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Book part
Publication date: 18 April 2009

Masayuki Murayama

Purpose – To find major determinants of access to legal services and consider an effective way of expanding access to lawyers.Methodology – (1) A survey of Japanese…

Abstract

Purpose – To find major determinants of access to legal services and consider an effective way of expanding access to lawyers.Methodology – (1) A survey of Japanese individuals between 20 and 70 years of age, conducted in 2005; (2) A survey of visitors at legal advice centers of Bar Associations, conducted in 2007 and (3) A survey of visitors at law offices, also conducted in 2007.Finding – The use of a lawyer for legal services is not affected by income or a general knowledge of the law, but by the past experience of using a lawyer and personal connections with a legal professional. Both lawyers and people have anxieties about each other. Thus, a lawyer wants to accept a client who is introduced by someone that the lawyer knows personally. People who seek legal advice also worry about the cost and the unapproachabilility of lawyers. Direct or indirect personal connections help to reduce such anxieties. This traditional pattern of legal access is found among visitors at law offices. However, visitors at legal advice centers do not have such experience or connections. Legal advice centers, rather than to law offices, could expand access to lawyers more effectively, because the former is easier for people without personal connections to get access to legal advice.Research limitations – The response rate of the office survey is very small.Value of chapter – It contributes to a current debate on what affects the use of a lawyer and suggests a policy for expanding access to lawyers in Japan.

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Access to Justice
Type: Book
ISBN: 978-1-84855-243-2

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Article
Publication date: 12 July 2013

Aiman Nariman Mohd‐Sulaiman

In recent enforcement actions by several capital market regulators in some common law jurisdictions, the issue of directors' reliance on legal advice in relation to…

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Abstract

Purpose

In recent enforcement actions by several capital market regulators in some common law jurisdictions, the issue of directors' reliance on legal advice in relation to compliance with their statutory duties has been raised. This paper aims to discuss the dilemma faced by directors and regulators in assessing the extent to which reliance on legal advice can provide sufficient protection against allegation of breach of directors' duties and the disclosure obligation.

Design/methodology/approach

This paper discusses recent case studies that highlight the often conflicting regulatory stance.

Findings

These cases indicate that the disclosure conundrum is a real challenge to regulators and directors alike. These enforcement activities have resulted in mixed views as to whether these decisions have rightly upheld the standard of care expected to be exercised by directors or are unduly burdensome and not pragmatic for honest and well‐meaning directors.

Research limitations/implications

The legal position is still evolving in view of the numerous regulatory actions in various jurisdictions regarding financial reporting and disclosure obligation of directors and corporations.

Originality/value

Given the numerous disclosure and reporting obligations that a listed company must comply with and the regulatory enforcement actions that may be taken against the directors, it is important for directors to understand the implication of this case and similar enforcement activities on directors' oversight duty.

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Journal of Financial Crime, vol. 20 no. 3
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 1 August 2016

Cristina López-Cózar-Navarro, Tiziana Priede-Bergamini and Sonia Benito-Hernández

The purpose of this paper is to suggest two main objectives: to analyze if the size of the company is determined by the use of external legal and human resources (HR…

Abstract

Purpose

The purpose of this paper is to suggest two main objectives: to analyze if the size of the company is determined by the use of external legal and human resources (HR) advice; and to analyze if the size of the family business is determined by the use of these two same types of external advice.

Design/methodology/approach

The assessment is developed (2,013 firms, the Spanish industrial sector) by using descriptive statistics to compare the features of the different types of firms in the sample: family and non-family ones. This is completed with a test of equality of means and using econometric models.

Findings

Regarding legal advice, results show that as far as legal matters are concerned, when family businesses make greater use of this type of advice, they are smaller. This is a remarkable and interesting result because it differs from non-family firms, in which the use of this type of advice is positively related with size. Regarding the use of HR advice, while it remains significant in general cases with a positive result, this is not the same for family firms.

Originality/value

The use of advising in family firms is seldom dealt with in the literature, despite its helpfulness for family firm managers. There is gap in this field and a great deal of interesting research remains to be developed, because the authors consider that factors determining the use of advice in family and non-family firms are different.

Propósito

El presente documento propone dos objetivos principales: (1) analizar si el tamaño de la empresa está relacionado con el uso de asesoramiento externo tanto jurídico como de recursos humanos. (2) examinar si para el caso de la empresa familiar su tamaño está relacionado por el uso de estos dos mismos tipos de asesoramiento externo.

