first_imgNotice July 15, 2003 Regular News T he Professional Ethics Committee revised Proposed Advisory Opinion 02-8 at its meeting on June 27, 2003, after consideration of comments received by Florida Bar members. Proposed Advisory Opinion 02-8 as revised is reprinted below. Pursuant to Rule 4(c) and (d) of The Florida Bar Procedures for Ruling on Questions of Ethics, comments from Florida Bar members are solicited on the proposed opinion. The committee will consider any comments received at a meeting to be held in conjunction with the Bar’s General Meeting at the Tampa Airport Marriott on Friday, September 5, 2003. Comments must contain the proposed advisory opinion number and clearly state the issues for the committee to consider. A written argument may be included explaining why the Florida Bar member believes the committee’s opinion is either correct or incorrect and may contain citations to relevant authorities. Comments should be submitted to Elizabeth Clark Tarbert, Ethics Counsel, The Florida Bar, 651 E. Jefferson St., Tallahassee 32399-2300, and must be postmarked no later than 30 days from the date of this publication. PROPOSED ADVISORY OPINION 02-8 June 27, 2003The Professional Ethics Committee has received an inquiry from a member of The Florida Bar who is contemplating entering into a referral arrangement with a nonlawyer. The inquiring attorney has been approached by a securities dealer who would like to pay members of The Florida Bar a portion of any advisory fees generated in exchange for referring clients to a specified financial advisor. The attorney would also have the option of taking an examination to become an investment advisor. The attorney could then become actively involved in the client’s account and be eligible to share in an advisory fee based upon the amount of work the attorney performs on the client’s account.This inquiry raises the question of when, if ever, can an attorney refer a client to a particular service or product and then profit from the referral. Many state bars have examined this issue and come to different conclusions. Some states have determined that such conduct would be permissible with disclosure and the consent of the affected client. See, e.g., California Formal Opinion 1999-154, Oklahoma Opinion 316, and Utah Opinion 99-07. Others states have determined that an inherent conflict of interest exists which cannot be cured with consent. See, e.g., New York State Opinion 682, North Carolina Formal Opinion 99-1, Ohio Opinion 2000-1, and Texas Opinion 536.This Committee has also issued a number of opinions relating to this subject. Originally, the Committee approved an attorney accepting a referral fee from a savings institution under certain conditions. The attorney would have to conduct an independent investigation to see if the investment was proper under the circumstances. The attorney would also need to inform the client of referral payment and secure the client’s consent in writing. See Ethics Opinion 60-26. Later this opinion was modified by Ethics Opinion 70-13 which concluded that attorneys must also pass on the benefit to the client or credit the same against fees charged by the attorney.At this time, we see no substantial distinction between advising a client to purchase insurance, or to use a particular bank, or to see a financial advisor. Accordingly, we adopt the rationale of the Committee’s previous opinions in any situation where an attorney is advising a client to use a particular product or service where the attorney is to receive a fee for the referral. Whenever an attorney is entrusted by a client to provide the client with independent unbiased advice on how to proceed, the client should expect that the advice given is not tainted by the attorney’s own financial interest. Rule 4-1.7(b), Rules of Professional Conduct. Because of the attorney’s personal interest in receiving a referral fee, this type of conflict of interest cannot be consented to by the client. In order for an attorney to make such a recommendation, the attorney would need to remove any financial interest in making the recommendation by either passing on the benefit to the client or crediting the amount against legal fees.The inquirer also asks whether the inquirer may obtain a license, participate with a third party in providing investment advice, and participate in the fees for the investment advice. Rule 4-5.7 provides the following guidance: (a) Services Not Distinct From Legal Services. A lawyer who provides nonlegal services to a recipient that are not distinct from legal services provided to that recipient is subject to the Rules Regulating The Florida Bar with respect to the provision of both legal and nonlegal services.The Committee believes that the services being provided to the client are not distinct from legal services provided to the client. Therefore the Rules of Professional Conduct apply to all services being provided to the client by the inquirer. Based on the Committee’s analysis above, the inquirer may not properly provide the investment services and divide fees for the services with the nonlawyer under these circumstances.The Committee offers no opinion as to whether the inquiring attorney may properly provide nonlegal services that are distinct from legal services in accordance with other provisions of Rule 4-5.7, Rules of Professional Conduct.last_img read more

