Women And The Spartan Women - 1730 Words

Throughout ancient human history, men and women held vastly different roles. Women were often given the duty of bearing and raising children, whereas men were expected to fight, provide an income, and protect the household. Women were seen as totally inferior to men and described by Euripedes as â€Å"a curse to mankind† and â€Å"a plague worse than fire or any viper.† However, this misogynistic view of women and designated role of inferiority was not apparent in every ancient civilization. The role of the female in ancient Greek history can best be explored and contrasted between two important civilizations: The Spartans and the Athenians. The Spartan women were incredibly advanced for their time, and the Athenian women were drastically far behind. Both the Spartan and Athenian women held roles at home and lived lives far removed from the men of their societies. However, their lives were much different. While the Spartan women were strong and educated, the Athenian women held a status almost equal to slavery. The Spartan women were far more advanced than Athenians in aspects of life including education, athleticism, and independence. In no other city-state did women enjoy the same freedom and status as Spartan women. As a military-driven society, the Spartans realized that â€Å"regardless of gender all Spartiates had an obligation to serve the militaristic end of Sparta.† With this focus in mind, women were allowed more freedom, rights, and independence. Spartan women wereShow MoreRelatedThe Athenian And Spartan Women894 Words   |  4 Pageswoman in Athens and Sparta but also comparing them to women today, along with Greece lifestyles between the men and women. Although, women back then had different task they had similar duties as women do today. With that being said the women had complex duties as well and not just the men. The roles between the Athenian and Spartan woman were different. After looking at multiple article and reports I’ve come to a conclusion that the Spartan women were treated better. A big reason for that would beRead MoreThe Life Of Spartan Women2027 Words   |  9 PagesThe lives of Spartan women were unusual in the sense that they were very different from those of other Greek women. In Athens, for instance, women were confined to the domicile and wore clothing that covered and hid their form. In Sparta, this was not the case at all. Sparta enjoyed communal ownership of property and all things, in essence, belonged to the State—men, women, children and goods. Thus, all were equal (or nearly so) before the State’s needs and women had more freedom to move aboutRead MoreSpartan Women vs Athenian Women2261 Words   |  10 Pagesmilitary dictatorships are modeled on Sparta. However, history shows us that women had much more liberty in Sparta than in Athens. In f act, the democracy of Athens was available only to free men who were citizens of Athens. Moreover, to claim citizenship, an Athenian had to prove that both his parents were astoi. For the father, being astos meant that he was an Athenian citizen, but the mother could not be a citizen. Women were never citizens, but only able to transmit the rights of citizenship toRead MoreThe Rise Of The Spartan Empire And Its Women1602 Words   |  7 PagesRise of the Spartan Empire and Its Women A Spartan mother handed her son his shield as he prepared to march off to battle. She said, â€Å"Come back with this or on it.† Beginning around 490 BC when civilization was ruled largely by men; every man was proven their preeminence within their society based highly on their woman. As stated in the book, â€Å"Warrior Ethos,† Leonidas picked the men he did not for their â€Å"warrior prowess† but he instead picked them for the courage of their women. Women in the SpartanRead MoreAthenian Vs. Spartan Women2260 Words   |  10 PagesDespite Athenian and Spartans being associates of the same influential nation, these two states or ‘Peloi’ and denominations of people in Ancient Greece in (400BC) were substantially different. The women in their own distinct societies endured several problematic issues and experienced inequity, demoralisation and condemnation. The notion of women and their purpose was typically conjectured by men in society, specifically Aristotle who claimed that women brought ‘disorder, were evil, were utterlyRead MoreLife in Ancient Greece: Spartan Men and W omen1673 Words   |  7 PagesLife in Ancient Greece: Spartan men and women Bernice Gelin Professor Shepardson November 18, 2008 World