Wednesday, October 30, 2019
Formal and Informal Organisations Essay Example | Topics and Well Written Essays - 1000 words
Formal and Informal Organisations - Essay Example The paper tells that the nature of clientele and the manner of activities that form their core objectives sometimes demand that formality can be suspended to attain immediate outcomes as situations of the health of patient might warrant. Nevertheless, for the reasons of administrative effectiveness, they must strive to retain formal organization to stand the challenges of the medical-legal issues, economy, and the body politics medical professionalism. This critical analysis looks at the pertinent predicaments in the health and social services sector and evaluates the remedies that they may have to manage such exigencies. Social or health organizations derive their institutional power from the quality of services they render to clients. They must, therefore, objectify their systems to their most desirable outcomes without which they may have no regard. On the other hand, such organizations render very useful services to the public and therefore must be very rigidly controlled and reg ulated. They organizational types they must embrace therefore result from a unique mix of opportunities and challenges. Conventionally, health and social organizations assume a formal design because of the centralized administrative practices in the public sector. Mixed systems in the institutional plan are therefore called for to bridge the gap between uncertainties and emergency. It is through the mixed designs that many organizations adjust to their real predicaments and survive the market. Without the ability to survive, organizations would simply perish to bankruptcy. The demands at the operations end of the organization are enormous. It is the nature of such demands that compel the organizations to adjust to informal approaches to such operations. It must be mentioned that such organizations retain perfect formal operations at the policy and administrative levels.
Monday, October 28, 2019
The Organization System Essay Example for Free
The Organization System Essay The Organization System consists of the people who worked for achieving their goals as a team. In an organization, there is a hierarchy consisting of a leader at  the top to the people at the bottom working under him. This hierarchy is subdivided in lower hierarchical order also. Thus in the organization different set of people comprise themselves to form an organization. The leader  keeps his sharp look at the team to watch whether the organization is functioning effectively or not. The role of the leader is very important in organization to keep it running.            The responsibility of a leader is to correlate the members of the organization effectively. Thus he also plays the role to eliminate the situations of conflicts. Thus in these various functions of the leader, the leadership quality for removing the conflicts in the organization is also extremely important for him. By removing the conflicts the leader will be in leading stage to work along with the members of the team.            The challenge for leaders is to effectively manage and resolve such conflicts or, better yet, anticipate and prevent them from happening at all, says CCLs Patricia Ohlott (Patty Ohlott         page 1). According to the traditional view of conflicts, the leader must have to avoid the conflicts which may be for higher designation, appraisal and others. The leader by using his leadership qualities has to eliminate this uncharacteristic and irregular part. In the traditional view related to the theory, the leader has to decline the conflict and get the member to continue the  work.            According to the human relational point of view for conflict, the conflicts will happen in the organization. The leader can resolve the problem by creating routine contact with his team. This is the simplest way of resolving the conflicts. by having the reward system one can resolve the conflict. But according to the interactionist view, the conflicts every time generate a new situation. Thus the leader must be innovative in his ideas, so that he can handle the various new situations of conflicts. The leader every time will be able to introspect his organization by having conflicts so that he can judge the situation whether his organization is working effectively or not.            The leadership quality enables the leader to improve the capability or capacity of the organization. When the leader will be working effectively, then the functioning of the organization will continue successfully. The volatility of the organization depends on leader itself. If the leader is able to predict the upcoming situation, then the organization will not endure itself. The leader has to predict the situation whether they are related to the market or related to the internal affairs with in the organization. The leader has to eradicate the complexity by using the different techniques and reviewing inside organization and the market situation.            The power means authority to govern or leading the organization. â€Å"Policies or lack of policies often are  the initial reason for conflict†. â€Å"Personality clashes, clumsy communication and lousy dispute resolution techniques are often why conflicts escalate† (PSO Power Tools       page 1).            In case of traditional view of conflict, the power can resolve the conflict necessarily. By having the power the person in charge can dismiss, suspend demote a particular who is creating the conflicts. By the power, the leader can negotiate with the stakeholders and work for the paramount functioning. The power according to the human relations view, can resolve the conflicts as by having the power, the continuously happening conflicts. The power can suppress the conflicts by eliminating the evil stuff which is originating the conflicts. By power the person in charge can influence his downstream to work by having team-work and coordination. According to the ineractionist view, the conflicts  are cause to decentralize the power. Thus the person having power in an organization has to correct the situation to stabilize the issue. Thus the person can be able to review his state and outcome of the conflicts to build the new strategies for resolving the further difficulties.            The power can enhance the capacity of the organization by keeping watch on every perspective inside organization and suppress the troubling elements. The powerful person in an organization can acquire the position to create the opportunities for the benefit of the organization. The volatility in an organization can be eliminated by using the power. The power has to predict the situation by negotiating effectively with the other beneficial sources and the internal sources within the organization. The complexity is feature which can be reduced by the power either forcefully or by indulging the complex parts or sources in other streams for the fruitfulness of the organization.            The concept of organizational politics defined as the as the exercise or the use of power, with power being defined as a  potential force. More than 90% of respondents said that politics is common in organization. 89% said that successful executives must be good politicians and 76% said that higher one progresses in an organization.            The politics is the key factor for creating the conflicts in an organization. The politics according to the traditional view, the politics is one of the key factors for containing conflicts inside an organization. The political scenario in an organization will create misbehavior in the functioning of an organization. The occurrence of the conflicts is basically many times based on the politics only. According to human relation view, the conflict  can happen in any organization. The structural changes happens, are due to the politics by the members inside an organization. The member causes the politics for stopping other’s growth or for their personal growth also. The interactionist view laid some different idea over the politics in an organization. The politics causes the different circumstances many a times. So the politics causes the fact for an organization to review its strategies  inside an organization.            