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ABA seeks comments on MJP recommendations

first_img ABA seeks comments on MJP recommendations ABA seeks comments on MJP recommendations December 15, 2001 Regular Newscenter_img A lawyer should be able to serve a client on a temporary basis wherever the client’s needs require the lawyer to be, regardless of whether the lawyer is licensed to practice law in the jurisdiction, provided that the circumstances do not create an unreasonable risk to clients, the public, or the courts. In so doing, however, the lawyer should then be subject to the disciplinary authority of the jurisdiction where he or she is rendering services.Those are among the recommendations being made in an interim report released by the ABA Commission on Multijurisdictional Practice, after a year of taking testimony and examining and debating how the present structure of regulating lawyers serves the public, the legal profession, and client needs.The interim report includes examples of “safe harbors” for lawyers who cross jurisdictional lines to serve their clients’ needs, such as one that would permit a lawyer to work in another jurisdiction if he or she associates with local counsel, and another that would permit lawyers to perform services in another jurisdiction that could legally be performed in that jurisdiction by a non-lawyer.The interim report does not endorse “national practice,” and — except as authorized by law or in the case of an employed lawyer who practices only for his or her employer — recommends that admission to the bar be required where a lawyer wants to establish a permanent presence in a jurisdiction.The commission is asking the judiciary, lawyers, bar associations, clients, and anyone else with an interest in the topic to read and react to the interim report, which can be found on the Web at www.abanet.org/cpr/mjp-home.html.Among the myriad questions and situations the commission considered were whether it is unusual for a lawyer to take or defend a deposition in another state; to travel out of state to consult with and advise someone who works for a client’s subsidiary; to call out of state to negotiate on behalf of a client; or, if employed by a corporation, to travel to states in which they are not licensed in order to represent their client. None of these activities are unusual, and such activity is the norm for many lawyers if they are to serve their clients’ needs adequately.The commission’s preliminary recommendations include:• The ABA should affirm its support for the principle of state judicial licensing and regulation of lawyers.• The ABA should amend Rule 5.5(b) of the ABA Model Rules of Professional Conduct (Unauthorized Practice of Law) to provide that, as a general rule, it is not the unauthorized practice of law for a lawyer admitted in another United States jurisdiction to render legal services on a temporary basis in a jurisdiction in which the lawyer is not admitted if the lawyer’s services do not create an unreasonable risk to the interests of a lawyer’s client, the public, or the courts.• The ABA should adopt proposed Rule 5.5(c) of the ABA Model Rules to identify “safe harbors” that embody specific applications of the general principle of Rule 5.5(b). These would include “safe harbors” relating to the following practice areas: work as co-counsel with a lawyer admitted to practice law in the jurisdiction; professional services that a non-lawyer is legally permitted to render; work ancillary to pending or prospective litigation or administrative agency proceedings; representation of clients in, or ancillary to, an alternative dispute resolution setting, such as arbitration and mediation; non-litigation work ancillary to the lawyer’s representation of a client in the lawyer’s “home state” (i.e., the jurisdiction in which the lawyer is licensed to practice law) or ancillary to the lawyer’s work on a matter that is in the lawyer’s home state; and services involving primarily federal law, international law, the law of a foreign jurisdiction or the law of the lawyer’s home state;• The ABA should adopt proposed Rule 5.5(d) to identify “safe harbors” relating to work by a lawyer who is an employee of a client or its commonly owned organizational affiliates and work in a “host state” (i.e., a jurisdiction in which the lawyer is not licensed to practice law) that the lawyer is authorized by federal law, state law, or court order to render.• The ABA should adopt proposed Rule 5.5(e) to prohibit a lawyer from establishing an office, maintaining a continuous presence, or holding himself or herself out as authorized to practice law in a jurisdiction in which the lawyer is not admitted, unless permitted to do so by law or Model Rule 5.5.• With regard to a lawyer seeking to establish a law practice on a permanent basis in a jurisdiction in which the lawyer is not licensed to practice law, the ABA should endorse a model “admission on motion” rule consistent with the rule proposed by the ABA Section of Legal Education and Admissions to the Bar to facilitate the licensing of a lawyer by a host state if the lawyer has been engaged in active law practice in other United States jurisdictions for a significant period of time.• The ABA should encourage jurisdictions that have not adopted a foreign legal consultant rule to do so consistent with ABA policy.• With regard to lawyers admitted to practice law outside the United States, the ABA should amend either the Model Rule for the Licensing of Legal Consultants or Rule 5.5 to identify circumstances where it is not the unauthorized practice of law for a lawyer admitted in a non-United States jurisdiction to perform legal services for a client in a United States jurisdiction.• The ABA should endorse a model pro hac vice rule consistent with the one under development by the ABA Section of Litigation, the ABA Section of Torts and Insurance Practice, and the International Association of Defense Counsel, to govern the admission of lawyers to practice law before state courts and government agencies pro hac vice in jurisdictions in which the lawyer is not licensed.• With regard to pro hac vice admission in federal district court, the ABA should reaffirm its support, in accordance with ABA policy adopted in 1995, for “efforts to lower barriers to practice before U.S. District Courts based on state bar membership by eliminating state bar membership requirements in cases in U.S. District Courts, through amendment of the Federal Rules of Civil and Criminal Procedure to prohibit such local rules.”• The ABA should amend Rule 8.5 (Disciplinary Authority; Choice of Law), and adopt and promote other measures to enhance professional regulation and disciplinary enforcement with respect to lawyers who, pursuant to the above recommendations, practice law in jurisdictions other than those in which they are licensed.• The ABA should amend Rule 8.5 in order to better address multi-jurisdictional law practice.• The ABA should amend Rules 6 and 22 of the ABA Model Rules for Lawyer Disciplinary Enforcement to promote effective disciplinary enforcement when lawyers engage in multijurisdictional practice of law and should renew efforts to encourage states to adopt Rule 22, which provides for reciprocal discipline.• The ABA should take steps to promote interstate disciplinary enforcement mechanisms.• The ABA should establish a Coordinating Committee on Multijurisdictional Practice to monitor changes in law practice and the impact of regulatory reform, and to identify additional reform that may be needed.Comments on the report should be sent to John A. Holtaway, ABA Center for Professional Responsibility, 541 North Fairbanks Court, 14th Floor, Chicago, IL 60611, telephone (312) 988-5298, fax: 312-988-5491, e-mail [email protected] staff.abanet.org, by March 15.last_img read more