History The ancient city of Sparta has had a lasting impression on the world today. Sparta was a model of discipline, conformity, militarism, and virtue. It was a prominent city state, but its society was unique from typical life in Greece. Sparta was a military state, believing in having only the strong and not the weak to maintain theRead MoreSpartan Women During The Era Of The Golden Age And Late Of Classical Age Of Ancient Greece1421 Words   |  6 PagesClassical age of Ancient Greece, from the years 520-321 BC womens roles were significantly different between the two mainly Greek city state Athens and Sparta. These roles that the women presented had huge differences in a way women were portrayed in their societies. Both cities were very different in many ways, the females were raised very differently, and had different duties they had to perform. For example if you commit adultery by Spartan women it was considered tolerated and encourage in their societyRead MoreThe Women Of Ancient Sparta And Athens1310 Words   |  6 Pagesbeen noted that very little rights were given to women during ancient times. Women have always had to fight for some kind of rights such as the right to vote, serve in the armed forces and for equal pay to name a few. This was no different for the women of ancient Sparta and Athens. During this time, the rights of women were different depending on where they lived. Although these two city-states were close in proximity but the rights of the women of Sparta and Athens were not the same. This paperRead MoreWomen Of Ancient Greek Vs. Athenian Women892 Words   |  4 PagesWomen in Ancient Greece Differences Ancient Greece is a country that houses two of the most infamous societies in the world known as the Spartans and the Athenians. Women of ancient Sparta were known as strong minded women who enjoyed more freedom than Athenian women. Although Spartan women were to a certain extent dependent on men, they had some influence in men’s politics, which poses the question: in what form did they influenced the decisions made by Greek men? Much like Spartan women, theRead MoreThe Birthplace Of Democracy : Ancient Greece1129 Words   |  5 Pagesalways had issues. Sparta and Athens are very different from the way they are administered as well as their practices. Athenians were the most scholarly types while the Spartans were more of the military type. Due to the fact that Sparta had a very military lifestyle, they were good at raising strong outspoken women in a society where women were kept at home. Sparta is located near the river of Evrotas in southern Greece. Citizenship in Sparta was based on land ownership. These citizens participated

Professional Misconduct Among Lawyers - Free Essay Example

Sample details Pages: 11 Words: 3394 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? TITLE: REVIEW ON CASES OF PROFESSIONAL MISCONDUCT AMONG LAWYERS TOPIC: REVIEW ON CASES OF PROFESSIONAL MISCONDUCT AMONG LAWYERS. Introduction and Nature of Misconduct The field of law has numerous subdivisions of profession to be involved into. This includes conveyancer, barrister, solicitor, lawyer, public prosecutor, public defender, judicial commissioner, and judges. As all know, a career in the legal profession can be intellectually challenging, personally fulfilling and financially rewarding. The role of the lawyer varies significantly across legal jurisdictions. An important aspect of a lawyers job is developing and managing relationships with clients. The client-lawyer relationship often begins with an intake interview where the lawyer gets to know the client personally, discovers the facts of the clients case, clarifies what the client wants to accomplish, and shapes the clients expectations as to what actually can be accomplished, begins to develop various claims or defences, and explains her or his fees to the client.[1] However, this profession has its own adversity. It is duly acknowledge that a lawyer has a duty of care toward s their client. The breakdown of the fiduciary obligation will leads to misconduct in part of the lawyer. Misconduct can be defined as a dereliction of duty, which is unlawful or improper behaviour[2]. It also means no more than incorrect or erroneous conduct of any kind of a serious nature, and does not necessarily connote moral censure[3]. In legal terms, misconduct is wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of ones acts.