Diseño/metodología/enfoque

El análisis se desarrolló (2.013 empresas, el sector industrial español) utilizando técnicas de la estadística descriptiva para comparar las características de los diferentes tipos de empresas de la muestra: familiares y no familiares queridos. Esto se completa con una prueba de la igualdad de medios y el uso de modelos econométricos.

Hallazgos

En cuanto a asesoramiento jurídico, los resultados muestran que, en lo que se refiere a asuntos legales, las empresas familiares hacen un mayor uso de este tipo de consejos a medida que son más pequeñas. Este es un resultado notable e interesante, ya que se diferencia de las no familiares, en las que el uso de este tipo de asesoramiento se relaciona positivamente con el tamaño. Respecto al uso de asesoramiento de recursos humanos, mientras que sigue siendo significativa en los casos generales con un resultado positivo, este no es el mismo para las empresas familiares.

Originalidad/valor

El uso de asesoramiento en las empresas familiares rara vez se aborda en la literatura, a pesar de su utilidad para los directivos de este tipo de empresas. Hay un vacío en este campo y una gran cantidad de investigación interesante que queda por desarrollar, teniendo en cuenta sobre todo, que los factores que determinan el uso de asesoramiento en las empresas familiares y no familiares no son los mismos.

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Academia Revista Latinoamericana de Administración, vol. 29 no. 3
Type: Research Article
ISSN: 1012-8255

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Article
Publication date: 1 March 1992

J.R. Carby‐Hall

In the Foreword to the first Annual Report of the Commissioner for the Rights of Trade Union Members, Mrs.Gill Rowlands says “As Commissioner I am able to provide material…

Abstract

In the Foreword to the first Annual Report of the Commissioner for the Rights of Trade Union Members, Mrs.Gill Rowlands says “As Commissioner I am able to provide material assistance to union members contemplating or taking certain proceedings in connection with … matters specified [in] … the 1988 Act. If assistance is granted, the applicant will know that he/she will not be placed at a disadvantage by a lack of ability to obtain legal advice or pay legal costs in connection with those proceedings.”

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Managerial Law, vol. 34 no. 3/4/5
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 February 1981

John C. Vann

Seeking legal advice today can be extremely costly, and Legal Aid is generally only available to the least well‐off members of society. But a special legal advisory…

Abstract

Seeking legal advice today can be extremely costly, and Legal Aid is generally only available to the least well‐off members of society. But a special legal advisory service has been set up aimed at employers or groups of individuals. Our correspondent explains.

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Retail and Distribution Management, vol. 9 no. 2
Type: Research Article
ISSN: 0307-2363

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Article
Publication date: 25 July 2008

Joanna Gray

The purpose of this paper is to report and comment on Financial Services Compensation Scheme Ltd v. Abbey National Treasury Services plc.

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243

Abstract

Purpose

The purpose of this paper is to report and comment on Financial Services Compensation Scheme Ltd v. Abbey National Treasury Services plc.

Design/methodology/approach

The paper outlines the facts surrounding the case and comments on the decision.

Findings

The Court agreed with the FSCS's view and upheld its claim to legal advice privilege for both the questions and answers and the relevant narrative commentaries that appeared on the investor claim checklists.

Originality/value

This decision represents an interesting consequence of the rationalisation and assignment to the FSCS of private investors' claims for redress in the wake of firms' default triggering regulatory compensation payments.

Details

Journal of Financial Regulation and Compliance, vol. 16 no. 3
Type: Research Article
ISSN: 1358-1988

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Article
Publication date: 25 October 2018

Ni Zhang, Yi-fei Pu, Suiquan Yang, Jinkang Gao, Zhu Wang and Ji-liu Zhou

This paper aims to build a legal intelligent auxiliary discretionary system for predicting the penalty and damage compensation values. After extensively considering…

Abstract

Purpose

This paper aims to build a legal intelligent auxiliary discretionary system for predicting the penalty and damage compensation values. After extensively considering current the characteristics of the current Chinese legal system, a practical legal intelligent auxiliary discretionary system based on genetic algorithm-backpropagation (GA-BP) neural network (NN) is proposed herein.

Design/methodology/approach

An experiment is designed to analyze cases involving mental anguish compensation in medical disputes, and a Chinese legal intelligent auxiliary discretionary adviser system is built based on a GA-BP NN. Because BP neural networks perform well for nonlinear problems and GAs can improve their ability to find optimal values, and accelerate their convergence, a combined GA–BP algorithm is used. In addition, an ontology is used to reduce the semantic ambiguities and extract the implied semantic information.

