The Ethical Issues Associated with the Outsourcing of Legal and Law Research Paper

The Ethical Issues Associated with the Outsourcing of Legal and Law Related Services Outsourcing to India - Research Paper Example However, a number of ethical issues have cropped up as a result of this outsourcing. The American attorneys based in the US believe that by doing so the American attorneys are losing touch with their work. With outsourcing, a number of problems crop up such as the issue of keeping control over the work and the way it's being done in the first place. While outsourcing call centers etc were more commonplace, the American companies were less forthcoming regarding outsourcing legal work overseas due to the fear of the clients' backlash and the way the labor unions would react to the use of Indian labor. The American Bar Association ethical rules clearly state that all law firms are required to pass all the cost savings on to the clients as a result of outsourcing. There are a number of legal authorities which will be studied for the purposes of this paper such as the California Rules of Professional Conduct (CRPC), ABA Model Rules of Professional Conduct(Model Rules) and lastly, the California State Bar Act. There are a number of advisory bodies such as the ABA standing committee on Ethics and Professional Responsibility Formal Opinions (ABA), California Standing Committee on Professional Responsibility and Conduct, San Diego County Bar Association Legal Ethics Committee etc. According to the laws regarding unauthorized practice or even abetting such practices can result in; B&P 6125: "No person shall practice law in California unless the person is an active member of the State Bar."According to CRPC1-120 "A member shall not knowingly assist in, solicit, or induce any violation of these rules or the State Bar Act." According to the definition of law provided by the case of Morgan v State bar 51 Cal. 3d 598(1990); Farnham v State Bar Cal. 3d 605, 612 (1976);"The giving of legal advice and the preparation of legal instruments and contracts by which legal rights are secured; court appearances; engaging in negotiations with opposing counsel."Â  

Perceptions that consumers have for the different marketing messages Essay

Perceptions that consumers have for the different marketing messages - Essay Example This research will begin with the statement that the selective exposure process focuses on individuals to agree with those medium of communication that is in alignment with their views and opinions. Consumers in this selective process only go out for things that are of interest to them and oppose those things that they are against about. An example can be the fluctuations of the share prices. A drop in the share prices would affect the consumers and they may apply the selective exposure process. The selective retention process observes that consumers tend to retain those marketing messages that are of interest to them and also are favoring their opinions as well. The marketing messages that are against the opinion of the consumers do not tend to retain for long in the minds of consumers. The products advertised to consumers such as mobile phones for youngsters may be a highly attractive product and they may observe keenly the advertising done for mobile phones. The selective percepti on theory states that consumers interpret facts that they are interested in. In other words, consumers comprehend the situation the way they want to see it as. They hear what they believe in rather than what the message is actually trying to state. Therefore, in this case for different consumers, the same message may have different worth and meaning to them. For example, consumers that like to watch a lot of television may only see the advantageous side of watching television and may ignore the disadvantages that watching too much television has on humans.

A Foundation Course Essay Example for Free

A Foundation Course Essay Maslow suggested heredity played a strong role in personality development. The essence of the kind of person was established in the genetic structure, and the environment determined which part to unfold or become actualized. The issue of nature versus nurture was considered in his theory. Maslow adopted a growth-directions theory in that a person grew gradually from one kind of individual toward being a different kind. Another prominent figure is Carl Rogers. Both Maslow and Rogers believed human nature was intrinsically good and embraced self-actualization as the empirical principle. Rogers introduced the person-centred therapy. Therapist offered personal congruence, unconditional positive regard and accurate empathic understanding in a therapeutic relationship. Research methodologies employed by humanistic psychologists were mainly introspection investigative techniques. Individuals were analysed from the inside. Humanistic psychologists were of the view that the perfect example of an individuals personal experience was found in ones thoughts and feelings. They did not claim to be objective. Instead, they were intent on this subjective interchange of a relationship that uncovered the personal knowledge of another individual. Strengths of humanistic psychology were that the theorists proposed a positive, optimistic picture of humans. This was in contrast to behaviorism which was accused of reducing individuals to a system of observable acts, thereby missing the human aspects, and was in contrast to Freuds psychoanalysis SS101-TMA05 Marisa Lee 93512450 11 September 2000 Pg 11/12 which was accused of adopting a negative model of humanity, emphasizing on neurotic behaviour. The humanistic approach was notable for its concern for the individuals hopes and plans for the future, which was being neglected in many other theories. One other major strength of humanistic theory was its insistence on the importance of unique personal experiences. The insistence on the importance of unique personal experiences mentioned above had also become one of humanistic theorys weaknesses in that the unique experience made it imprecise when communicating the essence of one persons experience to another. The theory is lack of falsifiability as instrospection was the principal investigate technique. Humanistic psychologists were subjective in validating their theory. They trusted their own feelings and logic more than objective data. By concentrating on the self, other parts of an individual like bio-electrochemical nature, analytical abilities, memory systems were left untouched. Conclusions Psychologists while attempting to explain behaviour of individuals, adopted a varied basis of assumptions, and different images of mankind evolved. The concept that man acts like a machine and reacts to outside forces gives rise to the mechanistic view of mankind. Another concept that mans behaviour can be explained via bringing out their memories in the unconscious renders the psychoanalytic image of mankind. An alternative view that man seeks to aspire oneself by fulfilling the hierarchy of needs gives rise to the SS101-TMA05 Marisa Lee 93512450 11 September 2000 Pg 12/12 humanistic image of mankind. Man can be viewed differently but there is not a theory that explains all. To have a more comprehensive understanding of mans behaviour, a combined study of all the different images of mankind would be helpful. References : 1. Swales, C. (1991). Social Sciences : A Foundation Course, Psychology 2, Units 17 18. The Open University of Hong Kong. 2. Faw, T. and Belkin, G. S. (1989). Child Psychology. McGraw-Hill, Inc. P. 12-31. 3. Thomas, R. Murray. (2000). Comparing Theories of Child Development. 5th Edition. Wadsworth/Thomson Learning. Chapter 5. 4. Berk, Laura E. (1998). Development through the Lifespan. Allyn Bacon. P. 15-18. 5. Woolf. Theoretical Perspectives Relevant to Developmental Psychology  http://www.webster.edu

