhyay, “The promised land of SEZs” Seminar, Jan, 2008
.
Sheetal Sharma and Kishan Pratap, “ The Prosperous Few and the Pauperized Many: A Perspective on Special Economic Zones”, Mainstream, February,23-March,1,2007.
About the Author
Jipson V. Paul
MA. Politics and International Relations from M G.University Kerala
MPhil. Politics and Intrrnational Relations from M G University Kerala
Doing PhD in Pondichery Cental University Puducherry.
Davos Open Forum 2010 - After the Financial Crisis: Consequences and Lessons Learned
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Synopsis:
Ethics of Legal Profession
Introduction
The profession of law is honourable, and its members are expected to act in an honest and upright manner, and any deviation from these elementary principles is liable to e dealt with severely.
An advocate practising law is under a triple obligation:
An obligation to his clients to be faithful to them till the last, an obligation to the profession not to besmirch its name by anything done by him, and an obligation to the court to be and to remain a dependable part of the machinery through which justice is administered. It is beyond the scope of treatise on legal ethics to describe the aims and uses of examinations of witnesses or to state the rules as to how evidence shall be recorded. In examining witnesses the advocate should not forget that he is not merely the counsel of client but also an officer of the Court to further the ends of justice. Similarly, the advocate should maintain towards his opponent utmost cordiality. Clients and not counsels are litigants. The ill-feelings between clients should not be allowed to influence the conduct of their counsel. Says Daniel Webster: “lawyers on opposite sides of a case are like the two parts of shears, they cut what comes between them, but not each other”
In the same way, Law being a fraternity, the profession is entitled to loyal support of its members in the maintenance of this tradition. There are certain duties of advocates towards his profession also; like, professional courtesy, co-operation, equal consideration to all members of the profession, encourage junior brethren, should stand up for its dignity and privileges whenever there is occasion for it, he should expose corrupt or dishonest conduct in the profession. Similarly advocates should also owe certain duties towards his colleagues which is analysed in subsequent pages.
In the words of Chief Justice Marshall has observed;
“the fundamental aim of Legal Ethics is to maintain the honour and dignity of the Law Profession, to secure a spirit of friendly co-operation between the Bench and the Bar in the promotion of highest standards of justice, to establish honourable and fair dealings of the counsel with his client opponent and witnesses ; to establish a spirit of brotherhood in the Bar itself ; and to secure that lawyers discharge their responsibilities to the community generally.”
Legal profession is not a business but a profession. It has been created by the state for the public good. Consequently, the essence of the profession lies in the three things-
The codification of the canons of the professional ethics may give impression that the code is exhaustive while in reality it cannot be exhaustive. It has been rightly stated by P.Ramanatha Aiyer and N.S. Ranganatha Aiyer that it is not possible to formulate a code of legal ethics which will provide the lawyer with a specific rule to be followed in all the varied relations of his professional life.
Therefore, my project extensively deal with certain accepted canons of legal ethics which should be followed by lawyers in their ordinary discourse.
Meaning , nature and need of Professional Ethics:
Professional ethics may be defined as a code of conduct written or unwritten for regulating the behaviour of a practising lawyer towards himself, his client, his adversary in law and towards the court. Thus, ethics of legal profession means the body of rules and practise which determine the professional conduct of the members of a bar. When a person becomes an advocate his relation with men in general is governed by the general rules of law but his conduct as advocate is governed by the special rules of professional ethics of the Bar. The main object of the ethics of the legal profession is to maintain the dignity of the legal profession and the friendly relation between the Bench and the Bar.
The American Bar Association Committee has well explained the need of the code of legal ethics. It is observed that the legal profession is necessarily the keystone of the arch of Government. If it is weakened by allowing it to be increasing for subject to the corroding and demoralising influence of those who are controlled by craft, greed or gain or other unworthy motive, sooner or later the arch must fall. The future of the country, thus, depends upon the maintenance of the shrine of the justice pure and unrolled by the advocates and it cannot be so maintained, unless the conduct and motives of the members of the legal profession are what they object to be. It, therefore, becomes the plain and simple duty of the lawyers to use their influence in every legitimate way to help and make the Bar what is ought to be. A code of ethics is one method of furtherance of this end. The committee has further observed that members of Bar, like Judges, are officers of the court and like judges they should hold office only during good behaviour and it should be defined and measured by such ethical standards, however high, as necessary to keep the administration of justice, pure and unsullied. Such standard may be crystallized into a written code of professional ethics and lawyer failing to conform thereto, should not be permitted to practise or retaining membership in particular organisation.
Stating the need for the code of conduct of lawyers Justice Sundaram Aiyer has said:-
Rules are necessary even for the best self interest is a misleading factor when you have to decide on the spur of the moment what is to be done in the circumstances. The fact that these are definite rules and that much discretion is given to the individual would itself be an additional source of temptation. Never adopt the standard of business profession. But after all whatever light we may seek to get from rules of conduct which has been prescribed in England or other countries, a great deal will have to be left to individual conscience. Nothing but a determination to err always on the safe side in cases of doubts will enable you to do your duty consciously. In this country it must be confessed that very often petitioners are guilty of questionable conduct owing to ignorance. They do not really know what is proper to be done in any particular case and as there are no rules to guide there, no settled tradition to serve as an aspiration, each one is a law unto himself. He has further observed that it is not desirable that the lawyer guidance should be altogether under the judicial control. It would be impossible for judges to control the bar satisfactorily. To strict a discipline on the part of courts is likely to unfair the independence and self-reliance on the members of the Bar. It is all the more necessary, therefore, that there should be disciplinary bodies and that the profession should itself try and frame rules for its guidance.
Sir Sivaswamy has rightly observed that it is of course true that men are not necessarily made moral by courses of lectures on ethics but it must be remembered that lapses from the traditional standard are often due to ignorance and that the diffusion of knowledge of rules applicable to the professions must contribute to the maintenance of a high standard of integrity. The observation of the canons of legal profession will, no doubt, raise the profession in the publication estimation.
Even prior to the Advocates Act of 1961, the provision for punishment for misconduct is found. Section 10 of the Indian Bar Councils Act, 1926 contained provision for the punishment of misconduct. Besides this, Legal Practitioners Act, 1879also contained provisions for punishment of advocates for misconduct. Like section 13, which says:
“Suspension and dismissal of pleaders and mukhtars guilty of unprofessional conduct”
Section 14 . “Procedure when charge of unprofessional conduct is brought in subordinate court or revenue office”
Section 15. “Power to call for record in case of acquittal under section 14”
Professional Ethics
Section 49(1)(c) of The Advocates Act of 1961,empowers the Bar council of India to make rules so as to prescribe the standards of professional conduct and etiquette to be observed by the advocates. It has been made clear that such rules shall have effect only when they are approved by the Chief Justice of India. It has also been made clear that any rules made in relation to the standard of professional conduct and etiquette to be observed by the advocates and in force before the commencement of the Advocates (Amendment) Act, 1973, shall continue in force, until altered or repealed or amended in accordance with the provision of the Act.[1]
Rules of conduct
The Bar Council of India has framed standard of conduct and etiquette of the Bar. They are called rules, and have been made is exercise of its rule making power under secs. 49(1)(c) of 1961. These are statutory rules, binding and enforceable. These rules have been printed in full in the Appendix 2 and may be seen, and read there.
The following rules, however, sum up the standard of conduct of the Bar and are in no way inconsistent with the Rules of conduct referred to above. In so far as they are covered by the Rules of the Bar Council, they are statutory; the rest are traditional, and have their sanction is hoary past.
4. A solicitor must deal honestly and carefully, and in accordance with instructions, with money or other property held on behalf of his client. He must keep proper books and a separate account for the moneys of his client.
5. A solicitor must not allow his business to be conducted by unqualified persons.
6. An Advocate is bound, except in special cases, to accept any bribe offered to him, provided it is to appear in court in which he profess to practise and a suitable fee is offered.
7. When the client can pay, a lawyer should not charge less than the fees allowable on taxation. But where the client is poor, there is no objection of charging a low fee or no fee at all.
8. A lawyer must not vary his fees according to the success or failure of the cause. However, in a case of poor client with a bonafide case, a solicitor may proceed on the basis that his costs will be met in the event of success, out of what is recovered. In the case of barristers this relaxation of the rule is not recognised.
9. A lawyer must not solicit business, (except to a strictly limited extent in the case of solicitors) advertise himself either directly or indirectly.
10. A lawyer must devote himself entirely to his client’s interest. He must disclose any personal interest inconsistent with the client’s interest, and he cannot represent two or more clients whose interest conflict.
11. A lawyer must not, except with the clients consent, at any time disclose confidential information or use it otherwise than on behalf of the client.
12. A lawyer must make every legitimate effort to win his client’s case, and must not exercise a private judgment as to the soundness of any reasonable arguments or the propriety of any client or defence allowed by the law.
13. A lawyer should not allow a client to entertain false hopes of success in litigation, and where success is doubtful, should make the position clear to him.
14. In the conduct of a case it is lawyer’s duty to do for his client all that the client may legitimately do for himself. More, particularly, in criminal cases, he may defend a prisoner whom he knows to be guilty provided he does not make a false case or attempt to place the guilt on another person.
15. A lawyer must not express to the Tribunal his personal opinion in the matter arising in the case.
16. A lawyer owes a duty to the opponent not to use unfair methods against him. More especially, he must not deliberately convey to the jury information not admissible in evidence, nor makes needless attacks on the reputation of the opponent or his witnesses, or otherwise harass them unduly.
17. A lawyer may make concessions to the convenience of the opponent and his legal advisors, and he is not bound to take advantage of errors that can be cured, where the only ultimate result is delay or increased costs to the opponent. But he may not overlook, without the clients consent, an error that is fatal to the opponent or even one that will assist his own client’s case.
18. In contentious business a barrister may not accept instructions from any person but a solicitor.
19. As a general rule, witness should not be interviewed in one another’s presence.
20. A barrister fees should be marked on the brief, either by the solicitor or by himself before the commencement of the hearing. It is improper to alter the fees marked on the brief after the case is finished.
21. A solicitor is bound to pay a barrister’s fees whether or not he has received his money from the client.
22. An advocate should not agree to refund part of his fees in case they are not allowed on full on taxation, nor should he give a receipt for fees not actually paid nor accept a post dates cheque.[2]
Advocate and Court: Duty towards Court
1. Advocate is an officer of justice and friend of the Court:
The cardinal principle which determines the privileges and responsibilities of advocate in relation to the court is that he is an officer to justice and friend of the court. This is the primary position. A conduct therefore which is unworthy of him as an officer of justice cannot be justified by stating that he did it as the agent of his client. His status as an officer of justice does not mean he is subordinate to the judge. It only means that he is an integral part of the machinery for the administration of justice.[3]
It is difficult to lay down any hard and fast rule as to what expressions a lawyer can use, with impunity, while addressing a court and what should ordinarily be tolerated by the court. Where an advocate receive an application or petition for correction or for removing objections, it is the duty of the advocate to return it and he has no authority to retain it. It is misconduct on his part if he retains it as held in;
Punjab National Bank v. FM Gold Head Ltd. AIR 1993 HP 79
It is true that lawyer should always conduct himself properly in court of law, and exert his best at all times to maintain dignity of the court, but court has also a reciprocal duty to perform and should not only be discourteous to the lawyer but should also try to maintain his respect in the eyes of his clients and the general public with whom he has to deal in professional capacity.[4]
By accepting the brief of his client, the advocate does not cease to be an officer of justice. If that were so, the high and honourable office of counsel would be degraded to that of mercenary. It is the function of advocate not merely to speak for the client, whom he represents but also to act officer of justice and friend of the court. As friend or amicus curiae he has a privilege to offer suggestion to the court, with its consent, as aids to justice in a controversy that he does not appear for either side.
A famous case on the point is the trial of Algernon Sidney, for high treason in 1683. By the law of England, as it then stood, a man accused of high Treason could not have the aid of counsel. There was a technical defect in the indictment. A barrister rose, as an amicus curiae, and brought it to the attention of the court. Chief Justice Jeffreys remarked at this, “We thank you for your friendship”. The Court itself sometime appoints an advocate as amicus curiae if there is a question of law to be considered and his court thinks it advisable that someone should help it in arriving at a just decision.
2. Co-operation between the bench and the Bar is a necessity:
The first duty which advocates and judges owe to each other is of co-operation. Co-operation between the bench and the Bar is not a mere conventional statement. It is a fundamental necessity. Without it, there can be no orderly administration of justice. Says Sir Cecil Walsh in his book called
The Advocate:
“Nothing is more calculated to promote the smooth and satisfactorily administration of justice than complete confidence and sympathy between Bench and the Bar”.[5]
An intelligent knowledge of their respective positions should make both advocates and judges realise that though their functions may be different, their aims are identical. Both are equipments of the same machinery designs for administration of justice. Both are equally necessary in a free country.
3. What the counsel owes to the court:
i. The first duty which the counsel owes to the court is to maintain its honour and dignity—this is the cardinal principle determining the advocate relation in court. One of Hoffman’s Resolutions for Guidance of lawyers was this :
“To all judges when in court I will ever be respectful; they are the Law’s Vicegerents, and whatever may be their character and department, the individual should be lost in the majesty of the office”.
“Should judges, while on the Bench, forget that as an officer of this Court, I have rights and treat me even with disrespect, I shall value myself too highly to deal with them in like manner. A firm and temperate remonstrate is all that I will ever allow myself”.
“To the various officers of the court, I will studiously respectful, and specially regardful of their rights and privileges.”
The advocate owes courtesy and respect to the court for the following reasons:
a) Because he is the like judge himself, an officer of the court and an integral part of the judicial machine. The legal position consists of the Bar as well as Bench, and both have common aims and ideals.
b) In theory, it is the King or Sovereign who presides in the court of justice, and judge is merely the mouthpiece and representative of the Sovereign. Respect shown to the court is, therefore, respect shown to the sovereign whose representative the judge is.
c) Because not only litigants and witnesses but the general public will get their inspiration in this respect from the examples of advocates. It is necessary for the administration of justice that judges should have esteem of the people.
d) Because it is good manners, and advocates before anything else are “gentleman of the Bar.”
e) Even from the purely practical standpoint, there is nothing to be gained but there is much too loose by antagonising the Court. Conflict with the judge renders the trial disagreeable to all and generally an injurious effect on the interests of clients.
f) Because the usual practise in modern times is to appoint judges from among the members of the Bars, and even where this rule is not strictly observed the bench is fairly representative of the Bar.
g) Because it is necessary for dignified and honourable administration of justice that the court should be regarded with respect by the suitors and people.
(I) The advocate should not display temper in court. He will not indulge in any kind of insinuation in the court against the judge. He should convince the judge by argument and reason and not by appeal to his sentiments. While the case is going on, the advocate cannot leave the court without the court’s permission, and without putting another man in charge. While in court any expression of approbation and disapprobation of an order of the judge, e.g., that it is unjust or that it should be accepted with gratitude is against the etiquette of the profession. An advocate may, for the personal reasons, refuse to practise in a particular court or before any particular judge but if he joins the movement of boycott of courts it is disrespect to the courts. Such a conduct on the part of officer of court is reprehensible.[6] It is his duty to co-operate with the court in the administration of justice. The advocate should not criticize judicial conduct while the case is pending. After, however, the case is decided, a fair comment will be justified. The Advocate should submit to the ruling of the judge whether he considers it right or wrong. He must not lose temper at an unfavourable ruling. In the words of Lord Bacon:
“Into the handling of the cause anew after a judge has declared his sentence.”
It is disrespectful to read newspaper in court, or to engage in private conversation in court, or not to wear proper dress, or to laugh at the argument of the opposite party.
Respect for dignity of the court has behind it not merely moral support but also the sanction of law. The court is empowered to punish conduct which undermines its authority or impairs its dignity. Such conduct amounts to “contempt of Court”.
(ii) The advocate must not do anything which lowers public confidence in the administration of justice:
For instance, he must not make unfounded allegations of corruption and partially against the judicial officers. He must not allege in a transfer application scandalous charges against the judge which cannot be proved. Lord Heward L.C.J. said:
“It is important that justice should be done, it is hardly less important that it should manifestly appear to be done.”
(iii) It is the duty of the bar to support judges in their independence because in the integrity of judges lies the greatest safeguard of a nation’s law and liberties. Judicial independence is the only protection against tyranny and whims of the executive.
(iv) The advocate must not do anything which is calculated to obstruct, divert or corrupt the stream of justice, for instance, he must not advise disobedience to the courts order and decrees.
(v). Another duty which the advocate owes to the court is that of fidelity, he must be honest in his representation of the case. He must not deceive the court. Sir John E. Singleton says;
“The whole foundation and structure of the administration of justice in this country depends on the confidence of the bench and the bar...it is the duty of the counsel to draw the attention of the court to any case which is contrary to his contention if he knows of that case. And it is scarcely necessary to point out that the duty of the counsel in this regard is in complete accord in the interest of his client and with his own interest.”
(vi). The counsel is under an obligation to present everything to the judge openly and in the court, and nothing privately. He must not attempt to influence private influence upon the judge: seek opportunities for the purpose; or take opportunities of social gatherings to make ex parte statements or to endeavour to impress his views upon him.
(vii). The advocate must not place himself in a position which he cannot effectively discharge his obligations to the Court as minister of justice. He should not have any personal interest in the litigation he is conducting. It will be misconduct on his part to stipulate with his client to share in the results of litigation.
In, Manjeri S.K. Ayyar V. Secy. Urban Bank Ltd, Calicut; 56 mad 1970:AIR 1933 Mad 682
Merely because a legal practitioner is a member of a corporate society is not sufficient to prevent him from accepting instructions from the society of which he is a member. But it is improper for a legal practitioner who is a director to appear for remuneration for the society in its legal business.
(viii) Relations of advocates and judges outside the court:
Advocates and judges are members of same fraternity. They are both officers of state engaged and united in the common ideal of promoting legal justice. Judges are generally selected from lawyer’s rank and, have therefore the same lineage.
(ix) Lawyers are not subordinate officers of the Court:
In, Mahant Hakumat Rai V. Emperor; AIR 1943 lah 14: ILR 1943 Lah 791
To call such a responsible person a subordinate officer of the Court and thus degrade him to the level of the other ministerial officers working in the court is an entirely erroneous conception of the position he acquires.
(x). Advocate’s Duties toward court:
It is difficult to lay down any hard and fast rule as to what expression a lawyer can use with impunity while addressing the court and what should ordinarily be tolerated by it. As remarked in Oswald on Contempt Of Court, Ed. 3 at page 54:
“An over subservient Bar would be one of the greatest misfortunes that could happen to the administration of justice”.
(xi). General Duties of Advocates: Absence of appearance in murder cases
In the matter of F.K. Byrne, Bar at Law, Lahore. AIR 1928 Lah 448
It has been authoritatively laid that where a counsel at having received his fees from his client for arguing a murder appeal, hands over the case to another counsel at the eleventh hour giving only the small portion of his fees, on the ground that he was engaged elsewhere, is guilty of grave impropriety in the discharge of his duties.
Adjournments:
A pleader who asks for adjournments on different occasions to move the High Court for the transfer of a case and takes no steps at all, on these occasions in either himself or by means of his clients to move the High Court and it appears that the adjournments were asked for merely to delay the course of justice with deliberate intention renders himself liable to be punished for grossly improper conduct in the discharge of his professional duty.
Advice from Court:
It is not proper on the part of the counsel to take advice from the court as to the kind or amount of evidence which is required to be adduced in support of his client’s case.[7]
Drunkenness:
It is highly objectionable on the part of advocate to attend the court in such a drunken state as to enable to conduct the case properly and keep the decorum of the court.[8] In the above cited case a pleader for an accused appear in the court of a magistrate in a drunken state and was unable to conduct the case of his client, as he ought to have done.
Attempt to influence judge:
Where a pleader tried to influence judge before whom he was arguing the case, through a relation of the latter, it was held that the pleaders act was highly reprehensible and it was in the interest of the legal profession that serious notice should be taken of such an act.[9]
Conduct in bail matters:
A legal practitioner standing surety to a man arrested under section 420 of the IPC, and convicted under that section and keeping in possession on behalf of the accused properties held later on to have been involved in the offence is not guilty of professional misconduct.[10] But advocate who receives money in furtherance of a contract of indemnity of bail is guilty of grave misconduct and only suitable punishment for retention by him of the money on pretence that it was his fees is the removal of his name from the roll as held in;
Lambaji Motiji V. Kewal Gopaldas, 3 IC 897: 19 CrLJ 412
Bribery:
Corruption cannot be eradicated unless the public refuse to pay bribe. Of all the public, lawyer is a privileged position and he should be the first to oppose payment of bribe. Instead of that if a lawyer collects money from his clients for the purpose of having to pay them as a bribe to get his client’s work done, it is highly unprofessional.[11]
Apart from these some other ethical conduct requires on the part of advocates are:
1. Sources of relations between counsel and client:
In India, the counsel’s relations with his client are primarily a matter of contract. The relation is in the nature of agent and principal. The agreement determines to what extent the counsel can bind his clients by his acts and statements; what shall be its remuneration, whether he will have a lien on his client’s property, etc. It is evident, however, that as counsel is also conform to the ethical code prescribed for him by law and usage, he cannot be a mere agent or mouthpiece of his clients to carry out his biddings.