Sakho set for Hammers return

first_img Press Association The summer arrival from Metz was forced to sit out the 2-2 draw at Stoke over the weekend after suffering the knock in the recent victory over reigning champions Manchester City. Sakho scored the crucial second goal as the Irons won 2-1 at home to City on October 25 as the 24-year-old made it six goals in his first six Premier League starts – and seven in seven in all competitions. West Ham striker Diafra Sakho has recovered from a shoulder injury and is in line to make a welcome return to the squad for Saturday’s Barclays Premier League match against Aston Villa.center_img A collision with City goalkeeper Joe Hart led to Sakho being substituted and he was not risked at the Britannia Stadium as Sam Allardyce’s side came from two goals down to take a point. But Stijn Vandenbroucke, West Ham’s head of medical and sports science, has revealed Sakho will be back at Upton Park on Saturday – and also confirmed club-record signing Andy Carroll is closing in on a first-team return having been ruled out since a pre-season ankle operation. “Diafra ran individually on Monday at Chadwell Heath and will be available for the game,” Vandenbroucke told the club’s official website. “Andy Carroll trained and played in a behind-closed-doors match last week, which he came though, and will continue to train this week.” Allardyce will be further boosted by the news Winston Reid will also be available to take on out-of-form Villa after the New Zealand international suffered a dead leg at Stoke. The point against Mark Hughes’ side leaves West Ham fifth in the table, level with Arsenal having won half of their opening 10 fixtures. last_img read more

Donegal woman ‘bready’ to compete in National Baking Competition

first_imgTalented baker Samara Ward has risen to the challenge of making some of Ireland’s best brown bread. Samara, who is from Inver, has been named as a semi-finalist in the National Brown Bread Baking Competition, sponsored by Aldi and in association with the NPA and ICA.The contest searched the length and bread-th of the country to find a mix of bakers with the best recipes. Samara made it through this year’s bread drop heats to reach the next stage at the National Ploughing Championships on the 17th and 18th of September.Bakers will knead to impress the judges in order to go on to compete in the final of the competition on the 19th of September.This is the second year that Samara has taken part in the competition. And if she wins, she could earn a crust from her delicious recipe.The winner will see their winning brown bread on sale in Aldi stores across the country for a minimum of 6 months, and will win a share of the profits, guaranteed to be at least €15,000! That’s a lot of dough!  Donegal woman ‘bready’ to compete in National Baking Competition was last modified: August 28th, 2019 by Rachel McLaughlinShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)last_img read more

