Next, that we are very transparent about our governing boards. Each nonprofit is established a bit differently from each other, but most of us have governing boards or a group of trustees or a group that guides the organization or governs in many cases the actual organization's behaviors and processes. This would include how dollars are invested and, of course, how dollars are spent. It is important to be very transparent about who serves on our governing boards and that our donors are very clear about who those individuals are and what their roles are.
First, that we spend the money that they have entrusted us with for the intended purpose. That we actually use the dollars to go towards the piece of our organization or the cause that we've articulated to our donors as how we will spend the money. This would mean, for example, if the Red Cross were to raise funds for hurricane relief, that those dollars were actually spent for hurricane relief and not another natural disaster. This could mean in the context of a university, that if a donor endows a scholarship for a student in the College of Business, that those funds go to each year a student in the College of Business and not a student in the law school. So, once we've established the purpose of the donors gift, it is our obligation, as a non-profit organization, to use those funds as intended.
So let's spend some time talking about ethics and guiding principles that we engage with our donors. The things that we promise our donors, the things that we must deliver to our donors to ensure an ethical approach to fundraising. Some of this revolves around confidentiality. So we'll spend a bit of time talking about what it means to provide confidentiality to our donors. Very famous document within the development profession, one that is widely known and used by both fundraisers and by our donors, is something that is called the Donor Bill of Rights. The Donor Bill of Rights is ultimately a manifesto on what it means to have a relationship with a donor, and once they've trusted us with their financial resources, the deliverables that they should expect as a donor to our organization. And what we, as fundraisers and those of us in the development profession, should deliver to our donors to enhance our relationship with them, continue to have them trust us and, ultimately, repeat their giving or give us larger and more gifts. But ultimately, this is the obligation we enter into with our donors once they've made a gift. First, that we spend the money that they have entrusted us with for the intended purpose. That we actually use the dollars to go towards the piece of our organization or the cause that we've articulated to our donors as how we will spend the money. This would mean, for example, if the Red Cross were to raise funds for hurricane relief, that those dollars were actually spent for hurricane relief and not another natural disaster. This could mean in the context of a university, that if a donor endows a scholarship for a student in the College of Business, that those funds go to each year a student in the College of Business and not a student in the law school. So, once we've established the purpose of the donors gift, it is our obligation, as a non-profit organization, to use those funds as intended. Next, that we are very transparent about our governing boards. Each nonprofit is established a bit differently from each other, but most of us have governing boards or a group of trustees or a group that guides the organization or governs in many cases the actual organization's behaviors and processes. This would include how dollars are invested and, of course, how dollars are spent. It is important to be very transparent about who serves on our governing boards and that our donors are very clear about who those individuals are and what their roles are. It's also important that we provide financial statements to our donors. Very often, these are financial statements available on websites to ensure complete transparency. But often, they're sent to our donors as well at least once annually, that shows the organization's health. That demonstrates how the organization is doing not only in fundraising, but how they manage the funds and how they manage their budgets. Also, as I mentioned earlier, we want to assure that their gifts are used for the purposes in which they were given. This goes without saying and it's somewhat repetitive to what I said earlier, but ultimately, we want to demonstrate back to our donors. And often, this is done through reports, or conversations, or at least in writing to our donors that actually shows that the funds were used appropriately and the impact that those funds had on the mission of the organization. We also really do owe it to our donors that we acknowledge and recognize them as is appropriate. Very often the donors have a lot of say in this. They may not want a lot of public recognition for their gifting or they may wish to be listed in donor honor rolls or have their name listed on their website or have their gift announced in the case of a larger gift. We want to meet the donors where they're at and recognize them or acknowledge them in an appropriate way that makes them comfortable. So it's important for us to know that upfront when we're working with the donor. For our annual fund donors or those donors who give once a year at a lower level, we generally don't have a personal relationship with them where we can actually ask how they'd like to be acknowledged or recognized. But as a standard rule of thumb, all donors whether they're five dollars or $5,000,000 would receive some type of a written acknowledgment of their gift and a tax receipt that would demonstrate that you received the gift, it has been processed, and gives them a document that they can use for their own personal reasons. Additionally, let's drill down and talk about confidentiality. This is so incredibly important to many of our donors, but it's a very complex issue to think about within fundraising. Many laws, particularly state laws, prohibit organizations from hiding the identity of their donors. Particularly, if your nonprofit is supported in any way, shape or form by the State Government. For example, public universities have a very difficult time in many states maintaining anonymity and confidentiality for their donors. But there are many