Problem Areas in Legal Ethics Essay

Seeing as Wendy and Ben are both well provided for in Manuel’s will, and that their respective legitimes are protected under Articles 892, 894, and 897 of the New Civil Code, contesting the will simply to deprive Cora of Manuel’s bequeathal may be considered frivolous. For Louie to advise Wendy to sue based on unfairness may not be enough to justify the amount of time and energy that Wendy may expend in contesting Manuel’s will, a feat that may not prosper in the first place. Art. 892. If only one legitimate child or descendant of the deceased survives, the widow or widower shall be entitled to one-fourth of the hereditary estate. In case of a legal separation, the surviving spouse may inherit if it was the deceased who had given cause for the same. If there are two or more legitimate children or descendants, the surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children or descendants. In both cases, the legitime of the surviving spouse shall be taken from the portion that can be freely disposed of by the testator. (834a) Art. 894. If the testator leaves illegitimate children, the surviving spouse shall be entitled to one-third of the hereditary estate of the deceased and the illegitimate children to another third. The remaining third shall be at the free disposal of the testator. (n) Art. 897. When the widow or widower survives with legitimate children or descendants, and acknowledged natural children, or natural children by legal fiction, such surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children which must be taken from that part of the estate which the testator can freely dispose of. (n) In each of the instances in the articles reproduced above, Wendy will be well provided for in relation to Ben’s legitime, regardless of how he is recognized in relation to Manuel’s will. Louie may withdraw his legal services under Canon 22. 01(e) of the Rules of Professional Conduct. Canon 22 – A Lawyer Shall Withdraw His Services Only For Good Cause And Upon Notice Appropriate In The Circumstances. Rule 22. 01 – A lawyer may withdraw his services in any of the following case: (e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement; Seeing as Wendy finds his standard fees unreasonable, and that she is not indigent (which would qualify her to demand equal treatment under Canon 14 and Rule 14. 4), that is, she is capable of paying his fees, there can be no reason for him to be stopped from removing himself from the case. Canon 14 – A Lawyer Shall Not Refuse His Services To The Needy. Rule 14. 04 – A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients. Similarly, there is nothing unfair or unreasonable regarding Louie’s fees as this is his standard service fee. There is absolutely no reason to be entangled in a situation enunciated in Canon 20. 04. Canon 20 – A Lawyer Shall Charge Only Fair And Reasonable Fees. Rule 20. 04 – A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice or fraud. Of course, Louie cannot invoke, as a reason for charging Wendy his fees, that the case would take too much of his time and skill as an attorney. Santiago vs. Fojas is specific in stating that a lawyer who accepts a case should â€Å"serve his clients with competence and diligence, and champion the latter’s cause with whole-hearted fidelity†¦Ã¢â‚¬  Manuel’s will meant for P500,000. 0 to be given to Cora. If Wendy litigates for its recovery with the promise to turn over the same to Louie, it defeats the purpose of said money as inheritance. Clearly the money was meant for someone else. Louie would appear to be fighting in court for his interests rather than that of Wendy’s alleged better right over Cora to the money. More importantly, such an agreement would constitute a champertous contract, which, as defined in Bautista vs. Gonzales: An agreement whereby an attorney agrees to pay expenses of proceedings to enforce the client’s rights is champertous [JBP Holding Corp. v. U. S. 166 F.  Supp. 324 (1958)]. Such agreements are against public policy especially where, as in this case, the attorney has agreed to carry on the action at his own expense in consideration of some bargain to have part of the thing in dispute [See Sampliner v. Motion Pictures Patents Co. , et al. , 255 F. 242 (1918)]. This would not constitute a contingency fee, which is defined in Taganas vs. NLRC: A contingent fee arrangement is an agreement laid down in an express contract between a lawyer and a client in which the lawyer’s professional fee, usually a fixed percentage of what may be recovered in the action is ade to depend upon the success of the litigation. This arrangement is valid in this jurisdiction. It is, however, under the supervision and scrutiny of the court to protect clients from unjust charges. Section 13 of the Canons of Professional Ethics states that â€Å"[a] contract for a contingent fee, where sanctioned by law, should be reasonable under all the circumstances of the case including the risk and uncertainty of the compensation, but should always be subject to the supervision of a court, as to its reasonableness†. Likewise, Rule 138, Section 24 of the Rules of Court provides: Sec. 4. Compensation of attorneys; agreement as to fees. — An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the subject-matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount to be paid therefor unless found by the court to be unconscionable or unreasonable. When it comes, therefore, to the validity of contingent fees, in large measure it depends on the reasonableness of the stipulated fees under the circumstances of each case. The reduction of unreasonable attorney’s fees is within the regulatory powers of the courts. A contingent fee is dependent upon a fixed rate agreed upon by both lawyer and client, dependent on the outcome of the case, albeit with a lower rate if they lose than if they win.

