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Leader

first_imgRelated posts:No related photos. For example, during the Asian economic crisis of 1997 to2000, most global organisations in the region had to reorganise theirinfrastructure and standards in order to compete again internationally. This,of course, had huge implications for HR. Companies in the region have had torevolutionalise their people management systems and practices. For instance,many firms have been forced to reassess their long-term liabilities such aspension programmes, by setting pension limits and enforcing both employee andemployer contributions – something new for Asian companies. The other region that is facing huge change is Africa –especially South Africa. While recognising the need for globalisation, itunderstands the need for self-help and self-enhancement. At last year’s annualconference, the Institute of People Management South Africa highlighted theneed for globalisation, but it recognised that to do that it had to strengthenthe basic infrastructure as well as upgrade the general education standard ofits population. Globalisation has already thrown up some interestingchallenges: the war for talent versus the lay-off culture; the few elitewinners versus the majority; the role of HR as passive supporter versus activechange agent; the struggle between managing change versus managing growth;intellectual capital versus cost and burden; diversity versus homogeneity – thelist is endless. And we in HR have to help our organisations to deal with thesedilemmas. Undoubtedly, it is HR’s job to help firms cope with thechallenges of globalisation. We have to find new ways of doing things. We needa new perspective on employment relationships, a new meaning of trust andloyalty at work, and we need to shift the definition of values in themanagement of international workforces in the light of continued frustration resultingfrom discrepancies among different standards, cultures and legal frameworks indifferent locations. But most importantly, the HR profession must re-engineerits role and function. We need to ask ourselves questions like who are wereally accountable to – management, employees, shareholders or the public? Many organisations have also had to re-examine theirtraining and education systems and their ability to catch up with technologicaladvances. There was the question of whether existing workforces had thecompetencies to adapt, especially in the light of lay-offs and the blameculture. National governments did their bit: for example, Hong Kong, Singaporeand China relaunched the importance of lifelong learning; Taiwan and Malaysiarefocused their technological competencies to bridge the knowledge gaps. Korea,too, is retuning the mind-set of its workforce. As the South African economy has realised, globalisationwill only produce positive results when the basics of every economy are soundand functional. Of course, these challenges depend on which part of the worldwe are in. While the more developed locations are focusing on the fundamentalsof human values and global workforce management, developing countries are stillcatching up. Take Thailand, which is still struggling to restructure itseconomy, or China with its big push on World Trade Organisation initiatives. Infact, most emerging markets like these are at different stages of development.And companies venturing into these countries have to be sensitive to them. Comments are closed. Previous Article Next Article Now that we are in the midst of globalisation, the Societyfor Human Resource Management’s (SHRM) Global Forum this month will provide agolden opportunity for hundreds of its members from over 25 countries tonetwork and discuss what this means for international HR. There are so many questions that need answers. And althoughthere are no fixed formulas, they have to be brought to the discussion table.The SHRM Global Forum conference is timely and carefully designed with theseissues in mind. And I am confident that it will provide the perfect platformfor collective thinking and for working out creative and pragmatic solutionsfor the brave new world of tomorrow. Of course, the Asian crisis left millions of unemployedworkers feeling insecure. That, coupled with a dramatic drop in purchasingpower due to weakening currencies, created tremendous tensions, stress andanxiety within the Asian economies, especially among the lower-skilled workers.As a result, there is an increasing need for firms in the region to deal withmental health problems, psychological disorders and violence – relatively newphenomena in the Asian workplace. LeaderOn 1 Apr 2001 in Personnel Today As HR professionals gather for April’s SHRM Global Forum inChicago, Eddie HK Ng, president of the World Federation of PersonnelManagement, considers how the challenges of globalisation vary in the developedand developing world last_img read more

