Premium Essay

Legal Counsel

In: Business and Management

Submitted By 35louise
Words 283
Pages 2
Legal Counsel - Good afternoon, We are going to discuss our legal stance on the matter of the environmental concerns that is related to the so called sonox found in the water stream in near Riverside. First to start with I think that it is very important to note that Kardell Paper Company has had roots in this community since 1985. Many of Kardell’s employees are fellow residents as well as employees, and they have extreme concerned about the recent medical problems that has been growing in our community. These medical problems have been said to consist of miscarriages and respiratory issues. With that said these cause of these problems has not yet been determined.
Legally speaking, Kardell Paper Company has always compliance with the provincial emission standards, and will continue to be in compliances. No agency has been able to conclude that Kardell Paper Company has or has not contributed to any sonox emissions into the water. Let us also be reminded of the fact that similar courses of action have been launched against other facilities, but all of the claims have been dismissed due to lack of conclusive evidence that the mills’ operations were the cause of any significant hazard in the area. We are concerned for the health and welfare of the residents of Riverside, and the Kardell Paper Company will do everything within their power to continue to comply with the current regulations of the industry. If it is determined that Kardell’s paper mill is solely responsible for the sonox issue, they should then take measure to eliminate, or at least minimize, the environmental hazards. In the meantime, however, we advise that Kardell continue to conduct business as…...

Similar Documents

Premium Essay

The Aspects of Right to Counsel

...very complex and without proper legal training, the average person would not fare well. Criminal attorneys are very under-appreciated, until they are needed (Aucoin, 2012). A trial without a prosecuting or defense attorney would be a mockery of justice. There is a balance in place in the criminal justice system, which exists because everybody plays their own role. The criminal justice system in America is an adversarial and accusatorial model, and criminal procedure is in place so the rights of the defendant and interests for the state’s prosecution are balanced (LexisNexis, 2012). There is a precedent structured behind the design of Americas system, and this structure is the rights of the defendant when he or she are accused. Each state has their own set of statutes that will govern the body of that state’s criminal codes. A defense attorney stands as an adversarial model that fights for justice by learning and interpreting the laws, presenting, and arguing their case, and protecting the rights of the defendant by trying to ultimately into persuading the court into ruling that the defendant be ‘not guilty’ (LexisNexis, 2012). The prosecution has to meet the ‘burden of proof’ to prove that the defendant is guilty of the charges that he or she is accused of by the state, or federal courts. The legal system can be very confusing so the law is best left to the lawyers when someone needs to fight for his or her rights in a court of law. The legal system in America is......

Words: 1171 - Pages: 5

Free Essay

Right to Counsel

...Right to Counsel Dimitria Jackson CJA/ 364 Criminal Procedures May 22, 2012 Michael Harrison Right to Counsel One of the most important rights awarded to the accused is the right to be represented by an attorney. Most individuals accused of a crime will most likely not have an adequate defense without the assistance of counsel. The development of the right to counsel in the twentieth century focused on the issue of whether the state had to pay for attorneys for individuals what are indigent or to poor to pay. Because of Powell v. Alabama, the Court found that in particular cases, state courts had to provide free counsel to criminal defendants. In addition, the right to counsel attaches at the initiation stage of the criminal proceedings. Separate from the Sixth Amendment right to counsel and prior to the initiation stage, an individual has a Fifth Amendment right to counsel during custodial interrogation as well. Zalman (2008) stated “Counsel is required at a pretrial proceeding if it is one in which factual determination can be made that could determine the outcome of the case and in which a lawyer plays a significant role” (p. 337).The adversarial nature of the trial process makes even routine cases dependant on trained, competent lawyers. A defendant without counsel is at an extreme disadvantage. Development of the Right to Counsel In the past, the right to counsel meant the right to retain counsel; that is, if the defendant could afford an attorney, he had......