The Military Career of George Washington Essay -- American America His

The Military Career of George Washington Most people today think of George Washington as the first President of the United States. Perhaps they may remember that he was also the commanding general of the Continental Army. However, George Washington had much experience in the military before the Revolutionary War. Because of his experience, he was ideal for the responsibility of leading the new nation to victory over the British. In 1752, George Washington was 20 years old. He had no military experience, but his brother Lawrence had served in the British militia and this motivated George to join up (George 74b). Before the Revolutionary War, George Washington actually worked for the British. He showed his natural leadership right away. At the age of twenty, he was assigned to train militias in Virginia. The young Major Washington showed he was brave and ambitious. In 1753, he heard that a man named Robert Dinwiddie, who was the acting governor of Virginia, planned to send a message to the French troops that they needed to withdraw from the Ohio River Valley. The French wanted to hunt and trap there, but the British wanted the land for farming. Washington went to Dinwiddie to volunteer to be the messenger. Dinwiddie had enough confidence in the young soldier to let him go. Washington did not go by himself. He took a frontier guide, an interpreter, and four frontiersmen. It was dangerous wilderness and it was the middle of November. The group traveled until the middle of December. It was a long and cold journey. The French rejected the British instructions. Washington had to make the journey back to Virginia in the bitter winter weather. Indians and other dangers surrounded him. He finally returned in the middle of Ja... ...and had my commission taken from me, or in other words, my command reduced, under pretense of an order from home†¦I have been on the losing order ever since I entered the service†¦"(George 74d). However, as a result of Washington’s early military career, he learned many skills and strategies that he would later need. He also won the respect and admiration of the colonists. When he resigned his commission in 1759, the House of Burgesses passed a resolution to grant Colonel Washington the "thanks of the House†¦for his brave and steady behavior" (Fleming 34). He was well on his way to becoming "first in war†¦and first in the hearts of his countrymen." Works Cited Fleming, Thomas, Liberty! The American Revolution, Viking, 1997. Sellers, Charles and May, Henry, A Synopsis of American History, Rand McNally & Company, _ _ 1963. The World Book Encyclopedia. 1994.