Executive Director, Hospitality

first_imgQualifications Physical Requirements Posting Details Syracuse is a medium-sized city situated in the geographic centerof New York State approximately 250 miles northwest of New YorkCity. The metro-area population totals approximately 500,000. Thearea offers a low cost of living and provides many social,cultural, and recreational options, including parks, museums,festivals, professional regional theater, and premier shoppingvenues. Syracuse and Central New York present a wide range ofseasonal recreation and attractions ranging from water skiing andsnow skiing, hiking in the Adirondacks, touring the historic sites,visiting wineries along the Finger Lakes, and biking on trailsalong the Erie Canal. Job Posting Date01/20/2021 Quick Linkhttps://www.sujobopps.com/postings/85816 Responsibilities Syracuse University is a private, international research universitywith distinctive academics, diversely unique offerings and anundeniable spirit. Located in the geographic heart of New YorkState, with a global footprint, and nearly 150 years of history,Syracuse University offers a quintessential collegeexperience.The scope of Syracuse University is a testament to its strengths: apioneering history dating back to 1870; a choice of more than 200majors and 100 minors offered through 13 schools and colleges;nearly 15,000 undergraduates and 5,000 graduate students; more thana quarter of a million alumni in 160 countries; and a studentpopulation from all 50 U.S. states and 123 countries. For moreinformation, please visit www.syracuse.edu. EEOC Syracuse University has a long history of engaging veterans and themilitary-connected community through its educational programs,community outreach, and employment programs. After World War II,Syracuse University welcomed more than 10,000 returning veterans toour campus, and those veterans literally transformed SyracuseUniversity into the national research institution it is today. TheUniversity’s contemporary commitment to veterans builds on thishistorical legacy, and extends to both class-leading initiativesfocused on making an SU degree accessible and affordable to thepost-9/11 generation of veterans, and also programs designed toposition Syracuse University as the employer of choice for militaryveterans, members of the Guard and Reserve, and military familymembers. Job Specific Qualifications Job TypeFull-time CampusSyracuse, NY DepartmentBusiness Operations – Auxiliary Services About Syracuse University The Executive Director of Hospitality is responsible forcoordinating and administrating all hospitality needs for theUniversity community. This includes, but is not limited to,Residential Dining, Catering, Concessions and RetailOperations.The Executive Director will manage, lead and develop a highlyfunctioning hospitality team, be responsible for managing clientrelationships, and ensure profitability of the department. Identifyrevenue enhancement opportunities such as new service venues,expanded product offerings and incorporating the latest trends infood service. The Executive Director of Hospitality will tailorservices to the Syracuse community and drive continual improvementwithin all outlets to meet best in class benchmarks. Tools/Equipment Lead and supervise a team in the Auxiliary Services’ department ofFood Services including Residential Dining, Catering, Concessionsand Retail Operations. Lead the department’s efforts to ensure thefiscal success of hospitality services in accordance withUniversity policies, goals, and objectives.Participate in the annual budgeting process with the AuxiliaryServices Director of Budget and Finance including ongoingmanagement and analysis to ensure accuracy and achieving budgetarymilestones and targets. Develop a 10-year long range plan forhospitality services including capital project planning andequipment replacements. Identify efficiencies and implement costcontrol strategies to improve profitability.Ensure that the food and service offered to the students, staff,faculty, alumni, and guests is of superior quality. Review andanalyze franchise contracts and food offerings to ensure qualityproducts and services. Partner with trade organizations such asCulinary Institute of America, National Association of College andUniversity Food Services.Provide support and oversight of the annual NY State HealthDepartment inspection and licensing of all Food Servicesoperations. Direct and conduct safety, sanitation, and maintenanceprograms to ensure safety of all students, family, staff, faculty,guests and clientsFoster strong inter-departmental relations and integrate thehospitality services department with the campus community. Interactwith various departments, committees, student organizations andalumni. Maintain excellent relationships with students, family,staff, faculty, guests, and clients, as well as other stakeholderswithin the community and University. Maintain positive publicrelations with the Syracuse University community, including thestudent body, faculty, administration and support staff. Holdperiodic meetings with the Division of Enrollment and StudentExperience, Student Government and other student groups, campusdepartments, and organizations regarding hospitality services.Represent Food Services during all union grievances and engage withthe union on a regular basis. Pay RangeCommensurate with Experience Hours Department Code33000-7361 In addition to completing an online application, please attach aresume and cover letter.center_img A Bachelor’s degree in Hospitality/Restaurant Management or relatedfield. Minimum of five years of proven leadership expertise with aminimum of ten years of direct food service operational managementexperience. Higher education experience is required. Full Consideration By Application Deadline Job CategoryStaff Job TitleExecutive Director, Hospitality Standard University business hours8:30am – 5:00pm (academic year)8:00am – 4:30pm (summer)Hours may vary based on operational needs. About the Syracuse area Job Description FLSA StatusExempt Excellent written and communication skills, strong organizationaland leadership skills.Strong financial acumen.Experience operating both high volume and high-quality foodestablishments. Knowledge of inventory control andpurchasing.Experience within a college and university setting.Strong knowledge of food and catering trends with a focus onquality, production, sanitation, food cost controls, andpresentation.Experience negotiating with and managing vendors to provideservices within the food service space.Knowledge of P&L accountability and contract-managed serviceexperience is desirable. SERV Safe® certified a plus.Effective organizational and planning skills.Effective leadership and supervisory skills.Ability to work a varied schedule to meet operational needs.Must be forward thinking, entrepreneurial and proactive. Commitment to Supporting and Hiring Veterans LocationSyracuse, NY Commitment to a Diverse and Inclusive Campus Community Staff LevelS7 Message to Applicants Syracuse University maintains an inclusive learning environment inwhich students, faculty, administrators, staff, curriculum, socialactivities, governance, and all other aspects of campus lifereflect a diverse, multi-cultural, and international worldview. TheUniversity community recognizes and values the many similaritiesand differences among individuals and groups. At Syracuse, we arecommitted to preparing students to understand, live among,appreciate, and work in an inherently diverse country and worldmade up of people with different ethnic and racial backgrounds,military backgrounds, religious beliefs, socio-economic status,cultural traditions, abilities, sexual orientations and genderidentities. To do so, we commit ourselves to promoting a communitythat celebrates and models the principles of diversity andinclusivity. Syracuse University is an equal-opportunity, affirmative-actioninstitution. The University prohibits discrimination and harassmentbased on race, color, creed, religion, sex, gender, nationalorigin, citizenship, ethnicity, marital status, age, disability,sexual orientation, gender identity and gender expression, veteranstatus, or any other status protected by applicable law to theextent prohibited by law. This nondiscrimination policy coversadmissions, employment, and access to and treatment in Universityprograms, services, and activities. Unionized Position CodeNot Applicable Application Instructions Job #036765last_img read more