(i). The relationship is personal and fiduciary:
It is a relation of trust and confidence. It is confidential requiring a high degree of fidelity and good faith. In V.C. Rangadurai V. D. Gopalan, AIR 1979 SC 281;
Justice Sen has observed that the relation between the advocate and his client is purely personal involving a highest personal trust and confidence.[12]
a) It is a relationship of trust and confidence. All transactions between the advocate and his client will be watched by the Court with jealousy and suspicion. Even though the transaction is not illegal, the court will scrutinize it most closely and requires strict proof that no undue advantage has taken by the counsel of the confidence reposed in him by the client. He should avoid business with his client not only in regard to Matters in suit but also in relation to other matters. He should, for instance, neither lend nor borrow.
b) The advocate must keep clear and accurate account of all moneys received from and on behalf of his clients. Money collected by the counsel on behalf of the client should be promptly paid over to him. it was held in G. Naranswamy V. Challapalli, 4 IC 398: advocates has no lien on clients money.
c) The counsel should return papers and documents to the client the moment the case has terminated. No paper should be retained without the client’s consent. But it was held in Raja Muthukishna V. Nurse, 44 M 978; the counsel has no doubt a lien on the papers for money due to him. For an advocate to retain the judgment of the Trial Court with the intention of getting himself engage in appeal amounts to professional misconduct.
d) Counsel also cannot delegate his duties without the client’s consent. The following rules in this connection occurs in the canons of The American Bar Association:
“it is not permissible or in accordance with professional etiquette for a counsel to hand over his brief to another counsel to represent him in court and conduct the cases as if the latter counsel has himself been briefed, unless the client consent to this course being taken.”
e) The counsel while accepting the retainer should disclose to his client any matter which might affect the relation or the client’s direction in choosing him as his counsel. He should inform him of any interest in which he may have in a matter concerning which he is employed; any adverse retainer; or anything which may, in any degree interfere with his exclusive devotion to the cause confided to him.
f) After engagement the counsel must not revise agreement regarding his remuneration, or, while the business in which he had been employed is unfinished, except present and gifts from the clients.
g) It is the duty of the advocate not to use information which has been confided to him as advocate to the detriment of the client, and this duty continues even after the relation of advocate and client has ceased.
h) It is the duty of advocate not to appear for two clients whose interest are in conflict.
i) It is the right of the client to discharge any time his advocate whom he no longer trusts or on whose skill and ability he no longer relies.
J) The advocate must not divulge his client’s secrets or confidences as these communications are privileged and protected under section 126 of the Indian Evidence Act.
2. Advocate’s duty to his clients:
A special responsibility rests on the members of the Bar to see that the parties do not misled the courts by false and reckless statements on material matters. As was observed in[13]that an advocate stands as a loco parentis towards litigants. A member of a Bar undoubtedly owes a duty to his clients and must place before a court all that can be fairly and reasonably be submitted on behalf of his clients. Advocate is not a mere a mouthpiece of client but he is an officer of the court[14]. It is the duty of the court to help bringing down arrears and to prevent the abuse of the process of the abuse of the court. Their duty to client should persuade them to advise their clients not to go in futile litigation.[15]
It is expected that an advocate for a party would conduct a case with all its sense of responsibility which he is expected to have in discharge of his duty to his client. It is the duty of every advocate who accepts the brief in a criminal case to attend the trial from day to day. He would be committing the breach of his professional duty if he fails to attend.[16]
A client is entitled to be protected from an advocate who is likely to betray them; the profession cannot afford to have a member who fails in keeping to the required standard of conduct. It is the duty of an advocate who has accepted the vakalatnama and filed it in the court to go to court on the day fixed for the hearing of the case even if he has not received his fees unless the client terminates the contract. Moreover, the payment of commission to procure client is unprofessional.
3. What the counsel owes to his client:
(a) The first obligation which the advocate owes to his client is to prepare his brief with care, skill and thoroughness:
In India, not only presents his client’s case in court, but also prepares it. For this purpose he should make a thorough grasp of facts of the case. In order to get acquaintance with facts, he should thoroughly listen to the client’s story. It is the duty of advocate to examine him to get all relevant and material facts. A thorough cross examination of witnesses is necessary, to enable the counsel to get at all real facts and to chalk out his line of defence. If after investigation, the counsel thinks that his client’s case is weak and untenable, he should tell him so. One of the special dangers which threaten the professional ideals in the present life is the tendency to assimilate the practise of law to the conduct of business and commercial standards. Once the advocate has accepted the brief, the etiquette requires that he should be grudge no time or toil, however great, needful to the thorough mystery of his case in its facts and legal rules irrespective of the amount of fees paid to him.
It has been held by the High Courts of India that a pleader is guilty of misconduct if after receipt of full fees he neglects to appear and conduct the case.[17]
(b) Secondly, in giving advice to his client for or against litigation, he should give his candid opinion. On this point Sharswood says in his Legal Ethics:
“It is nothing but selfishness that can operate upon a lawyer when consulted, to conceal from the party his candid opinion of the merits, and the probable results. It is fair that he should know it; for he may not choose to employ a man whose views may operate to check his resorting to all lawful means to effect success. Besides, most men when they consult attorney, wish a candid opinion; it is what they ask and pay for.”[18]
Counsel also owes duty of continuous service to his clients. When the counsel after he has begun the case leaves the court to attend another case, it amounts to professional misconduct.[19]
Advocate’s fee- fixation of fees
In an ancient book called Mirror des justices, written by Andrew Horne, laid down that a lawyer in fixing his fees should take four things into consideration:
a) The value of the cause
b) The pains of the serjeant
c) The worth of pleader on point of skill
d) The usage of the court.
By the present day usages of the Bar, the following elements usually enter into consideration in fixing the amount of fee:
a) The qualifications and standing of advocates who is asked to render professional service. It is evident that service rendered by the person of superior education and rich experience is likely to be more valuable and of better quality than the advice given by a person who is less qualified.
b) The difficulty in the problem involve in the case. The more intricate the case the greater will be the degree of skill and amount of labour required.
c) The amount of time required to render professional service.
d) The amount involved in the suit.
e) The result expected to be accomplished as a consequence of the lawyer’s exertion.
f) The customary charges of the Bar for such services.
Contingent fee and right of lien:
The fee depending upon the success of the suit or proceeding is regarded as against the public policy. The agreement for Contingent fee is hit by section 23 of the Indian Contract Act. Rule 9 framed by the Bar council of India expressly provide that an advocate should not act or plead in any matter in which he is himself be pecuniary interested. The agreement for the contingent fee is looked upon with disfavour, and later as inconsistent with the high ideals of the Bar.[20]
In the case of R.D. Saxena V. Balram Prasad Sharma; AIR 2000 SC 2912;
The Supreme Court has held that an advocate cannot claim a lien over a litigation file entrusted to him for his fees. The court has held that no professional can be given the right to withhold the returnable records relating to the work done by him with his clients matter on the strength of any claim for unpaid remuneration. The alternative is the professional concerned can resort to other legal remedies for such unpaid remuneration.
The same ruling is given by Apex Court in the matter of,
New India Insurance Company Ltd V. A.K. Saxena; AIR 2004 SC 311.[21]
Is it permissible for an advocate to sue for his fees?
In India, law allows it. However, according to general practise of the profession, it is dignified that the counsel should sue for his fee. The rule exists to maintain prestige of the profession and the public confidence in the Bar. His fee should therefore, be both fixed and paid beforehand.
Some other important duties which an advocate owes to his clients are:
Advocate and Witnesses:
General:
1 .Counsel’s obligation in respect of witnesses:
In examining witnesses advocate should not forget that he is not merely the counsel of client but also an officer of the court to further the ends of justice. He must not disregard the feeling of witnesses, or embarrass or bully them. He should not be sarcastic. He should not assume that all witnesses are liars to be treated alike. Advocate should not recognise these limitations and the result is that witnesses in this country have seldom a good word to put in for box.
2. The advocate must not misuse the privilege of cross examination:
This privilege like any other privileges, should only be used for the purpose intended, and should not be abused from sinister motives. A party may impeach the credit of a witness called by him only if he turns hostile and that too with the leave of the court.
a) Aimless heckling of witness is not honourable.
b) The advocate has no right to disgrace and bully a witness by putting offensive questions.
c) The privilege of cross examination should not be misused by an examination which is unnecessarily too long.
d) There is general complaint that the privilege of cross examination as to credit is frequently abused.
3. He must not tutor his witnesses:
A witness is required by law to testify facts which are within his knowledge and which he considers as true. So jealous is the law about purity of testimony that it does not permit even a leading question to be put to witness. This is not so because the answer cannot be true, but because the answer to a leading question is not regarded as free act of witness, but as regarded as suggestion to the counsel. This does not mean that the counsel should not confer with his witnesses in advance. In fact there is certain amount of the guidance to witness and dealing with them in relation to their testimony which are permissible to advocate by his Code of Professional Ethics.
4. The advocate must not tamper with witnesses:
Bribing a witness for the purpose of influencing his testimony is unprofessional. So long as witness is called to tell the truth and not to bolster up a falsehood and so long as payment is not made to corrupt him, the fact that he is paid or promised more than the statutory fee cannot be described as bribery.
5. Counsel as witness:
A dual capacity of witness and advocate is not approved by professional ethics. If it becomes necessary for the counsel to appear as witness in the case, he should withdraw from the case. Counsel is an advocate to the client but cannot be a witness, for or against the client in the case which he is conducting.
A counsel for a party should not also be his witness in the case without retiring from the case as counsel. It is a sound principle that a person who is appearing as counsel should not give evidence as witness. It is against the etiquette of the Bar that the member of the profession should give evidence in the case in which he is engaged as counsel and no self respecting counsel would be prepared to conduct a case for the defence after having been called as a witness for the prosecution.[29]
6. Abuse of privilege:
A gross abuse of the right of cross examination by legal practitioner is grossly improper conduct in the discharge of his duties.[30]
7. Perjury and false statement:
It is hardly necessary to say that it is not part of the etiquette of the members of the profession to tell lies in court or give perjured evidence on behalf of their client,[31] members of the legal profession are expected to maintain not only a high standard of professional morality and ethics but they are also expected as men of education and culture and as members of an Honourable profession to act in an honest and straight forward and upright manner.
Coutts Trotter, J. Said in his judgment:
“Perjury is an offence the gravity of which I do not seek to minimize, especially when committed by the member of the Bar who knows it full import. At the same time he has many degrees of gravity, and I think there is much to be said in extenuation of the offence committed by Mr .A”
8. Harassing tactics by counsel:
It is important to protect the courts from the harassing tactics on the part of the counsel. Where a counsel resorts to attempting to provoke the magistrate trying the case into same unguarded expression and then applies to transfer, the method adopted is neither in the interest of his client nor in the interest of justice.[32]
9. Citing advocate for accused as witness:
There is nothing necessarily unprofessional in counsel giving evidence in a case in which he appears as such. In Emperor V. Dadu Ram; AIR 1939 Bom150:
It has been observed in that case:
“On the one hand the accused person is entitled to select the advocate whom he desires to appear for him, and certainly the prosecution cannot fetter that choice merely by serving a subpoena on the advocate to appear as a witness. On the other hand, the court is bound to see that the due administration of justice is not in a way embarrassed. Generally, if an advocate is called as a witness by the other side, it can safely be left to the good sense of the advocate to determine whether he can continue to appear as an advocate, or by whether so doing he will embarrass the court or the client. If the court comes to the conclusion that a trial will be embarrassed by the appearance of the advocate who has been called as a witness by other side, and if not withstanding the court’s expression of his opinion, the advocate refuses to withdraw, in my opinion, in such a case court has inherent jurisdiction to require the advocate to withdraw.”
Advocate and his Opponent:
The advocate should maintain towards his opponent utmost cordiality. Clients and not the counsel are litigants. Says Daniel Webster:
“Lawyers on opposite sides of cases are like the two parts of shears, they cut what between them, but not each other.”[33]
He should always treat his opponent with fairness and due consideration. For instance, in drafting pleadings, he should act with care, prudence and good faith. He should not indulge in abuse and reckless charges of fraud, dishonesty and criminality. In Kedar Nath V. King Emperor[34]; and Thangavelu V. Chengalvaroya[35]:
“The satisfaction required is not that the allegation is true, or even that it is prima facie true, but only that there are grounds for making it.”
Just as it is the right of the advocate not to be interrupted by the court ,so it his duty not to interrupt his opponent. Interruption of the opponent is improper for several reasons:
Moreover, a lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel; much less should he undertake to negotiate and compromise the matter with him, but should deal only with his counsel. It is incumbent on the lawyer most particularly to avoid anything that may tend to mislead a party not represented by counsel.[36]
Advocates and colleagues: Duty toward colleagues
Rule 36, 37, 38, and 39 framed by the Bar council of India deal with the duties of an advocate to the colleagues. Rule 36 provides that an advocate shall not solicit work of advertise (either directly or indirectly) whether by circulars, advertisements, touts, personal communications interview not unwarranted by personal relations, furnishing or inspiring newspaper, comments or producing his photograph to be published in connection with case in which he has been engaged or concerned. The sign-board or name plate should be of reasonable size. The sign-board or stationary should not indicate that he is the President or member of the Bar council or of any Association.
The advertising is prohibited because it may lead to unhealthy competition among the advocates. Advertisement can be allowed only for proper guidance so that it may not lead to unhealthy competition and may not result in lowering dignity of the legal profession.
Rule 37 provides that an advocate shall not permit his name to be used in aid of or to make possible the unauthorised practise of law by any agency.
Rule 38 makes it clear that an advocate shall not accept a fee less than the fee taxable under the rules when the client is able to pay the same.
According to rule 39 an advocate shall not enter appearance in any case in which there is already a vakalatnama or memo of appearance filed by an advocate engaged for a party except with his consent; in the case such consent is not produced he shall apply to the court stating the reasons why the consent should not be produced and he shall appear only after obtaining the permission of the court. The object of this rule is to secure goodwill among the advocates.[37]It prevents the temptation of seducing client from counsel who have already been engaged. Besides, it is one of the professional obligations, of an advocate to dissuade client from charging his counsel unless he has a strong reason for it and to satisfy himself that the reason is proper and adequate. The ill feeling of client should not affect their cordial relations.
All lawyers are brothers at the bar. An advocate should be courteous to the other advocates.
Miscellaneous Duties:
2) Rule 42 deals with the consequences of the non payment of the said amount by the advocate. It provides that an advocate fails to pay the aforesaid sum within the prescribed time as provided under rule 40, the Secretary of the State Bar council shall issue to him a notice to show cause within a month why his right to practise be not suspended. In case the advocate pays the amount together with late fee of rupee five month, the proceeding shall be dropped. If the advocate does not pay the amount or fails to show sufficient cause, a committee of three members constituted by State Bar Council in this behalf pay pass an order of suspension.
3) Rule 43 provides that an advocate who has been convicted of an offence under section 24-A of the Advocates Act, or has been declared insolvent or has taken full time service or part time service etc, shall send a declaration to that effect within 90 days from the date of such disqualification. If he fails to do so, then his right to practise may be suspended.
4) Rule 44 provides that an appeal shall lie to the Bar Council of India at the instance of an aggrieved advocate within a period of 30 days from the date of order passed under rule 42 and 43.
5) Rule 45 framed by the Bar Council of India makes it clear that it is improper for an advocate to demand or accept fees or any premium from any person as a consideration for imparting training in law under the rules prescribed by the State Bar Council to enable such person to qualify for enrolment under the Advocates Act, 1961.
6) Rule 46 provides that every advocate shall in the practise of the profession of law bear in mind that any one genuinely in need of a lawyer is entitled to legal assistance even though he cannot pay it fully or adequately within the limits of an advocate’s economic conditions, free legal assistance to the indigent or oppressed is one of the highest obligations, as an advocate owes to the society.
7) Rule 47 provides that an advocate shall not personally engage in any in business but he may be a sleeping partner in a firm doing business provided that in the opinion of the appropriate State Bar Council the nature of the business is not inconsistent with the dignity of the profession.
8) Rule 48 makes it clear that an advocate may be a director or chairman of the Board of Directors with or without any ordinary sitting fee, provided none of his duties are of an executive character.
9) Rule 49 provides that an advocate shall not be the full time salaried employee of any person, government, firm, corporation etc, so long as he continues to practise.
10) Rule 50 provides that an advocate who has been succeeded by survivorship, to a family business may continue it, but not personally participated in the management thereof.
11) Rule 51 provides that an advocate may review parliamentary Bills for remuneration, edit legal text book at a salary, do press-vetting for newspapers, coach pupils for legal examination, set and examine question paper etc both legal and non-legal.[38]
Advocate and Profession:
Advocates in their professional capacity address each other as brothers. This spirit of fraternity at Bar is one of the noblest traditions of the legal profession and is many centuries old. Shakespeare said, “Do as adversaries do in law. Strive mightily but eat and drink as friend.”
Lawyers stand for common ideals of order, justice and rule of law in the community and have common rules of etiquette and professional observances. Some basic etiquette which every advocate should follow with regard to its profession are :
Conclusion:
To conclude our whole discussion on the ethics of legal profession or the duties of an advocate, one can fairly summarize that basically the duties which an advocate has to follow is of moral character, what he owes to his clients or opponent or colleagues or towards court is not only determined by the rules framed by the Bar council of India in this behalf but all the more, it also depends on one etiquette manners. In what way and in what manner an advocate has to conduct himself is determined by his loyalty towards his profession. The profession of law is honourable and its members are expected to act in an honest and upright manner. And any deviation from these elementary principles is liable to be dealt with severely. An advocate practising a law is under many fold obligations like certain obligation towards court, client, witnesses, opponent, colleagues and general duties as a member legal profession. When advocate do not follow any of such obligation imposed on him by law, then he can be guilty of professional misconduct. Misconduct can be defined as dereliction of or dereliction from duty. An advocate is answerable for dereliction of duty. In order to avoid misconduct every legal practitioner should understand his duties. When lawyer is guilty of any professional misconduct, then only any action can be taken. The fundamental aim of legal ethics is to maintain the honour and dignity of the law profession, to secure a spirit of friendly co-operation, to establish honourable and fair dealings of the counsel with his client, opponent and witnesses, to establish the spirit of brotherhood in the Bar itself; and to secure that lawyers discharge their responsibilities to the community generally. Legal profession is necessarily the keystone of the arch of government. Legal profession is not a business but a profession. It has been created by the state for the public good. Consequently, the essence of profession lies in two things:
Bibliography:
1) The Advocates Act of 1961
Universal, Bare Acts with short notes
2009; Law Publishing Co. Pvt. Ltd
2) C L Anand
Professional Ethics of The Bar
The Law Book Co. Pvt. Ltd.
2nd Ed. 1987
3) D.V. Subbarao
The Advocates Act, 1961
Lexis Nexis, Buttersworth
7th Ed. 2005
4) Dr. Kailash Rai
Legal Ethics: Accountability for Lawyers and Bench-Bar Relations
Central law publications
8th Ed. 2008
5) Nirmalendu Dutt- Majumdar
Advocates Act and professional Ethics
Eastern Law House
2nd Ed. 1975
About the Author
After being Fired and Kicked out! I need major help?
Someone told me there is only a ninety day period in which this "kick out" can last. Is that true? And if not, how can I be able to return the the site of earlier employment? Is there any law stating I cant?
You see they cohersed me to sign a paper stating I was no longer allowed on the property. Does this hold up?
Please help me, what Can I do?
The paper only states you were INFORMED you are no longer allowed on your FORMER employer's property. They have the legal right to ban ANYONE from their property for LIFE, and they don't need a reason.
The only applicable law is called Trespassing.
WorkersCompensation.com's NewsLine Report for 3/13/2007
Why is legislation / employment law important in upholding and protecting the rights of BOTH employer/employee
This is part of my "work within your business environment" study for a degree. I need some brainstorming ideas here...
Employment Law is a very complicated field of law. It is also very misunderstood.
Employment law in the United Kingdom
============================
During much of the Nineteenth century the employment contract was based on the Master and Servant Act of 1823, designed to discipline employees and repress the 'combination' of workers in Trade unions.
Employment Law in the United Kingdom has developed rapidly over the past forty years, due to a historically strong Trades Union movement and to the United Kingdom's membership of the European Union. In its current form, it is largely a creature of Statute, (Acts of the UK Parliament) rather than Common Law.
Leading Employment Law Statutes include the Employment Rights Act 1996, the Employment Act 2002 and various legislative provisions outlawing discrimination on the grounds of sex, race, disability, sexual orientation, religion and, from 2006, age.
Unusually for UK legislation, the operation of the Employment Law system is broadly similar across the whole of the UK. There are some differences in the common law between England & Wales and Scotland and, in addition, Northern Ireland has extra anti-discrimination legislation.
Summary of Internal Employer's Process
==============================
After the employer's own processes, such as disciplinary hearings and internal appeals, have been exhausted, employment law cases usually start by the aggrieved employee presenting a complaint to an Employment Tribunal (ET). These (as Industrial Tribunals) were set up under the 1964 Industrial Training Act, although they now have a substantially greater role and do count as courts. They have sometimes been referred to as industrial juries.
Northern Ireland offers a Fair Employment Tribunal and an Industrial Tribunal. These are administered by OITFET - the Office of the Industrial Tribunal and the Fair Employment Tribunal.
As from 1st October 2004, both employers and employees will be required to follow a statutory dispute resolution procedure when effecting dismissals or dealing with grievances. A failure by the employer to follow the procedure results in the dismissal being automatically unfair and an enhancement in any compensation payable to the employee. A failure by the employee in following the procedure results in a possible bar to bringing tribunal claims or a reduction in any compensation payable.
Summary of Tribunal Process
======================
Generally speaking a tribunal will hear specific complaints about an aggrieved party being deprived of their rights, including (but not limited to) unfair dismissal.
In short, a claim is submitted, a response is required by a certain deadline, any preliminary issues are dealt with at a case management conference or a pre-hearing review, a period of time is allowed for ACAS (UK) or the LRA (NI) to explore settlement options, and then the tribunal orders are sent out after the ACAS conciliation period has expired leading to a full merits hearing of one or more days. Complex cases that are not resolved in one day are carried over to a remedy hearing at a later date to discuss the award only. A judgment is then sent out with the parties given 14 days to ask for written reasons behind the decision (unless they ask on the day).
Complaints to Tribunal and Time Limits
============================
A complaint of unfair dismissal can only be made where there has been a dismissal, so that there is no general right to complain of unfair treatment. An employee may, however, complain at any time that they consider a statutory 'employment protection' right has been infringed. Where this takes place in connection with a dismissal an employee may combine this with their complaint against the dismissal.
Except where no qualifying time limit applies (as in the case of 'statutory rights') an employee needs to have worked for their employer for a least a year in order to make a complaint of unfair dismissal to an employment tribunal. In addition, a claimant may raise a complaint of discrimination without claiming dismissal or whilst also claiming dismissal but without one year of service. Claimant's with less than one year's service may find their unfair dismissal claim is brought to a pre-hearing review where they are asked to explain why they feel they can bring a claim without a year's service, i.e. dismissal due to a public interest disclosure or for being a trade union member. Most tribunal offices however write to the claimant upon receipt of their claim form telling them that they have 14 days to show why their claim should be heard, otherwise the chairman will strike out the claim.
In certain circumstances, an employer's conduct could be such that an employee is entitled to resign in response and to regard that as an unfair "constructive" dismissal. Failure by an employer to extend a fixed term contract can also be an instance where a claim for unfair dismissal may be made.