[4] There are some other famous words which also have been used to describe the same meaning of misconduct i.e. negligence, misbehaviour, wrongdoing, and malpractice. Don’t waste time! Our writers will create an original "Professional Misconduct Among Lawyers" essay for you Create order Professional Misconduct General Overview Despite of the promising handsome wedges in return, a lawyer has a fiduciary duty and obligation to his client. The failure to oblige with the duty will amount to breach of duty or legally known as a professional misconduct. In general, professional misconduct can be well-defined as a behaviour considered by the governing body of a profession to be unworthy of member of that profession. This may lead to removal from a professional register[5]. Other than that, it is also known as professional malpractice. It is an instance of negligence or incompetence on the part of a professional. A legal malpractice is a lawyerà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to render professional services with the skill, prudence and diligence that an ordinary and reasonable lawyer would use under similar circumstances[6]. Professional misconduct was described in Re A Solicitor, ex p Law Society[7] as conduct which would reasonably be regarded as disgraceful and dishonourable by solicitors of good repute a nd competency. In other case of Myers v Elman[8] Lord Wright opined professional misconduct can be regarded as an act of gross neglect or inaccuracy and failure on the part of a solicitor to realize his duty to aid in promoting in his own sphere the course of justice. Misconduct among lawyers encompasses variety of issues related to unethical or illegal conduct by a lawyer. Misconduct of lawyers may include conflict of interest, over billing, refusing to represent a client for political or professional motives, false or misleading statements, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while neglecting to disclose prior law which might counter the argument, and in some instances having sex with a client.[9] In addition, lawyers are beneficiaries of the privilege of the practice of law and subject to higher duties and responsibilities than non-lawyers. A lawyers fiduciary duties arise from his status as a member of the legal profession and expressed in the applicable rules of professional conduct. The idea of professional misconduct commonly related to the act of negligence in some particular profession such as lawyer. Furthermore, a lawyerà ¢Ã¢â€š ¬Ã¢â€ž ¢s profession is accompanied with statutes which govern the practice of law through its establishment of rules of conduct. These rules are then adopted, sometimes in a modified form, by state courts and enforced by court-appointed disciplinary committees or bar council which the implementation varies by country. Beforehand, there are some elements that need to be fulfilled in order to prove an act of negligence. Mere mistake by a lawyer not easily fall within the definition of negligence. To prove negligence occurred in part of the lawyer, there must be a duty of care owed to the plaintiff which is breached such that damage results.[10] A general theory of negligence liability was laid down there in the landmark case of Donoghue v Stevenson[1 1] namely, à ¢Ã¢â€š ¬Ã…“I owe a duty of care to my neighbour and my neighbour is he whom I can reasonably foresee could suffer injury or damage by my actà ¢Ã¢â€š ¬Ã‚ . The principle in Donoghueà ¢Ã¢â€š ¬Ã¢â€ž ¢s case had been further clarified by Lord Wilberforceà ¢Ã¢â€š ¬Ã¢â€ž ¢s judgement in Anns v Merton LBC[12] that the principle had to be applied in two stages. The first stage was the determination of whether there was reasonable foreseeability of injury. The second stage was the determination of whether there were any considerations that ought to negative or reduce or limit the scope of the duty or the class of persons to whom it was owed or damages in respect of which recovery was possible.[13] Later, the decision in Annsà ¢Ã¢â€š ¬Ã¢â€ž ¢s case was reconsidered and overruled in Murphy v Brentwood District Council[14] where in that case there was certainly foreseeability of loss in part of plaintiff but proximity was absent. The issue of negligence liability in p art of the lawyer may arise usually when there is deficiency in execution of work for example, if he or she fails to provide competent representation to a client, to act with diligence and promptness regarding a clients legal concerns, or to keep a client informed of legal proceedings. Malaysian View In Malaysia, the legal profession is a fused profession. There is no distinction between the duties of a barrister and that of a solicitor, although in practice it is not uncommon to find certain practitioners merely indulge in solicitors work and some others undertaking solely litigation work. Yet, it does not mean that those undertaking litigation work are immune from negligence suit like in England before.