Surfers Supplies: Still Stoked After 54 years

first_imgThe Iconic Surfers Supplies Store on Asbury AvenueThe question is posed across the front of a classic Surfers Supplies t-shirt.“Where were you in ’62?”Well, John F. Kennedy was in the White House. Astronaut John Glenn was orbiting the earth in the Friendship 7 space capsule. And Wilt Chamberlain was in Hershey Pa., scoring 100 points in an NBA game against the New York Knicks.And though many if not most of Surfers Supplies’ customers would answer the query “I was still decades away from being born,” Ocean City’s original surf shop was in the exact same place it is today: 3101 Asbury Avenue. The iconic building doesn’t look much different than when the store founder, the late George Gerlach, opened its doors shortly after one of his first rides on a wooden long board that Gerlach built himself.Surfers Supply is continuing George’s legacy by providing friendly, knowledgeable service from a staff of committed surfers headed by the current co-owners Greg Beck and Andrew Funk. They are surfers who get out in the water every chance they get, and former longtime employees of Gerlach, a member of the East Coast Surfing Hall of Fame. “It’s very important to never lose sight of our core values,” said Beck, who has worked in the shop for more than 30 years and co-owned it with Funk for 12 years, “but at the same time we must keep pace with the ever-changing aspects that affect retail.”That means embracing a wide range of marketing tools from social media to on-line ordering and re-designing the store’s website. The shop also offers high tech services including a 30th St. Beach web cam, online and telephone wave reports and weather forecasting.Funk is the wave-forecasting expert who provides long term outlooks on the website www.surferssupplies.com and daily reports on the “surf hotline.”“Andrew knows what those swells out in the ocean mean for our own coastline,” Beck said. “He has the overall knowledge and the ability to say what that means locally.  There are a lot of different services out there that will provide highly technical information, but Andrew knows how to talk to surfers.”The real secret to Surfers Supplies’ success is its helpful customer service, which helps the store stand out and keeps it relevant in a highly competitive market that includes not only other surf shops, but also big box stores and of course cyber-shopping.Surfers Supplies enjoys a unique niche catering to all things surfing: all types of boards, long and short, new and used and stand up paddle. They also carry a complete line of clothing, surf fashions, skate supplies and other gear.George Gerlach founder of Surfers SuppliesThe building itself is a customer draw. Back in the day, Gerlach needed a place with 10-ft. ceilings to accommodate long boards because “that’s all there were back then,” Greg says with a laugh. “The building dates back to 1915, so it already had a lot of character to it when George first opened.” And now those ceilings come into play again as retro boards have increased in popularity. Even the sign above the storefront windows add to the charm: a wooden landmark in its own right, hand-crafted by Gerlach.Beck said this winter has been a solid one for area surfing beaches and offering a full line of wetsuits and wetsuit accessories is “a priority”. However, he and Funk are “stoked for some new boards and product lines” they will be offering for the spring and summer season.They also offer surf lessons and surf camps through the Ocean City Surf School. More information is available at www.oceancitynjsurfschool.com or by calling 609-736-0131.“When people come in our shop it’s a vibe. Again, it all goes back to what George started. “He was a very honest businessman who could make anyone feel comfortable.  It can be intimidating coming into a surf shop as a non-surfer, for example a parent trying to buy something for their kid.  George made surfers and non-surfers alike feel great. He always said that if you take care of the people who come in, the business part (will take care of itself).”At the corner of 31st and Asbury, it’s been that way since ’62.last_img read more

