Conflict Of Interest Rules

Question: Conflict of interest rule 1.9? I need to know if it is lawful for an attorney to represent a client in a criminal case that had represented the plantiff that is accussing the defendant in a civil case, child support. The plaintiff is a witness in this case. Whose loyalty does the attorney serve if the case is dropped ?

Answer: It depends upon the state in which this takes place. Different states have differing views on successive representation conflicts.

Question: Robert's Rules Conflict of Interest? If there are 8 members on a board, and 5 are of potential conflict of interest, how can a motion be passes with the remaining 3 members on the board?

Answer: Robert's Rules doesn't specifically say that those who have declared a conflict need to leave the meeting. Therefore they would declare the conflict and remain in the meeting to maintain quorum. The remaining three members would vote on the motion. In a case where the organization has a rule in place that indicates those members who declare a conflict must leave the meeting, Robert's allows for a suspension of a rule if that rule conflicts with the completion of business. In this case, when the matter comes up on the agenda, a member would move for a suspension of the rule forcing those in conflict leave the meeting. The chair would take a vote. Two-thirds vote (6 of the 8) need to agree in order for the suspension to take place. Once this motion is passed, those in conflict declare but remain in the meeting and the remaining three members debate and vote on the motion.

Question: Why do the rules of horse racing allow a jockey to bet against his mount. Isn't that a conflict of interest?

Answer: Each state has their own set of Rules of Racing, and in the United States, virtually every state that has legal Pari-Mutuel wagering has a rule that prohibits jockeys or harness race drivers from betting on ANY horse, including their own. I don't know where you got the idea that a jockey can bet against his own mount, but it isn't true. He can't even bet on his own mount, not legally. And he could be subject to penalties including suspension, fine, or loss of license if he does bet. From the California Horse Racing Board website, Rule 1971: http://www.chrb.ca.gov/policies_and_regulations/CalRules6-2006.pdf "1971. Wagering by Jockey or Driver. "No jockeys or drivers shall make any wagers, or have any wagers made in their behalf, in any race in which they participate, except through the owners or trainers on the horses which they ride or drive. Any owners or trainers wagering for such jockeys or drivers shall maintain records of all such wagers and all other presents or other gratuities given any jockeys or drivers. Such records will be furnished to the stewards or the Board or its investigators upon demand. "NOTE: Authority cited: Section 19590, Business and Professions Code. Reference: Sections 19590 and 19593, Business and Professions Code." So not only can a jockey not bet against his mount, he can't bet on his own mount, except through the owner or trainer of the horse!

Question: Why is the Treasury Dept. resisting calls to erect new barriers against conflict of interest...TARP corruption? http://www.huffingtonpost.com/2010/01/31/tarp-watchdog-neil-barofs_n_443489.html The government's response to the financial meltdown has made it more likely the United States will face a deeper crisis in the future, an independent watchdog at the Treasury Department warned. The problems that led to the last crisis have not yet been addressed, and in some cases have grown worse, says Neil Barofsky, the special inspector general for the trouble asset relief program, or TARP. The quarterly report to Congress was released Sunday.....................One case concerns apparent self-dealing by one of the private fund managers Treasury picked to buy bad assets from banks at discounted prices. A portfolio manager at the firm apparently sold a bond out of a private fund, then repurchased it at a higher price for a government-backed fund. A rating agency had just downgraded the bond, so it likely was worth less, not more, when the government fund bought it. The company is not being named pending the outcome of Barofsky's investigation. Barofsky renewed a call for Treasury to enact clearer walls so that such apparent conflicts are less likely. Treasury said it welcomed Barofsky's oversight but resisted the call to erect new barriers against conflicts of interest. The new rules "would be detrimental to the program," Treasury spokeswoman Meg Reilly said in a statement. The existing compliance rules "are a rigorous and effective method of protecting taxpayers," she said.