Words: 1214 - Pages: 5

Premium Essay

Legal

...property that extends for the period of a person's life | | | B. | √ | | the most complete ownership in property that one can obtain | | | C. |   | | interest in a property for which a party to the transaction has paid a fee | | | D. |   | | interest in a property for which the leasehold estate is supported by consideration | | | | | | A fee simple estate is the highest form of ownership one can hold. It is complete ownership in its least limited form. There can be limitations on the use of the land as imposed by the government or by deed restrictions, and there can be encumbrances against the land, such as easements or real estate taxes. However, the owner still has complete ownership and all the legal rights that go with ownership of land in a fee simple estate. | | | | √ | 3. | A licensee plans to send out an e-mail offering his services. According to the CAN-SPAM Act, the licensee must | | | A. |   | | include only the brokerage firm's name in the "Reply-To" line. | | | B. |   | | e-mail individuals who have given prior permission to be e-mailed. | | | C. |   | | hire a company to market services. | | | D. | √ | | tell recipients how to opt out of receiving future e-mail. | | | | | | The CAN-SPAM Act establishes rules for commercial e-mail and the requirements for commercial messages, gives recipients the right to have the e-mail stopped, and spells out......

Words: 11695 - Pages: 47

Premium Essay

Victimized by the Court's Appointed Counsel

...Victimized By the Court's Appointed Counsel When working with a court appointed lawyer you need to research and follow up on guidelines that carry with your charge. You have to learn how the court system works. Lawyers that are hired by the court to represent the low and middle-income people are lazy in doing their job. There are many reasons why court appointed lawyers don't do their best for their clients involving the court cases. Pretrial court is usually within a week from the date that you committed the offense. Did you know that if you can't afford a lawyer, the court would appoint you one? It is the law that you have to be represented by a lawyer during the time of your trial unless you sign a waiver to not have a lawyer at all. People are represented in court by two kinds of lawyers, court-appointed lawyers and public defenders, which mean "hired lawyers" (Green, 2001). People that have higher income can hire their own lawyers. The lower and middle-income people are mainly the ones who rely on court appointed lawyers. These people don't have the money to hire a lawyer. Court appointed lawyers are not working in your best interest for many reasons. Salary is one reason why court appointed lawyers don't go up and beyond their call of duty for their clients. Studies show on an average, people will be sentenced harder or longer if he/she is represented by a court-appointed lawyer rather than a public defender (Green, 2001). Court-appointed lawyers are paid......

Words: 1366 - Pages: 6

Premium Essay

Legal Ethic

...Must associate with local counsel ii. When a lawyer is reasonably anticipating admission pro hac vice iii. What about trans. lawyers? It’s okay as long as they associate w/ local counsel, and the local counsel is actively involved in the representation. 1. Litigation-Related Leis v. Flynt - Flynt defending a suit in Ohio, wants attorneys from NY to defend him. Lawyers claim that under procedural due process, they have a right, as out of state lawyers, to appear pro hac vice in foreign court. Rule: There is no rule, statute or constitutional right to pro hac vice, so if the trial court doesn’t give it, it’s not warranted. ▪ Ct held they could recover fees for any work done in state where they were licensed. ▪ Whether k is illegal depends if suit was brought in NY or OH → b/c NY, it was illegal. ▪ However, in a criminal case, if ( himself pursued it, there might be a 6th amendment right of counsel leading to a different result. 2. Non-litigation multijurisdictional law practice - When a person engages in the unauthorized practice of law, civil and sometimes criminal penalties attach. ▪ Activities that amount to the practice of law: 1. Court appearance 2. Legal advice & counsel → definitely improper if done by a fee or w/ doc. drafting. 3. Sale of do-it-yourself forms - okay only if not accompanied by advice on legal matters. ......