The politics can degrade as well as enhance the capability of an organization. The politics can cause problem to opponents for better working of the organization. The volatility is the factor which is due to the politics in an organization. For example, if one policy is being implementing in an organization, the politics by someone can revert the position also. Similarly the complexity in the hierarchical structure is also caused by the politics. Due to it, the eligible person get ignored many of the times, which causes the complexity and hence instability.            Thus in an organization the leadership, power and the politics are very important and play a key role in better functioning of it. Reference: 1) Jeffrey Pfeffer, Managing with Power: Politics and Influence in Organizations, Harvard Business School Press .http://books.google.com/books?hl=enlr=id=pdsu3ilaAoECoi=fndpg=PR7dq=politics+organization+conflictsots=N8vFMYLhfKsig=D9rOGuygpm7kBHXAI63WSbmD4NQ#PPA7,M1 2) Power, Politics, and Conflict, Richard Field on Management and Information Science. http://www.business.ualberta.ca/rfield/Power%20Politics%20and%20Conflict.htm 3) Patty Ohlott, Identity: A New View for Leading in a Diverse World,Identity and Conflict: A Leaders Role, July 2005. http://www.ccl.org/leadership/enewsletter/2005/JULconflict.aspx?pageId=1292 4) PSO Power Tools, Conflict Management 3, April 2003. http://209.85.135.104/search?q=cache:po8MFHv9z7gJ:www.sportmanitoba.ca/downloads/PT_Conflict_Mgmt.pdf+power+organization+conflicthl=enct=clnkcd=19gl=inclient=firefox-a 5) EH Schein Organizational culture and leadership, 1992. http://www.fcsh.unl.pt/docentes/luisrodrigues/Organizational%20Culture.doc Work-cited: 1) Jeffrey Pfeffer, Managing with Power: Politics and Influence in Organizations, Harvard Business School Press .http://books.google.com/books?hl=enlr=id=pdsu3ilaAoECoi=fndpg=PR7dq=politics+organization+conflictsots=N8vFMYLhfKsig=D9rOGuygpm7kBHXAI63WSbmD4NQ#PPA7,M1 2) Patty Ohlott, Identity: A New View for Leading in a Diverse World,Identity and Conflict: A Leaders Role, July 2005. http://www.ccl.org/leadership/enewsletter/2005/JULconflict.aspx?pageId=1292 3) PSO Power Tools, Conflict Management 3, April 2003. http://209.85.135.104/search?q=cache:po8MFHv9z7gJ:www.sportmanitoba.ca/downloads/PT_Conflict_Mgmt.pdf+power+organization+conflicthl=enct=clnkcd=19gl=inclient=firefox-a
Saturday, October 26, 2019
What Is An American Essay -- Definition Essys Expository Papers
Since this great country was first established many intuitive minds have tried to answer the question; "What is an American". This country is full of individuals of many backgrounds, and diversities and each person has a different opinion on this question. In my opinion, an American is someone who values freedom and equality and pursues the "American dream." Every American exercises these rights and these are great adjectives to describe our country. Each of the seven readings, and the one image I compiled help mold this broader definition into a more precise description of an American. Robert Creeley, an influential American writer and poet, lived the ideal American dream. He wrote about his struggles early in his life. He lost his father at an early age and went away to school at the age of fourteen. He overcame all adversity to work hard for a living and, in return, live the American dream. He also wrote that the United States is a place where all people want to go because it offers a chance at renewal and making their lives better (Creeley). This, in its essence, is the American Dream; A happy and successful life to which all may aspire. My image represents this through the picture of the big house and the expensive car. Thomas Jefferson, one of the founding fathers of America, in a letter to John Adams, wrote about the benefits of America. He wrote about people coming to America and pursuing any profession they wanted and they were protected by the law (Jefferson). At that time this was the American dream; hard work could lead to a better life. This led to having enough earnings to support a family and it transformed into something totally different. Henry James, a European, around the same time criticized this id... ...ction. Works Cited Adams, John. The Adams-Jefferson Letters: The Complete Correspondence Between Thomas Jefferson and Abigail and John Adams. Chapel Hill: The University of North Carolina Press, 1988. Alvarez, Julia. The Woman I Kept to Myself. Algonquin Books, 2004. Creely, Robert. The Collected Essays of Robert Creely. Berkeley: University of California Press, 1989. Hughes, Langston. The Collected Poems of Langston Hughes. Vintage, 1995. James, Henry. Works of Henry James. Including The Portrait of a Lady, The Turn of the Screw, The Ambassadors, The Bostonians, The Europeans, The Wings of the Dove. MobileReference, 2009. Mayers, Florence. A Russian ABC: Featuring Masterpieces from the Hermitage, St. Petersburg (Mayers, Florence Cassen. ABC.). ABRAMS, 1992. Nye, Naomi. Fuel: Poems by Naomi Shihab Nye. BOA Editions Ltd., 1998.
Thursday, October 24, 2019
The Internets Accuracy and Usefullness :: Internet Research Papers
The Internet's Accuracy and Usefullness The following 15 web sites that I found on the Internet about the topic "Teenage Drinking and Driving" were given a rating between 1-5, with 1 being the lowest and 5 being the highest. I have listed these paragraphs in order with statistics being first, then prevention, and finally why teenagers drink and drive. Plus, I have an article and a book that I found on this topic. The information that I found on these web sites could be useful in writing a research paper, but I ask this question to myself: Can I find this data and information somewhere else? In my judgement when anyone is doing a research paper you can find the same data you find on the Internet in a book, magazine, or newspaper article. Although, I think that the Internet isn't very helpful in writing a research paper, some sites do have good data, but you just have to know how to find a good site. The web sites dealing with statistics were given a rate of 4 because I found them to be accurate sites for teenage drinking and driving, but you could find these sites in a book or article. The reason that I did not give them a 5 is because I did not feel that they were unique, and that you could not find them in another place. For example, in the web site called "Teenage Drunk Driving! Know the Facts!" This web site gave a lot of statistics on teenage drinking and driving, and how serious a problem it is in that specific age group (www.fugitive.com/is18.html). Another site that gave a lot of statistics was the site called "What the Research says about Youth and Drinking and Driving and Ways to Apply Research." This site gives statistics on teenage drinking and driving too, but it also talks about laws that should be passed in order to come down harder on DUI's because of the deaths that occur with these accidents (www.ncadd.com/tsra/abstracts/youth.html). The web sites in this paragraph also deal with statistics and was given a rating of 3. Although, these web sites were less accurate than the 4’s, I would probably use some of these. The first one comes from the California Office of Traffic Safety, gives statistics about Teenage Drinking and Driving in California (www.ots.ca.gov/campaign/3d98impaired.html) Next was the site from the Arizona Department of Safety, gives information on statistics of drinking and driving in Arizona compared to other states (www.