Costa to continue UK expansion

first_imgCosta Coffee has revealed its plans to open another 130 stores in the UK during 2010/2011, although its main focus will be on expanding its international business.The UK chain, which revealed an operating profit increase of almost 60% for the full year to 4 March, 2010, opened 312 net new shops over the year, 188 of which were in the UK, increasing its total network by 24%. The coffee chain also gained 88 Coffeeheaven stores in Central Europe with the acquisition of the Coffeeheaven, which was completed in the final quarter of 2009/2010.Its international focus will be in the key markets of China, India, Russia, the Middle East and Central Europe, according to parent company Whitbread.Sales at Costa increased by 23.4%, with like-for-like sales up 5.5%. The firm said one of the key drivers behind the growth was independent research that showed seven out of 10 coffee lovers preferred Costa’s cappuccino, which Costa subsequently used as a key message in its advertising.Its flat white coffee has also performed well, with over one million sales since its launch in January this year.The firm said its UK growth will come from new high street locations, additional stores in established retail outlets, such as its partnership with Tesco and through bringing the Costa experience to hospitals and universities.Costa currently has 1,600 outlets worldwide.last_img read more

Dave Matthews Band Welcomes Susan Tedeschi To Help Cover ‘Cortez The Killer’ In Jacksonville [Watch]

first_imgDave Matthews Band was at the Vystar Veterans Memorial Arena in Jacksonville, FL on Wednesday for the second performance on their current 2019 spring/summer tour. The popular rock band is known for welcoming a mix of special guests to join them on stage every now and then, and Wednesday’s show happened to be one of those nights as DMB surprised attendees with a special sit-in from Tedeschi Trucks Band vocalist, Susan Tedeschi.Tedeschi, who calls Jacksonville home when she’s not on tour with her own band, came to the stage to join Matthews and company about halfway through their 21-song set for a cover of Neil Young‘s “Cortez The Killer”.Related: Dave Matthews Band Shares Pro-Shot Video Of “Funny the Way It Is” From 2018 Tour [Watch]Matthews could be seen with his hands raised in the air with excitement as Tedeschi appeared from backstage with her own guitar in hand. Tedeschi didn’t waste any time in diving into their performance of the 1975 Neil Young tune, by riffing away on her electric guitar during the song’s intro, while Matthews supported her lead lines on his acoustic. Following a few minutes of jamming to start the song, Tedeschi approached the mic to start on the opening lyrics. Following the first verse, Tedeschi then took the audience on a melodic ride with a wonderfully-soulful guitar solo. DMB keyboardist Buddy Strong also followed up with an impressive organ solo of his own, allowing the song’s performance to stretch out to the 11-minute mark. Fans can watch the entire guest sit-in from Wednesday’s show below.Dave Matthews Band with Susan Tedeschi – “Cortez The Killer” – 5/1/2018[Video: Eric Stephenson]The band’s spring-into-summer run continues this weekend with an appearance at the New Orleans Jazz & Heritage Festival on Saturday. Fans can visit the band’s website for the full list of upcoming tour dates and ticket info.last_img read more

Notre Dame law professor reflects on legacy of Justice Scalia

first_imgIn the midst of the fight in Washington over the nomination of Judge Merrick Garland to the Supreme Court following the death of Justice Antonin Scalia, the Young Americans for Freedom hosted the O’Toole Professor of Constitutional Law at Notre Dame, Anthony J. Bellia Jr., to discuss the legacy of Justice Scalia, a man who Bellia called the “the second most influential conservative of the twentieth century behind Ronald Reagan.” Chris Collins | The Observer Anthony J. Bellia Jr., former clerk for Supreme Court Justice Antonin Scalia, explores the lingering implications of Scalia’s death on future Supreme Court rulings in a lecture Wednesday night.Bellia said there were major differences between the Federalists, who supported the implementation of a strong court, and the Anti-Federalists who feared the power of an unelected body with such great sway.“Justice Scalia, in a sense, was the modern day torchbearer of the argument that courts should have a self imposed limited role in the way that they decide cases,” Bellia said.“Justice Scalia’s primary legacy is that he was a proponent, of when it came to the constitution, giving effect to its original meaning, how is the constitution understood as a public matter at the time it was adopted, when it came to statutes, he was in favor of textualism,” Bellia said.Bellia said Scalia’s approach approach towards interpreting the constitution, followed a doctrine called “original public meaning.”Scalia believed, according to Bellia, that “what is relevant is not the intent of those who drafted it, it’s the meaning that the public would’ve understood it to have when it was ratified.”“As he applied this approach throughout the years, it led him to many results that were not particularly conservative or liberal,” Bellia said. “There are many opinions he wrote enforcing constitutional rights in a way that reached quite liberal outcomes.”Bellia said Scalia believed in textualism.“When it came to interpreting statutes, not the constitution but acts that are passed by congress, you have a similar debate, but not exactly the same one, Justice Scalia was a textualist, he believed that federal judges should try, in interpreting federal statutes, to give them a meaning that reflected the natural or ordinary meaning of the textual language,” Bellia said. Bellia said the vacant bench on the court left by Scalia’s death could have significant effects on U.S. law.“There are a whole series of cases dealing with congressional power, they are big cases and they were all decided 5-4, with four justices in dissent all saying that if we get the votes, were going to overturn this.  On many issues the court is 4-4, if Judge Garland is confirmed … those cases I predict will all flip,” Bellia said. Tags: Scalia, Supreme Court, young americans for freedomlast_img read more