Minimum ban for doping increased from two years to four

first_imgDrug cheats in sport face a minimum four-year ban under new rules which came into effect from 1 January.Changes to the World Anti-Doping Code, which unifies anti-doping rules for global sports, have increased the suspension for doping from two years.Other changes will see less leniency given for missed tests but possible reduced bans for helping investigators.UK sports minister Helen Grant said the changes would “better protect clean athletes around the world”.”Successful implementation will mean an innovative and robust anti-doping programme that reaches further than ever before, to more athletes, more support personnel and more sport lovers, all of who want to be part of sport free from doping,” she added in a statement via UK Anti-Doping.”We will see tougher sanctions – not just for athletes, but also for those who assist in the doping process.” The punishment for missing three tests within a 12-month period has been increased from 18 months to two years.While deliberate cheating leads to a four-year ban, athletes guilty of “inadvertent doping” will receive a two-year ban – although they can get a reduction if they have “substantial proof that they were not at fault or intending to cheat”.Wada said the 2015 code had more incentive for anyone providing “substantial assistance” in uncovering doping.”Admitting a violation can be rewarded with a reduced ban, with Wada having the final say. In exceptional cases, Wada has the power to eliminate a ban entirely and offer complete confidentiality for substantial assistance,” it said.The revised code was agreed by the World Anti-Doping Agency (Wada) in November after over 18 months of research by the governing body.last_img read more

NBA reportedly asked Drake to stay away from NBA Finals games in Oakland for security reasons