Wednesday, October 23, 2019
Building Defects
Introduction: Decay and deterioration can happen in a building for any number of reasons. The first being poor repair and maintenance of the building over its life by users or those responsible for its maintenance such as a landlord etc. It can also mean that there were original problems with the building that impair its ability to function as intended, these may not have been uncovered during the snagging process at the end of the construction stage.These building problems are referred to as defects, depending on the type of contact most contracts have a 12 month defect period, this enables the users (and funders) to live in the building through the different seasons and see if any problems occur. A latent defect is after the 12 month defect period has lapsed and the new building shows signs of problems that are so significant that they can stop its functionality (a latent defect period can last up to 12 years on some contracts). Please find below some common reasons for defects: * Design IssuesDesign professionals (such as architects or engineers) could perhaps specify material or equipment that cannot perform as intended. For example: a geological survey that does not cover enough areas on a site could mean that the subsoil is not consistent across the site and therefore could eventually cause subsidence in the building. The architect’s motivation for the design may be with the building form, function or aesthetics but the completed design could result as a defect as any cost considerations or value engineering if not well planned, managed and coordinated could result in a defects.The use of inferior building materials can cause problems such as windows that leak or fail to perform and function adequately, even when properly installed. Leaking windows are a common defect and prevention requires good workmanship. * Site supervision during construction period Poor supervision during the construction period can result in poor quality and sub standard wor kmanship. For example: this can often manifest in water infiltration through some portion of the building structure (cracks in oundations, floor slabs, walls, dry rotting of wood or other building materials), electrical and mechanical problems, plumbing leaks and back-ups, lack of appropriate sound insulation and fire-resistive construction between adjacent housing units, etc. The above can prevented with a good Quality Assurance process in place that ensures that all trades are well supervised on site, accurate records are kept on workmanship (this can include pictorial evidence) and guidance is given to all staff on the quality expectations that have to be achieved on site.The traditional role of Clerk of Works should also be used to ensure that all measures are met on site level. * Maintenance No building lasts forever. Day to day planned maintenance of a building is required to ensure that it prevents any problems in the future. Poor planned maintence can cause defects to occur in buildings that would have performed well had they been cared for properly. For example: a master plan for the buildings mechanical and electrical (M&E) equipment to be replaced (such as Boiler replacements, lighting upgrades, ICT Category cabling upgrades etc. also phased window or roof replacement schedule to ensure that all that entire building envelope is protected to protect from the elements. If maintenance of buildings are not kept up to date then in some contracts ‘latent defects’ would not be honoured as the users have not maintained the works that were carried out in line with the contract therefore the contractors would not be obligated to rectify any defective works. * Service installationSome equipment requires regular servicing under the terms of its guarantee. For example: If a boiler that has been installed with a 10 year warranty is not annually serviced then the manufacture can advise that the user did not meet their obligations and therefore any replacement in the 10 year period would fall to the user to fund. Common Defects found in Low-Rise Housing: Please see below mock defects sheets in relation to the defects outlined in ‘Common Defects in Low-Rise Housing’.These outline the defect, the cause of the defect, the remedy required to rectify the defect and finally any supporting building regulations/guidelines that support this process. STAGE:A| WORKS/JOB SHEET NO. 6| LOCATION:South Wall| DATE:26th May 2010| BRE REF NO. Defect Action Sheet 116| DEFECT: Insufficient wall ties below Damp-proof Level | CAUSE: Poor design and specification | FUNCTION:A wall tie is a small piece of metal generally made of steel that is installed between a cavity wall void or between two adjoining walls. The purpose of this is to keep both walls together at all times.A wall tie allows slight movement for expansion but if correctly fitted stops each wall acting independently of one another so therefore keeps the building strong and stable. | DEFECTIVE AREA: * Corroded and show signs of de-laminating (this is when the metal starts to peel and splinter) * Corroded due to water egress (decaying of the tie means loss of strength) * Corroded show signs of ferrous oxide (this is when the metal bubbles and expands) this can cause lifting and cracking the brickwork * Cavity walling that is blocked with decayed mortar that bridged the DPC. Poorly fitted wall ties (this means that it does not function as originally intended) * Incorrect wall ties used (there are 4 different types of wall ties – each tie has its own best area for use)| DEFECTIVE CORRECTION REQUIRED: * Ties should be placed at 900mm centres horizontally and 450mm vertically * Sufficient lap of Damp proof course is required all round * Wall ties to be of a minimum size 5/m2 * Ensure that ties are as specified and are of the correct type * Use BS or BBA Certificated ties of length and type suitable for cavity width and purpose * Space ties in accorda nce with BS 5628: Pt 3: 2001.For example: the cavity width should be 50 to 300mm, number of ties 2. 5 per m2, 900 mm horizontally 450mm vertically and provide extra ties adjacent to openings * Check that there is a row of ties at every sixth course of bricks * Ties should be staggered and evenly distributed * Check that the horizontal spacing’s have the correct number of specified ties per m2 * Check that ties are at every block course within 225mm of opening | RELEVANT BRITISH STANDARD:| * BS:5628 Pt 3. 2001 | | | | | STAGE:A| WORKS/JOB SHEET NO. 1| LOCATION:Rear externals| DATE:26th May 2010| BRE REF NO.Defect Action Sheet 96| DEFECT: Mature trees too close | CAUSE: Poor design and specification | FUNCTION:Movement where a building is in close proximity of a mature trees. This is a common problem found generally in the following species Oak, Poplar, Ash, Plane, Willow and Elm although any very large mature tree close to a building can spell disaster. These trees require a c onsiderable amount of water to grow much of this is taken up by their root system. For example: a mature poplar can take up to 50,000 litres of water from the sub-soil each year.The more mature the tree the greater amount of water it requires. The outcome of the site survey and soil investigation should inform the decision on the type of substructure to be used for the proposed buildings in relation to soil type, saturation levels and lay of land e. g. sloping etc. It is recommended that buildings be built at least a distance equivalent to the tree’s height away from that tree to protect both the tree and the building although in some cases of Willow, Poplar and Elm the root radius can be twice that of the tree height. DEFECTIVE AREA: * The trees potential root radius has not been calculated correctly * Poor choice of substructure for the new building| DEFECTIVE CORRECTION REQUIRED: * Repair works require the retrospective installation of a root barrier (see attached diagram) . This means detailed surveys are required to identify were the tree roots are. If the tree has a Tree preservation order (TPO) on it then any damage to its roots could mean an appearance in Majesties court and a fine up to ? 