New Doug Wright Play & More On Tap For Atlantic’s 2014-15 Season

first_img Additionally, ATC will stage two musicals as part of the company’s “Atlantic For Kids” series. Ivy & Bean, The Musical, featuring music and lyrics by Scott Elmegreen and based on the books by Annie Barrows, will play weekend mornings from October 10 through November 9. Camp Kappawanna, set to play weekend mornings beginning March 21, 2015 through April 12, will feature music and lyrics by Grammy nominee Lisa Loeb, Michelle Lewis and Dan Petty and a book by Cusi Cram and Peter Hirsch. The American premiere of Moira Buffini’s Dying For It, adapted from Nikolai Erdman’s The Suicide, will begin performances at the Linda Gross Theater on December 17 and run through January 25, 2015, officially opening on January 8. Neil Pepe directs the play that satirizes the hypocrisy and illogic of Soviet life experienced by a man down on his luck. The world premiere of Guards at the Taj comes next at the Linda Gross, written by Rajiv Joseph, who was named a Pulitzer Prize finalist for Bengal Tiger at the Baghdad Zoo in 2010. The play, which follows two Imperial Guards in 1648 India, wil begin performances on May 6, 2015 and run through June 14. Doug Wright, who won a Tony and Pulitzer for I Am My Own Wife, will direct the world premiere of his play Posterity. Running from February 25, 2015 through April 5 at the Linda Gross Theater, the play explores the nature of artistic success and the fear of being forgotten as Norway’s most celebrated sculptor prepares to commission a portrait of Henrik Ibsen. The season will conclude with two of David Mamet’s short plays, The Shawl and Prairie Du Chien, which both explore the toll of death and murder. The revival will play Atlantic Stage 2 from May 27, 2015 through June 21, with opening night set for June 9. The Atlantic Theater Company has announced its complete 2014-2015 season, which will include two world premieres from a Pulitzer winner and a Pulitzer finalist: Doug Wright’s Posterity and Rajiv Joseph’s Guards at the Taj. Also joining the lineup is a revival of David Mamet’s two haunting short plays The Shawl and Prairie Du Chien. View Comments At Atlantic Stage 2, the world premiere of I’m Gonna Pray For you So Hard by Halley Feiffer will play from January 7, 2015 through February 8, with opening night scheduled for January 20. The dark comedy, helmed by Trip Cullman, tells the story of an actress and her famous playwright father as they attempt to find common ground as they deliberate over reading reviews of her off-Broadway debut. As previously announced, the ATC season will kick off with Found, a new musical featuring a book by Tony nominee Hunter Bell and Lee Overtree and a score by Eli Bolin. Performances will run from September 18 through November 9 at the Linda Gross Theater, with opening night set for October 14.last_img read more

Granite gases

first_imgIf high, test againIf the first test results show a high reading, a second test isrecommended to get an average of the two.”We provide a $6.99 coupon for the second test,” she said.If the average results of the two tests are above 4 pCi/L, the EPAaction level, the homeowner is provided with a booklet thatexplains how to fix a radon problem and a list of certified Georgiamitigators. Mitigation involves the installation of a ventilationsystem that will reduce radon concentration in the indoor air,Bennett said.”The system essentially sucks air from beneath the footprint of thehome and vents it above the roof line,” she said. Current averagecost for fixing a home for radon is around $1,800.”That may sound expensive, but compared to the cost of a humanlife, it’s not high,” Bennett said. “After all, how do you put avalue on a human life? And you have to think about the high cost ofmedical care for lung cancer.”If you are building a new home, a passive mitigation system can beinstalled for $300 to $500.The Georgia Radon Education Program is funded by the EPA inpartnership with the UGA College of Family and Consumer Sciences, thePollution Prevention and Assistance Division of the GeorgiaDepartment of Natural Resources and Southface Energy Institute.For more information on the radon education program, visitwww.gafamilies.com/housing/radon. To order a free radon test kitfrom your local county Extension office, call 1-800-ASK-UGA1. By Sharon OmahenUniversity of GeorgiaGeorgia is known for its granite, but this beautiful resource alsomay contain radon, a gas that kills more than 600 Georgians eachyear.Radon is the second leading cause of lung cancer in the UnitedStates and the leading cause of lung cancer in nonsmokers. It is aninvisible, odorless, radioactive gas that occurs naturally in rockand soil. It enters homes through cracks and other openings in homefoundations. “We have a lot of granite in Georgia and the likelihood of havingtrace uranium is very likely,” said Ginger Bennett, one of threeradon educators working through University of Georgia CooperativeExtension. Natural breakdownRadon is a result of the natural breakdown of uranium in soil androck. Uranium takes a long time to decay. Radon gas is one of thelast stages.Through a U.S. Environmental Protection Agency grant, complementaryradon test kits are available to Georgia homeowners from theirlocal Extension office. The kit comes with an envelope containingactivated charcoal. It should be hung for three days in the lowestoccupied level of a home.”There’s always going to be a higher reading closer to the dirt,”she said. “However, if you don’t spend any time in your basement,don’t test there.”After the envelope has hung for three full days, the test kitshould be mailed immediately to a laboratory because theradioactive substance in it decays quickly. This will insure a moreaccurate result.Within 10 days, the homeowner will receive a report via mail or e-mail.last_img read more