layers to confidentiality. And we want to always ask our donors and be very transparent with our donors about what level or degree of confidentiality they desire and more importantly, what we can provide them. Again, as a public entity, a public university or a publicly funded nonprofit would not necessarily in some states be able to guarantee confidentiality or anonymity for their donors. They would need to tell their donors that upfront. But in other cases and for some nonprofits, nearly complete confidentiality can be offered. Sometimes, donors say they want their gift to be confidential meaning the dollar amount of their gift. They don't want the world to know they just committed $500,000 to a certain organization. Very often this is because they don't want other nonprofits knocking on their door or become an easy target for every other nonprofit in their community or neighborhood. Sometimes though donors will tell us they don't want the dollar amount to be announced in any public way, but they will be just fine with it being acknowledged in writing through a letter from the president of our organization or leadership or being listed in a donor honor roll within a giving range. So we always want to have the discussion with our donors to identify exactly what degree of confidentiality they wish to have. And then many of our donors desire no confidentiality. They actually want us to talk about their gift, promote it, and be very vocal, because they understand and expect that their gift will inspire others to give also. It's very important also to be transparent when we're talking with our donors and that we identify who we are and what our role is with the organization. Are we an employee of the organization, are we a volunteer of the organization, or has the organization hired an outside solicitor? Believe it or not, this does happen. There are for-profit organizations that do fundraising on behalf of nonprofits. But it's very important that our donors know who it is that's approaching them, whether it be by telephone or by face to face visit. We want our donors to understand who we are and what role we play within our organization. Next, we want to be sincere with our donors when they desire not to be included on a mailing list or an email list. So many of our organizations will do direct mail campaigns, which we'll talk about a bit more later, but we conduct direct mail campaigns soliciting the masses in our databases, it could be thousands of individuals for smaller annual gifts. Sometimes, major donors desire not to be on those mailing lists. And we owe it to them to respond to any requests they may have to be removed from certain mailing lists or e-mail lists. And then our donors deserve to receive prompt, truthful, forthright answers. If they ask us a question, we need to get back to them quickly with an honest response, an honest answer. Ultimately, this is just good business practice, but we really do owe it to our donors that if they have questions, we will be happy to answer those questions in a timely manner. These are just some of the ethical issues we face in fundraising. There are some of the issues around confidentiality that we must always think about anytime we're working with the donor, small or large. And there are things that are very important for us to understand as we begin to build relationships with our donors, and these being relationships that could last for generations, decades to come, it is in our best interest to make sure that we do this right and that we are honoring all of the tenets of this Donor Bill of Rights.
Very famous document within the development profession, one that is widely known and used by both fundraisers and by our donors, is something that is called the Donor Bill of Rights. The Donor Bill of Rights is ultimately a manifesto on what it means to have a relationship with a donor, and once they've trusted us with their financial resources, the deliverables that they should expect as a donor to our organization.
To call the Officer of the Deck in any case not covered by instructions. To call the Officer of the Deck in any case not covered by instructions. To call the Officer of the Deck in any case not covered by instructions. To call the Officer of the Deck in any case not covered by instructions. To call the Officer of the Deck in any case not covered by instructions. To call the Officer of the Deck in any case not covered by instructions. To call the Officer of the Deck in any case not covered by instructions.
Greek myth takes many forms, from religious myths of origin to folktales and legends of heroes. In terms of gods, the Greek pantheon consists of 12 deities who were said to reside at Mount Olympus: Zeus, Hera, Aphrodite, Apollo, Ares, Artemis, Athena, Demeter, Dionysus, Hephaestus, Hermes, and Poseidon.
a about all am an and are as at be been but by called can come could day did do down each find first for from get go had has have he her him his how I if in into is it its like long look made make many may more my no not now number of on one or other out part people said see she so some than that the their them then there these they this time to two up use was water way we were what when which with will with words would write you your
Jesus then began to speak to them in parables A man planted a vineyard He put a wall around it dug a pit for the winepress and built a watchtower Then he rented the vineyard to some farmers and moved to another place At harvest time he sent a servant to the tenants to collect from them some of the fruit of the vineyard But they seized him beat him and sent him away emptyhanded Then he sent another servant to them they struck this man on the head and treated him shamefully He sent still another and that one they killed He sent many others some of them they beat others they killed
He had one left to send a son whom he loved He sent him last of all saying They will respect my son
But the tenants said to one another This is the heir Come lets kill him and the inheritance will be ours So they took him and killed him and threw him out of the vineyard
What then will the owner of the vineyard do? He will come and kill those tenants and give the vineyard to others Havent you read this passage of Scripture The stone the builders rejected has become the cornerstone the Lord has done this and it is marvelous in our eyes?