20,000| RELEVANT BRITISH STANDARD:| * BS:5837 * Approved Document A & C * Tree Preservation Orders: A Guide to the Law and Good Practice 2000|STAGE:A| WORKS/JOB SHEET NO. 22| LOCATION:Flank wall| DATE:26th May 2010| BRE REF NO. Defect Action Sheet | DEFECT: Poor Mortars, Bricks, Blocks in sub-structure| CAUSE: Poor design and specification Poor site supervision| FUNCTION:Mortar is used a bonding agent to secure brick and block work. These three elements used together ensure that the building is sound, secure and water tight. | DEFECTIVE AREA: * Poor specification of an inferior brick and blocks that are engineered to support the loadings of the finished building is poor design planning.A poorly specified mortar could also be the reason that water could ingr ess the building this could lead to significant problems later for the building. * Poor site supervision of this area could mean that the mortar is poorly laid or not given enough time to set, or could even have been laid in the wrong temperatures such as Frosty weather. | DEFECTIVE CORRECTION REQUIRED: * The building may require additional support. For example: underpinning externally could support the substructure sufficiently enough to take the load away from the problem areas. The best method in this case is to pile and beam. This method stabilises the existing substructure by using piles installed either side of an existing wall. A small excavation is made below the ground level and a reinforced concrete needle beam is used to connect the piles and support the wall. * Reducing the distance between needle beams can accommodate very high loads. | RELEVANT BRITISH STANDARD:| * | STAGE:D| WORKS/JOB SHEET NO. 24| LOCATION:Internal/External various locations| DATE:26th May 2010| B RE REF NO.Defect Action Sheet | DEFECT: Notches and holes for services mis-positioned and oversized| CAUSE: Poor design Poor site supervision| FUNCTION:The location of holes and notches for services is very important in relation to the functionality and quality of finish to the end building. A misplaced large hole could lead incorrectly fitted lighting, heaters, light switches etc. | DEFECTIVE AREA: * Poor design drawings that are sent to site with the wrong measurements could mean that the location and shape of the holes for services are installed as per the drawing. It is more lightly that this defect would be down to poor site supervision. This could mean that the inappropriate person has been tasked to carry out this work such as a labourer that does not have the skill to read drawings but was asked to install holes for services rather than an electrician or electrician’s mate (i. e. being supervised by the trade lead at all times)| DEFECTIVE CORRECTION REQUIRED: * If cau ght early enough this should not be a great problem to resolve on site.However, if this was left to practical completion were the building is being handed over to the user/occupier then the works to rectify could be much greater and could include the following: * Re-routing electrics and mechanical pipe works to suit correct dimensions * Repositioning of all electrical and mechanical equipment * No direct connection to main sewer therefore re routing all connections to bathrooms, kitchens and any sinks etc| RELEVANT BRITISH STANDARD:| * | STAGE:D| WORKS/JOB SHEET NO. 30| LOCATION:Door No. GF32| DATE:26th May 2010| BRE REF NO.Defect Action Sheet | DEFECT: Lintels in external walls: missing, damaged, bedding, insulation| CAUSE: Poor design and specificationPoor site supervision| FUNCTION:A Lintel is a piece of steel or concrete that is used as a support in walls. These are generally used above openings (such as windows or doors) in the wall to support the load above. Lintels are usual ly supplied with load bearing at each end for 100mm openings up to/including 1000mm, 150mm for openings up to/including 3000mm and 200mm for openings over 3000mm. For spans in excess of 1200mm, it is good practice to provide temporary support such as an Acro at every 1200mm point. DEFECTIVE AREA: * Poor design could mean that the location window or door opening is in a difficult position to properly fit the correct size lintel * Poor specification could mean that a concrete lintel is specified when the location requires a small and compact steel lintel * Poor site supervision could mean that the area were the lintel is to be installed in not supported prior to installation and therefore the floor above is already sagging with the load. Also installation of the wring lintel in time will show on the exterior and interior of the building. DEFECTIVE CORRECTION REQUIRED: * Lintels should be carefully bedded on a full mortar joint * Wall ties should be positioned in accordance with curren t building regulations * A damp proof course should be used for all lintels in external walls, and must be fixed in accordance with building regulations * In cavity construction, it is recommended that both internal and external leaves are taken up uniformly * It is good building practice to insert a flexible joint between the lintel and the top of the frame| RELEVANT BRITISH STANDARD:| * BS:12 * BS:882|STAGE:E| WORKS/JOB SHEET NO. 20| LOCATION:| DATE:26th May 2010| BRE REF NO. Defect Action Sheet 73 & 74| DEFECT: Floor joist quality and installation: not graded or marked, bowing and twisting, high moisture content and wet rot| CAUSE: Poor specification Poor site supervision| FUNCTION:A floor joist is a beam of wood that stretches from one side of the sub-floor to the other bridging the floor load bearers. They are the essential component to the foundation of each floor level and floor boards are laid onto of them to give a foundation to any floor covering.Wood should be marked Top/Bottom, be graded (for the load) and have a kite mark or brand number referring to BS: EN 14250. | DEFECTIVE AREA: * Poor specification of a floor joist can mean that the wood used is not the correct grading to support the load. This can mean that the floor in time will show effects of overload bowing and twisting are one of the signs. * Poor site supervision of this area could mean that the wood has not been stored correctly on site meaning that it is now warped and twisted and has high water content. If wet rot occurs it is generally at the bearings of timber joists in external walls.For example: the sole or head plates rather than in the studs. | DEFECTIVE CORRECTION REQUIRED: * An assessment on if there is any ‘dead air’ within the cavity between the joists and the floor board. If so, then air bricks (to BS:493) can be installed into the external walls to allow air flow. If wet rot is localised in small area then minor repairs can be made * If poor ungraded wood has been installed then the floor will have to be taken up and reinstalled with the correct graded wood to ensure it complies with current building regulations. | RELEVANT BRITISH STANDARD:| * BS:EN 14250 * BS:493|Area H: Defect| Drains below foundations| Reason for Defect:| * Broken or damaged pipes * Failure to washout subsoil leading to foundation settlement; * Lack of clearance to debris or materials * Lack of flexible joints. * Non compliance with Approved Document H * Non compliance with the Public Health Act revised 1985 * Non compliance with Building regulations C part 2 * Incorrect type and size of pipe used for subsoil drainage * Drainage not laid to correct gradient| Specification Issue:| * Possible poor quality drainage pipes specified| Design Issue: | No|Site Supervision Issue:| * Compliance with Approved Doc H * Compliance with Public Health Act 1985 * Compliance with Building regulations C part 2 * Correct size and type of pipe use for each type of drainage identifie d e. g. foul, rainwater, soil type. * Ensure movement joints are in place * Ensure drainage meets the required gradient * Ensure pipes are clear from obstructions * Check pipes are not broken or damaged prior to installation. | Maintenance:| No|Responsible area:| The above defect is due to poor management on site on manual labour workforce| Image:| Ref: Image taken from NHBC Good Craftsmanship Guide for Drainage| Area H: Defect| Installation of DPC and DPM| Reason for Defect:| * DPC pointed or rendered over * DPCs bridged by mortar droppings * DPM punctured * DPCs and DPMs not lapped * Fill and paving not kept at least 150mm below DPC * DPM should comply with BS CP 102, Section 