[15] Under Malaysian law, misconduct is committed by an advocate and solicitor if a particular act or omission falls within Section 94 (3) (a) à ¢Ã¢â€š ¬Ã¢â‚¬Å" (o) of the Legal Profession Act (LPA) 1976. As can be seen in the particular section, the word à ¢Ã¢â€š ¬Ã…“includesà ¢Ã¢â€š ¬Ã‚  referring to the examples given are not thoroughly cover all possible misconduct that an advocate and solicitor may commit during the discharge of his professional duties. These are some examples of misconduct provided under the Act are as follows:- Conviction of criminal offence Breach of duty to a court including breach of an undertaking Dishonest and fraudulent conduct whilst in the discharge of duties Breach of the rules of practice and etiquette of the profession Being adjudicated a bankrupt and also contravening Section 33 of the Bankruptcy Act 1976 Giving gratification to any person for having procured a legal business Directly or indirectly procuring or attempting to procure legal business Accepting employment in any legal business through a tout Allowing an unauthorized person to carry on legal business Carrying on any business which is incompatible with the legal profession Breach of any provision of the LPA 1976 or any rules made thereunder Disbarment, striking off, suspension or censure of an advocate and solicitor in the capacity of a legal practitioner in any other country Charging grossly excessive legal fees Gross disregard of clientà ¢Ã¢â€š ¬Ã¢â€ž ¢s interest Being guilty of any conduct which is unbefitting of an advocate and solicitor Section 117(4) of LPA 1976 further states that any provision in the agreement which states that the advocate and solicitor shall not be liable for negligence or that he shall be relieved from any responsibility to which he would otherwise be subject as an advocate and solicitor, shall be wholly void. It is therefore submitted that there is a contractual relationship between an advocate and solicitor and a client. The contractual relationship requires the advocate and solicitor to carry out the duties entrusted upon him with due care and skill. Any shortcomings on the part of an advocate and solicitor in doing so would necessarily allow a client to commence a suit in negligence against the said advocate and solicitor.[16] Then it would be up to the court to decide that the said advocate and solicitor was in fact committing negligence. The effect on professional misconduct was provided in Section 94 of LPA 1976 where any advocate and solicitor who have been guilty of any miscon duct shall be liable to be struck off the Roll or suspended from practice for any period not exceeding five years. In Re An Advocate v Solicitor[17], the court recorded a censure and ordered the respondent to pay costs as the solicitor had prepared an affidavit that is untrue, and that is known to him to be untrue. The court held that this to be a very serious offence. In some cases of his kind the appropriate penalty would be either to strike off the offender (if it was a very bad case) or to suspend him for a period of time.[18] Cases on Professional Misconduct Among Lawyers Section 94 (3) (b) of LPA 1976 provides that all attorneys and solicitors are subject to disciplinary actions if guilty of any misconduct breach of duty to a court including any failure by him to comply with an undertaking given to a court. In Home Office v Harman[19], a long term prisoner brought an action against the Home Office on the allegation that his detention was unlawful as he was kept in an experimental control unit isolated from the rest of the prison system. The prisoner was represented by a solicitor who had obtained documents in relation to setting up the prison by way of discovery. The solicitor had given an express undertaking that the document will not be used for any other purpose other than the case at hand. However, in breach of this express undertaking, the solicitor had allowed the journalist to have access to the said documents which resulted in the publication of a highly critical article about the Home Office. The Home Ministry then brought an action bef ore the court. The House of Lords held that Harman was found guilty. Section 94 (3) (d) of LPA 1976 provides that all attorneys and solicitors