Dormant Aids Council awakens

first_img(Image: Formore free photos, visit the image library.)MEDIA CONTACTS• South African National Aids CouncilTel: +27 12 312 0131• Fidel [email protected] Liaison and Public InformationDepartment of HealthTel: +27 12 312 0663Mobile: +27 79 517 3333• Charity [email protected] Media LiaisonDepartment of HealthMobile: +27 79 087 2438USEFUL LINKS• South African National Aids Council• Department of Health• Treatment Action Campaign• Sanac plenary media statement• International Planned ParenthoodFederation• Comprehensive HIV and AIDS Care,Management and TreatmentPlan for South Africa• Broad framework for HIV & Aids and STIstrategic plan for South Africa (PDF)With the South African government’s robust new policy on curbing the HIV/Aids pandemic, the long-dormant South African National Aids Council (Sanac) is flexing its not inconsiderable muscle.In early August the council made groundbreaking recommendations on combating Aids to the government, including a tighter focus on HIV-tuberculosis co-infection and the possible decriminalisation of sex work.In September, Sanac is to get another boost as Aids expert Dr Nono Simelela assumes her post as the organisation’s new CEO.Appointed by Deputy President Kgalema Motlanthe at the Sanac plenary in May, Simelela says she was drawn to the position because it would give her a chance to work in a sector she feels passionately about, in what she calls the “conscious environment” of the new political leadership.Simelela was the first South African black woman to qualify as a specialist obstetrician and gynaecologist, which led to a 20-year career in the Department of Health. From 1998 to 2004 she worked as chief director of the National HIV, Aids and TB programme. It was a time when HIV treatment was largely unavailable and the fight against HIV/Aids under the country’s then health minister, Dr Manto Tshabalala-Msimang, was heavily politicised.“I think everyone knows it was a very challenging time in South Africa … in many ways. The magnitude of the epidemic was really brought to the fore, and the need to move quickly, in terms of treatment and care, was evident.” Simelela says from London, where she heads the technical knowledge and support division of the International Planned Parenthood Federation.“It was tough and you had to hang in there; I think that it was necessary. The fact that we did get a plan and have people accessing treatment has been a huge positive outcome.”She says South Africa’s antiretroviral programme – one of the world’s largest – remains one of its biggest achievements. But problems remain, such as recurring drug shortages, poor monitoring and evaluation, and the need to slow new infections.“We haven’t really established a robust monitoring and evaluation system across all sectors, including government,” she says. “We’ve got the National Strategic Framework, and targets that have been set, but we need a robust tool to monitor progress so we know what needs to be done.”“The fact is that we have an epidemic that is raging, and new infections are still occurring. We need to go back to the prevention side of things to look at what we’re not doing well enough.”The road aheadSimelela says she hopes the mix of local and international experience of the HIV epidemic would help her and Sanac make much needed changes. At the forefront is strengthening provincial and district Aids councils, which both serve the community and collect crucial data.“We have a lot of good policies, but when it comes to implementation they falter,” she says. “We need to be sure provincial and district councils are able to implement their HIV/Aids plans. It should almost be a bottom-up approach – issues would come up at the district level and the national council would then look at ways of resolving them.”Although long inactive, Sanac still provides a crucial interface between the government and civil society, ensuring that the people implementing policies at whatever level are held accountable. Simelela says the reawakened giant now has a renewed opportunity to make a difference in people’s lives.“For me, it’s almost more about an agenda for social justice, not only to provide people with treatment but to raise issues around HIV, such as the economic issues that, I think, South Africa is grappling with now,” she says.“There’s a way to respond but at the moment we need to coordinate that response – I get the sense that if we work collaboratively across all sectors, there is a chance we can turn things around.”Source: Irin PlusNews and reporterlast_img read more

John Deere introduces 2510H High-Speed Applicator with Dry Nutrient Attachment

first_imgShare Facebook Twitter Google + LinkedIn Pinterest New Dry Nutrient Attachment expands use of 2510H Applicator, improves nutrient stewardship and increases yield potential  John Deere unveils a Dry Nutrient Attachment for the 2510H High-Speed Applicator to increase nutrient placement accuracy and reduce trips across the field. The attachment also make it easier for customers to apply dry nutrients and anhydrous at the same time.“This is a performance-driven advancement that increases operational efficiency, asset utilization, and nutrient retention for the crop through accurate sub-surface placement,” says Nathan Kramer, product marketing manager for John Deere. “We took an already popular tool, the 2510H High-Speed Applicator, and added greater versatility and productivity to it with optional dry application capabilities.”The 2510H can now apply all three of the primary nutrients, nitrogen (N), phosphorous (P), and potassium (K), below the soil surface, at the same time. The attachment gives operators the flexibility to precisely apply dry nutrients while simultaneously injecting anhydrous. This reduces passes through the field, the amount of time spent applying nutrients, and overall fuel consumption.Accurately applying N, P and K puts those nutrients closer to the root zone for more effective plant nourishment. The dry nutrient attachment’s subsurface fertilizer placement reduces nutrient loss from run-off or erosion.“One-pass anhydrous and dry nutrient application helps reduce soil compaction by eliminating trips across the field and provides other agronomic benefits that increase yield potential,” adds Kramer. “We’ve made crop nutrient application smarter, and for operators, more flexible.”The dry tank can be ordered with the 2510H High Speed Applicator in a 15-row configuration. Customers can choose between 6-ton and 9-ton dry tank capacities.For more information on the Dry Nutrient Attachment for the 2510H High-Speed Applicator, see your local John Deere dealer or visit read more