Then the chief priests the teachers of the law and the elders looked for a way to arrest him because they knew he had spoken the parable against them But they were afraid of the crowd so they left him and went away
Later they sent some of the Pharisees and Herodians to Jesus to catch him in his words They came to him and said Teacher we know that you are a man of integrity You arent swayed by others because you pay no attention to who they are but you teach the way of God in accordance with the truth Is it right to pay the imperial tax to Caesar or not? Should we pay or shouldnt we?
But Jesus knew their hypocrisy Why are you trying to trap me? he asked Bring me a denarius and let me look at it They brought the coin and he asked them Whose image is this? And whose inscription?
Caesars they replied
Then Jesus said to them Give back to Caesar what is Caesars and to God what is Gods
And they were amazed at him
Then the Sadducees who say there is no resurrection came to him with a question Teacher they said Moses wrote for us that if a mans brother dies and leaves a wife but no children the man must marry the widow and raise up offspring for his brother Now there were seven brothers The first one married and died without leaving any children The second one married the widow but he also died leaving no child It was the same with the third In fact none of the seven left any children Last of all the woman died too At the resurrection whose wife will she be since the seven were married to her?
Jesus replied Are you not in error because you do not know the Scriptures or the power of God? When the dead rise they will neither marry nor be given in marriage they will be like the angels in heaven Now about the dead rising—have you not read in the Book of Moses in the account of the burning bush how God said to him I am the God of Abraham the God of Isaac and the God of Jacob? He is not the God of the dead but of the living You are badly mistaken
One of the teachers of the law came and heard them debating Noticing that Jesus had given them a good answer he asked him Of all the commandments which is the most important?
The most important one answered Jesus is this Hear O Israel The Lord our God the Lord is one Love the Lord your God with all your heart and with all your soul and with all your mind and with all your strength The second is this Love your neighbor as yourself There is no commandment greater than these
Well said teacher the man replied You are right in saying that God is one and there is no other but him To love him with all your heart with all your understanding and with all your strength and to love your neighbor as yourself is more important than all burnt offerings and sacrifices
When Jesus saw that he had answered wisely he said to him You are not far from the kingdom of God And from then on no one dared ask him any more questions
While Jesus was teaching in the temple courts he asked Why do the teachers of the law say that the Messiah is the son of David? David himself speaking by the Holy Spirit declared
The Lord said to my Lord Sit at my right hand until I put your enemies under your feet David himself calls him Lord How then can he be his son? The large crowd listened to him with delight
As he taught Jesus said Watch out for the teachers of the law They like to walk around in flowing robes and be greeted with respect in the marketplaces and have the most important seats in the synagogues and the places of honor at banquets They devour widows houses and for a show make lengthy prayers These men will be punished most severely
Jesus sat down opposite the place where the offerings were put and watched the crowd putting their money into the temple treasury Many rich people threw in large amounts But a poor widow came and put in two very small copper coins worth only a few cents
Calling his disciples to him Jesus said Truly I tell you this poor widow has put more into the treasury than all the others They all gave out of their wealth but she out of her poverty put in everything all she had to live on
Joint Tenancy: Formation
A conveyance of real property to two or more persons creates a joint tenancy when the four unities are present: (1) unity of time (all interests were received at the same time); (2) unity of title (all interests were acquired by the same instrument); (3) unity of interest (all ownership interests are equal); AND (4) unity of possession (all interests have equal rights of possession).
There MUST be clear express intent to create a joint tenancy, which may be satisfied by including such terms as “joint tenants”, “right of survivorship”, “joint tenants with right of survivorship”, or even “jointly” (if intent is proven). A right of survivorship means that when one joint tenant dies his interest in the land is automatically transferred to the other joint tenant(s).