Employment regulations play a key role in the development of any business. Sometimes, building a team with complementary skills involves little more than a quick chat with someone who has been introduced to them by a business associate. No psychometric tests, references or formal contracts of employment here.
Often, employees or team members are taken on without sufficient protection in terms of valuable intellectual property or a means to prevent ´moonlighting´or unfair competition when they leave.
Emerging businesses and entrepreneurs can have the basis of a fantastic business, but, once they start employing people, things can go wrong.
Employees can rip companies off by stealing their ideas or passing them on to subsequent employers, who have not invested heavily in the underlying research and development.
Even if employees do not take ideas or indulge in unfair competition, poor performance can itself damage the business.
Not only that but any attempt to discipline or improve the errant employees can lead to employment tribunal claims, where, for example, unlimited damages can be awarded where discrimination is proved.
The year 2003/4 saw 115,000 employment tribunal claims in the UK, of which over 31,000 resulted in a hearing. Any trouble like this is inevitably a very disruptive and costly event for any business with limited management resources.
The stakes are high. Though the average settlement was £7,275, some race and sex discrimination claims resulted in awards against employers of around the £0.5m mark.
Traditionally, smaller and emerging businesses have adopted a reactive approach. Employment lawyers are called in when an errant employee claims the rights to technology developed in his or her employment or where a tribunal claim is threatened.
It is much better to make sure that he or she has the necessary employment contracts in place and the appropriate procedures.
Contracts should specifically address the issue of research and development and who owns the rights to such material etc. Normally, this will be the employer, but it is unwise to rely solely on this generalisation.
The procedures covered should include those for grievances and disciplinary matters. Commonly, equal opportunities, bullying, harassment and even the use of company emails are also covered.
From stealing ideas and information through to the incorrect use of emails, the risks are significant.
For further information please refer to the below Source List
How To Become a Paralegal or Legal Assistant
[mage lang="" source="flickr"]employment law verifying references[/mage]
I have an employment law question....?
I am asking for someone eles....
If you have been with the same employer
for over a year, is it legal for them to expect
you to go back to your References you listed
on your application and have them verify in
writing that THEIR ( the references ) degree or license is legal?
Isnt this something that should be done by
Human resources?
It's probably legal, but I cannot think for the life of me why would that matter to a company a year later.
Furthermore, a company listed as a reference doesn't have to give that information to anyone, and AS an employer, I would find that so odd, I would refuse to do it on principal.
Licenses are public information...that's another reason why it would be an odd request.
CareGivers America Non-Medical In-Home Health
President Obama's Remarks at Industrial Support, Inc. in Buffalo on May 13, 2010
Transcript Provided by the Office of the White House Press Secretary
Experienced St. Louis Immigration Attorney Evita Tolu
Did FDR's policy really prolong the Great Depression by 7 years, as leading UCLA economists now believe?
In an article in the August issue of the Journal of Political Economy, Ohanian and Cole blame specific anti-competition and pro-labor measures that Roosevelt promoted and signed into law June 16, 1933.
"President Roosevelt believed that excessive competition was responsible for the Depression by reducing prices and wages, and by extension reducing employment and demand for goods and services," said Cole, also a UCLA professor of economics. "So he came up with a recovery package that would be unimaginable today, allowing businesses in every industry to collude without the threat of antitrust prosecution and workers to demand salaries about 25 percent above where they ought to have been, given market forces. The economy was poised for a beautiful recovery, but that recovery was stalled by these misguided policies."
http://newsroom.ucla.edu/portal/ucla/FDR-s-Policies-Prolonged-Depression-5409.aspx?RelNum=5409
Interesting article, and baffling that it came out of UCLA!!
Yes, it's the perfect example of a far-left liberal not believing in the free market. When the free market has been left to regulate itself things have gone peachy. It's only when the government decides "it knows better" and interferes that things really go to pot.
Take our current situation: Banks didn't want to give loans to people who obviously couldn't afford them. The government butts in and says, "but you HAVE to give loans to the poor and working class! And if you don't we'll fine you BIG time!" Hence, the Community Reinvestment Act and other government mandates to give loans to unqualified applicants.
What happens? Just like the banks predicted, those who couldn't afford loans defaulted and the banks were left holding unsellable vacant properties, which they then turned over to Fannie and Freddy Mac. Bingo! You now have a horrible housing crisis that can be traced back to government interference in the markets.
"Government isn't the solution to our problems, it IS the problem" - Ronald Reagan
Hofstra Law: Bram Weber '00 -- On Law Journals and the Academic Experience
[mage lang="" source="flickr"]attorney employment law alabama[/mage]
This Term’s pending cases
So far, the Court has decided 33 of its argued cases this Term, including (as of yesterday) all cases argued during the October Sitting. However, 44 argued cases are still pending, and will be decided before the end of the Term. Below the jump, you’ll find a list of all this Term’s outstanding cases (and [...]
Stephanie D. Banks Criminal Defense Lawyers in Decatur, GA
[mage lang="" source="flickr"]online employment law schools[/mage]
I went to a terrible law school, how do I get law firms to hire me?
Even though I went to one of the worst law schools in the country (California Western), I scored in the 99% on my LSAT and have an IQ of 150 (1 in 300). I know I'm smarter than most attorneys regardless of school,.
If I want to be a lawyer, where is the best 4year college to start with before law school?
Now, the thing is I am not rich and I have a B-average. I live in KC Missouri and the closest school I will consider is MU. I want to stay in the USA and will go anywhere except Alaska.
if im a lawyer trying to help the plantiff sue what am i called?
a lawyer - I think 'council for the plaintiff' sounds pretty good. - Someone who shouldn't be an attorney, if you went through law school without learning this. - A shyster by any other name is still a shyster. - Plaintiff's attorney. We only.
if law school lasts 4 years, what does the frase 'pre law ' mean that is so often heard in movies?
law school is only 3 years pre law is 4 years for your under grade degree - pre law 4 years then 4 more years to become judge, or president - Pre law is a program or.
I'll be applying to law school next fall. should I get letter of reference from an employers or two from profs
I've been in the work force for 15 years and been getting my undergrad on a part time basis. You need at least two letters of recommendation and typically that's fulfiilled through profressors, but I think that a.
I'm 28. Am I too old to get my law degree?
it seems everyone else in law began when they were in their early twenties. I'm just about to start law school and am wondering if i should go into a different field. no you are not - I don't think that's too old to start. I went to.
I'm 35 with an associates degree. Is it too late for a law career?
No its not too late. In fact, in my law school experience, I found that the 'older' students were more successful since they mostly stayed out of the all the social nonsense because they had children, etc. Also, people who look 'older' as an.
im in highschool and i want to get started on taking classes at night time for law school?
I will be a Jr. in high school next year and i have wanted to be a lawyer all of my life sence i was little and i would love to have information sent to me at how i could get.
I'm starting law school, and I need a light, dependable laptop for under $1,200. What are my best options?
I'm going to be using the computer for taking notes in class and I will be dragging it everywhere, so I want something light that has a decent battery life and will not die, taking my notes and life with.
Is 35 too old to go to law school?
I recently saw on the news that a 99 year old man just received his high school diploma. If that old geezer can go back to school so can you! Check it out. - no, you are never too later or too old to learn something - Heck no,.
Is a correspondence law school a good idea or bad idea?
bad idea. it is best to go to a law school that is accredited by the american bar association (ABA). This will help you not only find a good job as an attorney, but will also allow you to take the bar exam. Going to law school.
is a JD from an online law school in California worthwhile?
I am thinkng of becoming an attorney down the road, but don't have the time for the traditional brick and mortar class room, not to mention the 100k tuition while trying to make ends meet. But I would really rather spend my golden years as an attorney/consultant than.
Is going to law school worth it, even if you are financially challenged?
I am graduating from university in April, and I live in Ontario Canada. It is worth it if it is something you know you really, really want to do. I do not have a lot of money so i am funding my law school entirely through.
is going to law school worth it?
of course if you wanna make bank - Only if you want to end up rich. - If your intentions are to practice law, of course it's worth it! The education is very expensive, but you will pay that off in no time after obtaining your degree. Good luck to you!.
are there any lawyers that can give me advice on how to prepare for law school?
You can contact me and I'll give you my two cents worth. I just graduated a year ago so it's still fresh in my mind. You can contact me through Yahoo. Just click on my profile. - I can. e-mail me with.
Is it worth it to go to law school? More details below?
If you spend the time and money to go, and you graduate and get a good job is it still worth it once you have been on the job? Are you just graduating to spend long hours working for and with the wealthy make good money but.
Is law school enjoyabe or too hard?
I am a sophmore in high school, and plan on going to a jc, then law school. Will it be very tough? How long must you attend before you can become a respectable lawyer? I am currently a 2nd-Year law student, called a 2L. Law school takes time, money, commitment, analytical skills,.
Is major in Philosophy good preparation for law school?
Did anyone major in Philosophy and went on to law school? Do you find that it was a waste of time or was it adequate preparation for law school? I like to hear someone's experiences because I am thinking of majoring in it as a possible second degree on my.
Is someone who went to law school and finished a lawyer even though they haven't taken the bar?
I have a friend who took offense that I didn't consider him a lawyer because he had not taken the bar exam; and every definition concerning American lawyers online state 'licensed to practice law.' or some variation to that effect. He.
Is there an online law school where a graduate student can get their law degree?
If you want to get a J.D. (Juris Doctor which is the American Law Degree), there are no places online to get one. Some of my collegues say they are going to drop out of law school and get their degree online, but.
Law school or travelling next year?
What shall I do! Without question travel. You can always delay law school by one year. When you finish law school, you will probably never have the time to take a year off to travel. This is probably the only opportunity in your life that will be able to do this. I travelled.
Lawyers or Law Schooler?
I'm applying to law school pretty soon and i was told when in law school there are only ONE test a semester, is this statement true? If so how are the test? Thanks! Very, very true. I've attended two different top tier schools (I transferred up after my first year to a better school) and,.
Looking for a new job?
I am a 26 year old single mom with a very low paying job. seriously after insurance and daycare you would cry. but anyways here is the thing i am trying to go back to school in the fall for my political science degree and then hopefully law school. so now we are talking.
As a lawyer looking for an alternative career path, what types of jobs/employers prefer candidates with JDs?
You aren the first new attorney to think about other options. The first year of employment after law school is frequently a disappointment for first year attorneys. Law school does not prepare lawyers for employment or the realities of the job.
becoming a lawyer..pros and cons?
I'm not sure if I want to go through the three years of law school. Is it worth it? Law school is not always 3 years it can take up to five years. I worked for my dad that was a lawyer till his passing and now im on the road to becomming one..
best way of getting into law school?
prereq classses? extra activities? Good undergrad grades, getting a good score on the GRE and LSAT. People with backgrounds in English Literature, History, Political Science or Philosophy tend to do well in law school. You might want to get a job in a law office as a secretary, law clerk, or paralegal.
Question for lawyers or people who are familiar with law as a career:?
I am a pre-law student who is very money-motivated and at the same time a little uneasy about the large amount of debt I will take on trying to finance law school. I'd like to know what are the most lucrative areas of law to concentrate.
Should I be ashamed of telling people that I want to be a lawyer when I grow up??
My dad's side of the family are so discouraging saying that I can't get into law school, when I'm a 4.0 student and an ASB president right now. They said that lawyers are just a bunch of selfish and wealthy people.
so it means I would have to finish college before even applying for law school?
No, you do not have to finish before applying to law school. You should be in your last year of school. Applying in your junior year will NOT get you accepted anywhere. Take the LSAT in JUNE, NOT in October. This gives you.
Starting a Long Distance Relationship and not knowing where you stand as in if you are a friend or daing?
A friend set me up with his best friend, a guy that i knew in law school, and I have been out on 2 dates w/ him. He has sent me 2 cards: one to wish me luck on.
to Lawyers: i'm going to retake the LSAT!!?
any suggestions? i'm going to retake it with Kaplan.any suggestion will help! thank u! Study harder. Get smarter. - A good study program will help but if you still dont like your score, you can always try and get into a night program at a law school since night student LSAT.
More Law school questions please visit : LawFreeFAQ.com
About the Author
LawFreeFAQ.com
Salaries & Jobs for Law School Grads: Do Law Schools Lie?
The Ohio Employment Law does not appear have definitive parameters. The voters approved an increase in the minimum wage rate to $6.85 per hour by amending the constitution. Under this law, all employers have to maintain and set up payroll records for every employee. This rule did not go down very well with the business community. They felt that the law was highly inconvenient and rigid. The politicians tried to amend it, and in the bargain managed to make it even more vague than it was earlier. This will definitely prove to be a constitutional challenge.
A tricky area in the Ohio Employment Law is the definition of the term 'employee' and who is deemed to be an employee under Ohio Wage and Hour Law. This is a relevant point because there are workers under the age of 16 in Ohio. As per the Law, all the employees must be paid the minimum wage of $6.85 per hour. There are exemptions for this rule and the minimum wage rate need not be paid to workers under the age of 16, workers that are earning tips and family members working for the family business.
The bill amended by the politicians added to the confusion more than ever before; the amendment narrowed down the definition of employee even further, to exclude some more types of employees from the purview of the minimum wage. These were outdoor sales personnel, live in companions, camp counselors and newspaper delivery persons. This further messed up things for Ohio Employment Law.
Few other changes were made to the law. It was mandatory for the employers to give details like name, address, telephone number, email, website address and fax number to the employees. This information had to be given to the employee on his first day at work. If the company decides to shift operations, all employees have to be informed within 60 days of making the change. This could be done by pasting a notice on the bulletin board or giving individual notes to employees. Complete payroll records must be maintained in a prominent place and all workers should have free access to it. The Ohio Employment Law does not put limitations on the request for records; theoretically, any worker can see the records of other employees, including that of the boss.
A small concession that the amendments introduced by the politicians managed to make was that, they limited the amount of information that could be requested and who could request for it.
About the Author
Abhishek is a Career Counselor and he has got some great Career Planning Secrets up his sleeves! Download his FREE 71 Pages Ebook, "Career Planning Made Easy!" from his website http://www.Career-Guru.com/769/index.htm . Only limited Free Copies available.
Inside THe World of FELA & the $48 Million Jury Verdict
[mage lang="" source="flickr"]federal employment law pennsylvania[/mage]
Hough Named as Game Commission Deputy Executive Director
HARRISBURG, Pa., June 18 /PRNewswire-USNewswire/ -- Pennsylvania Game Commission Executive Director Carl G. Roe today announced that Matt Hough, of Johnstown, Cambria County, has been appointed as the new deputy executive director for field operations. Hough, who presently serves as the agency's Southwest Region Director, will fill the vacancy created by the recent retirement of Michael W. Schmit.
Obama Press Conference On Sestak Scandal
[mage lang="" source="flickr"]federal employment law book[/mage]
The new Australian resource rent tax
LET me first declare two poignant interests, and on one matter make it clear that I have no interest to declare.
Constitutional Homeland Security part 1.wmv
[mage lang="" source="flickr"]employment law legislation 2005[/mage]
US climate change bill: Your reaction
Barack Obama's long-awaited climate bill has been unveiled. Is it good enough?
Medical Marijuna - Ohio Patient Network - SB 74
Below is a link to a U.S.C.I.S. immigration form. CHANGE ADDRESS. What part of the form do you disagree with?
http://www.uscis.gov/files/form/ar-11.pdf
The above is a form issued by the Department of Homeland Security, U.S. Citizenship and Immigration Services to ALL aliens present. The alien must register any of the following changes: (1) address, (2) employment, (3) school.
ALL aliens, including children, are required to submit the form to DHS within ten (10) days of the change. Written upon the form is a warning that the alien who fails to comply is subject to deportation.
THIS FORM DHS almost always ignored. DHS does not even maintain an accurate database for legal and illegal aliens. DHS never even asks an immigrant if he has always complied with the AR-11 requirement. The applicant's information is almost NEVER cross-checked with the DHS database. (exceptions apply). DHS officials actually have a list of prior addresses on form G-325, Biography, submitted with AN application. Why do you believe DHS is so slacK AND ignores these laws? Can DHS change? Will Congress act?
Sorry, but I can't figure out how you can disagree with a FORM!
Stimulus Budget Implementation & US Citizens Controlled Public Incident Database
Since Health Savings Accounts (HSAs) were created by the Medicare bill signed into law in 2003 they are being considered by more and more Texans as a health insurance option. Anyone under age 65 who buys a qualified high-deductible health insurance policy can open an HSA. Here is a quick overview on the important tax considerations of HSAs.
How much can I contribute annually to an HSA?
For 2007, you can contribute up to $2,850 for individual coverage or $5,650 for families. If you're 55 and older, you can make a catch-up contribution of $800. Legislation approved at the end of last year allows you to contribute up to these limits, even if your insurance deductible is less.
Do I fund an HSA with pre- or post-tax dollars?
If your employer offers a high-deductible health insurance policy, you may be able to make pretax contributions, like a flexible-spending account. If you open an individual HSA, your contributions will be deductible when you file your taxes, even if you don't itemize.
Are there income restrictions on the tax benefits, similar to an IRA ?
Unlike a number of other tax breaks, there aren't any income limits associated with the tax-favored treatment of HSAs. Anyone under age 65 who buys a qualified high-deductible policy can benefit fully from the tax advantages of an HSA.
What's the difference between HSAs and flexible-spending accounts?
The tax benefits of both plans seem the same, but there are differences. The most important difference is that your HSA balances can roll over from year to year and continue to grow tax-free.
Legislation passed last December allows a one-time transfer of funds tax free from a flexible-spending account to an HSA. The newly revised law also allows individuals to make a one-time tax-free direct transfer of funds from an IRA to an HSA up to the HSA's annual contribution limit.
If my employer offers both an HSA and flex-spending account, can I have both?
Generally, no. You can't have an HSA if you have a flexible-spending account to pay health-care costs or if you have other medical coverage, such as a spouse's policy. However, if your flex plan restricts reimbursements to wellness care, such as annual physicals, and vision and dental care, you can also have an HSA.
If I set up HSA through my current employer, can I take it with me when I switch jobs?
You can keep your HSA account money even after you leave that job, similar to a 401(k). Another benefit of HSAs is that if you are unemployed or laid off and are collecting State or Federal unemployment insurance, you can use funds from your Health Savings Account to pay for your health insurance premiums and for your routine health expenses - all tax-free.
What happens if I want to use the money in my HSA account for non-medical expenses?
You'll incur a 10% penalty - plus an income-tax bill - if you use any of the money for non-medical expenses before you turn 65. After the age of 65, you can use the money in your HSA account for anything you please and you won't be hit with the 10% penalty, but you will have to pay income taxes on that money.
Can a couple that is planning to retire early open an HSA?
Yes. Anyone under age 65 can contribute to an HSA if he or she buys a qualified high-deductible health insurance policy, and he or she can contribute an extra $800 in 2007, if you're 55 or older. This catch-up contribution amount will increase by $100 per year until it reaches $1,000 in 2009.
Do my HSA contributions affect my IRA contributions?
No. Your HSA contributions won't affect your IRA limits of $4,000 per year or $4,500 for those over 50. It's just another tax-deferred retirement savings account.
About the Author
Pat Carpenter writes for Precedent Insurance Company. Precedent puts a new spin on health insurance. Learn more at Precedent.com
May Day 2010 *March* in Austin, TX - International Workers'
Who can translate the English to German? Your great help will be appreciated very much!?
Vocational Qualification Certificate of People’s Republic of China
Rank Four/ Medium Technique
Ministry of labor and social security of People’s Republic of China (seal)
Issue Authority: Training and Employment Department of Ministry of Labor and Social Security (seal)
Printed by Ministry of labor and social security of People’s Republic of China
Upon this Photo: Special Seal of Qualification of Vocational Technique of Gansu province labor and social security bureau. (Steal seal)
This is to qualify the bearer after examination according to <
We hereby issue this certificate.
Profession (Type of Work) :Chinese Cook
Examination Score for Academic Knowledge :72.0
Examination Score for Operational Technique: 77.0
Evaluation of Results: Qualified
Qualification Center of Vocational Technique:
Berufs- und Qualifizierungszertifikat der Volksrepublik China
Dienstgrad /-Rang 4 / Mittlere Technik
Arbeitsministerium and Sozialsicherheit der Volksrepublik China (Siegel)
Genehmigungsinstanz: Training und Angestelltenabteilung des Arbeitsministeriums und Sozialsicherheit (Siegel)
Gedruckt durch das Arbeitsministerium und Sozialversicherung der Volksrepublik China
Über diesem Foto: Spezial-Qualifikationssiegel der beruflichen Technik der Gansu-Provinz, Arbeits und Sozialversicherungsbüro (Stahlsiegel)
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Hiermit stellen wir dieses Zertifikat aus.
Beruf (Berufsart): Chinesischer Koch
Erreichte Punktzahl für akademische Kenntnisse: 72.0
Erreichte Punktzahl für betriebsfähige Technik: 77.0
Auswertung der Ergebnisse: Qualifiziert
Qualifizierungscentrum der beruflichen Technik:
Farewell to Jocelyn Samuels, NWLC's Vice President for Education and Employment
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TEN PITFALLS FOR THE UNREPRESENTED INJURED WORKER
by Falsani, Balmer, Peterson, Quinn & Beyer
1. FAILURE TO REPORT THE INJURY.
An injured worker must report a work injury to his or her employer, unless the employer has actual knowledge of the injury. Minn. Stat. §176.141 provides for three different time periods regarding notice:
(a) If the employee does not give notice within 14 days after the injury, then the workers' compensation may be delayed until notice is given.
(b) Normally an employee must give notice within 30 days of the injury. If the notice given within 30 days is somehow inaccurate or even if there was insufficient reason to delay notice as long as 30 days after the injury, compensation still must be paid. If the employer is somehow prejudiced by the nature of the notice given within 30 days, it can deny compensation but only to the extent that it is prejudiced by the delayed or insufficient notice.
(c) If the employee fails to give notice of the injury within 30 days, but establishes that the failure was due to mistake, inadvertence, ignorance of fact or law, or inability due to the fraud, misrepresentation or deceit of the employer, then the employee has up to 180 days to give notice. Failure to give notice within 180 days of an injury may be a total and complete bar to any workers' compensation benefits.
Minn. Stat. §176.141.