3, and Building Regulations Approved Document C. | Specification Issue:| No| Design Issue: | No|Site Supervision Issue: | * Check that edging of DPM projects enough to lap later with the DPC * Sheet should be sealed with adhesive tape and any punctures patched with an overlap of no less than 150mm * Use polye thylene sheet not less than 500 gauge and should carry a BBA certificate or is to the PIFA standard| Maintenance:| No| Responsible area:| The above defect is due to poor management on site on manual labour workforce| Image: | Ref: Image taken from http://www. bricksandbrass. co. uk/images/walls/damp. gif| Area H: Defect| Damp walls |Reason for Defect:| * No DPC installation in walls * Poorly installation of DPC in walls| Specification Issue:| No| Design Issue: | No| Site Supervision Issue:| * A responsible contractor should understand the importance of DPC within the external walls * If just poorly installed retrospective DPC injections can be used to back fill in areas that require additional waterproofing * If no damp proof course is in place then Electro Osmosis method can be used this is when a low voltage steel stake is placed intermediately around the external walls as long as the unit is on it will keep the damp at bay | Maintenance:| No|Responsible area:| The above defect is due to poor management on site on manual labour workforce| Image: | Ref: Image taken from www. petercox. co. uk/prevent| Area J: Defect| No lintel above the window and doors | Reason for Defect:| * No installation of lintel above window and door openings| Specification Issues:| * Possible incorrect lintel specified * | Design Issue: | * For an architect to exclude lintels from the design, it means that they have not complied with building regulations.This is not only a design floor but a dangerous and hazardous way to leave the building| Site Supervision Issue: | No| Maintenance:| No| Responsible area:| The above defect is due to poor design management by the design team and should have been picked up by various professionals along the process including Building Control| Image: | Ref: Image taken from http://www. bancroftcentre. org/images/eco/insulation. bmp|Area J: Defect| Plaster break up on internal walls and ceilings| Reason for Defect:| * Bond failure between plasterwork and plasterboard due to ‘watering down’ of bonding agent * Plaster itself poor quality or poorly mixed together (plasterer should have a mate to mix for them as plaster can ‘go off’ quickly) * Cracking due to movement * Drying out period hurried and room artificially heated to increase drying time| Specification Issue:| * Poor quality bond or plaster | Design Issue: | No| Site Supervision Issue: | * Remove poor quality plaster, apply a thick oat of Unibond allow to dry and then re-applying a suitably mixed plaster (plasterer should have a mate to mix for them as plaster can ‘go off’ quickly) * Ventilate and allow to naturally dry out| Maintenance:| * Poor maintenance of internal finishing can make plaster work decay and break up * Poor ventilation or extreme weather (if no heating) then plaster can become brittle and break up| Responsible area:| The above defect is due to poor management on site on manual labour workforce and/or poor maintenance by the occupier/users| Image:| Ref: Images taken from Google images ‘plaster work’|Area J: Defect| Shrinkage to wooden floor joists| Reason for Defect:| * Temperature to install to extreme * Stored poorly on site allowing water to penetrate – Part C of the Building Regulations â€Å"Site preparation and resistance to contaminants and moisture†* Area needs better ventilation| Specification Issue:| No| Design Issue: | No|Site Supervision Issue:| * A responsible contractor should have the knowledge and experience to know at what temperatures they can have to install after the installation * Air bricks may need to be installed in the external walls tp improve under floor ventilation * All materials should be stored off the ground and well covered in accordance with building regulations| Maintenance:| No| Responsible area:| The above defect is due to poor management on site on manual labour workforce| Image:| Ref: Image taken from Google images ‘defective timber joists’|Area K: Defect| External wall movement| Reason for Defect:| * Incorrect substructure * Restraints missing from wall to floor| Specification Issue:| No| Design Issue: | * Substructure must be designed following an accurate soil survey, bore holes are taken from the proposed site and are inspected in laboratory condition. * The soil samples are tested and categorised in accordance with their load value * Then detailed calculations are erformed by structural engineers to establish the most suitable substructure for the proposed building * Below a ‘tell tale’ is a measuring device that can check how much a crack is moving over a period of time| Site Supervision Issue: | No| Maintenance:| No| Responsible area:| The above defect is due to poor design management by the design team and should have been picked up by various professionals along the process including Building Control| Image:| Ref: Image of a ‘tell-tale’ taken from Google images|A rea K: Defect| External wall movement| Reason for Defect:| * No cavity tray installed to discharge water outwards * No weep hole specified in brickwork at lowest tray * No flashing identified, Lead or a suitable substitute should be installed in accordance with BS 1178 * All roof tiles to Part C of the Building Regulations â€Å"Site preparation and resistance to contaminants and moisture†| Specification Issue:| No| Design Issue: | No|Site Installation & Supervision Issue | * A responsible contractor should install cavity tray to ensure water is discharged correctly * Ensure appropriate weep hole is installed in the brickwork at the lowest tray level * Install appropriate flashings where required * Ensure tiles and drainage is compliant with Building Regulations Part C| Maintenance:| No| Responsible area:| The above defect is due to poor management on site on manual labour workforce| Image:|
Tuesday, October 22, 2019
Decision Making In Collegial Courts Example
Decision Making In Collegial Courts Example Decision Making In Collegial Courts – Coursework Example COLLEGIAL COURT DECISIONS Factors that affect the decision-making process through collegial contact between judges Some of the factors that may affect the decision making process are the clearness of interpretations of the court proceedings and decisions and leaving the matters in simple forms for clarity. The policies that enacted should be ambiguous in order to enhance the number of the judges sitting on a case; majority opinion in this case is a factor that helps in determination of a case (Klein & Mitchell, 2010). The manner in which a court’s policy is communicated in the process determines the decisions of the judges in the collegial contact. Opinions of the courts are commonly post in the courthouse, university libraries and law school for the people’s enlightenment (Klein & Mitchell, 2010). The posting of the courts decisions does not necessarily guarantee that the people can read them thus some of the factors in the decision making may limit an individual.The e ffects of the collegial process in forming a judge’s personal opinion on an issue In accordance to the law, the judges are motivated in making a fair decision in resolving a dispute that is between the parties involved. The collegial process, thus, affects the judges personal opinion especially when the judges panel makes a ruling, and a judge is given that task to write the opinion of the majority(Hettinger, Lindquist & Martinek,2007). The judges have power and prestige when they make a decision from their ruling especially when they make up the laws and considerations of the effects of the decision to the public for the future affairs conduct. The judge’s opinions are effective if they make the ruling in accordance to laws without favor.ReferencesHettinger, V. A., Lindquist, S. A., & Martinek, W. L. (2007). Judging on a collegial court: Influences on federal appellate decision making. Charlottesville: University of Virginia Press.Klein, D. E., & Mitchell, G. (2010). The psychology of judicial decision making. Oxford: Oxford University Press.