Joint Tenancy: Severance
Generally, when one joint tenant unilaterally transfers his ownership interest in the real property, the joint tenancy is severed and the tenants will then hold the property as tenants in common.
Under the Modern View, a joint-tenant MAY transfer her interest in the property (as a joint tenant) to herself (as a tenant in common). However, Some States still require the use of a “straw man” as an intermediary to transfer the property interest to oneself as a tenant-in- common.
When a joint tenant conveys his interest in a joint tenancy to a third-party, that party takes the property as a tenant in common. If there are only two joint tenants, the joint tenancy is severed. However, if there are more than two joint tenants, the joint tenancy remains, but only among the other joint tenants.
When a joint tenant takes out a mortgage on her interest, the mortgage’s effect on the joint tenancy will depend on the jurisdiction. In a lien theory jurisdiction, the mortgage will NOT sever the joint tenancy. However, in a title theory jurisdiction, the mortgage will sever the joint tenancy, and the tenants will then hold the property as tenants in common.
When one joint tenant leases the property, the lease’s effect on the joint tenancy will depend on the jurisdiction. Most states follow the common law rule that a lease by one joint tenant severs the joint tenancy, wherein it is converted to a tenancy in common.
There was movement at the station, for the word had passed around that the colt from Old Regret had got away, and had joined the wild bush horses - he was worth a thousand pound; so all the cracks had gathered to the fray. The man from snowy river.
True blue, is it me and you? Is it mum and dad? Is it a cockatoo? Is it standing by ya mate when he's in a fight, or just vegemite. Hey true blue.
I am the bush and I am koala. We are one - go hand in hand. I am the bush like Banjo and Henry, it's in my blood - gonna make a stand. Rip rip woodchip - turn it into paper. Throw it in the bin, no news today. Nightmare, dreaming - can't you hear the screaming? Stirs my blood - gonna make a stand.
I've been around the world a couple of times or maybe more. I've seen the sights, I've had delights on every foreign shore. But when my mates all ask me the place that I adore, I tell them right away.
Give me a home among the gumtrees, with lots of plum trees. A sheep or two, a kangaroo, a clothesline out the back, verandah out the front, and an old rocking chair.
You can see me in the kitchen, cooking up a roast. Or Vegemite on toast. Just you and me, a cup of tea.
Once a jolly swagman camped by a billabong. Under the shade of a coolibah tree. And he sang as he watched and waited till his billy boiled. You'll come a waltzing Matilda with me.
Down came the squatter a riding on his thoroughbred. Down came the troopers one two three. Whose is that jumbuck you've got in the tucker bag? You'll come a waltzing Matilda with me.
When I was a young man, I carried me pack and I lived the free life of the rover. From the Murray's green basin to the dusty outback, I waltzed my Matilda all over.
Then in 1915, my country said "son it's time you stopped rambling, there's work to be done." So they gave me a tin hat, and they gave me a gun; and they marched me away to the war.
And the band played Waltzing Matilda, as the ship pulled away from the quay. And amidst all the cheers, the flag-waving and tears, we sailed off for Gallipoli.
For I'll go no more waltzing Matilda all around the green bush far and free, to hump tent and pegs, a man needs both legs. No more waltzing Matilda for me.
So they gathered the crippled, the wounded, the maimed and they shipped us back home to Australia. The legless, the armless, the blind, the insane, those proud wounded heroes of Suvla. And as our ship pulled into Circular Quay, I looked at the place where me legs used to be and thanked Christ there was nobody waiting for me to grieve, to mourn, and to pity.
But the band played Waltzing Matilda
They carried us down the gangway but nobody cheered, they just stood and stared. Then they turned all their faces away.
And so now every April, I sit on me porch, and I watch the parades pass before me. I see my old comrades, how proudly they march, reviving old dreams of past glories. And the old men march slowly, old bones stiff and sore; Tired old men from a forgotten old war. And the young people ask, "what are they marching for?" And I ask myself the same question.
One night while droving sheep, my companions lay asleep. There was not a star to illuminate the sky. I was dreaming I suppose, for my eyes were nearly closed, when a very strange procession passed me by. First there came the kangaroo with his swag of blankets blue, a dingo ran beside him for a mate. They were traveling mighty fast, and they shouted as they passed,“We have to jog along, it’s getting late.”
