Restatement

1613 words 7 pages
Show More
RST (3d) of the Law Governing Lawyers

§ 20 A Lawyer's Duty to Inform and Consult with a Client

(1) A lawyer must keep a client reasonably informed about the matter and must consult with a client to a reasonable extent concerning decisions to be made by the lawyer under §§ 21-23.
(2) A lawyer must promptly comply with a client's reasonable requests for information.
(3) A lawyer must notify a client of decisions to be made by the client under §§ 21-23 and must explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

§ 21 Allocating the Authority to Decide Between a Client and a Lawyer

As between client and lawyer:
(1) A client and lawyer may agree which …show more content…

(2) Subject to Subsection (5), a lawyer may not represent a client or, where representation has commenced, must withdraw from the representation of a client if:
(a) the representation will result in the lawyer's violating rules of professional conduct or other law;
(b) the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or
(c) the client discharges the lawyer.
(3) Subject to Subsections (4) and (5), a lawyer may withdraw from representing a client if:
(a) withdrawal can be accomplished without material adverse effect on the interests of the client;
(b) the lawyer reasonably believes withdrawal is required in circumstances stated in Subsection (2);
(c) the client gives informed consent;
(d) the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal, fraudulent, or in breach of the client's fiduciary duty;
(e) the lawyer reasonably believes the client has used or threatens to use the lawyer's services to perpetrate a crime or fraud;
(f) the client insists on taking action that the lawyer considers repugnant or imprudent;
(g) the client fails to fulfill a substantial financial or other obligation to the lawyer regarding the lawyer's services and the lawyer has given the client reasonable warning that the lawyer will

Related

  • Johnson Bank V. George Korbakes & Company, Llp
    906 words | 4 pages

    decision in this case? a. Ultramares doctrine b. Section 552 of the Restatement (Second) of Tort c. Foreseeability standard Before we can determine the doctrine used by the court, I would like to first dismiss the ones that do not apply. a. The court could not have used the Ultramares doctrine because GKCO was not in privity relationship with the bank or any other third parties. b. The use of Section 552 of the Restatement (Second) of Tort could have been the court’s only resort to make its….

    Show More
  • Evade Pays Up
    1374 words | 6 pages

    financial statements of a prior period discovered after the financial statements are issued or are available to be issued (as discussed in Section 855-10-25) shall be reported as an error correction, by restating the prior-period financial statements. Restatement requires all of the following: a. The cumulative effect of the error on periods prior to those presented shall be reflected in the carrying amounts of assets and liabilities as of the beginning of the first period presented. b. An offsetting adjustment….

    Show More
  • Ethics and Financial Reporting
    2991 words | 12 pages

    The same has been noticed for CFOs, who are held more accountable for their actions (Collins, Masli, Reitenga & Sanchez, 2009). After the passage of SOX, the labor market has also sanctioned CEOs and CFOs issued from firms who had undergone a restatements procedure, since it indicated a failure in their performance and in internal control (p. 1). Accountability measures have increased for both CEOS and CFOs under SOX (section 406), since it specifically names them responsible for the preparation….

    Show More
  • Koss Case
    9779 words | 40 pages

    ISSUES IN ACCOUNTING EDUCATION Vol. 26, No. 3 2011 pp. 547–568 American Accounting Association DOI: 10.2308/iace-50004 Koss Corporation Case: Trouble in Brew City Brian Daugherty and Daniel G. Neely ABSTRACT: This instructional case provides auditing students an opportunity to examine an interesting real-life embezzlement and financial statement fraud occurring at a publicly traded company in the post-Sarbanes-Oxley (SOX) era. The case focuses on independent auditors’ and senior management’s….

    Show More
  • Laurel Creek Health Care Center V. Bishop
    876 words | 4 pages

    Laurel Creek Health Care Center v. Bishop Court of Appeals of Kentucky,____S.W.3d___(2010) FACTS Gilbert Bishop was admitted to Laurel Creek Health Care Center on July 23, 2002, after arriving via ambulance without family present. During that examination, Gilbert communicated to Laurel Creek staff that he could not use his hands well enough to write or hold a pencil. Gilbert was otherwise found to be mentally competent. Gilbert’s sister, Rachel Combs, arrived after Gilbert, she offered to sign….

    Show More
  • Management Control
    1722 words | 7 pages

    Case 2 Case 2 is divided into two independent parts. You have to complete both parts.   Part 1: Case “Spice is right” (Hall, Chapter 4, Internal control case) (max 1-2 pages) Only point c (COSO), not a, b, and d. Part 2: Case “Vouch and Trace” (max 2-3 pages) Vouch and Trace You are a new accounting graduate and this is your first week on the job at the Los Angeles office of a CPA firm. You are still adapting to Los Angeles and to your new job in this fast-paced and exciting environment. Here….

    Show More
  • Persuasion Speech / Eating Local Ann Arbor
    1145 words | 5 pages

    J Anderson COM 101 Persuasive Speech – December 1, 2010 Introduction: Specific Purpose: To persuade our audience to buy and eat organic local meats and produce not only for their health and protection from chemically and genetically enhanced foods but also to sustain and help our local community and economy. Attention Grabber: Today….

    Show More
  • Waste Management Fraud
    1779 words | 8 pages

    the company’s current accounting practices which ultimately led to the restatement of the Company’s financial statements since 1992. After the statements had been restated, the company acknowledged that it had misstated earnings by about $1.7 billion. This led to Waste Management’s current shareholders to lose over $6 billion in market value for their investments. Stock price dropped by more than 33% because of the restatement. All of the top executives were fired and in the weeks and months after….

    Show More
  • Budgeting Can Be an Important Management Tool If Implemented Properly. Identify Several Positive Results When Budgets Are Used Properly. Since Budgets Affect People, Identify Several Negative Aspects If Budgets Are Not Implemented Properly.
    916 words | 4 pages

    Budgeting can be an important management tool if implemented properly. Identify several positive results when budgets are used properly. Since budgets affect people, identify several negative aspects if budgets are not implemented properly. (20marks) Identify several positive results when budgets are used properly. 1) Monetary Control To implement a budget, it enables us to know more about finances control. A budget that give us a full idea on the amount of money that coming in and going out….

    Show More
  • Multiple Sclerosis Informative Outline
    863 words | 4 pages

    for MS patients, as well. c. Transition into conclusion Conclusion 1. Summary/Review of main point: In conclusion, tonight I have gone over what MS is, what the symptoms are and how to diagnose it and what treatment is available. 2. Restatement of thesis: Multiple sclerosis brings daily challenges to whomever struggles with it, but with the right team of doctors and medication, it can be maintained. 3. Closing: Recently a very famous and much-loved Mouseketeer, Annette Funicello, died….

    Show More

Popular Essays