first_imgFans watching the NBA Finals may have noticed less of Drake on the sidelines toward the end of the series — and there’s a reason for that. The NBA reached out to the Canadian rapper and asked him not to travel to Oakland due to “security concerns,” according to a report from TMZ, which cited multiple unidentified sources.  Raptors fan Drake offers support for ‘true warrior’ Kevin Durant NBA Finals 2019: Draymond Green, Drake clear air over dinner after heated exchange Drake’s dad, Dennis Graham, told TMZ that he thought some of the “security issues” might be from Warriors fans who hold a grudge for how Drake acted on the sideline during the finals. “When people see you in Toronto and you’re making sideline things like that you have to be careful,” Graham said. “With the rowdy fans, you can’t take chances.” Related News Drake didn’t seem too bothered by the request, though. He ended up watching Game 6 with the fans at Toronto’s Jurassic Park and later celebrated with the Raptors in Las Vegas.Drake made headlines when he got into an altercation with Warriors star Draymond Green after Game 1 of the series when Green passed by the rapper on his way back to the locker room. While Drake appeared to be in a playful mood, Green wasn’t having it as the two exchanged words. Stephen Curry later stepped in and separated the two. It turns out, though, that the two have been friends for the past five years. Drake and Green later met for dinner in Toronto to clear the air.The NBA reportedly spoke to the Raptors about Drake’s sideline activity ahead of the series. The rapper received attention and scrutiny for his courtside behavior, but Green said after their altercation that he didn’t think it was necessary for the league to address Drake’s antics. “I think so many people make a big deal out of it. It is what it is,” Green told reporters. “He’s a fan. He talks, and it gets more attention because he’s Drake. So many people are complaining about it, like, ‘You don’t let any other fan do that.’ Yeah, any other fan is just not Drake, so they probably shouldn’t be able to do that. That’s just kind of how the cookie crumbles.” NBA Finals 2019: Draymond Green explains exchange with Drakelast_img read more

GAA NEWS: ADAM NEELY IN SUPERB FORM AS DUNGLOE EARN CRUCIAL WIN OVER ARDARA

first_imgDungloe GAA News:B’ iad 4, 5, 22 agus 24 a huimhireacha lotto a tarraingíodh ag deireadh na seachtaine agus níor baineadh póta óir an lotto. Beidh €2,800 sa phóta óir don seachtain seo.Bhain na daoine seo leanas €20 an ceann, Kate Schull, Cnocnagerragh, Liz Gallagher, Tully, Ann Maire Shovlin, Cronashallog, Claire O Donnell, Carnmore Road agus Rose Doherty, Quay Road. Bhain Siobhan Tracey €150 agus bhain Dim Melly, Leitir,  Rosaleen Melly, Leitir, Johnie Mc Gee, Gweedore, Sheila Sweeney, Kincasslagh agus John Boyle, Thatch, Burtonport, €100 ag an bingo.Congratulations to the following who won on the Club 200 draw. €1000, Phyllis Neely, Crickamore, €500, Harry Bradley, Cloughglass, €300, Brendan Boyle, Carnmore Road, €100, Nancy Gill, Glenties agus €100, Fred Sweeney, St. Peter Terrace.In the Division One League Match between Dungloe and Ardara played in Ardara at the weekend, Dungloe came out on top in both the Senior and Reserve games. In the Senior match, A Conor Greene penalty on the stroke of half time meant Dungloe entered at the break 1-6 to 2 points up. Some excellent defending in the first half saw Ardara just score 2 points in the opening period. A strong opening in the second half saw Dungloe hit the bar and score a point from a missed penalty. Dungloe added another 4 points in the second half for a deserved victory 1-10 to 0-8. Dungloe now lie in 8th place on 6 points ahead of Ardara and Malin.The reserves continued their fine start to the season with a narrow victory over Ardara on a score line of Dungloe 1-12 Ardara 1-11. A Ryan Connors goal proved crucial in the end. Dungloe are top of the Reserve league on 14 points, 2 points ahead of St. Michael’s, who have a game in hand. The Dungloe G.A.A Cul Camp will take place in the G.A.A pitch from Monday the 29th of June until Friday the 3rd of July. The camp is for boys aged 6 to 13 years of age and will entail coaching and matches in both football and hurling each day. The fee for the camp is €55 per child (family rates available) which includes camp gear. For bookings and further information contact John Ward on 086 6036406.Cork Hurling Stars Alan Cadogan and Conor Lehane, two current Cork county senior hurling players, will do a coaching session with Dungloe hurlers for all age group on Friday the 12th of June in the field at 4pm.Congratulations to the Under 14 hurlers and management team who defeated Four Masters in the county semi-final on a score of Dungloe 4-8 Four Masters 8 points. Dungloe/Gweedore will now play in the County Final on Thursday the 11th at 6.30 pm. Good luck to all those involved.The All Ireland Feile in the Under 14 hurling starts on Friday the 19th of June, check out the club Facebook for a fixture list of matches.Well done to Scoil Chroine on winning the Cumann na mBunscoil final against Aodh Ruadh. GAA NEWS: ADAM NEELY IN SUPERB FORM AS DUNGLOE EARN CRUCIAL WIN OVER ARDARA was last modified: June 9th, 2015 by Mark ForkerShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)Tags:dungloeGAANoticesSportlast_img read more