Selected aspects of attorney's duty of confidentiality Abstract One of the attorney's most important duties is the commitment to maintain the confidentiality of information he or she has learned while providing legal services. However, it is not a lawyer's privilege but a commitment to protect the rights and legitimate interests of his or her clients. The duty of confidentiality may be waived exclusively by the client or his legal successor of the client. Restrictions or breaches of this obligation should occur exceptionally, only in defined cases. In recent years, the effort of the legislators and other entities to disclose this duty of confidentiality can be noticed in the Czech Republic. The overall purpose of this thesis is to analyse the legal regulation of attorney's confidentiality in the Czech Republic. This thesis focuses mainly on the regulation contained in the Czech Law of Advocacy, in the relevant provisions of the Czech Criminal Procedure Code and in the professional regulations of the Czech Bar Association. The first two chapters of this thesis are rather of general nature. A significant part is devoted to explanation of the notion of confidentiality, its meaning and its material and personal scope. The third chapter discusses legal exceptions when breaching of attorney's confidentiality is...

This thesis deals with an issue of a right to legal aid. The aim of the thesis is to introduce how the right to legal aid as a one of the basic human rights falling within so called right to a fair trial is implemented in the Czech Republic. This thesis concerns with opportunities which has a person seeking for legal aid in the Czech Republic. An analysis of the implementation of the right to legal aid in practice is the core issue of the thesis. The analysis is divided according to subjects who participate on the implementation of this right. The thesis focuses on an impact of advocacy on implementation of the right to legal aid, role of courts regarding their duty to inform parties to legal proceedings. Last, but not least, there is a mention about other subjects participating on the implementation of the right to legal aid in the thesis. The end of the thesis considers the availability of legal aid in the Czech Republic, evaluation of the contemporary legal regulation of the provision of legal aid and with a view to the future law there are described some possible measures which may be adopted to improve the present situation in day-to-day implementation of the right to legal aid.

Comparative analysis of representation by the attorney in Czech and Spanish civil proceedings The subject of the diploma thesis is the comparative analysis of representation by the attorney in Czech and Spanish civil proceedings. The first part is dedicated to concepts of civil procedure and it's categories. The second part contains a definition of the concept of representation in the civil procedure and it's categories in the Czech and the Spanish law. The third part which is crucial for this thesis focus on the role and the position of an attorney in the civil procedure and on the relationship between the attorney and his client. The third part is also dedicated to the attorney and the requirements the attorney has to meet according to the law. In case of the attorney, as a professional in law and as a member of a bar association, and in case of the relationship between attorney and his client - Czech and the Spanish law are very similar to each other. However significant differences exist in roles which attorney holds - precisely the extent of his activity as a representative of the participant. One of differences is an existence of the legal institute of the legal representative in the Spanish procedural law. This legal institute does not exist in the Czech procedural law and its functions...

This dissertation examines three topics in law and finance. In Chapter 1, I show that consumers are more likely to keep a repayment promise they make themselves. When a scheduling conflict prevents a borrower from attending a mortgage closing, a Power of Attorney (POA) empowers a third party to sign the documents promising that the borrower will repay the loan. POAs arise after loan terms are locked in, making POA and non-POA loans virtually indistinguishable. Comparing within-borrower and within-property, I link POAs to greater delinquency and foreclosure. Loan performance data show that POAs are uncorrelated with cash flow shocks but reflect reduced promise-keeping conditional on financial distress. Consistent with prior work on salience and personal responsibility, promise-keeping is higher for loans serviced by the originating lender. Financial intermediation may play an important role in consumer lending. In Chapter 2, using a unique episode in which the SEC distributed securities disclosures to some investors before the public, we study the impounding of private information into stock prices. Because the delay between the private and public release of the information was random, our setting offers a rare natural experiment for studying how markets process private information. As theory predicts, speculators seem to smooth out the price impact of their trading, and more information is impounded into prices during the expected rather than the actual delay before the information becomes public. Finally, we document investor overreaction when already-stale filings are publicly released. Finally, in Chapter 3, we use quantitative data to show a systematic relationship between the appointment of a hedge fund nominated director to a certain corporation and an increase in informed trading in that corporation’s stock (with the relationship being most pronounced when the fund’s slate of directors includes a hedge fund employee). From a governance perspective, activist hedge funds represent a new and potent force in corporate governance. This is the first attempt to investigate whether the activist hedge fund also imposes new agency costs through widened bid/ask spreads and informed trading. We assembled a data set of 475 settlement agreements, between target companies and activist funds relating to the appointment of fund nominated directors, from 2000 and 2015, in order to focus on what happens once such a fund-nominated director goes on the board.

