The diploma thesis deals with the institute of compulsory representation in a civil dispute. That is, a situation where the parties to such a dispute must be represented by an attorney-at- law. The diploma thesis provides a comprehensive review of this institute and its regulation de lege lata including excursions to the regulation of compulsory representation outside civil procedure. It further compares it to the historical regulation of compulsory representation in the territory of present Czech Republic and with foreign legislation as well, specifically with the regulation of compulsory representation in Austrian, German and Slovak procedural codes. The diploma thesis emphasizes the regulation of mandatory representation de lege ferenda. Aside from considering individual aspects of possible future regulation and the general benefit or, on the other hand, the disadvantages of introducing compulsory representation, it compares it both to the draft Act on collective proceeding and to the Substantive Intent of the Civil Procedure Code. Although one of the proposals is already under legislative process (as of the date of concluding the manuscript of this diploma thesis) and the other is more of a set of basic theses for further discussion, both proposals introduce mandatory representation into Czech civil...

State attorney's supervision in preliminary criminal proceedings Abstract The diploma thesis relates to State attorney's rights and duties in criminal proceedings. Since the topic of a State Attorney's role in criminal proceedings is broad and the extent of that would exceed the limits of this work, the author have chosen to center the work around supervision of a state attorney as a major part of criminal proceedings that ensures the legality of the criminal process. The work has been split into 6 chapters. In introduction author briefly explains, why he chose the topic, and why he does think this theme is something, that should be worked upon in greater detail. First chapters are concerned with state attorney's office and the scope of its authority that is given to it by the constitution and the statutes. The preliminary criminal proceedings is introduced as a phase of criminal process with its functions and meaning that should is leading to specific decisions. Third chapter is the beginning of the core of this diploma thesis and is dedicated to theoretical description of supervision and its forms. One that can be done strictly by certain state attorney in specific criminal proceeding and the second that is done within the hierarchy of state attorney's offices. Next chapters are about the applications of...

Attorneys are at an increased risk of negative psychological and physical effects due to stressors in their careers. The purpose of this study was to identify if sex crime attorneys and homicide attorneys identify with significant psychological changes throughout their careers. The framework for this study was theoretical in nature and utilized the social cognitive processing theory. This quantitative study (N = 28) included the use of the Alcohol Use Disorders Identification Test, the Buss-Perry Aggression Questionnaire, and the Multi-Dimensional Emotional Empathy Scale. A minimal significance was found correlating a decrease in aggression to years of experience as an attorney. There was no significance between alcohol intake, emotional empathy, and years of experience as an attorney. An insufficient number of participants may have affected any potential correlations. A correlation between career stressors and negative effects on a personal or professional degree would be cause for implementing techniques to improve professional and personal morale, limit life stressors, and improve overall health. Providing assistance to those who are at risk of negative behaviors due to their career would prevent future immediate and long-term treatments, increasing their quality of life.

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Thesis (MBA)--Stellenbosch University, 2005. / ENGLISH ABSTRACT: The cornerstone of the legal profession is the trust harboured by clients when depositing monies with legal firms. A few regulations usually exist to protect trust monies. In the absence of a client protection fund, a client has no insurance against theft of trust monies. Most countries have come to realise the importance of employing a client protection fund to reimburse victims of theft in order to protect the integrity of the legal profession. Client protection funds are operated on different business models and a broad overview of the funds of New York, British Columbia, New Zealand and Botswana indicated that such funds are not able to compensate all proven claims without enforcing limitations. There is currently no benchmark whereby client protection funds can assess their effectiveness and sustainability. A standard for evaluating these funds is created based on the following criteria common to all funds: the purpose of a fund, the status of a fund, proper management of the fund, the methods which a fund employs to limit liability, the financial strength and sustainability of a fund, the rights of a fund where claims are awarded and the preventative measures employed by a fund. After evaluation of these funds it became clear that all of them are financially unsustainable if they were to pay proven claims without imposing limitations on their liability. The Namibian fund appears to be the most sustainable fund and was also used as the benchmark in one of the criterion of the evaluation model. A more critical study of the Namibian fund indicated that it would in future become less sustainable as the growth rate in trust deposits exceeds the growth rate of the fund's reserves. After a SWOT analysis it is suggested that the Namibian fund continues its current preventative measures, as same is likely the reason why an insignificant amount of thefts occurred over the past 15 years, and should focus on increasing income by negotiating better agreements with banks and employ a dedicated inspectorate, not only to ensure compliance with such agreements, but provide the fund with annual reports on each firm's level of compliance with statutory regulations on trust accounting. / AFRIKAANSE OPSOMMING: Die hoeksteen van die regsprofessie is die vertroue wat kliënte in prokureurs plaas om trustgeld te bewaar. 'n Basiese stel boekhou regulasies is al wat normaalweg dien as beskerming van trustgeld. In die afwesigheid van 'n getrouheidsfonds het 'n klient geen versekering teen diefstal van trustgelde nie. Meeste lande het reeds die waarde van 'n getrouheidsfonds besef as beskermingsmeganisme van die integriteit van die professie. Getrouheidsfondse is baseer op verskillende besigheidsmodelle en 'n breë oorsig van die fondse van New York, British Columbia, New Zealand en Botswana dui daarop dat sulke fondse nie in staat is om alle eise te vergoed sonder om daadwerklike beperkinge op hul verpligtinge te plaas nie. Daar bestaan huidiglik geen universele maatstaf waaraan fondse hul effektiwiteit en volhoubaarheid kan meet nie. 'n Eenvormige evaluasie model is ontwerp wat gebruik maak van die volgende ooreenstemmende kenmerke van alle fondse: die doel van die fonds, die status van die fonds, die behoorlike bestuur van die fonds, die metodes wat die fonds aanwend om verpligtinge te beperk, die finansiële vermoë en volhoubaarheid van die fonds, die regte van die fonds na betaling van eise en die voorkomende maatreëls wat die fonds aanwend. Na evaluasie van die bogenoemde fondse is dit duidelik dat sulke fondse nie finansieel volhoubaar sal wees as hulle alle goedgekeurde eise ten volle sou uitbetaal sonder die afdwing van beperkende maatreëls nie. Die Namibiese fonds blyk die mees volhoubare fonds te wees en word ook as maatstaf gebruik in een van die kriterium van die evaluasie model. By nadere ondersoek van die Namibiese fonds is vasgestel dat die fonds in die toekoms minder volhoubaar sal raak omdat die groeikoers in trust deposito's hoër is as die groeikoers van die reserwes van die fonds. Na 'n SWOT-analise word voorgestel dat die Namibiese fonds moet volhart in die uitvoering van voorkomende maatreëls en ook inkomste moet verhoog deur beter ooreenkomste met banke aan te gaan. 'n Toegewyde ondersoek afdeling sal verseker dat firmas sulke ooreenkomste nakom, asook aan die fonds raporteer oor firmas se nakoming van statutêre reëls.