Mamata’s ‘Didi Ke Bolo’ receiving 170 calls a minute

first_imgIn the last 24 hours, since the launch of a grievance cell number by Mamata Banerjee, the cell has received more than one lakh calls, a statement from Trinamool Congress (TMC) noted. It effectively means that the platform Didi Ke Bolo or Tell Didi (Ms. Banerjee) is receiving more than 170 calls a minute. The press note said that more than 250 people are working to attend the calls and the party is planning to ramp up “resources” to handle responses. However, many said the number is not easy to get through. The platform, with a phone number and website to communicate directly with Ms. Banerjee, was launched on Monday.last_img read more

MP Sachin Tendulkar off the mark, seeks to integrate sports, studies

first_imgMaster Blaster Sachin Tendulkar is taking guard to bat for an all-new cause.The preparation seems to be impeccable – just as you had seen him at Wankhede, the WACA in Perth, Trent Bridge or the Queen’s Park Oval in Port of Spain – and could see him playing a larger political role in the coming days.Four months into his innings as a Rajya Sabha Member, he appears to have got a measure of the political pitch and is clearly keen to make his time out in the middle count. The result is a letter to Human Resource Development (HRD) Minister Kapil Sibal on the issue of integrating sports with education.Tendulkar has sent a presentation to Sibal on his vision of how sports can get its due in the country’s education system. Writing in his capacity as an Elder, he says he wants to meet Sibal and is keen to further the cause of sports.Sibal told Mail Today, “Yes, I have received a letter from Sachin. I have written back to him asking him to come to the HRD ministry to make a presentation on the subject.”Sources close to the minister said that while the minister is personally inclined to incorporate Tendulkar’s suggestions in the curriculum, such matters are decided by the National Council of Education Research and Training (NCERT) and the Central Board of Secondary Education (CBSE) which will work out the modalities for the same.Political dutiesTendulkar’s initiative in reaching out to Sibal – his first steps in trying to address a larger audience as a politician with the prospect of a role in government – comes at a time when his comment on reassessing his cricketing future in November has fuelled speculation on his retirement from cricket.Union HRD Minister Kapil Sibal.”When I feel that I am not delivering what is needed, and then I will re-look at the scheme of things. I am already 39 and no one expects me to go on playing forever,” he said in an interview to a private TV channel on October 5.Sachin’s letter to Sibal could not have come at a better time for his efforts to seek a formal role for sports in education. The HRD ministry has of late been focusing on giving education a holistic outlook, which includes according importance to sports and co- curricular activities in schools and higher education.For instance, in the case of Unmukt Chand, the under-19 cricketer who was not allowed to appear for his college examination because of low attendance, Sibal had intervened to get him an exemption.Recently, the minister approved UGC guidelines to provide free education to undergraduate and postgraduate students who win laurels for the country at the Olympics or world championships.According to the sporting fraternity, Tendulkar’s efforts to highlight sports in curriculum will make a quicker and bigger impact. “It’s a great initiative from Sachin Tendulkar,” said former cricketer Ravi Shastri.”Yes, sports should be included in the curriculum.It’s a great gesture from Sachin and his voice can make a great impact. Sport is important not only for winning medals but for the general health of the nation,” said badminton player P. Gopichand.Olympic medal winner and boxer Mary Kom hopes that this will benefit all sporting disciplines and not just cricket.”I would want that all sport be given equal importance and not just cricket. Because, in that case, youngsters will choose only that sport,” Kom said.New inningsThe veteran cricketer was sworn in as a nominated member of the Rajya Sabha on June 4 this year. There were mixed reactions to this. It was then that Tendulkar had first said that he would like to be remembered as someone who contributed to all sports.”With the nomination as Rajya Sabha member, I think I am in a better position not only to help cricket but also other sports in the country which is really important and means a lot to me. And I will try my best to help other sports,” he had told reporters right after his swearing-in.Meanwhile, an HRD ministry official said that the ministry had already taken steps towards integrating sports with education.”The minister would like to meet him ( Tendulkar) to get a better understanding of his ideas and vision,” a ministry official said.advertisementlast_img read more