Words: 17547 - Pages: 71

Premium Essay

Legal Ethics

... G.R. No. 100113 September 3, 1991 RENATO CAYETANO, petitioner, vs. CHRISTIAN MONSOD, HON. JOVITO R. SALONGA, COMMISSION ON APPOINTMENT, and HON. GUILLERMO CARAGUE, in his capacity as Secretary of Budget and Management, respondents. Renato L. Cayetano for and in his own behalf. Sabina E. Acut, Jr. and Mylene Garcia-Albano co-counsel for petitioner. PARAS, J.:p We are faced here with a controversy of far-reaching proportions. While ostensibly only legal issues are involved, the Court's decision in this case would indubitably have a profound effect on the political aspect of our national existence. The 1987 Constitution provides in Section 1 (1), Article IX-C: There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding -elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. (Emphasis supplied) The aforequoted provision is patterned after Section l(l), Article XII-C of the 1973 Constitution which similarly provides: There shall be an independent Commission on Elections composed of a Chairman and eight Commissioners who shall be natural-born citizens of the Philippines and, at the time of......

Words: 13324 - Pages: 54

Premium Essay

Counsel

...University of Phoenix Material Right to Counsel Determining the right to counsel depends on the circumstances of a case. For this assignment, you have three options to choose from to demonstrate what you have learned about the right to counsel. Select and complete one of the following assignments: Option 1: Right to Counsel Presentation Option 2: Right to Counsel Attorney Interview Option 3: Right to Counsel Article Option 1: Right to Counsel Presentation Analyze two cases involving right to counsel and document your observations in a 7- to 10-slide Microsoft® PowerPoint® presentation with detailed speaker notes. Use complete sentences, with correct grammar and punctuation, to fully explain each slide as if you were giving an in-person presentation. Address the following topics: • The aspects of right to counsel for the cases • How the historical development of right to counsel relates to the cases • When the right to counsel attaches to criminal procedure for the cases • Whether the defendants in the cases exercised their right to self-representation • The role of the attorneys in the cases as it applies to right to counsel Include videos, audio, photos, diagrams, or graphs as appropriate. Format your presentation consistent with APA guidelines. Option 2: Right to Counsel Attorney Interview Research one case involving right to counsel using the Internet or University Library. Analyze the case and......

Words: 514 - Pages: 3

Premium Essay

Right to Counsel

...RIGHT TO COUNSEL 1 Originating when the sixth amendament was ratified on December 15, 1791 the right to council in the United States was born. This amendment states the following. “In criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district where the crime was committed. Also, the district shall have been previously determined by law, and to be informed of the nature and cause of the accusation. To be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense” (Amendment 6, 2009). Development of the Right to Counsel The Constitution specifies that the accused possess the right to counsel however, there is no specifications which states that counsel will be available from the government for the individual who have been accused. In most cases, only individuals who are afforded the employment of an attorney would have the indulgence of being represented by one. The right to counsel is a service no longer just limited to adults or to individuals who have financial means of being able to retain attorney but any individual who requests representation. At one time, the right to counsel was a service that was offered to those individuals involved in cases being tried within a criminal trial; however, this is no longer the scenario. Right to counsel can be for any case; criminal,......

Words: 1188 - Pages: 5

Premium Essay

Trama Informed Counsel

...The Trauma Informed Drug Counselor Trauma informed care is “an approach to engaging people with histories of trauma that recognizes the presence of trauma symptoms and acknowledges the role that trauma has played in their lives” (SAMHA, 2012). It includes the use of carefully developed approaches that reduce the likelihood of re-traumatizing participants while integrating safety, trustworthiness, choice, collaboration, and connection into all interactions with participants. Trauma informed care is not the same as trauma specific care, which can be defined as the use of evidence-based approaches that directly address the traumatic experiences of the participant. For both ethical and legal reasons, only trained trauma therapists should provide trauma specific care. Trauma 101 Studies show that more than 70% of individuals in treatment for a substance use disorder have experienced some form of traumatic stress. Traumatic stress occurs when an individual is exposed to a potentially traumatizing event or situation that overwhelms her/his ability to cope. It can be caused by a one-time experience or complex trauma, which is the experiencing of multiple traumatic events. Traumatic stress can lead to post traumatic stress disorder, or PTSD, a severe anxiety disorder that develops after exposure to traumatic stress. PTSD is a clinical diagnosis that requires the presence of specific symptoms, such as nightmares about the traumatic event, avoidance of stimuli associated......