Answer: Poulson was on CSPAN this morning and said that all the TARP money has been repaid with interest. Are they planning on doing that again? They definitely need to address what caused our meltdown. How about reinstating the Glass Steagall Act? Sounds great to me.

Question: according to the law, conflict of interest disqualifies lawyers from handling cases. that doubles for juddges? the republican judges on the supreme court have sworn not to rule in cases involving conflict of interest. that negates the bush v. gore decision in 2000, and disqualifies bush, cheney, diebold, alito, roberts, kennedy, thomas, and scalia, doesnt it? when they took their oaths, one of their solemn promises was not to make rulings in cases that had any personal affects on them. two repulican judges had family members employed by bush. for those simple minded uneducated people who say get over it, it was 8 years ago, etc. slavery was a hundred and forty years ago. have we gotten over it? you go take a look are things equal?

Answer: Supreme court judges are appointed for life so they owe nothing to any parties. Secondly I bet everyone has a cousin or two who works some politician or another so what? Face facts Gore lost, falling chads butterfly ballots whatever, Those things happen in all elections and are unavoidable. Do you really think the 90 year old lady running a polling station is involved in a giant conspiracy? Gore brought great shame to himself and the country any true leader would have realized that the integrity of the process is more important than any one election and would have gracefully conceded. If democrats really thought it was such a big deal I don't see them passing to many election reform while they are in control of congress. Reasonable people can debate the need for the electoral college but the Florida results were turned into hyperbole by those exploiting the undereducated. The Kennedy- Johnson camps committed the most notorious voter fraud in history and even Nixon was man enough to do the right thing.

Question: Is there a conflict of interest - letting a gay judge rule on the constitutionality of gay "marriage"?

Answer: No.

Question: Is this a conflict of Interest and where can I get the "rules" about this? Is it a conflict of interest for a Psychiatric Nurse to see a distant family member too? I am seeking a therapist/psychiatric nurse, and mu aunt, whom I hardly see, but talk to at holidays, mentioned someone and told me to call her therapist, saying she was great, mention that I was her niece, and on and on. When I called, I was told by here secretary that I am not allowed to see her because she sees my aunt (another family member) and said it would be a conflict of interest. Is that correct in this case? Is it a conflict of interest?

Answer: Yes, it's a conflict of interest. Find someone else.

Question: Is it a conflict of interest to have a relative for a parole officer? Can your aunt also be your parole officer? Are there any rules against this?

Answer: Yep! She would have an absolute duty to report the conflict to her superiors who would have to assign the case to an independent person. If she failled to do this and was caught she would almost certainly loose her job for gross misconduct. As a parole officer is an officer of the court she would certainly appear to be in contempt and it may well be that a criminal offence would be involved.

Question: How is this a conflict of interest? I work at a Starbucks inside a Target store, and am a Target employee. My boss told me Target has a rule that you can't work at a Corporate Starbucks and the Target Starbucks because it's "a conflict of interest." I asked why and she ignored me. Anyone have any idea why that might be?

Answer: Your boss is correct. The franchisee for the target store signed a "Franchise Ethics Agreement" at the time the franchise was granted. In this agreement, it clearly states that neither side will recruit from the other. Your working for both violates this agreement.

Question: Conflict of interest with gay judge ruling on Prop 8? I've seen several sources confirming that Vaughn Walker is himself gay. Does anyone else see this as a highly probably bias for the judge deciding on the constitutionality of the gay marriage ban in California? Would the left really sit and take it if the judge were a Christian fundamentalist? ck, my contention is that since roughly as many heterosexuals support gay marriage as oppose it, they do not represent the same conflict of interest that a homosexual does. The ideological opposite of a gay judge on this issue is NOT a straight judge, it is a fundamentalist judge.

Answer: He should have recused himself.