Monday, October 21, 2019
Plea Barganing
Plea Barganing Free Online Research Papers Plea bargaining has been a topic of debate for many years. Advocates feel that plea bargains cut down on caseloads, while opponents feel that criminals get off to easy or are punished to harshly by the system of bargaining. The purpose of this discussion is to discuss these two opposing points of view. I will then choose the one that personally appeals to me and offer support for it. Let’s begin the discussion by defining what a plea bargain is and how it is used. Defining Plea Bargains A plea bargain is defined as â€Å"an agreement between the defense and the prosecutor in which a defendant pleads guilty or no contest to criminal charges. In exchange, the prosecutor drops some charges, reduces a charge or recommends that the judge enter a specific sentence that is acceptable to the defense.†(Understanding Plea Bargaining†2002). In most jurisdictions a plea bargain can be arranged at anytime after a defendant has been charged with a crime. In some cases plea bargains are even reached when there is a hung jury because most attorneys would rather arrange a plea bargain than go through an additional trial. (â€Å"Plea Bargains: Why and When they’re Made†, 2002) An article entitled â€Å"Plea Bargains: Why and When they’re Made†, explains that plea bargains were created as a result of overcrowded courts. Since there is no way to determine how long a trial will be many courts offer plea bargains. (â€Å"Plea Bargains: Why and When they’re Made†, 2002) The article explains that a plea bargain can be arranged in minutes and offer the defense and prosecution some power over the outcome. (â€Å"Plea Bargains: Why and When they’re Made†, 2002) Advocates Advocates for plea bargaining include defendants, judges and prosecutors. Many advocates argue that there are several reasons why plea bargains are beneficial. For defendants, plea bargains are beneficial because they allow them to have fewer offenses on their record, leave jail and avoid publicity. (â€Å"Defendants Incentives for Accepting Plea Bargains, 2002) Plea bargains reduce the number of offenses on a defendant’s record because when the defendant pleads guilty of no contest there charges are automatically reduced. (â€Å"Defendants Incentives for Accepting Plea Bargains, 2002) Getting a charge reduced from a felony to a misdemeanor can be beneficial to defendants in the long run. This is due to the fact that it is difficult for felons to get employment and in some places felons are not allowed to vote. (Defendants Incentives for Accepting Plea Bargains, 2002) In addition, some states have a three strike law, which means that if an individual is convicted of three felonies they are not eligible for probation or parole. (Defendants Incentives for Accepting Plea Bargains, 2002) Defendants can also avoid jail time with a plea bargain. In many cases defendants that are charged with less serious crimes are let out of jail once a plea bargain is reached. (Defendants Incentives for Accepting Plea Bargains, 2002) If a defendant is released through a plea bargain they may not be place on probation or have to do any community service. (Defendants Incentives for Accepting Plea Bargains, 2002) In addition, defendants in high profile cases that reach a plea bargain agreement can avoid publicity. (Defendants Incentives for Accepting Plea Bargains, 2002) In these cases the defendant will not have to go through a lengthy trial and therefore avoid unwanted media attention. Avoiding such attention can be beneficial for the defendant’s family and the victim’s family. (Defendants Incentives for Accepting Plea Bargains, 2002) Judges and prosecutors have similar reasons for advocating plea bargains. For judges, plea bargains can greatly reduce their caseloads. In addition, in many cases judges would rather release nonviolent criminals so that crowding in jails can be reduced. (Prosecutors and Judges Incentives for Accepting Plea Bargains 2002) Prosecutors advocate plea bargains for much the same reason the article entitled, â€Å"Prosecutors and Judges Incentives for Accepting Plea Bargains†explains, â€Å"For a prosecutor, the judges concerns about a clogged calendar are the prosecutors concerns as well. When the judge is bogged down, the judge puts pressure on the prosecutors to move cases along quicker. To keep judges happy and keep the machine rolling prosecutors must keep the bodies moving (as criminal defendants are most unfortunately referred to by some courthouse regulars). (Prosecutors and Judges Incentives for Accepting Plea Bargains 2002) According to an article published in the William and Mary Law Review advocates of plea bargaining believe that; it curves the effects of unfair legislation, bargains that are reached are reflective of what would happen at trial and it allows prosecutors to consider other factors when creating a plea. Some of the other arguments that the article list includes the fact that participants will bargain anyway, bargaining reserves resources, and bargaining creates deterrents. (Zacharias, 1998) Opponents Although plea bargaining is a common practice in our nation’s courts, many believe that the practice should be eliminated. Most of the opponents of plea bargaining, which include police and the families of victims, believe that most plea bargains give criminals lighter sentences than they would have if their cases were to go to trial. In many instance plea bargains have greatly reduced the amount of time that a defendant would have spent in jail if they would have gone to trial. An article in the Journal of Criminal Law and Criminology explains that in recent years, â€Å"plea bargaining has come under attack from those who believe it has resulted in insufficient punishment for offenders.(258) Critics now include members of the victims rights movement who have seen plea bargaining as failing to extract justice from defendants, i.e., the victims preferences are not always followed by the prosecutor.†(Misner 1996) Misner (1996) also explains that some opponents are also concerned that the rights of defendants are being trampled upon by a system that embraces plea bargaining. This is based on the premise that prosecutors have the most power in bargaining between the two sides. (Misner 1996) Opponents assert that this power permits the prosecution to perform as both the judge and jury. They assert that the best way to ensure the rights of the defendant is through trial. (Misner 1996) Misner (1996) also explains that many opponents desire to replace the plea bargaining system with one that embraces jury waivers. (Misner 1996) Others believe that communities should fund the criminal justice system so that they can eliminate plea bargains. (Misner 1996) Still, some opponents believe that trials should be truncated. The final argument presented by opponents is that a system that embraces plea bargaining puts the community in danger because it allows criminals to go free. (Misner 1996) Personal Appeal On the subject of plea bargaining I believe that the opponents are correct. It seems to me that plea bargaining give unfair advantages to the criminal. If people don’t want to be punished harshly then they shouldn’t commit crimes. The criminal justice system should not create ways for these criminals to escape the punishment that they deserve. It also seems that this system does not care about the victim, instead plea bargains serve to benefit