Words: 1025 - Pages: 5

Free Essay

Legal

...modes of discovery 1. Ensure that you have filed all the necessary pleadings in support of your cause of action. 2. Avail of the various modes of discovery under Rules 27 to 31 of the Revised Rules of Civil Procedure [Section 22.3]. 3. When discovery procedures are availed of, submit material portions of the discovery proceedings, previously undisclosed documents or facts, and judicial affidavits pertaining to the fruits of the discovery within sixty (60) days from the start of the discovery process [Section 22.3]. B. Judicial Dispute Resolution (“JDR”) 4. Exert efforts to settle the dispute amicably [Section 22.1(a)]. 5. If there is failure of JDR, discuss with the other party or counsel whether you intend the JDR judge to retain the case and preside over further proceedings [Section 22.2]. 6. File a joint written motion or manifestation requesting the court to retain the case, if mutually agreed upon by the parties [Section 22.2]. C. Judicial Affidavits 7. Request for the issuance of a subpoena ad testificandum or duces tecum if your intended witness, who is neither the witness of the adverse party nor a hostile witness, unjustifiably declines to execute a judicial affidavit or provide the relevant documentary and/or object evidence [Section 22.2(d)]. 8. If the court issues a subpoena as requested, personally serve the subpoena upon the intended witness and bear the cost of......

Words: 6158 - Pages: 25

Free Essay

Legal

...The multifaceted nature of the legal system allows it to be both effective and ineffective in ensuring compliance with the law regarding family relationships. The legal system can never ensure complete compliance but ensures it effectively through legislation and common laws implemented in the family law areas of surrogacy . The law can be seen to not effectively ensure compliance in the areas of domestic violence and relationship breakdown involving children. In the issue of the legal rights and obligations of parents agreement with the law can be seen to occur, but more reform both legally and socially is needed for such effectiveness In family law issue of surrogacy, much recent reform has been orchestrated as a means to effectively encourage compliance with the law. The need to change and reform surrogacy laws to ones which were more coherent and simpler to comply with are noted in ‘Time to Change unjust surrogacy laws’ 2007 the age and in case law demonstrating the complex nature of complying with such laws ‘Wilson and Anor and Roberts and Anor 2010’. Thus in the surrogacy Act nsw 2010 was implemented to create a more decisive and coherent set of laws that are to be compiled with and that encouraged through their reflection of societies values and ethics. SMH published an article in 2015 stating head of family court Diana Bryant is confident Australia will legalize commercial surrogacy to prevent such tragedies such as ‘Baby Gammy’ who was let behind because of his......

Words: 1006 - Pages: 5

Premium Essay

Right to Counsel

...Right to Counsel Lionel James CJA/364 December12, 2011 CHARLES MC CLELLAND Right to Counsel Introduction: The primary source of the right to counsel is the Sixth Amendment. It states in all criminal prosecutions, the accused shall enjoy the right to have the Assistance of Counsel for defence. In this article, the development of the right to council will be discussed as well as when the right to council attaches to criminal procedures. The right to self- representation and the role of attorneys as it applies to right to council will be discussed as well. The development of the right to counsel: The Supreme Court in 1932 began to define the right to counsel and years later it applied it to the Sixth Amendment right to states. It incorporated that right into the Fourteenth Amendment. In the Powell v.Alabama (1932), the Court found that under certain circumstances state courts had to provide criminal defendants with free counsel. (Zalman,2008). The main issue in the Powell case was whether the defendants ‘due process rights were violated by the denial of the right to counsel, with the accustomed incidents of consultation and opportunity of preparation for trial.(Zalman,2008). Betts v.Brady (1942) was a setback to the incorporation of the Sixth Amendment. Betts confirmed the special circumstances rule of Powell. Betts, a farmhand, was indicted for noncapital robbery. Not having the money to hire a lawyer, Betts asked the judge for appointed counsel at his......