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Thesis (D. Ed.)--University of Oregon, 2005. / Typescript. Includes vita and abstract. Includes bibliographical references (leaves 102-105). Also available for download via the World Wide Web; free to University of Oregon users.

Thesis (Ph. D.)--University of California, San Diego, 2005. / Vita. Includes bibliographical references.

This thesis deals with advocacy and content of the concept of advocacy, then elaborates the concepts of legal aid and legal service and looking for differences between these concepts. Thesis also offers a brief glimpse into the history of the legal profession and its evolution over the time. Furthermore, this thesis deals with the influence of the Czech Bar Association as an autonomous professional organization for practicing the legal profession and the provision of legal services by lawyers. Firstly, examines the Czech Bar Association and its organization and its jurisdiction and issuing professional rules. It also deals with other situations, which can occur under the influence of the Czech Bar Association. The thesis also outlines the basic elements of creation, content and termination of the relationship between the lawyer and his client. Individual elements of the content of the relationship attorney - client are analyzed in the fourth chapter. In particular, the duty of the lawyer to promote the rights and legitimate interests of the client's obligation not to lower the dignity of the legal profession, confidentiality, duty to inform the client and keep the documentation to be insured or the right of a lawyer to remuneration. Similarly thesis deals with the rights and obligations of the client....

The subject matter of this study is an analytical review of the vocational training programmes operative in three penal institutions in British Columbia, namely: New Haven, Young Offenders' Unit, and Oakalla Prison Farm. Vocational training is examined in its relationship to the institutional programme as a whole, but more particularly in the light of its specific contribution to the rehabilitative process. The acquisition of marketable skills on the part of the inmate is socially significant in that he is able to return to civilian life and an area of gainful employment. In addition to his ability to maintain himself, he is able to accept his family and community responsibilities, and to relieve society of the burden. The methods used in arriving at the conclusions found in the study have been those of comparison and evaluation. The three penal institutions in question have been examined, and their vocational training facilities considered and analyzed for their effectiveness in this area. As a result of the study, it has become evident that there is very little vocational training actually done. That which has been called vocational training, however, is essential at the present time in that it represents a social work service. Vocational training is used in the way social work services are intended to be used. When enough social work services have been introduced, and the inmate is receiving the treatment he requires, vocational training may not play as vital a role in the programme as a whole, and may be considered as merely one of many approaches to the entire problem of rehabilitative therapy. / Arts, Faculty of / Social Work, School of / Graduate

A national sample of attorneys (N = 134) was surveyed to investigate how characteristics of a rejected applicant’s claim would affect subsequent claimant outcomes and appraisals. Equal Employment Opportunity Commission (EEOC) merit determinations positively influenced attorney representation decisions and confidence in favorable claimant outcomes. Attorneys found rejected applicant claims more credible when the claimant perceived the selection procedure to be unrelated to the target position and when the applicant was a racial minority. Attorney course of legal action was dependent on the interaction of both EEOC decision and applicant perceptions of job relatedness, such that more claimant supportive actions were observed when the EEOC found merit and the applicant perceived the selection procedures to be job unrelated. The impact of organizational efforts in validation, scoring procedures, and adverse impact reduction were explored in regard to settlement and litigation outcomes. Exploratory analyses identified best practices in regard to these issues.