Jean Kilbourne: Own This Child Essay

Advertisers are targeting youth, â€Å"Own This Child† Written by Jean Kilbourne an informative article on this matter. Major corporations have recently begun using gaming [web] sites to create an image and â€Å"brand loyalty† early on in today’s youth as young as four years of age. Although The United States is an industrialized nation it is one of the few that entire campaigns are designed to target children. These same corporations are working with major television networks advertising products that pertain to program that is being viewed; with the intent to get them as a present consumer but also well into the future. In addition to television ads one company has initiated a program for advertisers to distribute coupons and promotional materials to a network with more than two thousand day care centers and about two million preschool kids. Companies are even going as far advertising in our schools ads are emblazoned on school buses, yearbooks and even scoreboards. Each day eight million students are successfully reached by advertisers. As schools become increasingly cash-strapped and underfunded, the more the schools except funding from corporations eager for a captive audience in exchange for their financial support. Educational programs have increased by 25% from 1965 to present putting more pressure on the schools to accept the funds from the more than willing companies and causing advertisement to become so over the top that when an spoof program offering students money to get tattoos of company logos many people believed it was an actual program. Big consequences are the result for any student doing anything to jeopardize funding from corporate sponsored events; such as wearing a competitor’s logo to company sponsored rally. Schools are going to the extremes of signing long-term contracts in exchange for millions of dollars and exclusive rights to place vending machine where students all-day can access them. Companies even push the school to increase sales even though large consumption of soda can lead to health problems later in life.

Warren Buffet and the Company

Relation between   Selected from Financial ReviewWarren Buffet, CEO of Berkshire Hathaway, is one of the most successful investors and business executives of all time. He has invested in many industries which can be seen in the following figure:Figure 1: Warren Buffett's Portfolio (Source: gurufocus, 2018)From the above graph, we can see that the sectors that Warren Buffet has invested are quite similar to the sectors that we have selected. Buffet has invested most (i.e. 42.6%) on the financial services. Likewise, we have also selected one of the companies from the financial sector i.e. National Australian Bank. In terms of their value of ordinary shares using PE ratio valuation model, we have ranked National Australian Bank on the third position as per our desirability to invest. Similarly, in the above table, we can see that Buffett has invested 23.4 % of their investment in consumer defensive product. Likewise, among ten, two of the companies that we have selected are also from consumer defensive sector i.e. Woolworths and Coca Cola. Like everyone, we very well know that Coca Cola is the favorite stock of Buffett. Frankel (2017) also indicated that the company of Buffett i.e. Berkshire Hathaway owns US 16.7 billion dollar worth of share of Coca Cola, making this company the third largest stock investment of Buffett. In the above figure, we can also see that Buffett has invested 4.3% on the energy sector. We have also selected three companies from the energy sector and ranked the AGL Energy on the top list of our desirability to invest as this company has got the highest value of ordinary share from PE ratio valuation Model. Since real estates and EFT, options, preferred are the least invested company as per the Warren Buffett's portfolio, it seems we are quite similar in that field, as we also have not chosen any companies from those sectors. 5. Comparison between Warren Buffet's Approach and Share Valuation Techniques used in the ReportWarren Buffet uses various approaches to estimate the value of shares, such as, earning yield, historical earning growth and sustainable growth. Buffett uses earning yield approach as it represents the rate of return which can be used to compare with other investment more quickly. Buffet normally compares the earning yield of a company with long term government bond yield and selects the one which earning yield is near to the government bond yield. In terms of historical earning approach, Buffett project the annual compound rate of return on the basis of historical earnings per share increased. The next approach of Buffett is based on the sustainable growth rate model where he utilizes the average rate of return on equity and average retention ratio so as to calculate the sustainable growth rate (Bajkowsi, n.d.).Sustainable growth model approach of Warren Buffett is similar to one of the share valuation techniques used in week 6- Chapter 10 i.e. P/E ratio valuation model. It is because, according to Bajkowsi, the sustainable growth rate is utilize to estimate the book value per share in year ten and earnings per share can be measured in year 10 by multiplying the average return on equity with the projected book value per share. Then, estimate earning per share is multiplied with average P/E ratio to get the future price. Therefore, we prefer to use the P/E ratio valuation model because it is also one of the approaches used by the best investor of the world, Warren Buffet. 6. RecommendationIn terms of company, it is very wise to invest in AGL Energy Company as this company has the highest value of ordinary shares from P/E ratio valuation model compare to others. In terms of approaches and techniques regarding share valuation, it is wise to go for PE ratio valuation model. When making the investment decision, it is very useful to follow the techniques and approaches used by the best investor of the world, Warren Buffett, as his experience, techniques and approaches can be very well utilized to select the best investments.7. ConclusionTherefore, in terms of investments, we have come to conclusion that we will be investing in AGL Energy Company as it has the highest value of ordinary share from PE ratio valuation model which is also highly utilized by Warren Buffet in terms of his share valuation. Warren Buffet is one of the best valued investor of the world, thus, it is very wise to follow the approach and techniques used by the Warren Buffet. Warren Buffett has invested most on the financial and Consumer defensive sector, thus, apart from AGL Energy, the companies that have occupied the second and third position in terms of our desirability to invest are Woolworths and National Australia Bank. Though there are various share valuation approached used by Warren Buffet and mentioned in our week 6-chapter 10, we prefer to use PE ratio valuation model as this approaches also helps to compare the prices of the firms in the same area of economy (Kennon, 2018).