Question: Umpire? Is this a conflict of interest? Or is it against the rule book? My son had his first play-off game for senior Little League. The other team had the home field advantage because their record was better than ours. The home team for regular games is responsible for getting the umpires. However, tonight's game was the first round in the play-offs as I already stated. The home plate umpire's son was the pitcher for the first 6 innings of the 7 inning game and the third baseman for the final inning. Is that a conflict of interest? I have no access to a rule book, but the one assistant coach is looking it up in his rule book and possibly contacting the president of the league if necessary. We lost 3-1 and are eliminated due to the loss. There were several questionable calls that may have made a difference. I am no expert about the rules, but even I sensed something funny/fishy about the whole thing. I can understand the man umpiring in a regular season game, which he did, but in a play-off? If the rules differ for Senior Little League from state to state, we are in Pennsylvania. Thanks for any well-versed explanations. What do you think?

Answer: Are you in Little League, or just using that term for another program? When I umpired in Little League, it was my understanding that the umpires in post-season play were assigned by the LL District, or Regional Headquarters, not by the home team. But umpiring a son's game in the post-season is a definite conflict of interest. Anyone who assigned that umpire was wrong, and the umpire who accepted the assignment showed a total lack of integrity. Sarge

Question: How to rewrite the following sentences in the active voice.? 1. The CEO will be chosen from the final list of five candidates. 2. Our shareholders have been warned about rules for conflict of interest.

Answer: The selection committee will choose the CEO from the final list of five candidates. The Company Secretary has warned the shareholders about the rules for conflict of interest.

Question: HOA/Board of Directors and Property Mgmt. conflict of interest? I own a condo and have had an issue with my neighbor for the last 2 yrs. Originally, while not able to resolve the issue with my neighbor, I called the Property Mgmt. company. They basically said I'm on my own and they can't help me. After all this time trying to take care of it on my own, finally went over my HOA Rules and Regulations in detail. I found that they are supposed to help with my situation and even have the ability to fine my neighbor. I sent out a letter and documentation with all this info to both the HOA/Board of Directors address and the Property Mgmt. company (by certified mail; 2 different addresses). To my dismay and surprise, the signature cards I received back were both signed by the property manager. I feel that it is misleading to have two different addresses. What if I was sending a complaint to the HOA about this property manager? Isn't this a conflict of interest? I already know that the HOA gives too much power to this guy, who is on a power trip.

Answer: HOA is supposed to be run by the home owners, not the property manager? The property manager is supposed to be there to maintain the property. Do you not get to attend your HOA meetings? Get with your other neighbors and organize a meeting. Like the guy above said, there should be officers which you should have been able to vote for. Hope this helps.

Question: What are the rules of a neigborhood association? There are a couple of jack asses in my neighborhood that want to form a neighborhood association. They are trying to get the majority of people to vote to form it, but the guy that is part of the deal hates my husband. And my husband dislikes him, so we do not want to be apart of the neighborhood association. I read on wikipedia that you do not have to participate in a neighborhood association, only if you have a homeowners association is participation required. So does this mean we are off the hook. Us being a part of the neighborhood association would be a conflict of interest.

Answer: If there has never been an association formed, you cannot be bound by the restrictions, even if a majority of your neighbors vote for it. You would have to agree to be part of the association in order to be legally obligated to abide by the rules. However, if an association existed, but expired, they may be able to reinstate that association under certain conditions.