are subject to disciplinary actions if guilty of any misconduct of breach of any rule of practice and etiquette of the profession made by the Bar Council under the Act or otherwise. In Lim Soh Wah Anor v Wong Sin Chong Anor[20] the Court of Appeal had occasion to consider the consequences of an advocate and solicitor failing to be present in court on the trial date and also failing to inform the client of the trial date. The Court of Appeal in holding the advocate and solicitor liable in negligence held that it is a fundamental duty of a solicitor to diaries the cases and keep the clients informed of dates and prepare the case with the client. In Saif Ali v Sydney Mitchell Co[21], the plaintiff who was a passenger in a van was injured in a collision with a car driven by Mrs S. He was advised by a barrister to sue Mr S but it turne d out that Mr S might be the wrong party to sue since he was not the one who drove at the time accident occurred. Counsel advised that no amendment of the pleading was necessary and later when the action against Mr S was dropped, it was too late to sue Mrs S. In holding the barrister liable for negligence, the House of Lords was impressed by the fact that the barristerà ¢Ã¢â€š ¬Ã¢â€ž ¢s negligence was the failure to advise that Mrs S should be joined as defendants. In other case of Neogh Soo Oh v Rethinasamy[22], the court held that a solicitor who did not conduct a land search failed to inform the client that the land which he wished to purchase has already been gazetted for compulsory acquisition. The court held that the solicitor is liable for negligence for breach of duty of care. In an illuminating judgment, his Lordship Gunn Chit Tuan J (as he then was) held that the defendant had failed in his duty to use reasonable care and skill in giving his advice and taking such acti on as the facts of this particular case demanded of a normally competent and careful practitioner. Section 94 (3) (i) of LPA 1976 provides that all attorneys and solicitors are subject to disciplinary actions if guilty of any misconduct allowing any unauthorized person to carry on legal business in his name without his direct and immediate control as principal or without proper supervision which makes him unfit to be a member of his profession. In Myers v Elman[23] illustrates the example of allowing an unauthorized person to carry on legal business of a lawyer. In this case, the respondent was a solicitor on record to one of the defendants. At the close of the case, the plaintiff made an application that the respondent should be ordered to pay the costs of the action on the ground that he had been guilty of unprofessional conduct. It was proved that the respondent had left the conduct of the case in the hands of his managing clerk, who was not a solicitor to prepare affidavit s. The House of Lords in finding the solicitor guilty of professional misconduct held that as a solicitor he could not escaped his responsibility to the court for the proper discharge of his duties to the court by delegating them to a managing clerk who was not personally amenable to the jurisdiction exercised by the court over solicitors as its officers. Lord Atkin further held that the court is not concerned with a breach of duty to the other litigant, but the breach of duty itself.[24] Some of reported cases show that advocates and solicitor may found guilty for misbehaviour and improper conduct in court which leads to the offence of contempt of court. In the case of Re Kumaraendran, An Advocate Solicitor[25], the counsel was defending an accused person charged with an offence under the Corrosive and Explosive Substances and Offensive Weapons Ordinance 1958. The defence counsel was shouting at the witness and had failed to conduct the case with decorum and proper manner. T he learned President, Low Hop Bing recorded the defence counselà ¢Ã¢â€š ¬Ã¢â€ž ¢s disorderly behaviour. The defence counsel later made an application to court for the matter to be heard by another judge. The court then ruled that the advocate had committed contempt of court and committed the advocate to two days imprisonment. Another case of Re TT Rajah; The Law Society of Singapore v Tampoe T Rajah[26], the respondent an advocate and solicitor used grossly offensive and improper expressions and threatening gestures to the defence counsel. The respondent had called the DPP, a government agent, a running dog and the court à ¢Ã¢â€š ¬Ã¢â‚¬Å" a police court, an organ of power. The Attorney General then complained to the President of