This thesis on The Role and Activities of the Prosecuting Attorney in Criminal Proceedings attempts to comprehensively analyse the role and activities of the prosecuting attorney within the Czech legal regulations of prosecuting attorneys whereas the prosecuting attorney is a completely irreplaceable party within criminal proceedings. His role in criminal proceedings is highly significant and he is able to affect criminal proceedings through his activities more than anyone else. This thesis is mainly focused on the comparison of the actual Public Prosecutions Act and the legislative intention of a new Public Prosecutions Act. The thesis finds the positives and negatives of the prepared act and shows them in conclusion. This thesis is composed of four chapters, some of them further subdivided into parts and subparts. Chapter One is introductory and describes the historical progression of public prosecution in the Czech state as well as in other states of Europe. The Chapter is subdivided into four parts where every part illustrates a different historical period. Part Two consists of four subparts. Chapter Two deals with the constitutional definition of a prosecuting attorney. Chapter Two is not subdivided into parts. Chapter Three is subdivided into five parts and provides an outline of the main...

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Parenting plans are a new concept for professionals in South Africa working in the field of divorce. Emphasis has been placed on the development of parenting plans by including the concept of parenting plans in section 33 of the Children’s Act 38 of 2005. Professionals are now confronted with formulating adequate parenting plans which are focussed on the best interest standard of the child(ren) and that will assist the family with its functioning post–divorce. The aim of this research was to develop substantive guidelines that can assist the professional in drafting parenting plans. To achieve this aim, the following objectives guided the study: * To provide the legal context of parenting plans in South Africa. A legal context of parenting plans in South Africa is discussed by way of a literature study through an intensive analysis and critical discussion on a number of legal instruments pertaining to children, such as the Children’s Act 38 of 2005; the Constitution of the Republic of South Africa, 1996; the United Nations Convention on the Rights of the Child (UNCRC) and the African Charter on the Rights and Welfare of the Child (ACRWC). * To ascertain the views of mental health professionals (social workers and psychologists) and legal professionals (attorneys and family advocates) with regard to the divorcing family and parenting plans. The views of mental health professionals and legal professionals with regard to the divorcing family in respect of parenting plans were established. Professionals completed an electronic questionnaire that consisted of open questions to establish their views. Further telephonic interviews with the professionals were facilitated to gain further insight into the professional view points on the issue of divorcing families and parenting plans. * To ascertain the needs of the divorcing family (parents and child(ren)) and to present these needs in the structuring of a parenting plan. The needs of the divorcing family (parents and child(ren)) were established through an explorative approach by means of a document study and electronic questionnaires that were completed by the family members. Through this exploration the researcher obtained an understanding of the needs of the divorcing family related to parenting plans. * To provide professionals with comprehensive and clear guidelines on the basic structure and general content of a parenting plan. Comprehensive and clear guidelines on the basic structure and general content of a parenting plan were constructed for professionals working in this area, based on findings of articles 1, 2 and 3 of this research. The researcher also relied on her background and training as a qualified social worker to construct these guidelines. It was concluded that professionals are not necessarily well equipped to structure high quality parenting plans. Guidelines ought to assist the professionals to structure plans that are well organised, practical, child–centred, developmentally appropriate, and representative of the divorcing family needs. The researcher believes that as parenting plans are obligatory for parents that divorce, there is a need for South African research on this subject matter. This study is a contribution in the research field as to assist the professionals with the task of compiling parenting plans for the divorcing family. In addition this study adds value to the forensic field by setting guidelines on the structuring of parenting plans that empower the professional to work in this challenging field. / Thesis (Ph.D. (Social Work))--North-West University, Potchefstroom Campus, 2011.