Question: Realtors: Would it be conflict of interest for Condo Assn. Pres. & Co-Owner to Agent other's condo for sale? The Condo Assn. President is also a co-owner, residing in one of the condos under the Association rules. She is a realtor with a license and was contracted by one of the other co-owners to sell their unit as they have already moved out of state and wanted to work with someone they knew who would be motivated as a co-owner to get it sold and at a good price. By itself, I'm not sure that is a conflict of interest. HOWEVER, this Condo Association President called a special meeting of the other Co-Owners (mostly retired folks who are easily led) and convinced a majority of them to give up their right of first refusal to purchase the unit she was selling as the real estate agent. The buyers wanted FHA financing and we were given some story about how that right of first refusal could be held as discriminatory and we could be sued. I disagree. To the extent this Pres. is asking us to give up our rights so she can make commission, I think that would be a conflict of interest. Agree? The right of first refusal is the right of the existing Condo Assn. Co-Owners to purchase any unit at the price that another buyer has initially agreed with the seller to pay. The thought is that this will help prevent any of the Co-Owners from selling their unit at some incredible discount (e.g. "fire sale price") which could have the effect of driving down the market value of all the other units. This is a common right that is afforded in other condominium agreements and serves to protect the existing owners. In this scenario, however, the buyers are of low credit quality needing FHA support to gain financing, so all the other owners are incurring risk by letting these buyers in. We have maintenance fees in addition to what these new buyers will have to pay for financing what will likely be a 97% mortgage, so the concern is whether they will become house rich and money poor and drag the rest of us down when they can't pay for repairs. Let me add that this Condo Assn. President did not petition to become President. She was elected to Vice President (with minimal duties outside of voting). The President moved out of town so the duties fell to her to assume the President's position. The Association meets once per year. It is rare that any other meeting is called unless there is some emergency need. This December meeting approximately 4 days before Christmas was called because the Condo Assn. President wanted to close the sale on the property...NOT because she was looking out for the interests of the other Co-Owners. There was no lawsuit hanging in the air. The Condo Assn. rules have been in place with the Right of First Refusal for 30 years. She raised the fear of senior citizens that they "could be sued for discrimination" if this Right of First Refusal was not eliminated from the rules. No discrimination on the basis of race has occurred. One CAN apply credit standards as to who is allowed to buy in, tho. The Condo Assn. Pres. IS a Realtor of the local city Realtors Assn., the Texas Assn. of Realtors (TAR), and the National Assn. of Realtors (NAR). Therefore there are codes of ethics they must subscribe to and the local, state and national codes are supposed to be similar, but may differ in certain ways. To cure a conflict of interest, full disclosure might be one avenue. The existing Co-Owners were NOT told by the Condo Assn. Pres. the price that buyer and seller had agreed upon verbally or in writing. Therefore, the opportunity for the existing Co-Owners to buy at a price certain under existing rights of first refusal was never fully represented by the Condo Assn. Pres. Under this scenario, I believe there was NOT full disclosure that might have cured a conflict of interest and that in truth, there was a premeditated act to deceive and coerce by threatening litigation to the existing Co-Owners if they did not sign. believe there was breach of Fuduciary Duty. Lawsuit City, No?

Answer: I am a Realtor and an attorney with experience in professional ethics. A professional conflict of interests can be cured by full disclosure and waiver of the conflict by the parties concerned. Is this woman a Realtor, or merely a licensed real estate agent? Realtors are members of a professional organization and are required to adhere to a code of ethics that does not apply to all licensees. You can see that code at the link provided below. I suggest that you read it over and see if there is some specific provision that she might have violated. It might help you frame your issues in more specific language. Your question does not so much involve this woman's role as a Realtor, but rather her fiduciary duty to the members as president of the HOA. Violations of conflicts of interests rules often involve a failure to disclose. It sounds like she disclosed her personal financial interest as an agent in the transaction so there is no obvious problem there. It would require further investigation to determine if she deliberately and knowingly misled the HOA in the decision making process. Your charge would then be that she failed in her fiduciary responsibility to the members and the board of the HOA. I don't know of any code of ethics for HOA officers, but provisions of the Civil Code, Corporations Code, Business & Professions Code or similar statues would impose legal duties on such officers. Your anlaysis has to be rigorous as someone's prefessional and community reputation is at stake. A mere conflict is not a violation, but it is the first in a list of questions that must be answered including whether there was a waiver, and whether that waiver was voluntary because the protected party was fully informed.