the Law Society who then instituted disciplinary proceedings. The Disciplinary Committee found the respondentà ¢Ã¢â€š ¬Ã¢â€ž ¢s conduct in court to be professional misconduct and ordered that he be suspended from practice for two years. On appeal to th e court, his Lordship Wee Chong Jin CJ upheld the decision of the Disciplinary Committee. Immunity against Civil Suit Notwithstanding of the cases given, the existence of immunity to advocate and solicitor from negligence liability is still an open question. In England, although a barristerà ¢Ã¢â€š ¬Ã¢â€ž ¢s immunity from negligence liability has a history of some 200 odd years; its precise formulation was of recent vintage and appeared in some cases.[27] In Rondel v Worsley[28], the appellant had been represented in a criminal assault charged by the respondent barrister on a dock brief. After his conviction, he brought a negligence suit against the respondent alleging that the respondent had been negligent in undertaking his defence, inter alia to reveal and prove that the victimà ¢Ã¢â€š ¬Ã¢â€ž ¢s wounds were not caused by a knife and the appellant was not in a the habit of using a knife. The allegation was negligence in failing to put certain questions to witnesses and failing to call certain witness. The House of Lords agreed with the Court of Appeal that no reasonable cause of action was disclosed affirming the rule that the barrister was immune from any negligence liability. Based in this case, there is rejection of the popular theory, which singling out of public policy in the administration of justice as the sole foundation of a barristerà ¢Ã¢â€š ¬Ã¢â€ž ¢ immunity. A first consideration was that a barristerà ¢Ã¢â€š ¬Ã¢â€ž ¢s duty to advance his clientà ¢Ã¢â€š ¬Ã¢â€ž ¢s interest must be subject to a higher duty to the court to assist. In the absence of any immunity would mean that a disgruntled client who has been successfully prosecuted in a criminal suit can raise the issue of his guilt again in a civil suit for negligence against his barrister. This would have the undesirable consequence of retrying the criminal action in a civil action where the burden of proof is very different.[29] Conclusion In the statements of Datuk Seri Dr Rais Yatim, Minister in the Prime Ministerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Department (as he then was), published in the newspapers on 30 June 2002, there are almost 400 complaints against lawyers was reported in Malaysia. With the membership of the Malaysian Bar growing at a fast rate (there are now about 10,300 lawyers on the Roll of Advocates and Solicitors), it is conceivable that instances of misconduct have correspondingly increased.[30] The Bar Council shall take a serious outlook of all complaints by the public about the misconduct of lawyers, and shall always taking steps to reduce the number of misbehaving lawyers. REFERENCES Paul J. Zwier. Anthony J. Bocchini. Fact Investigation: A Practical Guide to Interviewing, Counselling, and Case Theory Development. 2000. Louisville. National Institute for Trial Advocacy. L. B. Curzon. Dictionary of Law. 6ixth Edition. 2003. Malaysia. International Law Book Services. Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Journal. Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. Legal Profession Act (LPA) 1976. Re A Solicitor, ex p Law Society [1912] 1 KB 302. Myers v Elman [1939] 4 All ER 484, HL. Donoghue v Stevenson [1932] AC 562. Anns v Merton LBC [1978] AC 728. Murphy v Brentwood District Council [1991] 1 AC 398. Re An Advocate v Solicitor [1962] MLJ 125. Home Office v Harman [1986] 1 MLJ 299. Lim Soh Wah Anor v Wong Sin Chong Anor [2001] 2 AMR 2001. Saif Ali v Sydney Mitchell Co [1980] AC 198 Neogh Soo Oh v Rethinasamy [1984] 1 MLJ 126 Myers v Elman [1939] 4 All ER 484, HL Re Kumaraendran, An Advocate Solicitor [1975] 2 MLJ 45. The Law Society of Singapore v Tampoe T Rajah [1973] MLJ 79. Rondel v Worsley [1969] 1 AC 191 Misconduct of Lawyers. 2002. Malaysian Bar Council. R v Pharmaceutical Society ex p Sokoh (1986) The Times, 4 Disember 1986. Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary. Seventh Edition. https://en.wikipedia.org/wiki/Misconduct https://en.wikipedia.org/wiki/Attorney_misconduct [1] Paul J. Zwier. Anthony J. Bocchini. Fact Investigation: A Practical Guide to Interviewing, Counselling, and Case Theory Development. 2000. Louisville. National Institute for Trial Advocacy. [2] Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary. Seventh Edition. [3] Webster J in R v Pharmaceutical Society ex p Sokoh (1986) The Times, 4 Disember. [4] https://en.wikipedia.org/wiki/Misconduct [5] L. B. Curzon. Dictionary of Law. 6ixth Edition. 