UN Mission in Haiti Will Be Smaller, Refocused

first_img I understand that UN has had a presence in Haiti for several years ago. I wonder what were the positive results that this presence has left to the country? Or staff members have only gone on to receive dollars for their presence? The UN Stabilization Mission in Haiti is likely to be renewed but with fewer staff and refocusing on training Haiti’s police, a diplomat said on October 3. MINUSTAH’s current mandate runs through October 15. UN Secretary General Ban Ki-moon recommended in a report that its staff shrink from 7,340 to 6,270 and its police force be reduced from 3,241 to 2,601 by June 2013. Guatemala’s UN Ambassador Gert Rosenthal, who leads the Security Council this month, said: “There was unanimity regarding the need for an extension of Minustah for another year and on the recommendations of the secretary general to move away from peacekeeping towards strengthening the police force in Haiti. “It is a recognition of the progress domestically in terms of the formation of a new government, which seems to be working in a coherent manner and enacting a process of constitutional amendment,” he added. Rosenthal said he expected the mission renewal vote “some time next week.” Haitian President Michel Martelly took the helm of the poorest country in the Americas in May 2011. His government is still grappling with the aftermath of the January 2010 quake, which killed more than 225,000 people, destroyed much of the capital, Port-au-Prince, and left hundreds of thousands homeless. By Dialogo October 05, 2012last_img read more