Words: 1109 - Pages: 5

Premium Essay

Right to Counsel Paper

...Running Head: Right to Counsel Paper Right to Counsel Paper By: University of Phoenix Course: CJ364 Instructor: Darrick Kinchen Date: December 05, 2011 Right to Counsel Paper The right to counsel is a right that was largely developed in the 20th century; this right has become an expectation through many court cases. One also may enjoy the right to represent themselves in a criminal proceeding. In the following it will be discussed about the developments of these rights and additionally the role of an attorney in the criminal justice system will be discussed as it applies to the right to counsel. Zalman (2008) “The twentieth-century growth of urban populations and bureaucratic, multi-judge courts required that ad hoc methods of providing lawyers for indigents be replaced with more formal legal aid and defender systems. Some cities and states began to do this in the early twentieth century. But under the U.S. Constitution, there was no obligation in federal or state criminal trials that the government, which was prosecuting the defendant, had any obligation to ensure a fair trial by providing defense counsel. In 1932, the Supreme Court began to define the right to counsel.” In Powell V. Alabama this case set a benchmark for the right to counsel, as in before this case in 19322 there was......

Words: 906 - Pages: 4

Premium Essay

Right to Counsel

...the right to be represented by an attorney at trial, but this right did not extend to any other classes of crime. (Find Law, 2010) All the way up until 1836, with the passage of the Prisoners' Counsel Act, this right was denied to people charged with nearly all serious crimes in England. The development of the common-law principle in England had denied to anyone charged with a felony the right to retain counsel, while the right was afforded in misdemeanor cases, a rule ameliorated in practice, however, by the judicial practice of allowing counsel to argue points of law and then generously interpreting the limits of ''legal questions.'' The colonial and early state practice in this country was varied, ranging from the existent English practice to appointment of counsel in a few States where needed counsel could not be retained. Historically, the right to counsel has meant the right to retained counsel; that is, if the defendant could afford a lawyer, he had the right to use one. (Lawyers.com, 2000) The poor defendant was denied this right. In early America, some states showed a greater concern for the impoverished defendant than did the federal government. These states provided for the appointment of counsel in cases punishable by death, with some states going so far as to provide counsel on all felony charges. The early American colonies generally brought English law with them, so most colonies also barred serious criminal defendants from obtaining a lawyer. This practice......

Words: 863 - Pages: 4

Free Essay

Right to Counsel

... Right to Counsel Yolette T. Pepe Kaplan University Introduction to Law LS102-03 Prof Young February 15, 2011 Right to Counsel The root of all American laws are found in English law. In England, people who were charged with felonies had no right to hire a private attorney, though it was allowed sometimes in special circumstances. After the Glorious Revolution in 1688, Parliament passed a law allowing people accused of treason the right to be represented by an attorney at trial, but this right did not extend to any other classes of crime. (Find Law, 2010) All the way up until 1836, with the passage of the Prisoners' Counsel Act, this right was denied to people charged with nearly all serious crimes in England. The development of the common-law principle in England had denied to anyone charged with a felony the right to retain counsel, while the right was afforded in misdemeanor cases, a rule ameliorated in practice, however, by the judicial practice of allowing counsel to argue points of law and then generously interpreting the limits of ''legal questions.'' The colonial and early state practice in this country was varied, ranging from the existent English practice to appointment of counsel in a few States where needed counsel could not be retained. Historically, the right to counsel has meant the right to retained counsel; that is, if the defendant could afford a lawyer, he had the right to use one. (Lawyers.com, 2000) The poor defendant was denied this right.......

Words: 1516 - Pages: 7