Question: Is there a conflict of interest with David Gill being at the FA and Chief Executive of Manchester United F.C.? Would you appoint to the games governing body someone who has a significant interest in one of the teams? Keep in mind that part of the function of the FA Board is to: "Overseeing the administration of the disciplinary system, which is applicable to all participants in the game (each club, player, competition, match official and any other person involved in the game in England is bound by the Rules) and the administration of refereeing throughout the game" Isn't it high time that the FA Board members did not have vested interest in clubs? Makes sense to me that the FA Board should be above suspicion and this could be easily achieved - but the United fans will say it's just Rafa taking BS again.

Answer: It's rather , "convinient" to say the least isn't it? i meen he's an integral part of both United & the F.A , and considering , even United fans can admit they can get away with murder , he's probly the reason why. if he was to leave his post at United , but remain at the F.A , you can bet if United got away with the same thing's even though he's left United , he would be beyond suspicion.

Question: I need a better conflict for my story? My story is about a girl named Lexi who has a witch sister, Penny. Witches and wizards only have one power each. There is a leader coven in the Middle East who rules that any human who finds out about the existance of witches and wizards must be killed. My best conflict so far is that they want to kill Lexi. But this isn't such an interesting conflict with a lot to work with. Any ideas?

Answer: People are born as witches and wizards, correct? So say Lexi was jealous of her sister, who acted superior toward her and treated her like she was nothing as a human. Say Lexi wanted to be accepted by other witches and wizards. Is there a way - any possible way - she could prove herself to the other witches and wizards? If there was, maybe she could seek it out. On the opposite side of the conflict, the coven is trying to kill Lexi. So on Lexi's "quest" or "journey" of sorts, she'll have to fight for her life as well as prove herself to the witches and wizards. I'll leave HOW she proves herself up to you, since it's your story. Hope I helped! Good luck! ~KBNB♥

Question: Digital Challenge? Some ideas of rules? I saw this challenge for people who run film, it was using 120 film in 120 minutes and using only one lens. I would like to set this up for us digital users however how should the rules be set?? One Camera One Lens 120 Minutes Should there be a rule where you have to use all the photos to enter the challenge? Or should photographers be able to toss the under exposed etc? I want to make this a fun challenge. Something that ties you into just going and doing and not putting elaborate thought into. Please advise if you would be interested and other rules that may cause conflict that should be addressed prior to challenge start up. GRACIAS!

Answer: I'd suspect the 120 minutes for 120 film included developing & printing times. I remember several darkroom races, not most durable prints but lots of fun! 2 hours to shoot, well just about anything, is quite a bit of time. to get the same sense of urgency with digital, I'd say it needs to be shorter and random. Perhaps a participant could receive and email/text at some random time on the contest day. They would then have 15 or 20 minutes to shoot something specific, edit, and email it to a 'judge.' Topic to be included in the text to ensure spontaneity.

Question: Need help with California Rules of Professional Conduct? What code is for Conflict of interest? What code is for Confidentiality?

Answer: Rather than keep asking rule by rule, here's a link to all the rules. Richard

Question: Conflict of interest! It's a problem is there any regulations that repremand this? I got hired recently at a construction site. I found out later that my supervisor and my two co-workers were related one was his brother and his brothers wife. It's became a problem these two seem to think that they have more rights and are superior to everyone else. They take long breaks such as leavin ten minutes early and staying on a fifteen minute break for thirty minutes. They often take trips to the job trailer whenever they feel like it. Of course our supervisor says nothing, we are all under strict rules to have hard hats and they simply are excluded from this rule it's for our safety but they jus seem to have their own world. The other workers see this but say little about it I was just wondering if there's any reasonable solution for this I know I can always talk to the supervisor but isn there another way to go that won't be at his discretion? Oh and this isn't a family company it's a fairly large company with jobs throughout the state.

Answer: There may be company regulations, however there is no law that would apply here. Perhaps you should bring attention to the situation with your supervisors manager.