Proposed unbundled legal services rules

first_img Proposed unbundled legal services rules July 15, 2002 Notices On March 13, 2002 Chief Justice Charles T. Wells sent a letter to Terrance Russell as president of The Florida Bar regarding the report of the Unbundled Legal Services Special Committee filed with the Court on October 4, 2001. In the letter, the Court requested that The Florida Bar provide proposed rules regarding unbundled legal services for the Court’s consideration. Specifically, the Court requested The Florida Bar “to submit proposed recommendations for changes to the ethical rules, including commentary to the ethical rules, to codify the Professional Ethics Committee’s opinion regarding the propriety of a lawyer engaging in limited out-of-court representation.” The Court further directed that “the proposed recommendation should also address changes to the Family Law Rules of Procedure regarding the subject of limited in-court representation in family law matters.” The Court requested that the rules be provided for the Court’s consideration no later than September 1, 2002. As a result, the Unbundled Legal Services Special Committee II is proposing amendments to Rules 4-1.2, 4-4.2 and 4-4.3 of the Rules Regulating The Florida Bar. New rule 12.040 is also being proposed to be added to the Family Law Rules of Procedure. The proposed amendments comply with the Court’s request and will be considered by the Board of Governors at the August, 2002 meeting. The proposed amendments are in draft form only and are subject to change. What follows is not yet final. RULE 4-4.3 DEALING WITH UNREPRESENTED PERSONS (a) In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding. (b) An otherwise unrepresented person to whom limited representation is being provided or has been provided in accordance with the rule on scope of representation is considered to be unrepresented for purposes of this rule unless the opposing lawyer knows of, or has been provided with, a written notice of appearance under which, or a written notice of time period during which, the opposing lawyer is to communicate with the limited representation lawyer as to the subject matter within the limited scope of the representation. Comment An unrepresented person, particularly one not experienced in dealing with legal matters, might assume that a lawyer is disinterested in loyalties or is a disinterested authority on the law even when the lawyer represents a client. During the course of a lawyer’s representation of a client, the lawyer should not give advice to an unrepresented person other than the advice to obtain counsel. RULE 4-4.2 COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL (a) In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer. Notwithstanding the foregoing, an attorney may, without such prior consent, communicate with another’s client in order to meet the requirements of any court rule, statute or contract requiring notice or service of process directly on an adverse party, in which event the communication shall be strictly restricted to that required by the court rule, statute or contract, and a copy shall be provided to the adverse party’s attorney. (b) An otherwise unrepresented person to whom limited representation is being provided or has been provided in accordance with the rule on objectives and scope of representation is considered to be unrepresented for purposes of this rule unless the opposing lawyer knows of, or has been provided with, a written notice of appearance under which, or a written notice of time period during which, the opposing lawyer is to communicate with the limited representation lawyer as to the subject matter within the limited scope of the representation. Comment This rule does not prohibit communication with a party, or an employee or agent of a party, concerning matters outside the representation. For example, the existence of a controversy between a government agency and a private party, or between 2 organizations, does not prohibit a lawyer for either from communicating with nonlawyer representatives of the other regarding a separate matter. Also, parties to a matter may communicate directly with each other and a lawyer having independent justification for communicating with the other party is permitted to do so. Communications authorized by law include, for example, the right of a party to a controversy with a government agency to speak with government officials about the matter.In the case of an organization, this rule prohibits communications by a lawyer for 1 party concerning the matter in representation with persons having a managerial responsibility on behalf of the organization and with any other person whose act or omission in connection with that matter may be imputed to the organization for purposes of civil or criminal liability or whose statement may constitute an admission on the part of the organization. If an agent or employee of the organization is represented in the matter by the agent’s or employee’s own counsel, the consent by that counsel to a communication will be sufficient for purposes of this rule. Compare rule 4-3.4(f). This rule also covers any person, whether or not a party to a formal proceeding, who is represented by counsel concerning the matter in question. RULE 4-1.2 OBJECTIVES AND SCOPE OF REPRESENTATION (a) Lawyer to Abide by Client’s Decisions. A lawyer shall abide by a client’s decisions concerning the objectives of representation, subject to subdivisions (c), (d), and (e), and shall consult with the client as to the means by which they are to be pursued. A lawyer shall abide by a client’s decision whether to make or accept an offer of settlement of a matter. In a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial, and whether the client will testify. (b) No Endorsement of Client’s Views or Activities. A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social, or moral views or activities. (c) Limitation of Objectives and Scope of Representation. A If otherwise permitted by law or rule, a lawyer and client may agree to limit the objectives or scope of the representation if the limitation is reasonable under the circumstances and the client consents, preferably in writing, after consultation. If the attorney and client agree to limit the scope of the representation, the lawyer shall advise the client regarding applicability of the rule prohibiting communication with a represented person. (d) Criminal or Fraudulent Conduct. A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows or reasonably should know is criminal or fraudulent. However, a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning, or application of the law. (e) Limitation on Lawyer’s Conduct. When a lawyer knows or reasonably should know that a client expects assistance not permitted by the Rules of Professional Conduct or by law, the lawyer shall consult with the client regarding the relevant limitations on the lawyer’s conduct. Comment Scope Objectives of representationBoth lawyer and client have authority and responsibility in the objectives and means of representation. The client has ultimate authority to determine the purposes to be served by legal representation, within the limits imposed by law and the lawyer’s professional obligations. Within those limits, a client also has a right to consult with the lawyer about the means to be used in pursuing those objectives. At the same time, a lawyer is not required to pursue objectives or employ means simply because a client may wish that the lawyer do so. A clear distinction between objectives and means sometimes cannot be drawn, and in many cases the client-lawyer relationship partakes of a joint undertaking. In questions of means, the lawyer should assume responsibility for technical and legal tactical issues but should defer to the client regarding such questions as the expense to be incurred and concern for third persons who might be adversely affected. Law defining the lawyer’s scope of authority in litigation varies among jurisdictions.In a case in which the client appears to be suffering mental