A strapping young stockman lay dying, his saddle supporting his head. All around him his comrades were standing as he raised on his pillow and said: Wrap me up with my stockwhip and blanket and bury me deep down below where the dingoes and crows can't molest me, in the shade where the coolibahs grow.
Travelling in a fried-out Kombi, on a hippie trail, head full of zombie. I met a strange lady, she made me nervous. She took me in and gave me breakfast. And she said, "Do you come from a land down under, where women glow and men plunder? Can't you hear, can't you hear the thunder? You better run, you better take cover."
Out on the patio we'd sit, and the humidity we'd breathe. We'd watch the lightning crack over canefields, laugh and think, this is Australia.
We have the chance to turn the pages over. We can write what we want to write. We gotta make ends meet, before we get much older. This time, we know we all can stand together. With the power to be powerful, believing we can make it better. Ooh, we're all someone's daughter, we're all someone's son. How long can we look at each other down the barrel of a gun? You're the voice, try and understand it. Make a noise and make it clear. We're not gonna sit in silence, we're not gonna live with fear.
Working hard to make a living, bringing shelter from the rain. A father's son left to carry on. Blue denim in his veins. Oh oh oh he's a working class man.
My mate, Boomer, rang. Said he was having a few people around for a Barbie. Will Walla be there? Vegie might come. Let's go, Anna. Only if Din goes. Nulla bores me. Ayers rock in. Alice springs into action. Thanks, Warra, ta. Has Eucum been in? Wait until Gum leaves.
On the lawn, Ceston. Marie knows. Leave Jack around a party. Adel laid it on me. Do you wanna game of euchre, Lyptus? Can Wom bat? Can Tenta field? Dar wins every time. Is Bass straight? Swim in the River, Ina. I've got no cossie, Oscar. Without a thread, Bo. Perish the thought. Lord! How? Hey! Man! How much can a Koala bear? Lead you astray, Liana.
Far better is it to dare mighty things, to win glorious triumphs, even though checkered by failure... than to rank with those poor spirits who neither enjoy nor suffer much, because they live in a gray twilight that knows not victory nor defeat.
It is hard to fail, but it is worse never to have tried to succeed. Teddy Roosevelt
Do what you feel in your heart to be right- for you'll be criticized anyway. You'll be damned if you do, and damned if you don't. Eleanor Roosevelt
Remember always that you not only have the right to be an individual, you have an obligation to be one. Eleanor Roosevelt
A life spent making mistakes is not only more honorable, but more useful than a life spent doing nothing. Sylvia Plath
I don't believe that the meek will inherit the earth; The meek get ignored and trampled. Sylvia Plath
Progress is impossible without change, and those who cannot change their minds cannot change anything. George Bernard Shaw
Success consists of going from failure to failure without loss of enthusiasm / Never, never, never give up / If you're going through hell, keep going. Winston Churchill
The truth is incontrovertible. Malice may attack it, ignorance may deride it, but in the end, there it is. Winston Churchill
So many worlds, so much to do, so little done, such things to be. Lord Tennyson
To strive, to seek, to find, and not to yield.
For truth is always strange; stranger than fiction. Lord Byron
Charity begins at home, and justice begins next door. Charles Dickens
I only ask to be free. The butterflies are free. Charles Dickens
Toshkent Kimyo xalqaro universiteti (TKXU) ilk bor Toshkent shahridagi Yеodju texnika instituti nomi bilan Oʻzbekiston Respublikasi Vazirlar Mahkamasi huzuridagi Taʼlim sifatini nazorat qilish davlat inspeksiyasining 2018-yil 24-iyuldagi №OT 0002 (033297) davlat litsenziyasi hamda Oʻzbekiston Respublikasi Vazirlar Mahkamasining 2019-yil 17-dekabrdagi №1007 qarori asosida mamlakatdagi birinchi xususiy oliy taʼlim muassasasi sifatida tashkil etilgan.
Universitet birinchi va ikkinchi mutaxassislik boʻyicha yuqori malakali bakalavrlarni (kunduzgi, kechki va sirtqi taʼlim shakllarida) hamda magistrlarni (kunduzgi taʼlim shaklida) tayyorlaydi. Ta’lim oʻzbek, rus va ingliz tillarida olib boriladi. Аkademik faoliyatni Janubiy Koreya, АQSh, Buyuk Britaniya, Germaniya, Fransiya, Italiya, Yaponiya va Malayziya kabi ta’lim sohasida yetakchi sanalmish xorijiy mamlakatlarning nufuzli universitetlari bitiruvchilari boʻlgan xalqaro va mahalliy professorlar amalga oshiradilar.
