Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Attorney General Opinion No 1997 039 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 1997 Senate Bill No. 140, Sections 4 and 73 (access to records held by third parties) and Section 6 (social security numbers required on certain license applications) do not violate Section 15 of the Kansas Bill of Rights. Sections 8 through 24 (administrative procedures) allow the Secretary of the Kansas Department of Social and Rehabilitation Services (SRS) to obtain access to information, subpoena records, order genetic tests and enforce support duties by income withholding and administrative levy. There may be Section 15 issues regarding the manner employed by SRS in conducting investigations and gathering evidence, but the resolution of those issues will be factual in nature. Consequently, we decline to opine whether Sections 8 through 24 violate Section 15 of the Kansas Bill of Rights. Section 34 (liens on personal property) creates a preexisting right to certain personal property of a parent who is in arrears on a child support obligation and the due process procedural protections that are afforded to such parent comport with the Fourteenth Amendment to the United States Constitution. Unlike the procedural protections afforded by section 34,section 76 (liens on real property) contains no provisions for notice and an opportunity to contest the lien. Consequently, to the extent adequate due process proceedings are not available in the state of origin, that portion of Section 76 which allows a lien from another state to become a lien on real property in this state violates the Fourteenth Amendment. Sections 4 and 73 (access to records held by third parties) do not violate a right of privacy because the information at issue here serves a legitimate state interest in locating parents who owe child support and the assets of those parents. Such information is regarded as confidential and a person who discloses the information to unauthorized individuals is subject to criminal penalties. Moreover, section 6 (social security numbers required on certain license applications) does not violate a right of privacy because disclosure is required by federal law. Whether a right of privacy is violated by Sections 8 through 24 (administrative procedures) will depend upon whether there is a violation of one of the provisions of the United States Constitution which forms the basis for a right of privacy. Liens on personal and real property do not generally raise issues concerning privacy rights and are better analyzed under the Fourteenth Amendment. Sections 8 through 24 (administrative procedures) do not violate the separation of powers doctrine nor does section 10(e) [Secretary of Department of Social and Rehabilitation Services (SRS) authorized to designate SRS employees and independent contractors to exercise the powers of the Secretary in certain cases] violate Article 2, Section 1 of the Kansas Constitution which prohibits delegation of legislative authority to private individuals. Finally, Section 12 of the Kansas Bill of Rights which prohibits forfeiture of estate upon conviction does not appear to be implicated in 1997 Senate Bill No. 140. Cited herein: K.S.A. 1996 Supp. 20-1204a; K.S.A. 23-492; 23-496; 23-4,105; 23-4,117; 23-4,145; 23-4,147; K.S.A. 1996 Supp. 38-1115; 38-1118; 39-709; K.S.A. 39-753; K.S.A. 1996 Supp. 39-755; K.S.A. 39-758; 39-759; 60-2202; K.S.A. 1996 Supp. 60-1610; 60-2202; 74-146; K.S.A. 77-501; 77-601; 77-624; Kan. Const., Art. 3, section 1; Art. 2, section 1; Kan. Bill of Rights, sections 12, 15; U.S. Const., amend. IV, V, XIV; 5 U.S.C. section 552a; 42 U.S.C. section 666.

Download or read book Attorney General Opinion No 1997 032 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Because K.S.A. 1996 Supp. 79-2101 is nonuniform and the suggested changes would not trigger any of the other limitations imposed by K.S.A. 1996 Supp. 19-101a, Ellis County may enact a charter resolution containing deadlines different from those stated in the statute. Cited herein: K.S.A. 1996 Supp. 19-101a; 79-2017; 79-2101; L. 1977, ch. 109, sections 39, 40; L. 1979, ch. 312, sections 4, 5; L. 1980, ch. 308, sections 5, 6; L. 1984, ch. 147, sections 20, 21; L. 1985, ch. 319, sections 1, 2; L. 1990, ch. 349, sections 1, 2.

Download or read book Attorney General Opinion No 1997 071 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 22-4506, as amended by L. 1997, Ch. 181, section 6, if a trial court determines that appointment of counsel is necessary to represent a convicted felon who files a petition for writ of habeas corpus challenging conditions of confinement, the appointed counsel is entitled to compensation paid by the Board of Indigents' Defense Services. Cited herein: K.S.A. 22-4501; K.S.A. 1996 Supp. 22-4503; K.S.A. 22-4506, as amended by L. 1997, Ch. 181, section 6; 22-4507; 22-4522, as amended by L. 1997, Ch. 181, section 24; K.S.A. 1996 Supp. 60-1501.

Download or read book Attorney General Opinion No 1997 003 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the absence of statutory authority, the residents of a city of the first class have no authority to dissolve as a corporate body that city. Cited herein: K.S.A. 15-111; Kan. Const., art. 12, section 5.

Download or read book Attorney General Opinion No 1997 075 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: One member of the Persian Gulf War Veterans Health Initiative Board must be qualified in the medical specialization of genetics. The Kansas Commission on Veterans' Affairs may not appoint a person lacking this qualification to the position on the Board requiring this qualification. Cited herein: K.S.A. 1997 Supp. 73-1221; L. 1996, Ch. 39, sections 1, 3, 11.