The purpose of the notice requirement is to enable the employer to furnish immediate medical attention to the employee, and to investigate the claim as soon as possible after the injury has occurred. Kling v. St. Barnabas Hospital, 291 Minn. 257, 261, 190 N.W.2d 674, 677 (1971). Generally, the Workers' Compensation Court of Appeals has been liberal in applying the "mistake or inadvertence" excuse for giving notice more than 30 days (but less than 180 days) after an injury. There must be specific facts to show, essentially, why an employee's claim of mistake or inadvertence should not excuse late notice. See, e.g., Nuerurer v. Jamar Company, W.C.C.A. File No. 477-46-4817, served and filed July 17, 2003, citing Wood v. Airco Industrial Gasses, 45 W.C.D. 342, 345 (W.C.C.A. 1991), summarily affirmed (Minn. Oct. 30, 1991). On the other hand, the Supreme Court strictly applied the 30-day rule in Freyholtz v. Blackduck School District No. 32, 613 N.W.2d 757 (Minn. 2000).
When does the clock start ticking after an injury?
Generally, the notice requirement begins once the employee, as a reasonable person, recognizes that he or she has a work injury that has resulted in, or is likely to cause, a compensable disability. Issacson v. Minnetonka, Inc., 411 N.W.2d 865, 867 (Minn. 1987). This is an especially difficult issue in cases involving a Gillette injury: an injury caused by repetitive minute trauma brought about by the performance of ordinary job duties over a period of time. The date of a Gillette injury is when an "ultimate breakdown" has occurred; this could be construed as the first date of lost time from work (Prouty v. City of Duluth, 29 W.C.D. 550 (W.C.C.A. 1977); the date restrictions are imposed on the employee by a doctor (Schnurrer v. Hoerner-Waldorf, 345 N.W.2d 230 (Minn. 1984); or when the employee first seeks medical treatment for the work-related condition (Stoffer v. Minnesota Orchestra, 53 W.C.D. 341 (W.C.C.A. 1995).
2. FAILURE TO OBTAIN PROPER AND PROMPT MEDICAL TREATMENT.
An employee is entitled to payment of medical, psychological, chiropractic, and other treatment for a work-related condition. Minn. Stat. §176.135. This includes any treatment which is reasonable and necessary to cure and relieve the effects of a work injury.
The injured worker has the absolute right to choose his or her treating doctor for a work injury. The employee can change doctors within 60 days after medical treatment has commenced, without getting the permission of the employer, insurer, or other interested parties. Minn. Rule Part 5221.0430, Subpart 2. After 60 days, the employee can change primary doctors, but only with the permission of the employer and insurer, or by seeking approval of the court. The rule provides that the employee may not change primary doctors if:
(a) A significant reason for the request is to block reasonable treatment or to avoid returning to work;
(b) The change is to develop litigation strategy rather than to pursue appropriate diagnosis and treatment;
(c) The provider lacks the expertise to treat the employee for the injury;
(d) The travel distance to obtain treatment is an unnecessary expense and the same care is available at a more reasonable location;
(e) At the time of the employee's request, no further treatment is needed; or
(f) For another reason, the request is not in the best interest of the employee and the employer.
In other words, even if the employee's initial treatment is at an emergency room or at an occupational medicine clinic favored by the employer, the employee can change doctors within 60 days.
3. PROVIDING AN INCONSISTENT OR UNTRUTHFUL STATEMENT.
Other than the notice requirement, Minnesota law does not require the employee to submit to a statement, whether written, verbal, over the phone, in person, or otherwise, to either the employer or the insurer. The employer and insurer may not condition workers' compensation benefits on the employee providing such a statement.
4. GETTING STUCK WITH THE WRONG QRC.
The employee has an absolute right to choose which qualified rehabilitation consultant (QRC) to provide statutory rehabilitation services where appropriate. If the employer or insurer choose the QRC, the employee can change QRCs within 60 days after the rehabilitation plan is filed. Minn. Stat. §176.102(4)(a). After 60 days following the filing of the plan, the employee has to seek court approval for changing the QRC; the standard is usually whether changing the QRC is in the best interests of all parties.
5. FAILURE TO PROMPTLY INVESTIGATE A POSSIBLE THIRD PARTY CLAIM.
Workers' compensation benefits are the exclusive remedy an employee has against the employer following an on-the-job injury. If the injury is caused by the negligence of a third party, however, the employee may have the right to sue for damages, including non-workers' compensation damages. This can mean an automobile accident case, premises liability case, or product liability case. It is often vitally important to investigate such third party claims promptly, and to ensure that evidence related to such a claim is not lost or destroyed.
6. BEING UNPREPARED FOR AN ADVERSE MEDICAL EXAMINATION.
The employer and insurer have the right to have an injured worker examined by a doctor of their choice for an adverse medical examination. The examination must be scheduled within 150 miles of the employee's residence, and the employer and insurer generally have to pay for costs incurred in attending the examination, including mileage, parking, meals, and wage loss, if any. Minn. Stat. §176.155. The adverse medical examinations are sometimes used by the employer and insurer to claim that the injured workers' symptoms are inconsistent; have no objective medical basis; were related to an injury or condition that pre-existed the work injury; are not cause for work restrictions; are not permanent; or that medical treatment or proposed medical treatment is not reasonable and necessary. These opinions can be very harmful to the continued receipt of workers' compensation benefits.
7. RETURNING TO WORK AT AN UNSUITABLE JOB OR REFUSING TO RETURN TO A SUITABLE JOB.
An injured worker's right to many types of workers' compensation benefits can be terminated if the worker refuses an offer of employment that is either consistent with the rehabilitation plan developed by the QRC, or, if there is no rehabilitation plan, is an offer of gainful employment. Minn. Stat. §176.101, Subd. 1(i). In either event, the offer of employment must be something the employee can do in his or her physical condition. Often, there is a tension between the treating doctor's recommendations regarding work, and an adverse medical examination report on work ability or the employer's interpretation of the treating doctor's recommendations. An employee can be placed in a position of either accepting a job contrary to his or her own doctor's wishes, possibly risking further injury, and risking disciplinary action by the employer for failing to carry out the job duties as expected; or refusing a job offer, and risking termination of workers' compensation benefits and possibly of the employment itself.
The injured worker's benefits may also be discontinued upon termination for "misconduct". Minn. Stat. §176.101, Subd. 1(e)(1). "Misconduct" is generally defined as a willful disregard for standards of behavior which an employer has a right to expect from an employee; it does not include inability, negligence, or good faith errors of judgment or discretion. Benson v. Iowa Beef Processors, 348 N.W.2d 394 (Minn. App. 1984).
8. RETIREMENT OR WITHDRAWAL FROM THE LABOR MARKET.
For any date of injury, Minnesota workers' compensation law provides that retirement may be a defense to payment of temporary total disability benefits. The definition depends on the date of injury. For injuries before 1992, there was a presumption of retirement when the employee received social security old age and survivor retirement benefits. For injuries after 1992, it was presumed that retirement would serve as a bar to temporary total disability benefits. The employee could rebut the presumption of retirement by a preponderance of evidence. Typically, evidence that would rebut the presumption would include specific plans to work beyond retirement, financial needs that would preclude retirement, and other statements from witnesses regarding the intent of the injured worker.
For injuries after October 1, 1995, there was a new presumption that employees are retired at age 67. This retirement presumption also works to terminate permanent total disability benefits.
Employers and insurers frequently assert that an employee has withdrawn from the labor market. The basis for such a claim could be moving from an urban area (like the Twin Cities) to a rural area where jobs are more scarce; applying for social security disability or other disability pension that precludes full time work; being incarcerated; or even an unrelated medical condition (like pregnancy) that prevents the employee from seeking work. Minn. Stat. §176.101, Subd. 1(f).
But the most common defense to wage loss benefits in this area is the failure to diligently look for work within the injured worker's restrictions. Minn. Stat. §176.101, Subd. 1(g). For any date of injury, in order to receive temporary total disability, the employee must search for work within his or her doctor's restrictions. Generally, the factors to be considered in evaluating a job search include the number of employer contacts, the nature of the contacts (in person, phone, by mail, reading the want ads, etc.), the geographic scope of the job search (which sometimes depends on medical restrictions on driving), and other factors specific to the employee's background (such as the educational or skill level before the injury and the pre-injury average weekly wage). If there is a rehabilitation plan and job placement agreement, then obviously the employee's job search obligations are set forth in the written agreement.
9. FAILURE TO RESPOND PROMPTLY TO A NOTICE OF INTENT TO DISCONTINUE BENEFITS.
Weekly workers' compensation benefits can be discontinued only by serving the injured worker with a written Notice of Intention to Discontinue Benefits. Minn. Stat. §176.238, Subd. 1. If the discontinuance is caused by the employee's returning to work, then the employee can contest the NOID within 30 days. If the NOID states a reason other than return to work, then the employee must request a hearing within 12 calendar days after the NOID is filed. Minn. Stat. §176.239, Subd. 2. There will then be an administrative conference on the discontinuance scheduled within ten days. Minn. Stat. §176.239, Subd. 4. At the conference, the issue is whether the employer and insurer had reasonable grounds to discontinue the benefits. Usually, the employee will be paid the weekly benefits through the date of the discontinuance conference, even if the judge determines that the employer and insurer were entitled to discontinue the benefits. Minn. Stat. §176.239, Subd. 3.
If the employee fails to request the conference on a timely basis, then the employee can file an Objection to Discontinuance. A hearing before a compensation judge will be scheduled on the objection on an expedited basis, usually within 60 days. Minn. Stat. §176.238, Subd. 6. If the injured worker does not either request a conference on the NOID or file an Objection to Discontinuance, then the employee may file a Claim Petition alleging entitlement to the discontinued benefits. Currently, the hearing on a Claim Petition will be scheduled between 14 and 20 months after it is filed.
10. SETTLEMENT OF ALL OR PART OF WORKERS' COMPENSATION CLAIMS.
To be valid, a settlement agreement in a workers' compensation matter must be in writing, and signed by all parties and intervenors, and approved by a judge. Minn. Stat. §176.521. The settlement must be reasonable, fair, and in conformity with the law. Minn. Stat. §176.521, Subd. 2. In most cases, a Stipulation for Settlement must contain:
(a) A brief statement of the admitted material facts.
(b) A detailed statement of the matters in dispute, stating the positions of the parties and supported by medical reports or other documents.
(c) The weekly wage and compensation rate of the employee.
(d) An itemization of the sums, if any, previously paid by the employer and insurer.
(e) A statement that either the medical expenses have been paid by the employer and insurer, or, if applicable, which third parties have paid medical expenses or other reimbursable expenses related to the claim.
(f) The benefits claimed upon which the compromise agreement is based.
(g) A statement that the employee has been advised of the provisions of Sections 176.132 and 176.645. [Still the law, although Section 176.132 was repealed in 1995, and Section 176.645, which governs adjustment of benefits, was rendered almost meaningless by the statutory amendments in 1992 and 1995].
(h) A provision regarding attorneys' fees.
(i) Specific language regarding any proposed closeout of rehabilitation or medical benefits.
Once signed by everyone and approved by the judge, a settlement can be vacated only by petitioning the Workers' Compensation Court of Appeals for relief. Under Minn. Stat. §176.461, "cause" to vacate a stipulation and award is limited to (1) a mutual mistake of fact; (2) newly discovered evidence; (3) fraud; or (4) a substantial change in medical condition since the time of the award; for settlements approved after July 1, 1992, the substantial change in medical condition must also have been not clearly anticipated and could not have reasonably been anticipated at the time of the award.
About the Author
With 35 years of law experience in Duluth, MN, the attorneys of Falsani, Balmer, Peterson, Quinn & Beyer bring a record of success and dedicated concern to each case with our team of experienced Minnesota Lawyers. Licensed to practice law in both Minnesota and Wisconsin, the trial lawyers of Falsani, Balmer, Peterson, Quinn & Beyer display our commitment to fair legal practices that has given us a reputation for excellence among clients.
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Employers can and should encourage healthy lifestyles from their employees. It not only improves their productivity which is good for the company, it DIRECTLY saves health care costs!
Duke University just came out with a very interesting study. The study looked at workers' compensation data for 11,728 Duke University employees who received health-risk appraisals over a seven-year period.
What were the results for obese employees (compared to those who are not obese) as published in the Journal of Internal Medicine?
* Obese employees filed twice the number of workers' compensation claims
* Obese employees' medical costs from those claims were seven times higher
* Obese employees stayed out of work 13 times longer after a work-related injury or illness
* Obese employees medical claims cost per 100 employees per year was 51,019 USD compared to $7,503 USD for non-obese workers
* Obese employees lost 183 days of work per 100 employees as compared to 14 days for non-obese workers (thats 13 times more!)
Yeah but those guys were OBESE. Well it doesn't look good for the overweight/mildly obese either...
* Overweight employees took four times the number of days off after being injured or getting sick at work.
* Mildly obese employees took five times as many days off after being injured or getting sick at work.
And what are employers doing? The study reveals that...
"As many as 40 percent of employers are giving workers products, cash or health insurance discounts to lose weight," said Laura Linnan, the study's principal investigator and a professor at the University of North Carolina's School of Public Health.
Employers are getting scared off as well. Dr. Jay Bhattacharya, assistant professor of medicine and health economist at Stanford University co-authored a 2005 study that showed employers compensate for anticipated higher medical costs of obese workers by paying them less than slimmer employees and passing them over for promotions.
What are we gathering from this?
Being obese or overweight is bad enough for the person who it affects... but it is also bad for employers because health care costs eat into profits.
The problem is quite basic, but the solution may not be as easy. We need to approach this troubling issue with a corporate fitness solution. 3 actions that employers must take...
1. Adopt a fitness culture starting from the CEO knowing that it is best for the company
"We all know obesity is bad for the individual, but it isn't solely a personal medical problem -- it spills over into the workplace and has concrete economic costs," Dr. Truls Ostbye -author and professor of community and family medicine
Well, if its not a personal or private medical problem then it becomes a community problem. The means that the problem is really big, but once it is solved, the solution is more lasting. Solutions that involve the community simply work better. This works for problems like gang violence or addiction to other vices as well. From my experiences as a fitness professional, community solutions work for health goals as well. Kickboxing, pilates, yoga, aerobics and other fitness classes or group activities have a higher penetration rate (about 12-15% in most health clubs) than personal training (2-3%). groups classes encourage people to stay on longer as well.
A community solution to corporate fitness has to be built into the company culture. Usually this is dictated by a CEO or a board of directors. If they spend time reading articles such as this one, they are probably knowledgeable about the problems facing corporations in today's world. They are also probably aware that companies which have an adaptive culture that is able to handle changing circumstances tend to do really really well. 2-3 times as well profit-wise according to some studies. In addition, setting a fitness culture shows concern for employees (and allows them to be more productive) and in the long run costs less than paying for medical bills. As a minor side note, your employees will look healthy too and that in itself has its own host of benefits.
Once the CEO has decided that a fitness culture is needed and is in fact the course that the company needs to take, he can implement it in the same way he makes most culture changes
* Align your company culture with your strategic goals (being fit saves money, makes your employees more productive and more attractive to customers, and increases profit)
* Develop a specific action plan that can leverage the good things in your current culture and correct the unaligned areas. (free employee breakfasts on Fridays may be good, but making it doughnuts and pancakes is BAD)
* Brainstorm improvements in your formal policies and daily practices. (allocate some work time to fitness and health education and activities, ensure managers lead by example, bringing healthy food into the cafeteria, allow 15 min breaks during work for healthy snacks)
* Develop models of the desired actions and behaviors. (how many hours a week minimum that an employee must exercise, social support and encouragement to make healthy eating not just acceptable but preferable, all management staff must enthusiastically take part)
* Communicate the new corporate fitness culture to all employees (tell everybody about it)
* Over-communicate the new corporate fitness culture and its actions to everyone. (tell everybody about it again and again, with checks to ensure that the new culture is followed)
Remember, often people don't do what you EXPECT. They do what you INSPECT.
2. Look for a professional you can trust
A respected fitness professional is a real asset to a corporation. Think about it. Companies get accounting firms to do their accounts and taxes, they get law firms to do their legal documents, and they get business consultants to check their business processes. Shouldn't they get a fitness professional to handle corporate health and fitness?
Not at all. The best fitness pros will know how to approach corporate fitness. A fitness professional will be able to help you set up and run a health facility, fitness classes, provide talks to encourage employees to live healthy, design individualized training for those who need it, and provide good care for those with extreme obesity or past injuries and medical conditions.
3. Only accept success
No CEO would accept sub-standard work by an employee, neither would they accept failure on important projects, they wouldn't accept a lack of integrity with regard to finance either. Shouldn't this be the case with the company fitness program?
Like point 1 mentioned, this brand new program has to be enforced. It's a kind of "tough love" that needs to happen. Hey Mr. CEO...take attendance at fitness classes, walk around the cafeteria at lunch to see what people are eating, do your managers speak as positively and motivationally about the fitness program as they do about meeting project deadlines?
There are only good things that can come out of a corporation that has a fitness focus. Corporate fitness has come a long way. I do know of companies that have gyms and health facilities for their staff.
But as usual we need to look for the person before we provide the place and the program. In this case there are 2 people. The CEO who is willing to implement change, and the fitness professional who knows how to get results.
About the Author
Coach Jonathan Wong is Singapore's Top Personal Trainer and Fitness Expert. He is a sought after author on corporate fitness and is a member of Men's Health Advisory Panel. Organizations come to him to help them boost staff productivity and health. He has helped hundreds of Singapore residents achieve their fitness goals. Get a free 1500 page e-book and constant newsletter and blog updates at http://www.coachjon.com
Rev. William Barber on NC Public Employee Collective Bargaining
What criminal history information is available if the Target Corporation ran a background employment check?
I know there are federal and state laws governing this issue. I'm wondering exactly what information is disclosed during a background check. I'm asking because I was a former police officer who got charged with two felonies and two misdemeanors (domestic incident) a month ago. The charges are false and are being fought with an attorney. Don't wanna go into too many details, but all charges will be dropped in the end. The victim doesn't want to testify, and never did. No victim, no case. Anyways, I know that if I applied to be another police officer or work for a Police Agency, they can run a special background check that will show the arrest, but if a private corporation say Walmart, or Target were to run my background for an employment check, only Felony Convictions would show up right? Or would the arrest show up as well? I know the application only says to list convictions, so im not listing anything. I just really want this job!! Pays very well with good benefits! 
Anyone?
If you were charged but the case was not pursued due to no witness/victim testimony then you are just waiting to get the charges dropped. I would have to say that when the charges are dropped you won't have anything to worry about.
The background checks that a good amount of large corporations have access to are pretty in depth. The background company I use at work on a daily basis is able to pick up cases previous applicants were charged with 10 years ago but again they were charged.
I can't say for sure not knowing what district/state/county your issue happened in but knowing first hand that background screen companies have gotten better in obtaining their information especially since 9/11.
STATELESS DAVE -- THE INTRODUCTION
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Should I Transfer from Wayne State University Law School after my first year?
This upcoming fall, I will be attending Wayne State University Law School. After doing research on the city a while back, I found that Detroit is a rough place to live. I concluded that this may be a substantial problem for me as a law student. Now I am contemplating transferring after my first year to a law school in the state that I currently reside in. (KY) However, I read that WSU has a great program and, if I seek employment in MI, I'd have a good shot. Your thoughts, suggestions please.
http://ilearn.maclenet.com - try this one. It has brief resume for WSU and how much average salary should you expect, so you can decide would be it best one for you.
3-27-10 Detroit, MI, Town Hall Meeting
Question for accountants and people who have studied accounting.....?
I am going into my second year at uni studying accounting and I have to chose a module out of these choices. Could you tell me something about them please.
1 – Management Science for Accounting
2 – Personal Financial Management
3 – Organisation Theory and Analysis
4 – Preparing for Graduate Employment
5 – Employment Law
6 – Marketing and Marketing Research
7 – Football Clubs and the UK Stock Exchange
8– SME Creation and Management
Look for description in course catalog
Cirriculum varies by school
Which school?
xPresso Ed - Module 4 - Protected Classes and Employment - CA.wmv
Reporter's Notebook: Bill Conroy
A law enforcement task force in New Mexico that is supposed to target drug-trafficking criminals is instead awash in charges that it is using its nearly $600,000 taxpayer-subsidized budget to fund its own corrupt practices.
WorkersCompensation.com's NewsLine Report for 4/24/2007
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An empty feeling
DALTON, Ga. — The feeling that the town is emptying out coupled with a lack of jobs are pushing people such as Jesus Saldaña to seriously consider relocating, even if it means leaving the place they’ve called home for years.
New Film 'Machete' evokes race war.mov
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Do I need law studies except from psychology to get into Forensic Psychology?
I know that someone could become a Forensic Psychologist only by obtaining a degree in Psychology (and taking a MSc degree in the field, etc.). Would it be helpful to also obtain a degree in law? Is it possible to increase your employment possibilities? And/or become a better professional?
Interesting question.... But I would think that a minor or second major in Criminal Justice would serve better. A law degree (that is law school) would offer an education in the practice of law.
However, if the goal is to be a forensic psychologist, your major strength should be in psychology with the addition of a basic working knowledge of court procedures, investigative process, and legal jargon. That sort of knowledge would be available through a criminal justice curriculum.
Hope that helps.
Composite Company Umbrella Company IR35
Raising the Bar: The Moms Behind the Lawyers
In recognition of Mother's Day, Texas Lawyer spoke with several attorneys about how their mothers made them who they are today. One mom raised five lawyers among her nine children, and another mom graduated second in her law school class while her daughter was in grade school.
President Obama Calls for New Steps to Prepare Children for College and Careers
How, specifically, do equal employment laws apply to personnel planning and recruiting activities?
Basically you have to be totally "blind" to any of the protected classes. Therefore, you have to make all your hiring, firing, and promotions based solely on the merits of the individuals.
FBI posts 850 job openings for special agents
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If the Truth upsets you Don’t read this Article. Internet Madness
My last article entitled The Scandal of the Internet Exposed was my first attempt to bring into general appreciation by the internet community the frauds and misrepresentations made by unscrupulous people selling in the section of Work at Home or earn money a home. I am sad to say it feel on deaf ears it seemed nobody wanted to read such truths and were more inclined to read such things as How to Impress your Girl Friend or the latest recipe for raspberry jam
However ,regardless of this disappointment my research continues and is investigating the wider aspect of INTERNET FRAUD.
There are a number of websites that you can click into and find out about people. subject and country all concerned with terrible accounts of fraud perpetrated by individuals against both young and old educated and not so educated and for those searching for such information these websites are faily good as informers . Theses site of course are sometimes misused by individuals who use these sites to cause trouble for innocent parties and sometimes with devasting results to the point of causing heart attacks, suicide and disappearance of some individuals.