Community & Economic Development Essay Example | Topics and Well Written Essays - 1000 words

Community & Economic Development - Essay Example For the purpose of understanding the issue, the city of Orlando can be used as a case example. It is of the essence to note that different locations are endowed differently when it comes to the endowment of business opportunities. This is something, which ranges from one location to another. There are a few things, which a person who wants to engage in the business ought to consider. The individual in question ought to ask himself or herself whether it feels right or whether the decision that is made makes sense at all. This is bearing in mind the financial implications, which come into perspective. There are certain things, which make Orlando a good and attractive business spot in the country. For starters, there are several industries, which are located in the city. These are significant pointers of how businesses and the private sector can be influential in the creation of jobs to individuals in the population. The presence of many of these industries in the city makes it possible for people to seek employment and get it in the long run. At the same time, these businesses may come up with incentives, which may serve to attract even more individuals from the local population. In most cases, the incentives in this scenario are always better in comparison to those from the government. As a result, a significant number of individuals in the population will opt to go into the businesses as opposed to seeing employment that is initiated by the government or the local authorities. The role, which the business sector plays when it comes to the city of Orlando, is a fact, which cannot be overlooked. The local authorities have also recognized this and as such, the policies, which they develop in relation to business activities, are those, which are favorable to the individuals who have the desire to engage in business activities. The authorities have also realized that through their partnerships with business entities and