disability, the lawyer’s duty to abide by the client’s decisions is to be guided by reference to rule 4-1.14. Independence from client’s views or activitiesLegal representation should not be denied to people who are unable to afford legal services or whose cause is controversial or the subject of popular disapproval. the same token representing a client does not constitute approval of the client’s views or activities. Services limited in objectives , scope or meansThe objectives or scope of services provided by a lawyer may be limited by agreement with the client or by the terms under which the lawyer’s services are made available to the client. For example, a retainer may be for a specifically defined purpose. Representation provided through a legal aid agency may be subject to limitations on the types of cases the agency handles. When a lawyer has been retained by an insurer to represent an insured, the representation may be limited to matters related to the insurance coverage. The terms upon which representation is undertaken may exclude specific objectives or means. Such limitations may exclude objectives or means that the lawyer regards as repugnant or imprudent , or which the client regards as financially impractical. Although this rule affords the lawyer and client substantial latitude to limit the representation if otherwise permitted by law or rule, the limitation must be reasonable under the circumstances. If, for example, a client’s objective is limited to securing general information about the law the client needs in order to handle a common and typically uncomplicated legal problem, the lawyer and client may agree that the lawyer’s services will be limited to a brief consultation. Such a limitation, however, would not be reasonable if the time allotted was not sufficient to yield advice upon which the client could rely. In addition, a lawyer and client may agree that the representation will be limited to providing assistance out of court, including providing advice on the operation of the court system and drafting pleadings and responses. If the lawyer assists a pro se litigant by drafting any document to be submitted to a court, the lawyer is not obligated to sign the document. However, the lawyer must indicate “Prepared with the assistance of counsel” on the document to avoid misleading the court that otherwise might be under the impression that the person, who appears to be proceeding pro se, has received no assistance from a lawyer. If otherwise permitted by law or rule, a lawyer and client may agree that any representation in court be limited. For example, a lawyer and client may agree that the lawyer will represent the client at a hearing regarding child support and not at the final hearing or in any other hearings. Regardless of the circumstances, a lawyer providing limited representation forms an attorney-client relationship with the pro se litigant, and owes the client all attendant ethical obligations and duties imposed by the Rules Regulating The Florida Bar, including, but not limited to, duties of competence, communication, confidentiality and avoidance of conflicts of interest. Although an agreement for limited representation does not exempt a lawyer from the duty to provide competent representation, the limitation is a factor to be considered when determining the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.An agreement concerning the scope of representation must accord with the Rules of Professional Conduct and law. Thus, the client may not be asked to agree to representation so limited in scope as to violate rule 4-1.1 or to surrender the right to terminate the lawyer’s services or the right to settle litigation that the lawyer might wish to continue. Criminal, fraudulent, and prohibited transactions A lawyer is required to give an honest opinion about the actual consequences that appear likely to result from a client’s conduct. The fact that a client uses advice in a course of action that is criminal or fraudulent does not, of itself, make a lawyer a party to the course of action. However, a lawyer may not assist a client in conduct that the lawyer knows or reasonably should know to be criminal or fraudulent. There is a critical distinction between presenting an analysis of legal aspects of questionable conduct and recommending the means by which a crime or fraud might be committed with impunity.When the client’s course of action has already begun and is continuing, the lawyer’s responsibility is especially delicate. The lawyer is not permitted to reveal the client’s wrongdoing, except where permitted or required by rule 4-1.6. However, the lawyer is required to avoid furthering the purpose, for example, by suggesting how it might be concealed. A lawyer may not continue assisting a client in conduct that the lawyer originally supposes is legally proper but then discovers is criminal or fraudulent. Withdrawal from the representation, therefore, may be required.Where the client is a fiduciary, the lawyer may be charged with special obligations in dealings with a beneficiary.Subdivision (d) applies whether or not the defrauded party is a party to the transaction. Hence, a lawyer should not participate in a sham transaction; for example, a transaction to effectuate criminal or fraudulent escape of tax liability. Subdivision (d) does not preclude undertaking a criminal defense incident to a general retainer for legal services to a lawful enterprise. The last sentence of subdivision (d) recognizes that determining the validity or interpretation of a statute or regulation may require a course of action involving disobedience of the statute or regulation or of the interpretation placed upon it by governmental authorities. 12.040. ATTORNEYS (a) Limited Appearance. An attorney of record for a party, in a family law matter governed by these rules, shall be the attorney of record throughout the same family law matter, unless at the time of appearance the attorney files a notice, signed by the party, specifically limiting the attorney’s appearance only to the particular proceeding or matter in which the attorney appears. (b) Withdrawal or Limiting Appearance. (1) Prior to the completion of a family law matter or prior to the completion of a limited appearance, an attorney of record, with approval of the court, may withdraw or partially withdraw, thereby limiting the scope of the attorney’s original appearance to a particular proceeding or matter. A motion setting forth the reasons must be filed with the court and served upon the client and interested persons. (2) The attorney shall remain attorney of record until such time as the court enters an order, except as set forth in paragraph (c) below. (c) Scope of Representation. If an attorney appears “of record” for a particular limited proceeding or matter, as provided by this rule, that attorney shall be deemed “of record” for only that particular proceeding or matter. At the conclusion of such proceeding or matter, the attorney’s role terminates without the necessity of leave of court, upon the attorney filing notice of completion of limited appearance. The notice, which shall be titled “Termination of Limited Appearance,” shall include the names and last known addresses of the person(s) represented by the withdrawing attorney. (d) Preparation of Documents. A party who files a pleading or document of record pro se shall certify whether or not the party has received assistance from an attorney in the preparation of the pleading or document. The name, address and phone number of the party shall appear on all pleadings or documents filed with the court. (e) Notice of Limited Appearance. Any document or notice filed by a limited appearance attorney shall state in bold type on the face of that document or notice: “Attorney for [Petitioner][Respondent] for the limited purpose of [matter or proceeding].” (f) Service. During the attorney’s limited appearance, service of documents related to that matter shall be served upon both the attorney and the party.center_img Proposed unbundled legal services ruleslast_img read more