Hozirgi kunda TKXU ning 5 ta taʼlim maktabi tarkibida 28 ta bakalavriat va 20 ta magistratura mutaxassisliklari boʻyicha kadrlar tayyorlanmoqda. 2021/2022 oʻquv yilida universitetning Namangan shahridagi, 2022/2023 oʻquv yilidan boshlab esa Samarqand shahridagi filiallarining faoliyati yoʻlga qoʻyildi. 2022-yilda Oʻzbekistonning nodavlat oliy oʻquv yurtlari orasida TKXU birinchilardan boʻlib KAZSEE va IQAA agentliklarining taʼlim dasturlarini xalqaro akkreditatsiyadan oʻtkazish toʻgʻrisidagi sertifikatlariga ega boʻldi.
TKXU taʼlim xizmatlarini koʻrsatish uchun barcha litsenziyalarga ega bo‘lib, universitet bitiruvchilariga taqdim etiladigan diplom Oʻzbekiston hududida toʻlaqonli tan olinadi.
THE state or powerful institutions or people within the state using the law to target individuals and social media to undermine, destabilise and delegitimise individuals, organisations and institutions they think are working against the interest of the state, the country or their own, and using brute power to suppress dissent or alternative points of view with impunity, has become much more common in recent decades and across a wide variety of settings.
This is witnessed not just in countries where institutions of democracy and law are weaker; it has been happening in more advanced countries too. In particular, the US has thrown up plenty of examples over the last decade or so.
It is true, though, that these instances are more frequent, blatant and egregious in countries with struggling democracies and justice systems. Of course, these activities undermine democracy and the rule of law and justice even more.
We have seen these activities recently, and carried out quite openly, in Pakistan. A journalist went ‘missing’ for three to four months. Everyone ‘knew’ he had been abducted but no one can name the agencies who took him away. The courts could not get him out, and police refused to ‘find’ him. When he got back, there was no inquiry about where he had been, who had taken him and what all they did to him. His physical condition clearly told us that he had not been kept in comfortable circumstances, yet, no law-enforcement or judicial institution tried to step into the space.
Is the descent into fascism inevitable? One hopes not.
On the larger issue of ‘missing persons’, everyone knows they are not missing and state agencies have even acknowledged as much in the case of some. There has been a judicial commission on ‘missing persons’ for a long time, and cases have been in courts for years. The relatives of the ‘missing’ have been protesting on the streets and on social media for years. Yet, there has been no progress.
Every now and then, a judge of a higher court makes a statement but nothing comes out of it. It is all a badly acted drama. Nobody believes that institutions have any intention or power to check the impunity of the state agencies, but the drama continues. Families continue to be devastated at the hands of the ‘state’.
Recently, we have also seen the more blatant use of legal instruments and the law to target individuals. People are arrested on the basis of trumped-up charges and FIRs so that they stay in police custody or judicial remand for weeks while they try to get bail or the fake cases quashed. But even if they succeed in getting bail in one case or if the case is thrown out by the courts, the law enforcers have them arrested under a different FIR. Sometimes, there are multiple FIRs of the same incident in different jurisdictions, allowing the police custody of the person and the ability to move them around.
If the state does not want you to be free and to move about freely or express your mind, it has plenty of ways even within the law (though not in accordance with its spirit) to ensure you no longer have the freedom or ability to enjoy the freedom of movement and expression guaranteed to every citizen in almost every constitution or structure of governance.
Then there is the role of social media, which has made it easier for the government to be able to produce and disseminate information and/ or propaganda. State machinery can question, undermine and/ or destroy the reputation of an individual or institution by producing, reproducing and disseminating information or propaganda easily.
A person or an individual institution, even large institutions, are not able to counter the kind of firepower that a state can muster in the creation and dissemination of propaganda. We have seen many examples of this of late. This can be dangerous. Social media has not only been used for hate-mongering, it has also been used for inciting hate, even violence, against individuals and institutions. Again, we have seen many examples of this.