UEFA Champions League: Reinvented and refreshed Cristiano Ronaldo ready to fire Real Madrid C.F. to glory

first_imgOnce famous for his extravagant stepovers and ability to leave defenders in his wake, Cristiano Ronaldo has this season evolved from fleet-footed winger to penalty box predator extraordinaire.Real Madrid have reaped the rewards of switching the Portuguese to play as more of a central striker.With eight goals in his last four knockout stage appearances, Ronaldo has almost single-handedly fired Zinedine Zidane’s side into Saturday’s Champions League final with Juventus.That also puts Los Blancos on the brink of their first league and European Cup double in 59 years as they seek to become the first side to retain the European trophy in successive seasons in its current format.The switch to centre forward has also seen Ronaldo overtake Jimmy Greaves as the top goalscorer in Europe’s top five leagues with 368 goals between the Premier League and La Liga, while also passing the milestones of 400 goals for Real and 100 Champions League strikes.”The business end of the season is important. I feel good and want to be fit and firing because this is where things are decided,” Ronaldo said.”I want to score goals and hopefully we don’t suffer too much. The team are in good form and we’ll try to enjoy it. Winning the league helped calm us down a lot. We want to make history and be the first side to defend our title.”I’m at the best level physically as I have in the last few seasons because I have played less. It is down to the intelligence of Zidane and my teammates.”advertisementIndeed, the Frenchman’s decision to rotate the No. 7 has been a key factor in their success this season. Ronaldo has sat out four of the side’s previous nine games and is looking fresh. It is a stark contrast with last year, where he started 34 La Liga games before picking up an injury that saw him miss the Champions League semi-final victory over Manchester City.The return speaks for itself, with 13 goals in his last nine appearances and the lowest number of games played in a single campaign since missing a large chunk of 2009/10 through injury.”We’re intelligent, and even he sometimes needs to play a bit less,” Zidane said.”It’s not because he isn’t as physically fit but because he wants to head into the final stage of the season, when everything is at stake, in top form.”Now, he’s in fantastic shape. It isn’t just about this year, it’s the accumulation of all the seasons in his career in which he has played 60 or 70 matches. It gets to the point where you need to take a breather.”last_img read more

Cervoz: ultra-thin NVMe storage for industrial embedded application

first_imgTo fulfill the fast-growing demand of industrial storage systems, speed up big data analytics and edge computing market. Cervoz provides diverse performance M.2 SSD to satisfy various industrial applications, which contain SATA interface for reliability industrial application, NVMe Gen3x2 for multi-tasking capabilities.Available are M.2 2242 / M.2 2280 devices with SATAIII, MLC/TLC and a capacity from 16GB to 1TB.  M.2 2280 FF devices with PCIe Gen3 x 2 interface and TLC come in capacities from 128GB to 1TB and up to 1690 / 1075 MB/s Sequential Read/Write Performance.Share this:TwitterFacebookLinkedInMoreRedditTumblrPinterestWhatsAppSkypePocketTelegram Tags: Chips & Components Continue Reading Previous Midas Displays introduce range of HDMI TFT displaysNext Key requirements for AI fairnesslast_img read more