Performance and Human Resource Development Essay

Performance and Human Resource Development - Essay Example Performance management is a process that starts with hiring and continues year after year through planning, task assignment and review, performance evaluation, assessment of potential and recognition. It is a method through which management plans and executes strategy in the most effective way. The aspects that distinguish this process are: †¢Ã‚  PLANNING – Work is planned, keeping in mind objectives of the organization, and goals are set for the teams as well as individuals. A vital part of performance management, it can be made more effective with active participation of the personnel who will be responsible for execution of the plan. †¢Ã‚  MONITIORING – Progress on all activities, assignments and projects is regularly monitored. This takes into account individual and group capability, workload and division of work. Keeping track of trends and corrective action based on progress and employee feedback, norms this part. †¢Ã‚  DEVELOPING – Entails development of skills of employees to enhance their abilities to perform through education and training in existing areas and acquisition of new skills. It also involves simplification and improvement of work processes and methods productivity while simultaneously creating a motivating atmosphere at the workplace. †¢Ã‚  MOTIVATING – Keeping the morale of the employees up and motivating them to perform the given tasks with enthusiasm, care and diligence. The provision of good and friendly working atmosphere, unbiased and fair handling (perceived and actual) of all situations., maintaining good discipline, timely feedback and empowerment are some of the tools used.RATING – Is used for summarizing employees’ performance, it allows for comparison of the performance of the employee over time as well as with other employees. Performance appraisal in a structured manner helps in rating of employees to identify high performers and those who need further inputs to help them achieve targets set. REWARING – Appreciation of good performance and censure of poor performance form this part of the process. Appreciation and censure may take many forms like formal positive reception, salary hikes, promotions, lateral multitasking, demotions and outright termination of employment.Management of performance of employees thus forms the core of efficient and competent organizations. Goals are set and work planned out in detail with time frames established usually with the involvement of the individuals and groups concerned, standards are set while keeping in view skills required and capabilities of the individuals assigned to meet them.Performance AppraisalPerformance assessment or appraisal is a process of audit of the effectiveness of each employee. It may be viewed as a contract between the organization and the employee explicitly

The Community Health Systems, Stress and Their Meanings Research Paper

The Community Health Systems, Stress and Their Meanings - Research Paper Example The employees realized that the due to the prevalent condition of the industry where reimbursements were waning and regulations were mounting, the Community Health Systems was facing financial complexity; yet they were not satisfied with the offer the company had proposed and believed that they should be paid better compensation. Jim Brentwood had said that they would conduct an informational picket on Thursday and after that, they would decide depending on the strike vote by the group of employees. He had added that although the employees did not wish to strike there was a strong possibility of one if the company did not collaborate with them. Mary Martin, on the other side, found it hard to believe that the employees would go for a strike because if they did so, they would be paid only half the amount that they would have earned for a week. The 2000 employees involved were at the bottom end of the company’s pay scale, and hence Mary Martin was confident that due to monetary constraints the employees would not vote in favor of a strike. Moreover, this group of employees included patient transporters, housekeeping and cafeteria workers, and the Community Health Systems was already thinking of outsourcing their dietary department to another firm, Thomson Healthcare Food Services; and hence even if the employees did go for a strike, the organization could carry on their cafeteria services without interruption. Instead of reconciling the existing differences and trying to arrive at a consensus agreement, both the sides were rigid in their stands and were not in a mood for negotiation. Generally, the outcome of a negotiation is reliant on the power relationship between the two sides. In this context, the employee union was not aware of the company’s plan to outsource their dietary requirements.

Practice papers Assignment Example | Topics and Well Written Essays - 1000 words

Practice papers - Assignment Example When a project rolls-up unattributed cost, claims may be made according to the standard form contracts. Factors that lead to such claims are prolonged costs, charges, loss, disruption, and wasted time. Clients should avoid at all costs any interruptions that may be caused or ensure they put all the risks and eventualities that may arise in black and white under a binding agreement. Resource provision (the main), developers education, clarifications, timely decisions, support developers analysis, setting requirements, reviewing and evaluations, communication of changes anticipated. By accomplishing all the above, smooth running from facilitation is ensured. By so doing, safety at work is guaranteed. By observing code of conduct, environment of service and right equipment for service, employees have good working conditions health will be safeguarded and general safety available. They always make sure that workers adhere to safety rules and regulation. They inspect site for hazards, unsanitary, danger, machine failures, building accidents, dangerous chemical exposure. Recording violations is part of their daily routine. They can recommend project suspension when danger is present until it is save. Safety documents always need be present at site and they are mandated with training workers on safety requirements conduct at place of work. It has little bureaucracy, which speeds acquisition and completion of contracts. The qualification process is much simpler for example no need for lengthy and unwarranted proposals. There are limited regulations in private funding. Because the owners are on a venture, they put in their best to achieve results hence very competent contractors. Marketing orientation is a model, which seeks first to determine customer’s requirements, needs and tastes, then proceed to develop the product for them. On the other hand, sales orientation seeks to sell company products without initial market survey for