Persuasive Language Techniques

Persuasive Language Techniques 1. Attacks Attacks are a version of playing the man, not the ball. If you can make your opposition seem less credible, you may be more likely to get a reader to agree with your side of the argument. At the least, attention can be taken away from the issue itself and put on to the personality. Attacks can attempt to belittle or embarrass or just plain insult an opponent. The idea is that the weaker you can make your opposition appear, the stronger you and your contention will appear. Example text: That’s the sort of suggestion I’d expect from a nose-in-the-air toff like Turnbull. . Colloquial Language Colloquial (slang) language can be used in different ways. It can set the writer up as knowledgeable, on the inside of a social group. A writer may also use slang in a sarcastic manner, to attack an opponent or mock an argument. It may also be used to appeal to a reader’s own sense of cultural identity, or reinforce a writer’s ov erall tone. Example text: She’s a top sheila that Jessica Rowe. Channel Nine are stark raving to give her the boot. 3. Emotive Appeals Like many persuasive techniques, emotive appeals aim to engage people’s feelings, not logic or reason. If a writer can manipulate a reader to feel a certain way, that reader should be more likely to agree with the writer’s overall contention. Often writers will use other forms of persuasive language techniques in order to appeal to people’s emotions. There is a huge variety of emotive responses that can be aimed at by writers, such as: Democracy Family valuesHedonismReason and logic Charity Fashion-senseHip-pocket nerveSafety CompassionFear of changeMoralitySelf-interest Environmentalism FreedomNostalgiaSense of justice Fairness Group loyaltyPatriotismVanity Example text 1: Soon we will see civilians lying dead in our own streets if we do not act against terrorism. Example text 2: In our society today there are people living without food or adequate shelter. Such basics of life can be provided if those of us who can afford to, give to organisations such as the Salvation Army, to help those unable to help themselves. 4. Inclusive language Inclusive language aims to directly address the reader, either personally or as a member of a shared group. This involves using such words as us, we, you, our. Example text: It is time for us to show our belief in the value of mateship and a fair go, and give generously to the Good Friday Appeal. 5. Rhetorical question A rhetorical question is one in which the answer is so obvious it is not required. The idea here is not to receive an answer, merely to reinforce a point. Example text: Should footballers be treated as above the law? Persuasive Language Techniques 6. Exaggeration A writer may describe a situation in forceful, overblown language in order to make the issue seem more important or urgent than it may otherwise be considered. Exaggerating the scale of an issue can draw an emotional response from a reader. Also known as hyperbole. Example text: Councils are losing the war against vandals. 7. Emphasis There are three types of emphasis that writers use to draw the reader’s attention to a specific point or idea: Repetition; Cumulation and Alliteration Repetition Repeating a single word a number of times over is repetition. Example text: We will all suffer for years to come unless we stop this government, stop them in the workplace, stop them in the polls, and stop them on election day. Cumulation Using many similar words in a short space is cumulation. Example text: This task requires guts, determination, grit and willpower. Alliteration Repetition of the first sound in consecutive words is alliteration. Example text: To rip people off so blatantly shows Mr. Craven to be cruel, calculating and crooked. 8. Evidence. There are three main types of evidence: Anecdotal; Expert Opinion and Statistical Anecdotal evidence An anecdote is a tale involving real life events, a true story. Such stories can be used by writers as evidence to back their claims. To support a contention, and to make themselves appear more credible, writers often use personal anecdotes. Example text: I can tell you that, as a single mother of two, I received very little in the way of financial support during my attempts to return to fulltime work. Expert opinion To make a writer’s position seem more credible, they may quote the opinions of experts that correspond with their own. As in a court case, experts are often called on to make one side seem stronger and more believable. Example text: My stand on the issue of exposed underwear is supported by fashion designer Ruby Reed, who recently stated: â€Å"Anyone whose underwear is exposed due to low slung jeans should be punished as forcefully as possible. † Statistical evidence Like any form of evidence, statistics can be used to make an argument seem more conclusive, a writer’s opinion more valid. Often statistics are used that are out of context, or from unreliable sources. As the saying goes, â€Å"There are lies, damned lies, and statistics. † Example text: A recent survey found that 90% of students favoured no school uniforms at all.