My research is now investigating the fraud being carried out by syndicates of people who actually employ laptop clickers to work at sending out by the internet promises of such things as lottery winnings, fictitious promises of payments to people who have been fraudulently used and a whole encyclopedia of frauds on a theme. This group of fraudsters work mainly from underdeveloped countries were law enforcement is mainly non existent
Certain criminals actually use such organizations as The United Nations to give their fraudulent activities some form of credibility,
The most recent episode was the use of the American FBI by these low lives to try and give their activities a sense of high powered acceptance this was followed by them using so called collabatory evidence of their truthfulness by using the British Metropolitan Police Fraud Division. Yes indeed these people have balls that there is no doubt. and the losers are the unsuspecting members of the general public.
This avenue of research led me into the area of Sea Cruises now I asked myself where can there be fraud in this area when such people as Disney are in the business surly Mickey Mouse has not turned into a masked gunman, welding his pen of course not a gun,
But OH boy did I get an education in this field of extracting money by either misrepresentation or not clearly telling people the high risked they take in going on these sea cruises and Mickey mouse is one of the small fries in this misleading business
The more I delve into the use of the internet the more it becomes blatantly obvious that some form of legislation to control the internet needs to be implemented globally.
When such organizations as the United Nations, the Federal Bureau Of Investigating and the British Fraud Division can be used by these criminals to enhance their fraudulent operations it must be time to say ‘enough ‘
My research continues and I am amazed everyday what I uncover it is better than reading any novel
William Gow
About the Author
Eric Schmidt, Princeton Colloquium on Public & Int'l Affairs
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I ve got sacked in ryanair?
After 11 months working in Ryanir, based in Bournemouth, the company sacked me in less then 3 minutes justyfing it saying that my performance was not good enough for the company standars.
And that s what is happaning all around Europe......is it possible that in the UK there are no laws at all that protect poor cabin crew members?
I m convinced that they don t give a shit just because 80% of us is from other country so not really familiar with the british employment law.....
please give me suggestions to help me and al the other people who aspire to be cabin crew in Ryanair, who are now being trained or who are already working for a company that doesn t allow workers to join any kind of workers association...(trade unions).....thank you very much in advance....( sorry for my english, i m italian)
Unless you can prove some sort of discrimination was involved with their decision then I'm afraid that there is nothing you can do. Employees do not get much in the way of employment rights in the UK until they have been employed for a full year.
Sorry - but just concentrate on getting another job and try to put this bad experience behind you.
By the way, given that you are Italian and in the UK exercising your EU treaty rights (i.e. working) you should be eligible to claim Job Seeker Allowance so call 0800 055 6688 to start your claim.
Deaf Festival subtitled
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In Thailand, all of the rights and duties pertaining to employers and employees are usually governed by a series of laws and regulations. Among the different acts that govern labor issues in Thailand are Labor Protection Act BE 2541, the Labor Court and Labor Court Procedure BE 2522, Labor Relations Act BE 2518, Social Security Act BE 2533, Thai Civil and Commercial Code, Provident Fund Act BE 2530, and Workmen's Compensation Act BE 2537.
Usually, according to the employment law in Thailand, an agreement that has been established between the employer and employee should not be less than the minimum requirements or standards devised by the law.
The Labor Protection Act and other relevant acts dealing with the labor issues have set some specific rules and regulations for each and every aspect with regard to an employment such as working hour, remuneration, child labor, female labor, sick and maternity leave, dismissal as well as termination of employees, welfare and social security of employees, and hiring of employees services.
Working hours in an organization is usually on the basis of nature and type of work. In most cases, working hours should not go above eight hours per day or 48 hours each week. In case of such works that are harmful for the health of an employee, then working hours should not exceed seven hours a day or 42 days a week.
Under the Thai employment law, an employee's maximum probationary period is 120 days. Further, the Labor Law entails every employer in Thailand to provide its employees at least 13 public days each year and at least six vacation leaves on completion of a year's services.
Likewise, employees are eligible for annual sick leave of 30 working days each year. Apart from sick leave, pregnant employees are eligible for maternity leave of 90 days with 45 days' full wages. When comes to remuneration, an employer is required to pay all benefits, apart from normal salary, that form part of the employment. In addition, the basic remuneration paid by an employer must be in accordance with the minimum wage as prescribed by the Ministry of Labour and Social Welfare.
Al though, male and female employees are treated alike in a employment, a female employee is prohibited from working in certain organizations or work environments such as construction as well as mining work which are performed underwater, tunnel, or underground, and transportation and production working conditions in which it is necessary to deal with inflammable or explosive items.
Likewise, there are also certain exceptions for pregnant female employees. In other words, an employer should not ask a pregnant employee to work overtime as well as work on public holidays. Further, they are also not allowed to work in certain environments such as on plants, construction firms where it is necessary to carry loads on heads or shoulders, and ships and other water going vessels.
In the case of child labor, the minimum age in order to employ a child labor is 15 years of age. But, to employ a child below the age of 18 years, it is necessary for an employer to notify it to the labor inspector within 15 days as of the date that the child starts his work. An employer is required to give a child labor a rest period of one hour for every four hours he has worked.
Similarly, an employer should not ask a child employee below 18 years to work overtime or on holidays. Additionally, child labors below 18 years are not allowed to perform dangerous works such as rolling as well as stamping metal and works dealing with unsafe chemicals and poisonous microorganisms.
A child below the age of 18 years is also strictly prohibited from certain establishments such as gambling centers, slaughterhouses, dance clubs, and center where liquors and other related beverages are served. Above all, an employer is required to pay the remuneration or benefits of child employees only to child employees and not to any other persons other than the employees.
Now we will discuss laws and regulations pertaining to termination and dismissal. A notice in writing must be provided to an employee prior to his termination. However, according to the Labour Protection Act BE 2541 (1998), an employer can dismiss or terminate an employee without any notice or severance payment in any of these following circumstances such as
- Performing his or her duties and responsibilities dishonestly
- Committing any kind of criminal offense
- Negligence from the part of employee that leading to serious damage or loss to the employer
- Disobeying working rules and regulations devised by the employer
- On imprisonment as per the final judgment of imprisonment
Nowadays, a lot number of law firms are in Thailand to help you dealing with the Thai labor law. Usually, these law firms provide a continuum of services in connection with labor issues such as labor disputes, labor court representation, payroll issues, social security, labor law compliance issues, and more.
About the Author
For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. We provide international standards of legal services while retaining the customs of the Thai business culture.
As a contract or freelance worker are you employed or not?
Ive read that when you try to get a loan to buy a house you must show two years of W2s and employment history,
I graduated from law school in May 2006 and have only been working since August 2006. My husband just graduated from med school and just started his residency this summer. Would lack of employment history stop us from obtaining a mortgage?
Not necessarily. What I suggest is to visit with several different lenders in your area and see what programs they have and what might fit your financial situation best.
A New Paradigm for Capital and Labor? Pt. 3
Should the children of a black doctor get preferential treatment over the children of a white electrician?
Federal court suit was brought by the Michigan-based, pro-affirmative action group By Any Means Necessary.
Proposition 209, a ballot measure approved by California voters in 1996, prohibits racial or gender preferences in public contracting, education and employment. Voters in Washington, Michigan and Nebraska have passed laws similar to Proposition 209. A 1996 court order in Texas and a 2000 vote by the Florida Legislature banned the use of race in school admissions in those states.
Obama children must have the affirmative action advantage! Black is black, get use to it!
HE MIGHT HAVE A SILVER TONGUE, BUT THAT DOESNT MEAN PRESIDENT OBAMA IS NOT TALKING CRAP. IN FACT, THE CRAP TALKED BY BARACK OBAMA IS SOME OF THE MOST CRAPTASTIC CRAP TALK A CRAP TALKERS EVER TALKED... OUR TELEPROMPTER-IN-CHIEF
KahnLawFirmVideo
KSU Students Honored For Research
Kansas State University students have been honored for completing research internships through the McNair Scholars Program.
Gozo Law Courts
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Domesticating involves the "transfer" of an existing corporation to a new jurisdiction. If you are planning to relocate your business outside of the State within which you are now incorporated, you may want to domesticate. Although you have the option of merely dissolving the existing corporation and re-incorporating in your new home state, Domestication may be the more attractive alternative. This is because Domestication allows you to retain the "age" of the corporation, which may be important if you want to keep your existing Federal Tax Identification Number, corporate bank accounts and lines of credit. In addition, retaining the "age" of the corporation may be useful if you are applying for new lines of credit and/or special government exemptions.
It is not necessary for you to have a complete knowledge of the governing laws, rules, policies and/or restrictions relating to each State's requirements for Domestication.
This will allow you to take advantage of all of the benefits while retaining your original incorporation date that the company first came into existence in the non-United States jurisdiction and continuing to be deemed the same entity.
You can also change your company's business structure at the same time if your attorney or accountant has advised you that it would be best for your individual circumstances.
Whereas business "conversion" involves a change in the type of business entity (converting a partnership to LLC, an LLC to corporation, etc.) business "domestication" involves changing the state in which a business entity is organized. For example, a corporation originally organized in the State of Minnesota can be moved to the State of South Carolina and be treated under the law as the same, on-going corporation. In other words, with respect to the state of South Carolina the "foreign" corporation (foreign, because organized outside of South Carolina) can be "domesticated" into South Carolina.
* Sole Proprietorship to Partnership
* Sole Proprietorship to Corporation
* Sole Proprietorship to LLC
* Partnership to LLC
* Partnership to Corporation
* Corporation to LLC
* LLC to Corporation
Infotaxsquare.com will work with you to make sure your relocation plans move forward expeditiously and your business grows where it needs to grow.
Whenever a corporation has been formed in one state and prefers to be governed by the laws of another state, it is possible to change the state of domestication. Of course, any corporation formed in any state may qualify to do business in other states and be entitled to be benefits of the laws of the foreign jurisdiction for the business conducted there. Although qualifying to do business as a foreign corporation authorizes a corporation to enter into transactions and have a presence in the foreign state, it remains subject to any limitations on its operations as a result of being domesticated in its state of formation. There may be good reasons for a corporation to be domesticated in a state other than where it was formed. For example, suppose a corporation were formed in State X but does most of its business in State Y. The corporation may be subject to taxation by State Y on sales of its products in State Y and may also be subject to tax on its income in State X, because it is domesticated there. If a corporation domesticated itself as a corporation in State Y, its income would not be subject to taxation in State X.
Historically, corporations could domesticate in a new jurisdiction by using a merger procedure. A new domestic corporation was formed in the new state and the existing corporation was merged into it. Merger of a foreign corporation with a domestic corporation is authorized in the laws of every state. Modern corporation statutes are now permitting domestication by a more direct method, authorizing a procedure whereby the corporation can simply domesticate itself in a new jurisdiction.
The Model Business Corporation Act permits a foreign corporation to become a domestic corporation if the process is permitted by the laws of the state of formation. Thus, a corporation in state X will be allowed to domesticate itself in state Y only if the laws of state X authorize this procedure. The domestication procedure in the Model Business Corporation Act is very similar to other fundamental changes in the corporate structure. A plan to domestication is adopted by the board of directors and is submitted to the shareholders for their approval. The plan must include
1. The new jurisdiction in which the corporation is to be domesticated
2. Any amendments to articles of incorporation that are necessary or desired
3. The manner and basis of reclassifying shares of the corporation based upon the laws of the new state of domestication
4. Any other terms and conditions of the domestication.
The plan must be approved by the shareholders by a majority vote, like the cases of merger or share exchange, if there are provisions of the domestication that will affect the rights of a particular class of shares, such a class must be allowed the plan as a separate voting group.
Same employer identification number may or may not be used if filing article of domestication or article of continuation in other state. It depends on the availability.
About the Author
Nashib Umer is CEO of http://www.infotaxsquare.com is providing business documents filing in all 50 states.
Sue Swenson, part 01 of 16: "Meeting Ed Roberts"
Wonkbook: Barney Frank pushes financial reform; EPA was unprepared for oil spill
Some Congressional Democrats are opposing key spending bills that they say drive the country deeper in debt. Meanwhile, Barney Frank is pushing for the financial reform conference committee to be televised on C-SPAN; would public opinion toughen the bill even further? And all evidence suggests the EPA was unprepared for an oil spill of the scale of the BP incident.
RALPH NADER IS IN THE RACE! (MEET THE PRESS PT 2 OF 2)
Is it illegal to have mandatory vaccination at a medical facility in California if it’s against one’s religion
If a person has been granted a job at a “California” medical institution with an offer in writing, but later the offer is pulled because he refuse the MMR vaccination due to religious reasons, would it be illegal since he/she has been discriminated based on “religion?”
Let's assume two scenarios:
a) he'll only work in a call center with no client contact.
b) he works at various doctor offices and throughout the institution.
Is there a California State or Federal law that provides an exemption to immunization, and if so, does the exemption part of the law covers all business types? The institution I have in mind is a California public institution. I am particularly interested to hear from lawyers who are in the employment and health profession.
I'm given the reason that if I'm not vaccinated, then I can infect others, however, I disagree in that this issue deals with me. If others are exposed, and they are not vaccinated, then it was their choice.
Thanks
If you are so religious you don't want the necessary vaccines nobody wants you near their body so find another line of work. They are not discriminating. Your refusal to comply with the job requirements is enough to disqualify you. Your reasons are your own and no body's business.
I would not want you near me.
Federal Agents Raid Clinton, Iowa Business
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If your law firm marketing plan follows typical law firm marketing strategies employed by many other practices, you are failing miserably and you know it. Yet other firms out there have a steady stream of clients in and out of their offices. You see them every day: consistently busy and constantly entertaining new clients that afford them wardrobes of expensive suits and prestigious new sports cars.
You see them making it work; making their firm all it can be. You've got to do something to make your practice successful, too.
The accounting firm featured on the cover of the business journal in your waiting room is well-known nationwide. The CEO of that firm emerges from the elevator. Your heart leaps as he heads your way. Forget about it! He's heading for the law firm down the hall, just they way they all do. You won't even get a second glance.
Once again, you feel like shoving everything off of the coffee table with a frustrated swipe of your fists. You grit your teeth and glare at the neighboring law firm. What are they doing that you aren't? You're sick and tired of being out done, but don't know how to fix it. Here are several law firm marketing mistakes you may be making and what you can do to fix them.
* You have failed to convince them of the value your service gives to them specifically. Solution: Go back and do more research on your target market's "points of pain." Use more of these in all of your conversations with prospects.
* They don't trust you. Solution: Develop a list of specific things you can do to build your credibility. Examine your personal image: your clothes, your mannerisms, your listening skills. Analyze your business image: your office location, your office furniture, the quality of your stationary, your business cards, etc.
* They perceive your cost out weighs your value. Solution: Either temporarily
reduce your price or immediately find ways to significantly increase your
perceived value.
* They don't believe your benefits or values because you haven't demonstrated
them. Solution: Find a way to give them a FREE sample of your services.
* Their risk seems too great. Solution: Find creative ways to reduce or eliminate
the risk of working with you.
* They don't feel like you listen to them. Solution: Stop talking so much during your presentation (lawyers often talk too much when they are either nervous or feeding their ego). Ask more questions. Develop a list of questions to ask prospects. Work on reading their body language. Use active listening skills and reflective feedback. Use the 25/75 Rule. A good attorney talks less than 25% of the time during the initial interview. They ask good questions and then listen 75% of the time. The interesting thing is that prospects will feel you are more competent the less you talk, the more you listen and the better your questions are.
* Prospects will not hire you when they don't want you, don't believe they need you or can't afford you. Solution: Cut your losses and move on. They are
currently NOT in your target market.
If you are tired of buying the cheap suits off the bargain racks and driving the foreign economy car that gets great mileage and matches the car the old retired woman down the street drives, then do something about it! To be a winner you must act like a winner and that includes successful marketing techniques.
There are professional, skilled services out there that are in business to help you successfully employ law firm marketing strategies to make your practice a success. It is time you contact one to get the help you need.
About the Author
Stephen Fairley is CEO of The Rainmaker Institute is the nation's largest law firm marketing company that specializes in helping small law firms generate more and better referrals and create a 7 figure law practice. Over 6,000 attorneys have benefited from our proven Rainmaker Marketing System. Attorneys: claim your FREE legal marketing CD '7 Keys to a 7 Figure Law Practice' at www.toplawfirmmarketingtips.com
The American Law Journal | "Retaliation at the Workplace" 3
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The simple answer as to why I write Michigan Bar Appeals is for the fame and fortune associated with it. But since this area of law offers neither, I have to fall back to my real reason.
A good part of my practice focuses on counseling legal professionals in transition. This includes writing Michigan Bar Appeals, teaching bar examination prep classes, tutoring students, counseling applicants delayed in their application process because of Character & Fitness issues and helping young lawyers make the adjustment from law student to lawyer. I am writing a book to help law students prepare for the examination and am getting ready to write another book on how to open a solo practice. My own experience becoming a lawyer pointed up the lack of assistance during this transaction and the great need for guidance and advice. Over the years, I have encountered so many people who needed advice about Character & Fitness, how to reapply for the Bar Examination or simply finding the motivation to retake the Exam.
At first, I began to offer advice to these new lawyers informally. I mentored as I was mentored. Generally speaking, this has been how the practice has been taught and handed down - a combination of mumbled advice and presumed osmosis from which we are supposed to base our career. It was not very satisfying nor helpful. As our practice grows, there are fewer of the familiar relationships in place that promote open dialogue and sharing. Toughen up and put your shoulder into it. Everyone else is fine . . . what is your hang up? Ah, but I digress.
The thing is that the transition from law student to lawyer is difficult. The dizzying mix of personal and professional demands is, at best, challenging and causes no small measure of stress that can cause other problems. Even worse, some people discover that the practice of law is not like the brochures or Boston Legal. Again, I digress.
No matter what, if you have taken the Michigan Bar Examination and not passed, you may be looking for help and advice. I fully understand that feeling. Back in November 1993, I waited for my bar results anxiously as my new job (and my government career) depended upon them. On November 2, 1993, the carpet was pulled out from under me. I missed by two points (actually 1.667 points but the Board of Law Examiners rounds up). No, that was not the news I expected. I worked hard on studying, sacrificed my summer and put all my chips on the fact I would pass.
I was stunned. I did not know what to do. I did not know who to tell. I did tell my boss who was, at first, kind and understanding, but then told me the position held for me had to be filled by someone else. I told my family and friends. I heard all my friends passed and were making arrangements for get sworn in. I felt like a total loser whose winter months were going to be devoted to studying for the Bar Examination once again.
I spoke to my professors and my sister-in-law who told me to appeal my score. Appeal? Appeal what? I did not even know that was an option. I assumed it was a test and a test is a test. Well, it's right in the Michigan Court Rules and tersely explained in the 'failure packet'. OK, now what? How do I do it? Can I do my own? Pen or pencil? does neatness count?
Thank God for the good advice I received. With the help of Megan and Prof. Jack, I put my nose to the grindstone and knocked out my own Michigan Bar Appeal. To say I obsessed over it would be an understatement. I analyzed, reviewed, read and reread the materials: my answer, the Model Answer, the directions from the Michigan Board of Law Examiners. Draft upon draft until I had it just right. Conservatively, I spent about 70 hours on the whole project. I developed the basics for the same approach that I use today in writing appeals. Of course I did not believe I was going to ever do it again. I thought I would succeed, but after failing the Bar Exam and losing my job, betting against the house did not seem real smart.
The good news came to me two months into my new job driving a cab at the airport. On a clear February 3, 1994, I received a call from my dispatcher telling me to call home. As it was the day before cell phone prominence, I pulled over and called from a nearby medical clinic. My wife answered with the kids screaming in the back ground, "Honey, you passed!"" I told all the strangers in the lobby who smiled and wished me well; a great moment on a great day. Another bonus was that my new clerking job became an associate's position that same week. Not only did I get enough points to pass, I actually received three points more. I guess I would have preferred to have passed in the first place, but I savored the win.
I shared this little victory with a few others and helped some buddies write their appeals. My first fee was two cases of Labatt's Blue beer. Ah, the sweet taste of success! About six months later, I was hired to write a Bar Appeal for real money. I was paid and won it. A practice was born.
I have to admit that winning feels good. I wish I could win all of my cases but I simply cannot (nor does any honest lawyer). Writing Bar Appeals gave me an opportunity to employ and hone my writing skills. It let me relive the experience of winning again. Over the years, I learned how to better analyze results and the model answers to tell my potential clients whether they have a chance or not. More times than not, people who want an appeal will not qualify for a number of reasons. It is important to know what chances you have going into the process before investing your time and/or money on a bar appeal. I am just as proud of the fact I can make that call as a trusted resource as I am of the fact I can effectively write Bar Appeals.
Ever since I began looking at bar results, I have never charged for a review. That's my way of paying back all of those people who helped me. It is my recognition of your hard work to enter our trade. It's my way of helping people genuinely in crisis (or at least having a bad hair day).
The reason I write Appeals of the Michigan Bar Examination? Simple. I sympathize and empathize. I have a narrow expertise to share and have helped hundreds make the important decision to write or not write an appeal. I have written over 100 appeals with success on many of them. I feel good as a person and a lawyer to combine my passion with my success. It is rare and wonderful to combine the two. I am at my best doing what I love doing: helping my fellow lawyer get to where he or she wants to be.
About the Author
If you need help with any of your Michigan Bar Exam Appeal, just visit http://www.timdinan.com
Case Study: Michigans Regional Skill Alliances [Randall Eberts]
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Los Angeles is one of the most highly developed and economically stable cities in the world. It is one of the leaders in international trade, entertainment, aviation, apparel and tourism.
It is also a home to various industries such as media production, finance, telecommunications, law, modern medicine, health and transportation.
As it is, employment in Los Angeles is without a doubt on the rise. Consequently, employment problems will surely arise.
Whenever employment problems occur, victims may turn to Los Angeles Employment Law Defenders. They are helpful whether the problem arises in the pre employment, stage, employment proper or post employment stage.
Stages of Employment
Employees must be on guard of the different stages of employment. This is because employment problems may happen not only when an individual is rendering actual services but also during the application stage. The various stages of employment include pre-employment, employment and post employment.
Pre-employment Stage
Hiring
Under federal law, an employer does not have to hire most qualified applicant. However, an employer cannot base his/her hiring decisions on personal circumstances of an applicant that are not work-related. These circumstances often include:
During an interview, the interviewer cannot ask questions relating to these circumstances. It can only ask questions on personal characteristics if it could prevent the applicant from fulfilling the job’s requirements.