Download or read book Attorney General Opinion No 1997 006 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas department of health and environment is required to investigate complaints involving abuse, neglect, or exploitation of residents of nursing homes. In conducting the investigation, the department has authority to utilize any private agency, group, or individual. Utilizing the facility against whom the complaint was made to gather information as part of the investigation is not prohibited by statute. Cited herein: K.S.A. 1995 Supp. 39-923; K.S.A. 39-1401; 39-1404; 39-1409; 65-425; 65-5101; 77-621.

Download or read book Attorney General Opinion No 1997 012 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Policy No. 50 of the Legislative Coordinating Council prohibiting the employment of Legislators' immediate family members by either house or any legislative staff agency is not facially violative of the Equal Protection Clause of the United States Constitution. Cited herein: K.S.A. 46-246a; 46-1202; 74-605; K.A.R. 19-40-4; U.S. Const., Amend. XIV.

Download or read book Attorney General Opinion No 1997 010 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A city may provide financial assistance to a social service agency that subscribes to certain religious tenets as long as the use of such funds conforms with the public purpose doctrine and the funds are not used to secure or maintain a place where any form of religious worship is conducted or where any religious doctrine is taught. Cited herein: Kan. Const., Bill of Rights, section 7; U.S. Const., Amendment I.

Download or read book Attorney General Opinion No 1997 087 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 60-2201 and the doctrine of lis pendens generally apply to tax foreclosure proceedings commenced pursuant to K.S.A. 79-2801 et seq. Cited herein: K.S.A. 60-2201; 79-1804; 79-2301; K.S.A. 1996 Supp. 79-2801; K.S.A. 79-2804; G.S. 1949, 60-2530; G.S. 1935, 60-2601; G.S. 1935, 60-3458.

Download or read book Attorney General Opinion No 1997 102 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Boards of education may contract for services or supplies necessary for nurses to perform their duties. K.S.A. 72-1758; 72-1793; 72-17,104; 72-5501; 72-7513; 72-8202e; K.A.R. 91-1-65; 91-1-67; 91-1-111a.

Download or read book Attorney General Opinion No 1997 022 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Election petitions are generally open records under the Kansas Open Records Act. Cited herein: K.S.A. 25-3602, 45-216; 45-218; K.S.A. 1996 Supp. 45-217, 45-221, 72-6433, 72-6433a; K.S.A. 72-8801.

Download or read book Attorney General Opinion No 1997 008 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The taking, use or exhibition of the symbol "Rx" is limited to licensed pharmacists and entities which employ licensed pharmacists. The taking, use or exhibition of that symbol by any other entity is prohibited. The federal Lanham Trademark Act does not preempt the Kansas prohibition against the use of that symbol by other than licensed pharmacists and entities which employ licensed pharmacists. Thus registration of the symbol "Rx" as a service mark pursuant to the federal Lanham Trademark Act does not exempt a furniture refinishing and repairing company from compliance with that Kansas prohibition. Cited herein: K.S.A. 65-636; 65-1626; 15 U.S.C. section 1051; 15 U.S.C. section 1057; 15 U.S.C. section 1121.

Download or read book Attorney General Opinion No 1997 031 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A juvenile who violates an ordinance that proscribes conduct that is not prohibited by statute has not committed an act that would constitute a felony or misdemeanor as defined by K.S.A. 1996 Supp. 21-3105 and thus may be prosecuted in municipal court. Cited herein: K.S.A. 1996 Supp. 21-3105; K.S.A. 21-3512; 21-3701; 21-4501; K.S.A. 1996 Supp. 21-4502; 21-4503a; 38-1602; K.S.A. 38-1604.

Download or read book Attorney General Opinion No 1998 004 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Kansas statutes do not grant law enforcement officers the power to placecustody of children who appear to be in need of care with the Secretary of the Kansas Department of Social and Rehabilitation Services; delivering children to persons or facilities designated by the Secretary does not mean that the Secretary has custody of those children. Moreover, a standing court order that automatically places all children taken into police custody in the custody of the Secretary would violate K.S.A. 1997 Supp. 38-1528. Finally, if it is not possible for a court to issue an order immediately awarding custody of a child to the Secretary in accordance with the requirements of K.S.A. 38-1542 and K.S.A. 1997 Supp. 38-1543, the court may issue a brief order that awards custody to the Secretary with a more detailed order issued at a later date which contains the findings required by K.S.A. 38-1542 and K.S.A. 1997 Supp. 38-1543. Cited herein: K.S.A. 1997 Supp. 38-1502; K.S.A. 38-1512; 38-1524; K.S.A. 1997 Supp. 38-1527; 38-1528; K.S.A. 38-1542; K.S.A. 1997 Supp. 38-1543; 39-708c.

Download or read book Opinions of the Attorney General of California written by California. Office of the Attorney General and published by . This book was released on 1950 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Modern Legal Ethics written by Charles W. Wolfram and published by West Academic Publishing. This book was released on 1986 with total page 1168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authoritative coverage focuses on a lawyer's fiduciary responsibility. Text describes the legal profession's self-regulatory system and the professional codes that have emerged. Examines lawyers and the legal profession, including regulation and discipline. Provides a detailed discussion of the client-lawyer relationship. Judges and the quality of justice are also addressed. Provides systematic examination of the issues covered in the 1969 Code of Professional Responsibility and the 1983 Model Rules of Professional Conduct.