the criminal. In some case victim’s families are not given the proper closure and may have to worry about the criminal being released from prison. I also believe that the overcrowding in jails and court rooms should not be remedied by allowing criminals to roam the streets. There must be a more concerted effort to prevent crime and to rehabilitate those they are going back into society. Large majorities of the people that are in prison have been there before but because they were not rehabilitated they ended up back in prison and usually the charges are more serious. This leads to an increase in the prison population which could have been avoided in these (non-violent) criminals would have been rehabilitated in the first place. In short, I believe that plea bargaining creates a system that is too lenient on criminals. Defendants, judges and prosecutors who advocate plea bargains seem to have little regard for the rights of victims and their families. In addition, criminals should not be accommodated because of overcrowding in jails and the court system. Conclusion The purpose of this essay was to discuss the two opposing points of view on plea bargaining. We found that advocates believe that plea bargaining eases case loads and relieves overcrowding in prisons. Our investigation found that opponents of plea bargaining believe that the system is too lenient on criminals and can also infringe upon the rights of defendants. I concluded that I agreed with the opponents of plea bargaining in the premise that criminal should not be accommodated because of overcrowding. REFERENCES Defendants Incentives for Accepting Plea Bargains (2002) Laws Guide. Retrieved may 27, 2003 from, lawsguide.com/mylawyer/guideview.asp?layer=3article=666 Plea Bargains: Why and when they’re made. (2002) Laws Guide. Retrieved may 27, 2003 from, lawsguide.com/mylawyer/guideview.asp?layer=3article=665 Prosecutors and Judges Incentives for Accepting Plea Bargains. (2002) Laws Guide. Retrieved may 27, 2003 from, lawsguide.com/mylawyer/guideview.asp?layer=3article=667 Understanding Plea Bargaining: How Most Criminal Cases are Settled†(2002). Laws Guide. Retrieved may 27, 2003 from, lawsguide.com/mylawyer/guideview.asp?layer=2article=147 Misner R. L (1996) Recasting prosecutorial discretion. Journal of Criminal Law and Criminology, Vol. 86, 1996 Zacharias F. C. (1998) Justice in plea bargaining. William and Mary Law Review, Vol. 39. Research Papers on Plea BarganingArguments for Physician-Assisted Suicide (PAS)Unreasonable Searches and SeizuresCapital PunishmentThe Effects of Illegal ImmigrationComparison: Letter from Birmingham and CritoEffects of Television Violence on ChildrenTwilight of the UAWPETSTEL analysis of IndiaThe Relationship Between Delinquency and Drug UseInfluences of Socio-Economic Status of Married Males
Sunday, October 20, 2019
9 Best Hurricane Tracking Charts
9 Best Hurricane Tracking Charts Updated October 15, 2018 Hurricane tracking charts are blank maps used to track the path of a hurricane. When tracking hurricanes, the intensity of the storm is indicated on the path along with any dates/times of landfall. There are several versions of the charts depending upon your needs. (All links will open maps in PDF format.) Atlantic Hurricane Tracking Chart Version 1This version is as official as it gets. Used by forecasters at the National Hurricane Center (NHC), it not only has a view of the full Atlantic basin but of the east coast of Africa, too. With a smaller grid overlay, the path of a hurricane can be plotted with greater precision. Atlantic Hurricane Tracking Chart Version 2This grayscale NOAA chart has a smaller grid and a wider view of the Atlantic and Gulf Coast. Atlantic Hurricane Tracking Chart Version 3This color chart is produced by the American Red Cross and shows the full Atlantic basin. Helpful tips on the dangers of hurricanes are printed on the map and all states, islands, major cities, and beaches are clearly labeled. Atlantic Hurricane Tracking Chart Version 4This black and white chart is one of NOAAs older versions but has small dot marks in a grid for easy plotting. Islands and land structures are labeled. Atlantic Hurricane Tracking Chart Version 5Courtesy of the LSU Agricultural Center, this grayscale chart is unique in that it labels the Gulf of Mexico, Caribbean Sea, Pacific, and Atlantic waters. One obvious drawback? It only includes a view of the eastern seaboard up to Virginia. (NOTE: The chart is on page 2 of this .pdf file, but the first page contains some very useful evacuation tips and hurricane facts.) Gulf of Mexico Hurricane Tracking Chart Version 1For those wishing to track hurricanes that enter into the Gulf of Mexico, this map provides the perfect solution. A grid overlay and labels of major cities on the Gulf Coast provide an easy way to track the path of some of the most destructive United States hurricanes. Gulf of Mexico Hurricane Tracking Chart Version 2The Boat Owners Association of the United States provides this simple map for tracking Gulf Coast hurricanes. (Its a great kid-friendly version.) The Caribbean Islands are labeled as well as major Gulf Coast cities. Eastern Pacific Hurricane Tracking ChartThis map comes directly from the NOAA NHC. It includes a view of the Hawaiian islands. Hawaii Hurricane Tracking ChartIf youre only interested in plotting hurricanes that venture near the Hawaiian Islands, this is the map for you (courtesy of AccuWeather). Plotting the Path of a Hurricane Now that you have the maps printed, its time to start plottin! For a simple how-to, check out How to Use a Hurricane Tracking Chart. Edited by Tiffany Means
Saturday, October 19, 2019
1920s - time of sustained economic progress Essay
1920s - time of sustained economic progress - Essay Example Although this picture of America presented a favorable image of life for Americans, others believed that it also presented a picture of an America which was shallow, greedy, and empty, one where people were judged for their wealth and their properties. They also believed that America’s values were crumbling and that hedonism was fast becoming a norm in their society. This paper shall analyze these themes, and to what extent each group is right or wrong. This paper shall first provide an overview of the various developments seen during the 1920s, secondly, an analysis of these developments in terms of their implications shall also be presented. Lastly, concluding remarks shall end this discussion. This paper is being carried out in order to establish a clear understanding of the 1920s and how the developments during this time impacted on the American people in general. America in the 1920s marked a transition period, from a wartime economy to a peacetime economy. And its econom y flourished during this time as it was able to engage in mass production and consumerism. Soldiers returning from war with their wages were reintroduced into the workforce and the post-World War recession soon saw an end. The 1920s also marked an era of increased consumer spending which was further supported by mass production of various consumer products. Changes in government policies, mostly in relation to the reduction of the national debt, of taxes, and of the protection of farming interests, and cutting back of immigration led to the economic boom (Filip). President Coolidge also imposed policies which sought to increase taxes on the rich and prevent government interference in private