References
A previous employer may be asked of any non-confidential information about a previous employee. This information must be true and must not maliciously harm the employee. Otherwise, he/she may be liable for defamation in case of false information.
To avoid any liability, it has become a normal practice for employers to comment only on past employee's job performance. They confirm only dates of hire and separation, plus wage or salary information.
Employment
It is during the employment stage that various violations of employees’ rights are taking place. These violations include discrimination, illegal dismissal, nonpayment of holiday pay, harassment and other work related disputes.
Employees at Will
In California, employees are presumed to be "at will" or those who can be terminated for any legal reason.
Generally, employees who signed an employment contract can only be terminated for reasons enumerated in the contract. In California, the at-will presumption can be overcome by evidence showing that employer's power to terminate is limited in some way.
Workplace Protection
Federal and state laws require that most employers provide a place of employment that is safe and free from hazards. Otherwise, an employee may anonymously complain about an unsafe work environment. The employee, in turn, is protected from employer’s retribution.
Workplace Injury
Worker's compensation laws are enacted to compensate employees who have been injured or killed in work related accidents. Dependents of a deceased or injured employee may also be entitled to benefits.
Employers, on the other hand, may be protected by limits placed on the amount of an employee's recovery depending upon the classification of his or her disability: permanent total disability, temporary total disability or temporary partial disability.
Sexual Harassment
An employer may be liable to an employee for any act of "sexual harassment". It includes any unwelcome sexual advances, conduct or other physical or verbal acts of a sexual nature, which occur in the workplace.
A professional help is required in determining the existence of harassment because the laws provide what conduct, or pattern of conduct, constitutes actionable sexual harassment.
Discrimination and Wrongful Termination
Employers are not allowed to terminate or discriminate against employees for the following reasons:
Post-employment
Unemployment Benefits
Unemployment benefits are based on combinations of federal and state statutes.
Unemployment compensation programs provide monetary compensation to workers who have been illegally terminated. Employees who voluntarily terminate their employment for "good cause" may also be entitled to benefits.
In California, the Employment Development Department oversees the unemployment insurance program pursuant to the provisions of the Unemployment Insurance Code and Title 22 of the California Code of Regulations.
An understanding of these various employment stages could spell a lot of difference in pursuing your claims. If you are in Los Angeles, its employment lawyers are always ready to defend you in court or settlement.
Our http://www.expertlosangelesattorney.com/EmploymentLaw.html> Los Angeles Employment Law Defenders expertly assist our clients in pursuing their employment claims. For a free case analysis just log on to our website.
About the Author
Jean is a content writer for the web page of one of the prestigious law firms in Los Angeles. She also worked as a legal analyst for a Florida based company and a paralegal to a credit cooperative. She hopes to publish her own book someday.
Employment Law : What Is Equal Pay?
Are you having any plans of pursuing a litigation case without the aid of an attorney? You should think twice because you have better options than this. It will be much wiser to hire a litigation attorney than handling a lawsuit alone.
Going through a court proceeding without the representation of a legal counsel is referred to as “pro se representation”. Even though pro se litigants are protected by law, this is often frowned upon in Los Angeles. Self-representation in court may just waste your time and efforts and result in losing.
Although court does not require plaintiffs or defendants to have an attorney to represent them in various types of litigation processes, opting to proceed on your own may lead to an adverse outcome. Such drawbacks include:
• It may cause undue delay since you may not be that familiar regarding the court procedures as an experienced litigation attorney. Unfamiliarity with the legal processes may create confusion and inconsistencies, hence, driving up the time and costs.
• Resolution may take more time and small procedural errors may occur without an attorney to supervise your lawsuit.
• Pro se litigants may lack knowledge on the proper decorum and practices in court. Improper or abusive practices, which are not allowed in court, may lead to penalties or restrictions to the complainants who performed such acts.
• Lack of experience and familiarity with legal processes might cause pro se litigants to sacrifice or forfeit their legal rights.
• You may commit legal and tactical errors, which the other party may take advantage of.
• Pro se litigants may have their lawsuits dismissed when they fail to comply with the court requirements.
• Pro se litigants are often seen doubtfully by the judge or jury since they prefer to deal with litigation attorneys who are more familiar with the legal procedures
The cost of hiring an attorney is what often provokes individuals to self-representations. But considering the better chances of winning your case with the help of a legal representative, it is also more probable that you will earn back your payments for all legal expenses. This includes recovering other compensations from the defendant. The costs you will incur from getting legal services are bound to return to you.
It is highly advisable to get representation from attorneys who are experienced, knowledgeable and skilled in litigation instead of going to court alone. Pro se litigation entails more disadvantages than it does well.
Since a good number of litigation attorneys are scattered all over the United States, it is of utmost importance to choose a legal representative wisely. In Los Angeles alone, there are so many law firms to choose from. Making a mistake of selecting your attorney will also be bad for your case.
Attorneys are good for any legal conflict brought upon by certain circumstances. They can offer immense help in negotiation, court litigation, out-of-court settlements, and conducting trials.
Legal advocates could either be general practitioners who handle various types of cases, or those specialists who have their expertise on their chosen field of law practice. Whom you need will of course depends upon the kind and severity of your legal problem.
Don’t carry the burden of litigation alone. Proceeding without help involves extra tasks, which could be time consuming and frustrating.
Handling your claims will be much easier and less stressful with an attorney by your side. If you need legal assistance in pursuing a personal injury claim, a Social Security disability claim, an unlawful employment claim, or a business dispute, the litigation attorneys of Los Angeles are sure to give you a helping hand.
Take advantage of our expert Los Angeles litigation attorneys’, no win, no fee legal services, Log on to our website now and fill out our case evaluation form now.
About the Author
Jinky once aspired to become an hotelier. Now, she hopes of becoming a successful doctor. She intends to pursue this dream in the near future. In the meantime, she’s glad for the opportunity to enhance her writing skills while working as a content writer.
Tips on Litigation from Chicago Employment Law Firm
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Help! Employment law in Texas: do I need to abide by employment contract of 2 MONTH notice before I quit?
I work for a small company. I was deperate for a job in this recession so I took the first one that came along. Problem is that (1) the work place is unsafe; (2) the boss verbally abuses co-workers -- not me yet -- he definitely has anger management issues; (3) he gives you assignments that makes no sense but expects you to deliver -- deliver what?
Here comes the problem: I signed a contract that says I need to give 2 MONTH notice. I want to find another job and get out of there. But what new employer would give you a job if you can't start for 2 months. I would think 2 weeks should be enough.
One other thing. I am not full time. I am only part-time. Seems awfully demanding to be part-time but require you to gie 2 MONTH's notice.
I meant "give", not "gie"
What can he do if I don't abide by his 2-month notice? Well, he can just not pay me for work alreay done. We are paid one month after work incurred, so he already owes me a month of work.
so whats he gonna do if you quite without a 2 month notice, take away your birthday?
Seriously, what are the consequences of leaving without a 2 month notice.
Check with labor commission in your state. I bet that is not legal to do. If it is legal to fire someone without notice, is sure would be legal to quit without notice. some places will not pay out on any vacation pay without a proper 2 week notice but 2 MONTHS???
Also, if the work place is truly unsafe, call OSHA and start up an investigation.
If you have another job lined up, I personally would drop this guy like a hot rock.
edit: Please check with your local labor commission because I am pretty positive that an employer CANNOT withhold wages already earned. This guy has you running scared. Look in government pages of your phone book and look for labor commission. It is a branch of the government meant to help empoyees with stuff like this. The one in North Dakota helpe me with getting paid for a piddly job like babysitting waaay back when I was a kid and more recently, the labor commission people here in Minnesota helped sort out some bogus rules at a job I had about 9 years ago. Call them and tell the first person that answers a thumbnail sketch of what is going on and they can direct you to someone who can give you the rules of employment in your state.
Oo World News In 60 Seconds oO 8
As a worker in San Fernando Valley, you should be aware of your employee rights and obligations. Otherwise, you may not know that your employer has been violating or has violated your rights in some way. A certain area of law protects employees from unlawful employment practices.
Labor and employment as crucial and significant foundations of every society is given prime importance and protection by the government. The U.S. Equal Employment Opportunity Commission (EEOC) implements several federal laws in order to preserve the rights of workers and build a strong, dynamic relationship between employers and employees.
They aim to protect unprejudiced working environments so that workers will not have to worry about illicit and unjust practices. They attempt to provide fair opportunities to deserving workers who, although belonging to a certain classification, still have the capacity to contribute to society and endeavors to be independent.
Some of the U.S. Laws on Employment
Under the Title VII of the Civil Rights Act of 1964, it is unlawful to discriminate on the basis of color, race, sex, religion, or national origin.
The Equal Pay Act of 1963 (EPA) provides security for men and women who carry out considerable equal amount of work in the similar establishment from sex-based wage discrimination.
The law, that protects elderly workers, specifically those 40 years of age and older is the Age Discrimination in Employment Act of 1967 (ADEA).
Additionally, it is the Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) that forbids employment discrimination against disabled qualified individuals who work in the private sector, and in local and state governments. What prohibits discrimination against qualified workers with disabilities in the federal government are the Sections 501 and 505 of the Rehabilitation Act of 1973.
It is the Civil Rights Act of 1991, which offer financial damages in cases of deliberate employment discrimination.
The Fair Labor Standards Act (FLSA) order minimum wage and overtime pay standards; and recordkeeping and child labor standards for most private and public employment sectors, including work accomplished within the home. It is the Wage and Hour Division of the Employment Standards Administration (ESA), which oversees this act.
Rights of the Employees
• Right against discriminative performances based on your sexual orientation, national origin, race, gender, skin color, pregnancy, religious beliefs, age or disability
• The right to leave for reasons of illness, pregnancy, among others
• Right to fair pay: right against denial of at least the minimum wage or denial of unpaid wages
• The right to a safe workplace
• Right to a work environment free of harassment
• The right to privacy especially with personal matters
In asserting your legal rights, it is important that you discuss it with your employer. Settle out your differences and clarify what it was you found improper then seek resolution. It will benefit you greatly if you know your legal rights so that you can present your problems easily and confidently to your employer.
After talking with your employer, you should be able to come to an agreement, resolution or settlement. If your employer did not take your complaints seriously and took no steps regarding your problem, then it is highly advised that you take your issues to court. File a lawsuit with the help from a San Fernando Valley employment law attorney who can represent your case effectively.
As a worker, you should not disregard defending your rights. Taking legal action immediately will help you obtain justice and compensation for the damages you have suffered.
Our San Fernando Valley lawyers professionally take charge in defending the rights of workers who have been victims of employment discrimination. For more information, log on to our website and ask the assistance of our legal staff.
About the Author
Jinky once aspired to become an hotelier. Now, she hopes of becoming a successful doctor. She intends to pursue this dream in the near future. In the meantime, she’s glad for the opportunity to enhance her writing skills while working as a content writer.
Employment Law : How to Apply for an Import License
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[mage lang="" source="flickr"]federal employment law definitions[/mage]
The Federal Stark law prohibits physicians from referring Medicare/Medicaid beneficiaries to an entity in which they (or an immediate family member) have a financial relationship for designated health services (“DHS”), unless an exception applies. DHS include: clinical lab; physical therapy; occupational therapy; radiology (including, MRI, CAT scans, and ultrasounds); radiation therapy and supplies; DME and supplies; parenteral and enteral nutrients, equipment and supplies; prosthetics, orthotics, and prosthetic devices and supplies; home health services; outpatient prescription drugs; and inpatient and outpatient hospitalization services. In addition, physicians should also be mindful that the Centers for Medicare and Medicaid Services (“CMS”) issued a proposed rule to amend the Stark regulations effective January 1, 2006 to include diagnostic and therapeutic nuclear medicine, including PET scans, to the list of DHS.
Physicians must keep in mind that they cannot ignore Stark, as nearly every financial relationship between physicians and entities that furnish designated health services (“DHS”) implicate the law. Violations of the Stark law have substantial consequences for all parties involved, regardless of the intent of the parties. Sanctions include denial of payment for DHS claims, civil monetary penalties ($15,000 for each claim submitted plus two times the reimbursement claimed), and exclusion from Medicare and Medicaid. In addition, parties who enter into circumvention schemes are subject to a civil monetary penalty of up to $100,000 per scheme.
Group practices are well advised to document their compliance with Stark. Documentation supporting compliance is particularly important in today’s health care environment, which has had an increase in Federal False Claims litigation and investigations stemming from Qui Tam whistleblowers utilizing technical violations of the Stark law as a predicate for False Claims Act violations.
Application of Stark in the Group Practice Setting
Many common financial relationships can trigger the need for a Stark analysis. This article, however, will focus on Stark’s applicability in the group practice context as Stark applies to referrals of DHS within a group practice. For example, if a physician practice provides services such as physical therapy, clinical lab, x-rays, and/or ultrasounds, within the practice, Stark will be implicated. Once the prohibition is triggered, the relationship(s) must then fall within a Stark exception.
The in-office ancillary services exception has been arguably the single most important exception in the Stark law. This exception is designed to protect the in-office provision of certain DHS that are genuinely ancillary to the medical services provided by the practice. In order for a physician practice that provides DHS to protect its referrals under the in-office ancillary services exception, the physicians must first qualify for the group practice definition. The group practice definition is not an exception to Stark in and of itself, but any “group” of physicians that want to take advantage of the in-office ancillary services exception must be structured to meet the group practice definition.
The Group Practice Definition
Under Stark, a group practice is a physician practice that meets the following conditions:
Single Legal Entity.
The group practice must consist of a single legal entity operating primarily for the purpose of being a physician group practice in any organizational form recognized by the State in which the group practice achieves its legal status.
Physicians.
The group practice must have at least two physicians who are members of the group (whether employees, or direct or indirect owners). Stark defines a member of the group as a direct or indirect owner of a group practice (including a physician whose interest is held by his or her individual professional corporation or by another entity), a physician employee of the group practice, a locum tenens physician, or an on-call physician while the physician is providing on call services for members of the practice. An independent contractor is not a member of the group.
Range of Care.
Each physician who is a member of the group, must furnish substantially the full range of patient care services that the physician routinely furnishes, including medical care, consultation, diagnosis, and treatment, through the joint use of shared office space, facilities, equipment, and personnel.
Services Furnished by Group Practice Members.
Substantially all of the patient care services of the physicians who are members of the group (that is, at least 75% of the total patient care services of the group practice members) must be furnished through the group and billed under a billing number assigned to the group, and the amounts received must be treated as receipts of the group. Patient care services must be measured by one of the following:
Distribution of Expenses and Income.
The overhead expenses of, and income from, the practice must be distributed according to methods that are determined before the receipt of payment for the services giving rise to the overhead expense or producing the income.
Unified Business.
The group practice must be a unified business having at least the following features:
Centralized decision making by a body representative of the group practice that maintains effective control over the group’s assets and liabilities; and
Consolidated billing, accounting, and financial reporting.
Volume or Value of Referrals.
No physician who is member of the group practice directly or indirectly receives compensation based on the volume or value of referrals except as provided under the specialty rules for productivity and profit shares.
Physician-Patient Encounters.
Members of the group must personally conduct no less than 75 percent of the physician-patient encounters of the group practice.
Special Rules for Productivity Bonuses and Profit Shares
The special rules for productivity bonuses and profit shares allow a physician who is in the group practice to be paid a share of overall profits of the group or a productivity bonus based on services that he/she has personally performed (including services “incident to” those personally performed services), provided that the share or bonus is not determined in any manner that is directly related to the volume or value of referrals of DHS by the physician. CMS now takes the position that diagnostic-testing services cannot be billed as “incident to” but practices that provide physical therapy can, however, bill physical therapy services as “incident to” services (provided that all of the “incident to” requirements are met).
The Stark regulations specifically set forth examples of formulas that will be deemed not to relate directly to the volume or value of referrals. For example, a group’s profits will be deemed not to relate directly to the volume or value of referrals if revenues derived from DHS are distributed based on the distribution of the group practice’s revenue attributed to services that are not DHS payable by any Federal health care program or private payer.
Documentation of Compliance
Group practices that choose to take advantage of the special treatment that the Stark law affords them must be prepared to demonstrate compliance with the regulations. In this regard, if requested by the Secretary, group practices are required to provide documentation of the total time each member spends on patient care services, and to maintain documentation supporting compliance with the “substantially all” test. The “substantially all” test is intended to guarantee that the group practice members are providing a substantial amount of their services through the group. Groups can document compliance by any reasonable means, including without limitation, time cards, appointment schedules, personal diaries, or other reasonable means that are fixed in advance of the performance of the services being measured, uniformly applied over time, and verifiable. Groups are also required to document, in writing, a new member’s employment with, or ownership or investment in, the group practice before the new relationship commences.
The In-Office Ancillary Services Exception
In order for a group of physicians to provide DHS within the practice, including without limitation, clinical laboratory, physical therapy, x-rays, and ultrasounds, the group must first meet all of the requirements of the group practice definition. If the group practice definition is met, the group is then eligible to utilize the in-office ancillary services exception to protect its in-office DHS referrals. The in-office ancillary exception exempts services personally provided by the referring physician, a physician who is a member of the same group practice as the referring physician, an individual that is supervised by the referring physician, or if the referring physician is in a group practice, by another physician in the group practice, provided that the supervision complies with all of the Medicare payment and coverage rules for the services. In addition, the exception contains a location and a billing requirement.
Conclusion
This article is intended as only a brief summary of the Stark II Phase II Final Regulations in connection with the in-office provision of DHS within the group practice context. Physicians and groups that provide DHS should also be mindful that many other common financial relationships may also trigger Stark, including, without limitation, (1) lease agreements for space and equipment; (2) medical director agreements; and (3) physician employment contracts with group practices and hospitals.
About the Author
The attorneys of Wachler & Associates, P.C., represent healthcare entities, providers and suppliers nationwide in all areas of healthcare law. Our healthcare attorneys and assistants have incomparable experience in the Recovery Audit Contractor (“RAC”) and Medicare audit appeals process. Our lawyers have successfully represented clients in thousands of Medicare appeals cases nationwide since 1980. http://www.racattorneys.com
HHC - Slaves and Salvation, SSSeries: 10-10
THE STATE AND MARKET - A THEORETICAL PERSPECTIVE
A. Introduction
The 1960s marked an evolution of change in world politics where the concept of global diplomacy had become increasingly relevant. It seemed that the Euro-dollar system was the answer to many problems. The system constituted a great improvement on the international monetary mechanism, and for this reason alone it was “in keeping with the basic trend”. It represented a most important step in the progress towards overcoming national barriers that divide the international financial system into separate compartments. Thanks to the new device, those compartments were now much less isolated than they had over been before. What was strange was not that it arose and developed, but that it had not come into being many years earlier. The Euro-dollar system had become familiar and popular among Central Banks and Treasury officials, bankers, merchants, and investors all over the world and most of them were very keen on maintaining it. It led to an “international money market” with a structure of international interest rates. The difficulty had been to establish the system. Once it had come into existence, and had become a going concern, no extraordinary influences were needed for its maintenance in existence .
It can be reported that the international financial markets had borne witness to the largest concentration of economic resources in the world. The Euro-dollar market represents a modern world system where the prime candidates (the economic actors) are independent forces whose actors transcend the nation state. The Euro-dollar market being independent of specific national capital markets, is held together by a web of supra-national institutions and conventions (such as the IMF, BIS, inter-bank market discipline). As, since the market is not nationally based, no national regulators have been able to impose the same restrictions on off-shore operations, that they do on operations on home soil. Partly due to the fact that such action would only serve to shrink the market, and thus seriously harm international trade and payments. However, instead of disappearing, it had been going from strength to strength, throughout the 1960s. In fact, there was much more to the system than was assumed, especially by those who regarded it as being a purely temporary outcome of fortuitous circumstances. What they failed to realise is that it fulfils very important requirements, and that its development is in keeping with the trends of the market system. The international integration of the money markets, the elimination or reduction of rigidities in deposit rates and loan rates, the circumvention of artificial obstacles, the freeing of competition between lenders, and the improvement of the automatic functioning of market-mechanism, had long been overdue.
The relationship between “the state” and “the market” is fundamental to any understanding of the issues involved in economic and political change and the ordering of human relationships. The changes of the state in globalism brought with it a mix of values (wealth, freedom, and justice) within a market-authority relationship that affected the structures of power in the world economy. The purpose of this paper is to explore these very central concerns highlighting the impact of the world economy on the relations of states, and the ways in which states had sought to influence market forces for their own advantage. The theoretical theme of this thesis is that, traditional political science approaches to the economic policy of the “nation-state” are not enough in explaining the development of contemporary capitalism, and that, each state exists only as a political actor in the global flow of capital. In that sense the world market constitutes the existence of the reproduction of capital.
This paper will assess the nation-state and the concept of economic policy making in a globalised economy by using three theories, Liberalism, Marxism, and the Theory of Hegemonic Stability, which will analyse the nature of the state and market. The Marxism framework will be the chosen theoretical framework and will be referred upon throughout the thesis. However, all of the three theories investigate firstly, the economic interests of actors/groups and the ideas they espouse and secondly, the relationship between the political and economic domains in contemporary international society. Using this framework, this paper will have explored, whether the state was “captured” by particular interests, by examining the role of the state, by using the following argument:
The concept of the state and market - Who makes the rules for the market? Could it be that, it is industry itself, which makes the rules and the state that, legitimises the rules?
B. International Economic System
Realist theories of international relations start from the assumption that states are the fundamental units of the international political system, in which, states possess a “national interest” in maximising power, wealth or both. Taking this analysis into account, realist theorists are able to develop rigorous systemic explanations of how the international political system is ordered. Kenneth Waltz has used analytical tools grounded in neo-classical microeconomics to explore the underlying characteristics of the state system. Taking states as the functional equivalent of firms, Waltz develops a variety of insights about how, the number of states in the system affects the very configuration of their interaction - much as an oligopolistic market behaves differently than a perfectly competitive one.