These things are not happening in Pakistan alone. India, over recent years, gives plenty of examples of this sort of egregious state behaviour. Maria Ressa, a journalist with 40-odd years of experience in the Philippines and the region, and the recipient of the Nobel peace prize for 2021, has documented it for the Philippines in her book How to Stand Up to a Dictator (2022).
She was at the receiving end of this treatment by the state in the Philippines. She has a dozen or so cases against her, has been arrested numerous times, her news organisation has borne the brunt of the repression, and all of this for trying to be a good journalist and report truthfully against the state.
The social media campaign against her and her organisation has also made her a target, to the point where she wears a bullet-proof vest when going out in public and has had to increase security around herself and her organisation multiple times. The legal fees alone of fighting the battle with the state almost bankrupted her organisation. But this is not the only example. There are plenty of other documented cases from many countries.
What is harder to see is a way forward. How does democracy and the rule of law and institutions of justice survive this new reality? Is the descent into fascism inevitable? One hopes not.
The people have to think of new ways of organising to be able to counter the state’s new tactics. Communities have to think through how interactions among its members can be structured to ensure this abuse of the law does not happen — if the state still makes it difficult, they have to ensure that individuals and institutions have support from others in the community.
It will take time to figure this one out. But a keen awareness of the new reality is the first step.
The writer is a senior research fellow at the Institute of Development and Economic Alternatives, and an associate professor of economics at Lums.
Responsibilities Regarding Non-Lawyer Assistants
A non-lawyer MAY work under the direct supervision of a practicing lawyer who is licensed in that jurisdiction. Supervising lawyers and partners must make reasonable efforts that a non-lawyer’s conduct is compatible with the lawyer’s obligations.
A lawyer MUST give such assistants appropriate instruction and supervision concerning the ethical aspects of their employment (particularly regarding the obligation not to disclose confidential client information). A lawyer is responsible for an assistant’s work product.
Additionally, a lawyer CANNOT assist a person in the unauthorized practice of law.
A lawyer is responsible for a non-lawyer’s ethical violation if the lawyer: (a) orders the conduct; (b) ratifies the conduct with knowledge of the specific conduct involved; OR (c) knows the employee’s conduct at a time when its consequences can be avoided, fails to take reasonable remedial action, and has managerial authority of the law firm or direct supervisory authority over the person.
A lawyer CANNOT compensate a person for recommending the lawyer’s services.
However, a lawyer MAY: (a) pay the reasonable costs of permitted advertisements/communications; (b) pay the
usual charges of a legal service plan or approved lawyer referral service; (c) pay for a law practice; OR (d) give nominal gifts as an expression of appreciation not intended/expected to be compensation for recommending the lawyer’s services.
Additionally, a lawyer MAY refer clients to another lawyer (or a nonlawyer professional) pursuant to an agreement (not otherwise prohibited) that provides for the other person to refer clients or customers to the lawyer, if: (1) the reciprocal referral agreement is not exclusive; AND (2) the client is informed of the existence and nature of the agreement.
A lawyer or his agent CANNOT solicit a person by in- person, live telephone, or real-time electronic contact for professional employment when a significant motive is for pecuniary gain UNLESS the person: (a) is a lawyer; (b) has a family, close personal, or prior business/professional relationship with the lawyer/law firm; OR (c) [ABA only] routinely uses the type of legal services offered for business purposes.
Real-time electronic contact DOES NOT include chat rooms, text messages, or other written communications that recipients may easily disregard (i.e. email).
Additionally, a lawyer CANNOT solicit a person when: (a) said person has told the lawyer to not solicit; OR (b) if it involves coercion, duress, harassment, or [intrusion - CA only].
Amount of Lawyer’s Fees
Under the ABA, a lawyer’s fee must be reasonable.
In CA, the fee cannot be unconscionable or illegal. “Unconscionability” has been described by the California Supreme Court as a fee that is so exorbitant and wholly disproportionate to the to the services performed as to shock the conscience.
Factors to determine whether the fee is ethical include: the time, skill, experience, degree of specialty, and difficulty required for the task; preclusion of other employment; amount and whether the fee is fixed/contingent; relationship with the client; services performed and results obtained; and whether the lawyer engaged in wrongdoing (fraud, overreaching, failure to disclose).
General Fee Agreements
Under the ABA, general fee agreements are NOT required to be in writing (except for contingency fee arrangements). However, the ABA requires that the fee be communicated to the client (a writing is encouraged, but not required).