2003. Malaysia. International Law Book Services. [6] Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary. Seventh Edition. [7] [1912] 1 KB 302. [8] [1939] 4 All ER 484, HL. [9] https://en.wikipedia.org/wiki/Attorney_misconduct [10] Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Journal. [11] [1932] AC 562. [12] [1978] AC 728. [13] Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Jour nal. [14] [1991] 1 AC 398. [15] Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. [16] Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. [17] [1962] MLJ 125. [18] Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. [19] [1986] 1 MLJ 299 [20] [2001] 2 AMR 2001 [21] [1980] AC 198 [22] [1984] 1 MLJ 126 [23] [1939] 4 All ER 484, HL [24] Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. [25] [1975] 2 MLJ 45. [26] [1973] MLJ 79. [27] Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Journal. [28] [1969] 1 AC 191 [29] Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Journal. [30] Misconduc t of Lawyers. 2002. Malaysian Bar Council.

A Big Threat to Brokerage Firms Free Essays

These days, frauds and scams are observably rampant. In business, on the Internet, in the bank and any entity where money may be extracted. Brokerage firms and hedge funds never escaped this reality and these firms too are very susceptible to frauds and this fact is considered as a big threat upon the health of the financial market. We will write a custom essay sample on A Big Threat to Brokerage Firms or any similar topic only for you Order Now Hedge funds are currently among the most popular or hottest type of investment prospects in the stock market these days. This type of investment â€Å"have been very prominent in the financial news, attracting a lot of attention from investors, brokerage firms, the Securities and Exchange Commission or SEC† (Evans, Atkinson, and Cho 2005) Brokerage firms on the other hand have investment advisors and stockbrokers which are pack with information needed to be relayed to the investors. In this manner, if they are having plans to defraud and manipulate the information they have, which is a very unethical act, they actually can. The aforementioned hedge funds and brokerage are very susceptible to fraud caused by unsuitable investments. These unsuitable investments happen when the representative broker of the firm make misrepresentations of the investment to a customer or if this broker agent fall short in disclosing â€Å"to the customer all of the material facts about the investment† (Stoneman and Schulz) In short, this is a fraud, which, the common people also identify as a lie. Fraud is either lying or omitting something and according to the SEC, under Rule 10 (b) (5), employing any scheme, artifice or device defrauding someone or some entity constitute fraud or making untrue statements of material fact making the statement made, in light of the circumstances under which they were made, not misleading is another way to defraud. Moreover, engaging in any act, practice or course of business which operate or would operate as a fraud or deceit upon any person or entity in connection with any purchase or sale of any security. Even though wealthy investors in the hedge funds consider the occurrence of fraud to be insignificant, it is currently happening â€Å"too often to be ignored† (Guarding Against 2005) In fact for the past five years prior March 2005, there were already a total of fifty-one (51) fraudulent hedge fund cases with investor losses of approximately $ 5. 1 billion. One very popular type fraud in hedge funds was invented as early as 1919 called the Ponzi Scheme after Carlo Ponzi who first utilized this method. With this type fraud, the fund manager maintains the fiction that the fund is performing very well and is generating returns while it encourages new investor to invest and using their investments to pay off those earlier investors at a higher rate rather than investing the amount. On the side of the brokerage firms, they are the ones leaking the information to investors leading to fraud. In fact, the SEC alleged that brokerage firms recruited new investors for hedge funds from their clients (a technique known as â€Å"capital introductions. † (Evans, Atkinson, and Cho 2005) General fraudulent brokerage firm practices include stock marker manipulation to benefit a certain individual or entity; utilizing phony accounts in trading