One of the more provocative outgrowths of this Realist theorising is called the “Theory of Hegemonic Stability”. Reviewing specifically the international economic system, scholars such as Stephen Krasner and Robert Keohane , analyse the formation of stable economic relations among states as a classic collective-action problem. They conclude that international economic stability is best provided for in a system dominated by one actor capable of managing the system more or less unilaterally. Such generalisations are solidified by analysing the Pre-World War One “Pax-Britannica” and the Post-World War Two “Pax-Americana”, as exercises in the stabilising nature of hegemonic leadership. It is often argued that such hegemonic systems will tend towards liberalisation of trade and capital flows. However, even though Realists have clarified and illustrated many issues in international relations, one very serious problem arises in attempting to apply their insights to the analysis of the real world. If the states are the crucial actors in the system, then it is of fundamental importance, to understand the goals that they pursue – just as micro-economic analysis must understand the goals of all players in the market. Some realists simply assume state interests, usually as some variant of survival or power maximisation. Others believe state interests are derived from the relative position of the state in the international system: hegemonic states have one set of interests, weak states another.
For realists then, state interests are essentially static and exogenous, given by the very nature of the international system. Yet, even the most rigorous of Realists realise that this is only part of the story. Kenneth Waltz claims that, “each state arrives at policies and decides on actions according to its own internal processes, but its decisions are shaped by the very presence of other states as well as interactions with them”. Robert Gilpin, is even more explicit about domestic pressures on foreign policies. “The state … may be conceived as a coalition of coalitions whose objectives and interests result from the powers and bargaining among the several coalitions composing the larger society and political elite … The objectives and foreign policies of states are determined primarily by the interests of their dominant members or ruling coalitions” .
Another piece of work involves Cox’s study of critical analysis, which develops the understanding of state’s rational choice, and the decision-making process, in international and domestic affairs. The state emerges as the political focus for the process of adjustment and change. That, by understanding the state, by what it is, what it does, and where it fits in Robert Cox’s state-society complex, lies the theoretical issue. The notion of the state and market, is an important step to understand the broader context of thinking about order, addressing the basic underlying concern of the ways through which “governance without government ” can be achieved in order to avoid undesirable outcomes in international and transnational relations.
One conclusion is that, financial market deregulation and re-regulation, in their various disguises, have come to constitute a major developmental trend, not only in the world economy, but also in world politics. Processes of regulatory arbitrage, market expansion and the development of the competition-state in a more open world have led to a range of structural changes which seems to be identifiable as an “integrated, 24-hour global financial market-place”. A series of changes has not only had an uneven impact upon different states (and different kinds of state and market structures), but has also constrained the actions of policy makers everywhere. In the context of political economy, much literature on international macro-economic questions has been built, around the “theory of hegemonic stability”. In the broadest terms, the theory of hegemony stability suggests that a necessary condition for international economic stability and fruitful international economic cooperation, especially in matters of money and finance, is the existence of a hegemonic state. The hegemon is able and willing to lead others in the system and to act, for example, as an international lender of last resort, and a lender of cooperation in the event of a financial crisis or panic.
The leadership of the hegemony is based on a general belief in its legitimacy at the same time that it is constrained by the need to maintain it; other states accept the rule of the hegemon because of its prestige and status in the international political system. A considerable degree of ideological consensus, or what Marxists following Antonio Gramsci would call “ideological hegemony”, is required if the hegemon is to have the necessary support of other states. If other states begin to regard the actions of the hegemon as self-serving and contrary to their own political and economic interests, the hegemonic system will be greatly weakened. It will deteriorate if the citizenry of the hegemonic power believes that other states are cheating, or if the costs of leadership begin to exceed the perceived benefits. In such situations, powerful groups become less and less willing to subordinate their interests to the continuation of the systems.
A number of realist ideas about power and liberal ideas about the advantages of the market co-exist, in the theory of hegemony. As it is a theory of international politics, based on a number of key realist assumptions, relating to the emergence of a liberal economy, to the configurations of power in international politics. The idea that a hegemon might provide some of the political re-conditions for a liberal economic order was originally put forward by Charles Kindleberger. Much of the literature on hegemonic stability has taken inspiration from the writings of Charles Kindleberger, and in particular his arguments that the great depression of the 1930s was in large part due to the absence of hegemonic leadership on the part of the United States . In the absence of leadership or hegemon, the liberal international economic order and its associated monetary arrangements may disintegrate, unless other leading capitalist nations are willing to share more of the burdens of its management and leadership.
Thus, after, US hegemony there may be more conflict and disorder in the international political economy. Robert Keohane , states that if there is a solution, to the problem, it lies in the flexible strengthening and extension of international collective goods, regimes and institutions. Regimes can provide a more favorable environment for cooperation through enhancing communication and altering perceived pay-off structures for different actors, and making them consider the longer-term repercussions of their actions by extending “the shadow of the future”. In this context, there has been a growth in the use of game theory as a means of understanding the conditions that best promote rational self-interested cooperation and a lengthening of political time horizons.
Present work by a range of scholars from different perspectives , indicates that hegemony defined in realist terms, as the “prevalent power of one state over others in the system”, is merely one variable in complex historical situations. A range of socio-historical forces need to be taken into account in any explanation.
However, to understand how states manage the constraints of the domestic and international domains, it is important to understand the politics of the individual state itself, situated as it is between domestic and international society. If the state is a prime decision-maker, this requires some notion of how the economic interests involved in the global market economy became articulated in the politics of the state. Nevertheless, the theory of hegemonic stability fails to comprehend the theoretical relationship between the political and economic domains. As it is important to understand the relationship of those with significant resources in the (domestic and international) market economy to political power. The hegemonic stability approach points to a political framework for the market provided by the hegemon. As in the liberal case, the market is a “natural” institution fundamental to human interaction.
The market is an institution, representing political and economic advantages for some social groups and economic actors, and relative costs to others. This is not always evident in the case of markets; their apparently self-regulating nature obscures the role of politics in their emergence and development. What is important is the interaction of domestic and international factors mediated through the politics of the state in an international system characterized by both anarchy and a global market economy. To understand international politics it is important to theorize these connections between markets and politics, domestic and international, through our understanding of the state. Interdependence emerges as a central feature of international politics.
C. Political Liberalism
The underlying assumption of political liberalism is the intrinsic value of individuals as the primary actors in the liberal system. Liberalism is thus embodied with a concern for enhancing the freedom and welfare of individuals. It proposes that human-kind can employ better reason to develop a sense of harmony of interest among individuals and groups within the wider community, domestic or international. Thus liberalism has, as a goal the harmonisation of conceptions of self-interest “through political action”. Progress towards this goal is “seen in terms of possibility rather than certainty” .
In the international sphere, these goals are realised through the promotion of liberal democracy, through international co-operation, law and institutions, and through social integration and technological development. It is fairly easy to see how the economic variant fits in the general picture. The maximisation of individual economic welfare is a very important aspect of the enhancement of individual freedoms. States can direct their policies towards this goal through co-operation to realise mutually beneficial economic gains for their peoples. However, how successful is the liberal approach at addressing the central theoretical question?
Firstly, the separation of markets from politics, from their political and institutional settings is confusing. This is to misunderstand what a market actually is. It is not a phenomenon resulting from spontaneous interactions among individuals; it is instead a complex political institution for producing and distributing material and political resources. As such, it is relatively advantageous for some, and rather bad news for others, depending on the historical circumstances of individuals in their socio-economic context. In addition, if markets are properly understood as political institutions, the assumption that they are automatic or “self-regulating” breaks down – it becomes clear that markets, like any other political arrangements, are contestable and open to manipulation by those who have the power to do so.
Secondly, it is difficult to understand the behaviour of economic agents, whether individuals or firms, outside their socio-political context. Economic agents do not just react to a series of market incentives: markets differ from sector to sector, or country to country. Socio-cultural institutions and political conflict shape the pattern of market institutions, and vice-versa; and economic issues are intimately interconnected with other aspects of human existence. In general, it is essentially a motto to assert that economic agents interact as members of a social whole that is greater than the sum of its parts.
The third point involves the limitation of the liberal perspective itself, (the separation of markets from politics leads to this). There have always been markets in the sense of local exchanges of goods and services, but the market system or economy is a relatively recent development . Liberalism therefore fails to account for the history of political conflict that has altered the institutions of the market over time. The institutions of nineteenth-century laissez-faire contrast greatly with those of the post war mixed economy, and since the 1970s rapid changes have been under way. The changing patterns of market institutions have altered the distribution of gains and losses, the pattern of political resources, and the political preferences “of players in the game”.
Fourthly, the liberal perspective is an economic reductionist approach. Regarding this, the focus is that liberals ultimately focus on a feature of economic structure, the pattern of comparative advantage among economic agents, as a source of explanation. The complexity and political content of international economic relations are reduced to a reflection of the international division of labour, or market structure, as utility maximisers interact within its confines. Hence, by separating the understanding of the state from that of the economy, and of the individual from society, there can be no successful theory of politics or of the state.
However, it is precisely a political theory of the market that is required. In the absence of a theory of political conflict and the state, it is difficult to understand how the market structure might change over time. Liberalism’s basic assumptions, concerning the existence of rational economic actors, or a competitive market, are unrealistic. The structure of comparative advantage certainly does shape and constrain the interactions among actors, but the emergence and transformation of comparative advantage, the structure itself requires explanation. Change is an open-ended political process that takes place within a particular structural setting, but with the potential to alter structure itself.
To conclude, the main critiques that arises signify that, economics artificially separates the economy from other aspects of society, and accepts the existing socio-political framework as a “given”, including: the distribution of power and property rights; the resource and endowments of individuals, groups, and national societies; and the framework of social, political, and cultural institutions. The liberal world is viewed as one of homogeneous, rational, and equal individuals living in a world free from political boundaries and social constraints. Its “laws” prescribe a set of maximising rules for economic actors regardless of where and with what they start; yet in real life, one’s starting point, most frequently determines where one finishes .
Liberalism is also limited by its assumption that exchange is always free and occurs in a competitive market between equals who possess full information, and are thus enabled to gain mutually if they choose to exchange one value to another. However, exchange is seldom free and equal. Instead, the terms of an exchange can be profoundly affected by coercion, differences in bargaining power (monopoly), and other essentially political factors. In effect, because it neglects both the effects of non-economic factors on exchange and the effects of exchange on politics, liberalism lacks a true “political economy”.
Hence to conclude, the liberal perspective is committed to free markets and minimal state intervention, that trade and economic intercourse are a source of peaceful relations among nations, because the mutual benefits of trade and expanding interdependence among national economies will tend to foster co-operative relations. Whereas politics tends to divide, economics tends to unite peoples. A liberal international economy will have a moderating influence on international politics, as it creates bonds of mutual interests and a commitment to the “status quo”. However, it is important to emphasise that, although everyone will, or at least can, be better off in “absolute” terms under free exchange, the “relative” gains will differ. It is precisely this issue of relative gains and the distribution of wealth generated by the market system that has given rise to economic nationalism and Marxism as rival doctrines.
D. Marxism
Marx’s claimed that, “the abstraction of the state as such belongs only to modern times. The abstraction of the political state is a modern product” . The emergence of the capitalist state form was neither an automatic response to the development of the free world, nor a matter of the transfer of power from one class to another. The historic change in the form of the state occurred gradually as political revolutions overthrew sovereign power, and fundamental social struggles, which were both prompted by and were expressions of, changing social relations of production, “since they were all manifestations of the separation of the people from the community” . However, the “class” character of the capitalist state, was not determined by a dominance of capitalists or the primacy of the economy. Rather it is the separation of the state from civil society and thus the political regulation of class antagonism upon which the class character of the state rests.
However, from my readings from the theories introduced there seems to be a conflict of termination, surrounding the public use of the term “capitalism”, almost that it is faced by those who would defend capitalist institutions. When challenged, the terminology seemed to follow variations in economic performance. In periods of social stability and economic growth the limits of the possible under capitalism are rarely evident or tested, and few people need to use the term. It will be the argument of this thesis that the development of this “capitalist economy” requires a look at the writings of Karl Marx. The British government’s use of the Euro-dollar market in order to achieve its policy objectives flowed from its recognition that the world it faced in the 1960s was capitalist, in the sense that Marx used the term; and therefore in order to understand the world as it is today, it is essential to begin by discussing Marx’s characterisation of 19-Century capitalism.
The theory of the Modern World System (MWS) was strongly influenced by Marx, where the “world market” is essentially a mechanism for the economic exploitation of the less developed countries by the advanced capitalist economies. This Modern World System position is based upon the classical Marxist analysis that, both the nation-state of the nationalists and the market of the liberals are derivative from underlying and more fundamental social and economic forces. Rather than being independent actors or variables, they are consequences of a peculiar juncture of ideas, institutions, and material capabilities. The state and market are the products of a “historical epoch”, and are firmly embedded in a larger social matrix. The central argument that the “world market” contains a dominant core periphery and a dependent periphery that interact and function as an integrated whole. It is clear that the historical content of the MWS position is crucial to the insight of the state and market. As noted, the market system and the nation state are both products of modern society and of profound changes in human consciousness, productivity, and social forces. Using the analysis of the MWS theory, nation-states and the conflict among them are the foremost manifestation of man’s nature as a “political animal”. Taking the notion, that far from being mere creatures of economic and historical forces, states are independent actors in economic and political affairs. It should also be noted that the market and “economic man” have achieved an independent reality. Once having come into existence, the modern market cannot be reduced to sociological forces. The market, like the modern state, has come to exercise a powerful influence over historical developments.
Another factor worth noting is that, since Marxists hold that the state action can only be understood in terms of historical trends, any analysis must focus on the origins and basic motivations for state action over time. Another common element in all Marxist theories, which distinguishes them from all other theories, is the subservience of the state to the interests of capital. To Marx, capital meant a social process, which can include the hiring of labour, the construction of machinery, the exchange of products for money, and the re-investment of that money into another round of the profit-generating process. Capitalism is the all embracing term that includes each of these mechanisms. The British State viewed as a whole, can best be understood, according to Marxists, as defender of the capitalist system. It is argued that British live in a class society where the basic divisions are drawn according to ownership and control of the means of production. A minority capitalist class owns the means of production and exploits a wage-earning class. The state’s action in maintaining capitalism is an expression of the power of the dominant class. However, this does not imply that a tiny capitalist elite manipulates the state “behind the scenes”.
The principal strength of the Marxist analysis, and most other radical approaches to international politics is that they focus precisely on the connection between the social and economic structures of the capitalist economic system, and the exercise of political power in the international system, on the other. In the domestic political system, the capitalist system of production entrenches the dominance of one class over another: the state is the capitalist state. As the economy becomes internationalised, this class dominance projects itself into international politics. The political organisation of the international system reflects the power relations of the global market economy. This manifests itself both in competition among states in the international system, and in the co-operative processes represented by international economic regimes. In the perspective of some traditional Marxists, the spread of capitalism touches off a process of economic and political development in less developed parts of the globe as capitalist firms, often supported by their home states, seek profitable opportunities for investment abroad.
Dependency theorists saw the flaw of this approach and pointed instead to the likelihood of core and periphery areas of the global economy remaining distinct despite incorporation into the capitalist world economy. Johann Galtung developed a structural theory of imperialism, proposing that the mutually beneficial political and economic relationships between elites in core and periphery countries world maintain the structural pattern of dependency in the global economy.
It is however difficult to generalise about these diverse theories, but most do share some essential characteristics. The approaches tend to be based on analysis of the socio-political effects of economic structure. In this sense, most are reductionist like the liberal approach. This is not surprising; Marx regarded his work as a critique of the classical liberal political economists, and thus he focused on a similar set of intellectual problems. Politics in the domestic and international domains tends to be reduced to a function of the capitalist production structure and the division of society into classes, which is in turn a result of the individual’s relationship to the means of production.
However, the theories are weak in explaining just how this relationship between political power and economic structure is expressed. There is an essential, missing ingredient – a theory of how structures themselves originate, change, work, and reproduce themselves. Antonio Gramsci, (and other theorists who used the Gramscian method in international relations, such as Robert Cox , and Stephen Gill ), attempted to develop a more political explanation of the relationship between economic structure and political processes at domestic and international levels of analysis. They sought to avoid the problem of economic reductionism referred to above, drawing on Gramsci himself as well as Karl Polanyi , Fernand Braudel , and other social theorists, and in the process overcame many of the limitations of liberalism, Marxism and realism .
E. Theoretical Comparisons
Using the Euro-dollar market as an example, the market system has become a major factor in shaping modern society; market competition and the responsiveness of economic actors to relative price changes. These issues propel society in the direction of increased specialisation, greater efficiency, and (if liberal and Marxist predictions ultimately prove correct) the eventual economic unification of the globe. Marx observed that the market, or capitalist system, was a revolutionary departure in world history and also argued that traditional culture and political boundaries would crumble in its path as it moved inexorably toward the full development and integration of the globe’s productive capabilities .
Although, the market system is driven largely by its own internal dynamics, the pace and direction of its forward movement are profoundly affected by external factors. The interaction of the market and environmental conditions account for much of the economic and political history of the modern world. Among the so-called exogenous variables that affect the operation of markets are the structure of society, the political framework at the domestic and the international levels, and the existing state of scientific theory and technological development, all of which constitute constraints or opportunities affecting the functioning of economic actors. However, the market itself affects and transforms external factors in important ways: it dissolves social structures, alters political relations, and stimulates both scientific and technological advance. An understanding of the ways in which market forces and external factors affect one another is essential to comprehension of the dynamics of the international political economy.
On a general level, the “state” covers a heterogeneous group of institutions engaged in an active process of regulating and directing society. It is these institutions in which “state power” lies. The state also serves to give society some unity, integration and coherence. However, when one asks what the role of the state is, or what it should be, one if faced with a number of sharply contrasting views or theories.
As, for the market, historically, markets have always existed in one form or another as economic exchange relationships (such as trade) among individuals, enterprises or communities. The market system, has been characterised by industrial capitalists, and Marx, where owners of capital, workers, and intermediaries are all linked in social relationships via a complex pattern of political and market institutions. These facilitate the circulation of money for the production and purchase of commodities, services, land and labour. In the post-World War Two economic order, a market has been a political device used to achieve certain outcomes, conferring relative benefits on some, and costs on others in both political and economic terms. It is in essence, a political institution that plays a crucial role in structuring society and international politics. The changing market structure gives rise to new patterns of economic and political forces.
The Euro-dollar market was focused and developed in London at the initiative of the US-based banking industry. This development reflected the combination of the effects of former Eastern European bloc countries moving their US dollar balances out of the United States to Western Europe (mainly to London) during the beginning of the middle 1960s, and of Regulation Q, which put a ceiling on the interest rates that US banks could pay on deposits. It was also worth noting that while the effects of Regulation Q probably had the greatest effects, other countries through the 1960s (Canada, the Netherlands and Germany being the exceptions) had ceilings on both borrowing and lending rates. These controls distorted credit flows as well as well as the allocation process, which was determined not by the market mechanisms, but by bureaucratic hierarchies. Also, the industrial activities of multinational corporations increased demand for international banking services. At the same time, international banking was dominated by US based institutions that further stimulated the Euro-dollar market. Moreover, the Euro-dollar market was not subject to regulatory constraints on interest rates. This characteristics gave US banks an opportunity to “short-circuit” Regulation Q and institutions from other countries to undertake activities in London, which they were prohibited from undertaking in their indigenous markets.
However, each view will be found to rest on rather different assumptions about the nature of human beings and their interests. In the liberal view, a person’s interest is simply what a person says it is. To a reformist however, this is not realistic. People need help in identifying and articulating their interests. Also, liberalism, which emerged from the Enlightenment in the writings of Adam Smith and others, was a reaction to mercantilism and has become embodied in orthodox economics. It assumes that politics and economics exist, at least ideally, in separate spheres. It argues that markets, in the interest of efficiency, growth, and consumer choice, should be free from political interference.
The Marxist view is rather more complex, but argues what a person thinks - including how he perceives his interest, is determined by the particular society in which he lives. If the structure of the society works against a person’s real interest, then what he thinks is in his best interest may not be so after all. Also, Marxism holds that economics drives politics. Political conflict arises from struggle among classes over the distribution of wealth. Therefore, political conflict arises will cease with the elimination of the market and of society of classes.
The underlying assertion is that no state had a “grand plan” to reform the market, as for much of the period under consideration, states had provided the “regulatory needs” demanded by the industry. That, from time to time when there was sufficient autonomy between the state and the industry, the state could be seen to be acting contrary to the short-term interests of the industry and its long-term interests. However, the needs of the bureaucrats and elected officials were also a factor in the character of the policy implemented. In these latter situations it is argued that the state and its officials were acting in their own interests. That, they behaved in this fashion in order to preserve the indigenous financial regime and the positive economic externalities that go along with a rich financial infrastructure. Ignoring the global financial developments would risk erosion of the indigenous financial system and the loss of the positive economic externalities of this activity. It is this process that gave rise to the competitive deregulatory developments that was experienced in the development of the Euro-dollar market in London, and the industrial democracies.
This argument is the significant “base” of the thesis, as while some actors might have benefited from the tight restrictions of the US in the 1960s (such as Regulation Q, and the Interest Equalisation Tax), non-state actors had tended to argue for a relatively unregulated or liberal policy conditions, which allows a clear advantage to their market power. International finance, has been a major force in integrating the modern world economy, nourishing the international economy in the form of loans and portfolio investment (stock and bonds). In the contemporary period, foreign direct investment by multinational corporations has augmented these traditional means of capital flow.
Governments and non-state actors have become important sources of capital through the making of loans and the giving of official aid, particularly to less developed countries. Also, in the perspective of liberal economics, the primary function of international finance is to transfer accumulated capital to the location where its marginal rate of return is highest, and where it can therefore be employed most efficiently. The flow of capital internationally is a powerful “driving force” in the world economy, and the transfer of capital from regions with capital surplus, where the rate of return is relatively low, to potentially more productive regions is a major factor in the dynamics and expansion of the world system.
As international finance has significant political consequences theoretically, as it can also be the weakest link in the international economy: speculative and volatile flows of capital can be a major source of global economic instability. In the words of Charles Kindleberger , the international financial system is inherently prone to “manias, panics and crashes”. It is subject to periodic debt crises and destabilising international flows of investment, speculative, and flight capital in search of higher rates of return or safe havens.
In a world divided among competitive states, international finance and the exercise of influence by the hegemonic power over international economic and political affairs are closely related. The hegemon is both the manager and a primary beneficiary of the financial system. It is the primary source of capital for developing economies, and its currency is the basis of global financial relations. If a financial crisis occurs, the hegemon is the only actor that can play the role of what Charles Kindleberger has called the “lender of last resort”, and can take the necessary action to moderate the threat to the system. Finally, the questions are important as it investigates the “doctrine” of political conflict, over who gets what, where and when. Robert Cox has gone as far as the idea that: “Theory is always for someone, and always for some purpose” .