In CA, ALL fee agreements must be in writing UNLESS: (a) the fee to be charged is $1,000 or less; (b) the work is routine work for a regular client; (c) the client is a corporation; (d) the client states in writing, after full disclosure, that a written fee agreement is not required; (e) an emergency to avoid foreseeable prejudice to the client’s rights/interests; OR (f) circumstances making a written agreement impractical.
In CA, fee agreements MUST include: (1) how compensation is calculated; (2) the nature of legal services to be provided; AND (3) the responsibilities of the lawyer and client.
Contingency Fee Agreements
A contingency fee agreement is an agreement between the lawyer and client, stating that the lawyer’s fees will be paid out of any recovery the client receives.
Requirements:
A contingency fee agreement MUST: (1) be in a
writing signed by the client; AND (2) include (i) the percentage of recovery the lawyer will take, (ii) the expenses that will be deducted from recovery, and (iii) whether the lawyer’s percentage is taken out before or after expenses.
In CA, the writing must also include: (3) how work or expenses not covered by the contingency fee will be charged; AND (4) that the fee is not set by law and is negotiable.
When Prohibited: The ABA and CA prohibit contingency agreements for: (i) domestic relations matters when payment is contingent upon securing a divorce or upon the amount of alimony/support/property settlement obtained – but contingency fees for recovery of post-judgment balances is allowed; and (ii) representing a criminal defendant.
Reasonable Fee:
Failure to comply with these rules renders the
agreement voidable at the option of the client, but the lawyer will still be entitled to collect a reasonable fee. A lawyer is also entitled to a reasonable fee when: (a)
there is a division of contingent fees between successive lawyers (i.e. a contingency fee lawyer has withdrawn with good cause OR is discharged by a client prior to deriving a recovery, and there is a later recovery); OR (b) a disqualified lawyer may be entitled to recovery for services performed prior to their removal under the unjust enrichment doctrine. The lawyer has the burden of proof to establish the reasonable fee.
Sharing Legal Fees with Non-Lawyers
A lawyer or law firm CANNOT share legal fees with a non-lawyer (including referral fees), except for: (a) death benefits paid to the deceased lawyer’s estate or heirs; (b) payments to a lawyer’s estate/representative for the
purchase of the lawyer’s practice; (c) compensation or retirement plan payments to non-lawyer employees – even
if the plan is based on profit-sharing; (d) court-awarded legal fees shared with a non-profit organization that employed retained, or recommended the lawyer; (e) a lawyer referral service operated in accordance with California’s minimum standards [CA only]; OR (f) non-court-awarded legal fees shared with a non-profit organization wherein (i) the fees arise from settlement or other resolution of a matter, (ii) in which the non-profit organization employed, retained, or recommended the lawyer, (iii) the non-profit qualifies as a 501(c)(3) organization under the Internal Revenue Code, (iv) the lawyer entered into a written agreement to divide the fee with the non-profit, (v) client consent is obtained in writing, and (vi) the total fee charged is not increased solely by the agreement to divide the legal fees [CA only].
Communication with a Represented Person
When a lawyer knows that a person is represented by counsel in a matter, the lawyer CANNOT speak to that person concerning the matter UNLESS: (a) the lawyer has permission from person’s lawyer – the represented person solely agreeing to speak is insufficient; (b) for communications authorized by law or a court order; OR (c) for communications with a public official, board committee, or body [CA only].
Subject to the exceptions above, this rule also covers any employee or agent of an organization whose communication might bind or be imputed to the represented organization.
Communication with a Represented Person
A lawyer has a duty to investigate the claims/defenses/arguments filed on behalf of a client, and CANNOT file frivolous positions with the Court. A good faith argument for an extension, modification, or reversal of existing law is NOT deemed frivolous.
In CA, the rule also specifically prohibits actions, defenses, positions, and appeals that lack probable cause AND are intended to harass or maliciously injure.
Under the ABA: At trial, a lawyer SHALL NOT: (a) allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence; (b) assert personal knowledge of facts in issue except when testifying as a witness; OR (c) state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused.
Whether a lawyer satisfied his duty to investigate the claims, defenses, and/or legal positions is measured by what a reasonable attorney would do in similar circumstances.
A lawyer for a defendant in a criminal proceeding (that could result in jail time) may nevertheless defend by requiring that every element of the case be established.