in the stock market; trading without the public’s information; doing trades that are unauthorized; refusing to customers’ sell orders; and falsifying firm’s records. Furthermore, more defined types of brokerage fraud (Brokerage Fraud, 2008) include (1) biased investment advice; (2) unfounded advice; (3) contradictory investment advice; (4) continuing a risk; and (5) conflict of interest. Each of these five portrays manipulation by the firm, taking its advantage as the advisor in influencing the decision of the customer in an unorthodox manner. As early as 2004 the SEC has been requiring brokerage firms to present relevant information stating the ways on how they help the hedge funds recruit new investors in order to prevent fraudulent fund raising. The SEC is also investigating selected cases to draw information from them and from which hedge funds might have used insider information to their ends and thereby gaining profit. This is especially true on initial public offerings (IPOs) This is according an article entitled Guarding Against Hedge Fund Fraud issue number 3 of the Trusting the Independent Financial Advisor Journal. The SEC advices the brokerage firm in order for them to stay within the rules and will not be penalized. This advice includes (1) fair dealing; (2) best execution; (3) customer confirmation rule; and (4) disclosure of credit terms. These general rules are embedded in the SEC’s Compliance Guide to the Registration and Regulation of Brokers and Dealers. Simply stated, the SEC and the American government in general do not want to have another Merrill Lynch, Salomon Smith Barney, Morgan Stanley or Bear Sterns deceiving the public. . Works Cited Evans, Thomas G. , Stan Atkinson, and Charles H. Cho. 2005. Hedge Fund Investing: Current Advice for Financial Advisers and Planners. Journal of Accountancy 199, no. 2: 52+. Morgenson, Gretchen. â€Å"Brokerage Firm Is Indicted In Fraud Case. † The New York Times, July 9, 1999, from http://query. nytimes. com/gst/fullpage. html? res=9E02E2D8143CF93AA35754C0A96F958260. National Legal News â€Å"Brokerage Fraud. † 2008 from http://www. lawyershop. com/news/practice-areas/criminal-law/white-collar-crimes/securities-fraud/brokerage-fraud/. Stoneman, Tracy P. and Douglas J. Schulz. 2002. California: Kaplan Business Publishers The Securities and Exchange Commission. â€Å"Litigation Briefs. †2008 from . http://www. sec. gov/litigation/briefs/homestore_020405. pdf. Trusting the Independent Financial Advisor Journal. â€Å"Guarding Against Hedge Fund Fraud† issue number 3. March 2005, Switzerland: Roland Ray. How to cite A Big Threat to Brokerage Firms, Papers

The Project Management Process Groups free essay sample

The Project Management Process Groups: A Case Study Learning Objectives o Describe the five project management (PM) process groups, the typical level of activity for each, and the interactions among them. o Understand how the project management process groups relate to the project management knowledge areas. o Discuss how organizations develop IT project management methodologies to meet their needs. Learning Objectives (Cont. ) o Review a case study of an organization applying the PM process groups to manage an IT project. Understand the contribution that effective project initiation, project planning, project execution, project monitoring and controlling, and project closing make to project success. Project Management Process Groups o A process is a series of actions directed toward a particular result. o Project management can be viewed as a number of interlinked processes. o The project management process groups include: n n n n n Initiating processes Planning processes Executing processes Monitoring and controlling processes Closing processes Level of Activity and Overlap of Process Groups Over Time Mapping the Process Groups to the Knowledge Areas o You can map the main activities of each PM process group into the nine knowledge areas by using the PMBOKÂ ® Guide 2004. We will write a custom essay sample on The Project Management Process Groups or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page o Note that there are activities from each knowledge area under the planning process group. o All initiating activities are part of the project integration management knowledge area. Relationships Among Process Groups and Knowledge Areas Relationships Among Process Groups and Knowledge Areas (Cont. ) Developing an IT Project Management Methodology o Just as projects are unique, so are approaches to project management.