F. Conclusion – “national states, capitalism and the global economy”
One question that arises from this theoretical paper is; what is the relevance of all this, to the situation that was faced by the British government in the 1960s? As there is no way in which “Capital” can be taken as a total and unambiguous guide to the detail of social and political life a century after its publication. Whatever the status of Capital is, it proves to be useful to the specification of the relationship between theory and practice. After all, Marx’s writings contain a number of very serious errors; not least his underestimation of the degree of political stability which capitalism in Western Europe and the United States would experience through the incorporation of the working class into the ruling political structures. That, is the critical legacy with which present Marxists have come to terms, a legacy that Marx certainly did not expect and to whose prevention his whole life work was dedicated. Nor did he anticipate that a revolution would be made in his name in the most backward of the major capitalist nations in 1917, and that in its isolation, that revolution would degenerate into a political dictatorship which would use his writings to justify the consolidation of the very system of wage labour to whose transcendence he was so dedicated. Today, both within and beyond the Marxist tradition, unresolved debates continue on the status and adequacy of the labour theory of value, on the problem of translating Marx’s analysis of value formation under capitalism into an adequate theory of price determination, on the propensity of the rate of profit to fall, and on the epistemological status of Marx’s categories and their susceptibility to empirical refutation .
However, this “celebrated failure” of Marxism is a failure not of economic theory but rather of the social and political expectations based on it. In modern Western Europe, it was conventional among the vast majority of practising economists (outside the Communist parties), to dismiss Marx’s economic writings as anachronistic, rendering redundant at the level of micro-economics by the rise of marginalism, and at the level of the national economy by the writings of John Maynard Keynes. Also, these very developments, in the field of economic theory seemed to be matched by the very dynamism of capitalism to which Marx attached such importance.
One argument that had been identified in this paper in response towards the theory of the relationship between states and the global economy, is that the state form is a product of the struggles which eventually secured the dominance of capitalist social relations. Through history, capitalist states had developed on the basis of the principle of territoriality of jurisdiction. The fragmentation of the “political” into national states, which from their very roots comprise an international system, had developed alongside the internationalisation of capital. The transition from the personal sovereign to a sovereignty of public authorities over a defined territory was a key element in the development of the capitalist international system, as it provided a multi-purpose framework which permitted and facilitated the global circulation of commodities and capital.
The Euro-dollar market inherently being a new phenomenon proved some uncertainty to the British Labour government during the mid-1960s, which had to approach the new market through an analysis of the world in which the Labour Party sought to govern. Such an analysis posed questions as to why particular institutions and processes posed such a set of problems for the individual Labour governments? Why did particular issues come to preoccupy political debate in one period only to dwindle in importance in the next? Why particular patterns of political and social cleavage prove so tenacious? With such questions, and a new market developing, the British Labour Government had to respond with a set agenda in order to control specified targets including the sequence of booms and slumps, the differing strengths of the national economy, the rise and significance of multinational corporations, the role of international financial agencies, and the changing role of the government in economic and social life. Such a task seems a formidable one, but one that was not considered impossible. What holds the analysis together is the recognition that the world during the 1960s was “capitalist” to the sense that Marx used the term. The law of value still operated throughout the major economic and social processes. Due to this reason, the preceding outline of Marx’s analysis remains relevant, as it provides the means by which the true nature of the British government’s dilemmas can be explained and understood.
ENDNOTE
1. Einzig and Quinn, 1977
2. Kenneth Waltz, Theory of International Politics, Reading – Massachusetts: Addison-Wesley, 1979.
3. Stephen Krasner, State Power and the Structure of International Trade, World Politics, 28 April 1976, pp 317-347. Robert Keohane, The Theory of Hegemonic Stability and Changes in international economic Regimes, 1967-1977, in Change in the International System, Ed: Ole Holsti, Randolph Siverson and Alexander George, Boulder – Westview, 1980, pp 131-162.
4. Robert Gilpin, War and Change in World Politics, Cambridge University Press, 1981, pp19.
5. J. Rosenau and E. Czempiel (eds), Governance without Government: Order and Change in World Politics, Cambridge, 1992.
6. Charles Kindleberger, The World in Depression, 1929-39, Berkeley, University of California Press, 1973
7. Robert Keohane, After Hegemony: Cooperation and Discord in the World Political Economy, Princeton: Princeton University Press, 1984
8. Van der Pijl (The Making of an Atlantic Ruling Class, London, Verso, 1984); Cox (Power, Production and World Order: Social Forces in the Making of History, New York, Columbia University Press, 1987); Gill (American Hegemony and the Trilateral Commission, Cambridge University Press, 1990); and Walter (World Power and World Money, New York, St Martin’s Press, 1991).
9. Mark Zacher and Richard Mathew, Liberal International Theory: common threads, divergent strands, in Charles Kegley, Realiam and the Neoliberal Challenge: Controversies in International Relations theory, New York, St Martin’s Press, 1994.
10. Polanyi, Karl, The Great Transformation, Boston, Beacon Press, 1944
11. Dahrendorf, Ralf, Life Chances, Chicago, University of Chicago Press, 1979.
12. Marx Karl, Contribution to the Critique of Hegel’s Philosophy of Law, in Marx/Engels 1975, vol: 3, p32.
13. Galtung, Johann, A Structural Theory of Imperialism, International Journal of Peace Research, vol: 8, 1971, p. 81-118.
14. Cox, Robert, Production Power and World Order, New York, Columbia University Press, 1987
15. Stephen Gill, Gramsci, Historical Materialism, and International Relations, Cambridge University Press, 1993
16. Fernand Braudel, (Capitalism and Material Life, London: Weidenfield and Nicolson, 1973), also (The Wheels of Commerce, London: Collins, 1982)
17. Marx, Karl, Karl Marx: Selected Writings, ed. David McLellan, Oxford, Oxford University Press, 1977 (1859)
18. Kindleberger, Charles, Manias, Panics, and Crashes: a history of financial crises, New York, basic Books, 1978
19. Robert Cox, Social Forces, States and World Orders: Beyond International Relations Theory, New York, Columbia University Press, 1987, p205
20. Yaffe D, The Marxian theory of crisis, capital and the state, Economy and Society, 2(2), May 1973, pp203-213.
About the Author
Criminal Rothschilds
question about european union law?
A (imaginary) directive was due to be implemented by 21st december 2008, it seeked to give futher rights to women in employment to claim equal pay for work of equal value of men. The former government (in uk), sought to introduce appropriate legislation by introducing before Parliament the Equal Value Bill 2007. However, the bill was defeated at second reading in the house of commons and not adopted. A new parliament is elected in early 2009 and opposes the implementation of the directive.
my question is that even though the implementation date passed in 21st december 2008, will the new government be liable for not implementing the directive even though they came in to power just after the implementation date had passed???
Yes. But think about it. To the EU it is still the same government i.e. the UK government.
It won't be the politicians who pay the price but the country.
Part 1 Question Time December 16, 2008
[mage lang="" source="flickr"]texas employment law rights[/mage]
Employer and labor contracts are some of the most diverse and complex arrangements made. Throughout the country's history, labor law has changed significantly to ensure that employees are treated fairly and equitably. When there is a breach of contract or failure on the part of an employer to treat you fairly, civil action to remedy the problem is your right. An experienced employment lawyer can help ensure that your case is filed and equitably settled in any number of disputes with your employer.
Protecting Against Wrongful Termination
Texas is an "at-will" state when it comes to employment law. This means that unless specifically enumerated in a contract, either party can terminate the contract for any reason, or for no reason, with or without prior notice. While this arrangement protects employers in many cases, it does not allow them to terminate you for the following reasons:
If you were terminated because of discrimination or because you turned in your employer for illegal activity (referred to as whistleblower or qui tam suits), you need an employment lawyer to help file a claim and restore your job and reputation.
Contractual relations between an employee and employer may override an at-will condition of employment. If there is a breach of contract regarding termination, civil action is possible.
ERISA Employee Benefits
The Employee Retirement Income Security Act, ERISA, is a federal act to protect employees concerning their benefits and retirement plans. Employers must follow strict guidelines regarding disclosing and administering employee benefits. An employment lawyer can help you with issues pertaining to:
An employment lawyer will help ensure that you get the benefits that were promised to you by your employer.
Workplace Injury
Regardless of the type of work that you perform, there are occupational hazards. Most employers cover workplace injuries through the Texas Workers’ Compensation program. An employment attorney can help you obtain fair and just compensation when your employer fails to cover you adequately. Common workplace injuries include:
Employers are responsible for the safety of their employees. Failure to ensure safety may make them liable if you are injured or killed at work. Workers’ Compensation covers medical expenses related to a work-based injury.
About the Author
When seeking legal advice on any type of employment-related issues, please visit the website of Beaumont, Texas employment lawyer, Richard Coffman of The Coffman Law Firm, serving residents in Beaumont, Texas and entire United States.
Labor Law Jobs Video
You've finally landed that highly sought after yet elusive client. Now you must give everything you have to keep them. It seems as though you've put forth all of the blood, sweat and tears you could muster just to get this opportunity. Now that you have secured this client, what law firm marketing strategies are you employing to keep them?
Other successful firms have found ways to keep their premium clients. What are you doing to keep yours? Once again, you may feel like banging your head against your desk; frustrated and fed up because it's just one thing after another. You don't catch a break just because you've landed the client. Now you must figure out how to keep them.
Prepare to bleed more effort into serving your new conquest. The process to make the client happy has only begun. You know the only place success comes before work is in the dictionary. Following are some law firm marketing strategies that insure your clients remain in your focus and you must work hard to employ them.
Begin work on the case immediately. As soon as the client signs on, spend some time that day or the next working on the case. This is necessary to protect your client's best legal interests. It also shows their immediate need for legal help and that you genuinely care about them.
Send them some form of written communication within 48 hours of taking the case. It isn't enough to start working immediately on their case. You must also show that you are actively working on their case by mailing them a copy of everything you do. Consider time stamping everything so they will see you started on their case almost as soon as you landed it.
Send out a brief client survey within one week of landing the new client. This can be a great way to collect data on vital questions such as:
* Why did they select your firm?
* Who else were they interviewing?
* What do they like best or least about working with you?
* How can you improve?
* How fast was your response time to their initial request?
* How did they find you?
* Do they know of anyone else who could use your services?
* Important dates (birthdays, anniversaries, etc)
* Additional contact information
It's also a good idea to send out an additional client satisfaction survey when the case is completed. This allows you to gauge their overall satisfaction from start to finish once you have worked on the case.
Project the efforts you have put forth in order to satisfy the client. Give them regular updates on their case, even if it drags out over months or years. Keep the client in your mind at all times and let them know you are always working in their best interests. This shows you care and gives them a reason to appreciate your consistent efforts. Even when nothing is happening with their case, maintain regular contact with your client.
A very important attorney marketing plan is to ensure the client not only sees results, but knows how hard you have worked to obtain those results. Show your client all of the hard work you have put into their case. Even the smallest details or easiest motions you have put forth demonstrate that you care about your client. Show them that you have worked for them to the best of your abilities and did everything you could to serve them well.
If you want to keep your clients happy, begin using these simple law firm marketing strategies now. There are law firm marketing services available to assist you in putting these strategies to use in the most productive ways possible. Contact them and get it right. Don't bleed that last vein dry without a winning plan to make it worth your efforts.
About the Author
Stephen Fairley is CEO of The Rainmaker Institute is the nation's largest law firm marketing company that specializes in helping small law firms generate more and better referrals and create a 7 figure law practice. Over 6,000 attorneys have benefited from our proven Rainmaker Marketing System. Attorneys: claim your FREE legal marketing CD '7 Keys to a 7 Figure Law Practice' at www.toplawfirmmarketingtips.com
Top 36 Job Interview Questions and Answers 2010
Would anyone mind editing an employment law case study for me?
I have an MBA in HR Law. Be happy to help. Message me through Answers.
Jobcentre Plus & Self-Employment: Case Studies
[affmage source="amazon" results="5"]employment law case studies[/affmage]
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My case is scheduled for a hearing for a human rights matter but 1st I have a conference date.?
I have already met with the Human Rights Div. regarding my employment/civil rights case. Who found probable cause and sent this case on for what I thought was a trial but instead I see it is for a hearing. Prior to the hearing they have scheduled a conference with an administrative Law Judge. What can I expect? Do I have to have an attorney ? If so since I am unemployed how do I get an attorney?
You can get an attorney to take this case on a contingency fee basis, which means the lawyer gets paid from the recovery. The conference is probably a settlement or scheduling conference. Did it say what type of conference? If it's a scheduling conference, the judge will just set deadlines for various pretrial procedures. If its a settlement conference, a hearing office will try to mediate the case to see if trial can be avoided. It would be wise to have a lawyer, but you could go to the conference without one and after you discover what the conference is about, ask for a continuance to obtain an attorney. Ask everyone you know to recommend a good attorney. Even if you find an attorney that doesn't practice this area of law, he/she can give you a referral. If you've already won the probable cause hearing, it should not be difficult to find a lawyer to pick up the rest of the case. You're likely to get a higher settlement if you have counsel. The best lawyers do not advertise. You find the best attorneys from referrals.
Termination Conference - Super Supervisor Series
Do Dems Read the Wall Street Journal to Learn About Socialism's Faults or Is that Against the Law?
"....growing discontent among youths in many European countries over outdated education systems, lack of jobs and a general apprehension about the future."
"...German media have dubbed such economically insecure young people "Generation Intern."
"...to protest their discontent with the government's higher-education and employment policies."
http://sec.online.wsj.com/article/SB122895550635596477.html
Does this support how Dems imply socialism is nirvana?
No, it's against DNC rules to be open minded like that.
But, it's funny how their replies are based upon insults and saying you made stuff up even though you have sources.
Informing Public Policy
[affmage source="amazon" results="5"]employment law policy[/affmage]
The latest on a second unemployment extension? Is there more?
Unemployment Extension
Monday November 17, 2008
November 17 Update: The National Employment Law Project is asking for assistance in getting the Senate to pass an unemployment extension. They suggest calling 1-800-473-6711, asking to speak with your Senators’ offices, and telling them that unemployment is a national crisis and that you need them to pass the Unemployment Compensation Extension Act of 2008.
I am sorry this answer is coming so late. There has been an extension passed and President Bush signed it this morning. So it is supposed to start very soon. This is the link to find out more info..... I am soooo glad mine ended over a month ago and I haven't found a job yet.
http://www.msnbc.msn.com/id/27821595/
GOOD LUCK!!!!!!
Some Wis. Residents Could Lose Unemployment Benefits
[mage lang="" source="flickr"]texas employment law for employees[/mage]
As with any state, if you intend carrying out a background check Texas has its own state laws on what is required. Most of these, however, refer to when checks must be carried out, such as the requirement of the University of Texas Health Science Center that all new students should be subject to a criminal background screening before being admitted.
Texas is also very strong on screening of day care employees, and rightly so. The costs of bad or negligent hiring can be very high for a local authority as it can be for a private company. In fact a serious negligent hiring lawsuit can destroy a small company, which is why background screening is so important these days. By carrying out the task properly you can reduce hiring problems within your company, and reduce risks to your staff and your company.
In Texas, as in most other states, the candidates themselves have certain rights. You must notify any potential employee of the fact that they will be subject to such employment screening checks, and must also respect the rights to privacy of the potential employees. Additional to that, if you intend having the background checks carried out by a third party, then in Texas, as anywhere else in the USA, you are obliged to receive signed permission from the person involved before you can do so. This is not necessary if you carry out the checks yourself, either personally or through another employee within your company.
Employment background checks are essential since many applicants falsify the information provided in their application forms, and what you decide to verify will depend to an extent on the type of work to be done. Your main obligation is to make sure that the prospective employee is qualified to work in the USA, but you have to make sure that he or she does not have a propensity to inflict violence on others. You will have other checks to carry out depending on the job on offer.
The criminal background check is necessary as protection for your existing employees, and if you fail to do this and an employee is assaulted, then you will be found negligent. You are responsible even if your employee is working out of the plant. Just a short while ago the Texas Supreme Court found cleaner company Kirby negligent for failing to carry out an adequate screening of an independent contractor who raped a woman in her home while demonstrating a vacuum cleaner. It cost them $160,000. Could your business afford this?
If you are employing an accountant you will likely want to carry out an additional credit check, and other common background checks Texas employers carry out are employment history, to find if there are any gaps that have not been volunteered in the résumé, and history of residence. Some people claim to have been living out of state to cover up periods in penal institutions. You could also check out court records, though this is not easy to do out of state without actually traveling to the court. Without that, it can sometimes be difficult to thoroughly check out someone’s criminal records since there is no national criminal database that can be accessed by embers of the public.
Even Texas state records are only as good as those counties that send details in. Frequently it is only by checking out court records that you can find out if anybody has actually been in prison or not. Some courts have electronic systems available for carrying out such searches, but with others you have to thumb through the paper records to find what you are looking for. Some courts will post the results to you while others insist on you picking them up personally.
In such cases it is generally more convenient to employ professionals to do the job. The professionals know all the legal obligations that have to be observed, both from your point of view and from that of the subject. Small businesses, however, often cannot afford to hire a professional investigator to carry out the screening and will have to do it themselves.
You are not expected to investigate every possible aspect of a job applicant’s life history, but you are expected to carry out the basic background checks that would throw up facts about their criminal history, or whether or not they have lied about their past work experience or even residential history. If you are employing someone in a day care or child care center then you have a legal obligation to do so. Texas law demands it.
If an incident occurs, and you are unable to demonstrate that you had carried out reasonable pre-employment screening or the proper background checks Texas employers are expected to carry out, then you are likely to be found liable for the results of negligent hiring. The penalties are commensurate with the crime carried out by the employee, but can include fines of many hundreds of thousands of dollars.
About the Author
Advanced Research http://www.arsbackgrounds.com is made up of a team of experts in HR, Risk Management and Legal Investigations. We provide a free consultation to assist you in mitigating your potential hiring risks.
Managing Employees During Economic Recovery (1 of 5)
Cell Phone
Mobile phones are not the latest version of communication technology but it is still common, and people are like using them. But as the other technical equipment there is a possibility to heck it: steal data, start phone calls and write SMS. Also download viruses. Companies are on the way to create relatively secure operating systems but trickery and social engineering continue to manipulate people. For example, cyber criminals disguise files to make them look like interesting freeware. Bluetooth users may find themselves asked: "Would you like to install this program now?" When they click "no," the question persists. The reason why people get infected: because they repeatedly click 'no' and obviously 'no' doesn't work and so they click 'yes' and they get infected. How you can prevent? Just walk away if you meet the question and then go into your Bluetooth settings and disable Bluetooth completely or make it hidden for all other devices.
At the same time there are users who ignore the security warnings and therefore they install malware to their phones. Also it is possible that some problems may be caused by unclear instructions on the users interface. Phone user’s ignorance is the biggest reason of having problems with their phones.
www.infosecuritylab.com
Data Protection
Nowadays our personal details are known to a number of people and that number is increasing by time. The reason is: we use computers as a storage, the whole world is in computers. Our personal data are at the authorities, at bank, at school, at police stations and at working place. The data protection is very important in these cases. These information are not allowed to use illegally. If yes, it is against the law and the offender should be punished. Employers and authorities should have a limit of using those information as well.
For example an employer can monitor its staff whether they activity is legal because the employer is responsible for the acts and the omissions. Although monitoring must be for a specific purpose and not involve the retention of more data than is appropriate. As for the authorities: there is a regulation which empowers "designated persons" to demand communications data from network or postal operators. This fundamental aim is to obtain data which may assist to stop organised crime. Communications data is also known as "traffic data":
1. senders and addressees of emails
2. file size of emails and attachments
3. times and duration of phone calls
4. location data on mobile phone users
5. URL's of websites visited
6. newsgroups accessed; and
7. phone no.'s sending and receiving faxes.
www.infosecuritylab.com
Deploy Anti-virus Program
Keeping safe computers of our enterprise from viruses is not as simple as installing an anti-virus program anymore. Viruses have become much more complex and it is able to enter to our network from many vectors. It can come from infected home computers or email which containing malware or from users who surfing inappropriate web sites.
If we deploy anti-virus program to our computer we must be sure that the software/hardware and the processes will ensure its effectiveness. And we should keep updating the anti-virus program
www.infosecuritylab.com
About the Author
No2ID Protests at London ID Launch
[mage lang="" source="flickr"]employment law office miami[/mage]
There are many people who dream of becoming crime scene investigators (CSI). Who can blame them? This job can be fun. If you don't believe me, just watch the television show, CSI: Miami.
But reality can be different. The role played by crime scene investigators on TV can be different from real life. This is why some things need to be set straight about the CSI career. This article will address the 3 things all aspiring crime scene investigators must know before they become one.
1.Those aspiring to be crime scene investigators must know that not all law enforcement agencies will hire a civilian CSI. There are various reasons for this.
One of the reasons is that the agency may not be big enough to dedicate a person to doing this job. So what these types of agencies do is have a police officer to play the role of CSI. This way, the officer can be doing other things when he or she is not collecting crime scene evidence.
Another reason is that the budget is just not there to support the position of a CSI. Like everything else in life, money is also an issue for law enforcement agencies. They have budgets and limited resources they have to live under. What these law enforcement agencies do when there is a crime is request for the help of a CSI from other friendly law enforcement agencies. This way, they save the cost of having a CSI on staff.
2.A CSI must be available to work 24/7. Crime has no appointed time. It can happen any minute or hour of the day. It does not know the weekend.
So, somebody who wants to work as a CSI must avail themselves at all times. You may be called in the middle of dinner or in the middle of your kid's birthday party. You have to be ready and willing to pick up and go to the crime scene.
3.In the past, most crime scene investigators were trained in-house by law enforcement agencies. Thanks to television, this is changing. You now have colleges offering CSI education. You can get anywhere from certificate to masters degree in crime scene investigation.
But keep in mind that all the education will not replace the additional training you will receive by the law enforcement agency that employs you. There is nothing like real life training and guidance from real life CSIs. But the education you get from college will definitely give you an advantage, both in getting the job and performance after you get the job.
I have covered the 3 things I believe you should know before becoming a crime scene investigator. There are of course other things you have to know. Covering every little thing is beyond what I can cover in a short article like this. I encourage you to continue to expand your knowledge if you aspire to become a CSI.
Note: You are free to reprint or republish this article. The only condition is that the Resource Box should be included and the links are live links.
About the Author
Copywrite Kenneth Echie. Kenneth is a writer for
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