Findings

We confirm that a case-based legal intelligent auxiliary discretionary adviser system based on a GA-BP NN and ontology techniques has good performance in prediction. By predicting the mental anguish compensation values, the legal intelligent auxiliary discretionary adviser system can help judges to handle cases more quickly and ordinary people to discover the suggested compensation or penalty. In contrast to BP NN or SVM, the result seems more close to the actual compensation rate.

Practical implications

Recently, smart court has been developed in China; the purpose of which is to build the legal advice system for improving judicial justice and reducing differences in sentencing. A practical legal advice system is an urgent requirement for the judiciary.

Originality/value

This paper presents a study of a case-based legal intelligent auxiliary discretionary adviser system based on a GA-BP NN and ontology techniques. The findings offer advice to optimize legal intelligent auxiliary discretionary adviser systems for mental anguish compensation in medical disputes.

Details

The Electronic Library, vol. 36 no. 6
Type: Research Article
ISSN: 0264-0473

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Article
Publication date: 9 April 2020

Doron Goldbarsht

This paper aims to explore the ways in which the international standards in the field of anti-money laundering (AML) and counter-terrorist financing (CTF) have reshaped…

Abstract

Purpose

This paper aims to explore the ways in which the international standards in the field of anti-money laundering (AML) and counter-terrorist financing (CTF) have reshaped regulatory regimes in a globalised world.

Design/methodology/approach

This paper deconstructs the origins and development of international standards in the field of AML and CTF dealing with longstanding legal professional privilege. This paper adopts both qualitative and quantitative research methodologies. The qualitative aspect comprises a literature review of sources, including scholarly works, Financial Action Task Force (FATF) recommendations, reports and domestic laws. The quantitative aspect analyses a unique and comprehensive table reproduced below, that indicates Australia’s compliance with all the FATF recommendations over more than a decade with full alternation to FATF’s revisions of its recommendations.

Findings

This paper demonstrates that an understanding of the influence of the FATF norms can shed light on the departure from regular lawmaking processes and emerging forms of international governance. The conclusion suggests that tranche II is coming and Australia will amend it in domestic regime to comply with the international standard, applying the AML/CTF regime to the legal profession and thus interfering with legal professional privilege. The question is not if but when.

Originality/value

This paper fills the gaps in the existing literature by contemplating the future of legal professional privilege globally and in Australia, which provides a case study of a regime that does not yet comply fully with AML and CTF international standard. This approach differs significantly from that of other literature in the field, which deals comprehensively with the theoretical foundations of legal professional privilege, as well as its practicalities and limitations, without considering the influence of the international non-binding norms.

Details

Journal of Money Laundering Control, vol. 23 no. 3
Type: Research Article
ISSN: 1368-5201

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Article
Publication date: 1 December 2002

Shuhua Liu, Joanna Carlsson and Sirpa Nummila

Mothers, especially working mothers, take an active role in many activities. They manage the family’s daily lives. They take care of children. They work or study. And they…

Abstract

Mothers, especially working mothers, take an active role in many activities. They manage the family’s daily lives. They take care of children. They work or study. And they also strive to take care of themselves. Working mothers are normally overloaded with all kinds of tasks ‐ almost on a daily basis, year after year. Although there are many many kinds of useful information and services available over the Internet that could be a big help to mothers, working mothers or mothers with children around them at home are often so occupied that they cannot afford the luxury of sitting in front of a computer to access those services. So, what kind of services could help to make their lives a bit easier? Readily accessible mobile services over the wireless network seem to be exactly what they need. But what mobile e‐services do working mothers need? What is the specific added value offered by such services? These form the issues that we will address in this paper.

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Journal of Systems and Information Technology, vol. 6 no. 2
Type: Research Article
ISSN: 1328-7265

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Article
Publication date: 1 March 2000

Harvey L. Silets and Daniel L. Overbey

‘Even in the very few instances where the accused has intrusted his defender with a full confession of his crime, we hold it to be clear that he may still be lawfully…

Abstract

‘Even in the very few instances where the accused has intrusted his defender with a full confession of his crime, we hold it to be clear that he may still be lawfully defended. The guilt of which he may be conscious, and which he may have so disclosed, he has still a right to see distinctly proved upon him by legal evidence … Human beings are never to be run down like beasts of prey, without respect to the laws of the chase.’

Details

Journal of Financial Crime, vol. 8 no. 1
Type: Research Article
ISSN: 1359-0790

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