P2 and M1 for communication Essay

There are a wide range of skills we can use to communicate for example we send, receive, and process huge numbers of messages every day. But communication is about more than just exchanging information; it’s also about understanding the emotion behind the information. Communication can improve relationships at home, work, and in social situations by deepening your connections to others and improving teamwork and decision-making. It enables you to communicate even negative or difficult messages without creating conflict or destroying trust. Communication combines a set of skills including nonverbal communication, attentive listening, the ability to manage stress in the moment, and the capacity to recognize and understand your own emotions and those of the person you’re communicating with Argyles theory, communication cycle has six different stages that help you communicate you ideas.it also takes into consideration how you put your ideas across e.g. body language. An idea occurs, you have an idea that you want to communicate. Message coded, you think about how you are going to say what you are thinking. You put your thoughts into language or sing language. Message sent, you speak, sign, write or in some other way send a message. Message perceived, the other person has a sense of your message. They hear you words or see your symbols. Message decoded, the other person understands your message or what you have just said. This may not always be easy as they may make assumptions about your words and body language e.g. for example you went to the doctors and the doctor asked what wrong and you reply saying ‘I have a constant pain in my ear’. The doctor would need to keep the conversation going by rephrasing the question to something like so it’s your ear that’s hurting? This is to make sure you understood or got the right answer. Message understood, if all goes well your ideas will be understood. Argyles theory, communication cycle is a very useful thing to use when trying to communicate to sensitive patients. The communication cycle is a very useful cycle as it makes sure that you don’t say anything insensitive or hurtful to the person who is meant to be receiving the information. the communication cycle is also useful because there are a wide range of stages to help you communicate with others which helps you send someone information with them understanding what you are saying for example a doctor telling a patient when there next appointment is they could use the cycle to help them give the patient the information. But what do you think? Here is a diagram  of Argyles theory. Tuckmans theory In Tuckmans theory explains that as the team enters each stage they develop maturity, ability, relationships and the leader changes leadership style to fit in with the group.it also allows the team to look at the stages to see what stage they’re currently at. There are five different individual stages forming, storming, norming, performing and adjouring.Tuckmans stages are all necessary and inevitable in order for the team to grow, to face up to challenges, to tackle problems, to find solutions, to plan work, and to deliver results. Forming, the team is assembled and the task is allocated. The team members rend to behave independently as they don’t know each other and may feel intimidated. Individuals are also gathering information and impressions about eachother. Storming, the team starts to progress, addressing the task by suggesting ideas. Relationships may also be starting to develop. It is also essential that a team has a strong leadership. Depending on the culture of the organisation and individuals the conflict will be more or less supressed. As the team starts to move out of the storming stage they will enter the norming stage. This tends to be a step forward by the team agreeing on the rules and values by which they operate. By now the team should start to trust each other. After the arguments, they now have a better understanding of eachother and are able to appreciate each other’s skills and experience. Performing, at this stage the group will be filled with enthusiasm. The team will be able to function as a unit as they find ways to get the job done smoothly and effectively without inappropriate conflict. Some people don’t get up to this stage Adjouring, when team members are proud of what they have achieved and happy to have belonged together but at the same time they recognise that it is time to move on.tuckmans theory is a very useful theory as it gives you a range of information about team building, group skills and there stages. Overall, Tuckman’s Stages is a balanced group effort. And also shows how they’re progressing by maturing and building relationships. Here is a diagram of Tuckmans theory. Personally I think argyles theory is more effective and important than  Tuckmans theory as he gives you a load of communication skills to help you give people information. so it’s more than likely that the other person will understand the information they’re receiving. I don’t think Tuckmans theory is more important than Argyles because in Tuckmans theory he doesn’t give you much information about communication. But both theories are effective and are useful. Effective communication and interaction play an important role in the work of all health and social care professionals. For example, care professionals need to be able to use a range of communication and interaction skills in order to: work inclusively with people of different ages and diverse backgrounds, respond appropriately to the variety of care-related problems and individual needs of people who use care services, enable people to feel relaxed and secure enough to talk openly, establish trusting relationships with colleagues and people who use care services, ask sensitive and difficult questions, and obtain information about matters that might be very personal and sensitive. Nurses may have used their communication and interaction skills to find out about the symptoms of your health problems or may have given you advice or guidance on some aspect of your health behaviour or lifestyle. website Date Time http://www.studymode.com/essays/p-2-Discuss-The-2-Theories-1360439.html 29/09/2013 23:15 http://www.studymode.com/essays/Argyles-Communication-Cycle-And-Tuckman’s-Interaction-1092710.html 29/09/2013 23:19

Runway Incursion essays

Runway Incursion essays A runway incursion is any occurrence at an airport involving an aircraft, vehicle, person, or object on the ground that creates a collision hazard or results in a loss of separation, as defined by air traffic requirements. This separation loss can happen to a departing aircraft, or one preparing for a takeoff. Planes that are landing or intending to land can become subject to a loss of separation or incursion. In other words, ground operations are fertile ground for incursions. Although general aviation accidents have been decreasing over the past few years, incursions with all dangers attached to them have been increasing at an alarming rate. It is merely a matter of time for these incursions become tragic accidents. On 431 occasions in 2002, two aircraft or an aircraft and a vehicle mistakenly got too close together on an airport runway. Another mounting problem at U.S. Airports is delays. Currently the average airport delay per flight is eighteen minutes and by the year 2010 experts expect this number will climb to 44 minutes if no new technology is implemented at airports. The costs of these delays cost airlines over 254 million dollars per year which will lead to an increase in fares for passengers. The most logical way to reduce delays is to build more runways at the major airports but this will not solve the problem of runway incursions. The next step that many airports and the FAA have been researching, is installing new surface and navigation systems at airports. Two of the newest systems that have been researched are Airport Surface Detection Equipment Model X (ASDE-X) and Airport Movement Area Safety System (AMASS). This paper will focus on the technology behind ASDE-X and AMASS, benefits of these technologies, issues with these systems, cost/benefit analysis, strategies behind the use of these systems and finally how these technologies will change in the future. Continuous growth in US aviation is resulti...