businesses (Filip). Soon enough, his approach was able to sustain economic growth for most of the 1920s. However, overconfidence in these economic policies also caused the stock market to crash, leading to the Great Depression. The sustained recovery during the early 1920s caused the Federal res erve to expand credit, as market rates were decreased; in effect, the value of the dollar increased by 60% during this time (Schultz, 349). This caused the Americans to over-extend their spending. As was mentioned above, such over-extension led to the stock market crash in the late 1920s, and the crash and the depression that followed was very much prolonged. Nevertheless, despite the fact that the favorable economic growth in the 1920s led to the Great Depression, the 1920s marked a bountiful time for the Americans (Schultz, p. 351). The automobile, movie, radio and chemical industries experienced much growth during this time. Cars were now mass-produced and they also assisted various businesses in the country, including hotels, service stations, and highway building (Schultz, p. 350). Radio advertising also soon became the primary means of advertising for many businesses. Hollywood also experienced a very rosy period as watching movies became an affordable activity. Commercial avi ation also helped advance more economic progress and activities. New roads, railroads, and highways were opened and paved and electricity as well as telephone lines soon run through each state (Schultz, p. 349). Massive urbanization was taking place and it was slowly expanding into the rural towns. More people flocked into the urban areas looking for jobs and various opportunities. Beyond, economic progress, women’s right to vote soon became firmly entrenched into the state policies (Schultz, p. 349)
Friday, October 18, 2019
Business Process Management Case Study of Emirates Airlines Essay
Business Process Management Case Study of Emirates Airlines - Essay Example Emirates Airline is part of the larger Emirates group that offers a number of distinguished services including; tourism, air maintenance, aviation college, air transport, hospitality, trans guard just to name but a few. Currently, Emirates Airline is ranked as the largest cargo carrier in the Middle East, and this is mainly influenced by the large numbers of tourist and international shoppers who visit Dubai annually (Emirates Airlines 2015). The research methodology for this particular study involved both quantitative and qualitative as I indulged in both primary and secondary research to gather data for the purpose of this project. Primary data came mainly from interviews and questionnaires that were administered to various employees who work for Emirates Airline I varied ranks namely; cabin crew members, ground operators, Line managers as well as the airline division manager. To enhance credibility, validity and integrity of the data collected all primary research was conducted on a face-to-face interrogation basis to increase the chances of getting dependable answers from the respondents. There were a total of one hundred and twenty questionnaires in total with twenty being used for the pilot project while the other hundred were utilised for the actual data collection exercise. The questionnaires contained nine questions that were grouped into two sections and during the entire data collection process we managed to i nterrogate one hundred respondents to fill the questionnaires. Ethical consideration was taken care of during the entire period of research as a written consent was availed to the participants to help them understand the details of the study before being recruited to provide any information. Relatively, the management of Emirates Airlines was informed of the same, and we agreed to protect any confidential
The significance of inflation expectations in the monetarist Phillips Essay
The significance of inflation expectations in the monetarist Phillips Curve and t0he implications for the conduct of economic policy - Essay Example Inflation has been one of the most widely discussed topics by economist of the twenty first century. The term can simply be defined a general and persistent increase in the price level over a period of time Major economies of the world have been affected by it and economic analysts throughout the world have put in their expertise to curtail the damages that inflation is capable of doing to an economy. Mr. Alban William Phillips was one of those economists who will always be remembered for his contribution to the world of economics. He’s gathered fame all over the world for his research on inflation and unemployment. He started his work by gathering ninety five years of data relating to the UK wage inflation and unemployment. He was of the view that there is some direct or indirect link among these two important economic indicators. When he plotted the data on a graph, Mr. Phillips concluded that there is an inverse relationship between the rate of unemployment and the level of inflation in an economy. According to Mr. Philips there was a tradeoff between unemployment and inflation. High levels of unemployment tend to be linked with low levels of inflation and vice versa. Accordingly, if the government would want to reduce the unemployment rate it then it would have to settle with high rates of inflation. The Phillips curve concluded that deciding upon whether to have high rates of unemployment or to go for high rates of inflation was merely a matter of government policy as the two of them could not be achieved together – they were mutually exclusive. ... And this is how the price level rises and inflation occurs. The Phillips curve can further be divided into two time phases, namely the long run and the short run Phillips curve. The two curves are slightly different from each other in that they depict a different side of the picture. In the short run Phillips curve, high rates of unemployment are associated with low rates of inflation and vice versa. In such a situation the economists generally have to take a decision as whether to contain inflation or unemployment. Choices will generally be made after taking the overall economic situation of a country into consideration and definitely the decision made will not be beneficial for all. If the government decides to go for low rates of unemployment, low income earners will face a burden of high prices due to inflation. However, the long term Phillips curve looks at the story from a very different angle. The long run Phillips curve is normally drawn as a vertical line. This line can move both ways but generally it tends to move in (to a lower rate of unemployment) as time passes by. The idea behind long term Phillips curve is that in the long term there will be a certain rate of unemployment regardless of the level of inflation. This level will remain there since some people will always be unemployed due to job switching, frictional and seasonal unemployment. According to Mr. Friedman Milton, an economist, there is no tradeoff between the rate of unemployment and the rate of inflation in the long run as is denoted by the vertical Phillips curve. According to the long run Phillips curve, efforts made by economists to reduce the unemployment level below the natural rate of unemployment
Thursday, October 17, 2019
Management Simulation Essay Example | Topics and Well Written Essays - 750 words
Management Simulation - Essay Example A joint SWOT and PESTEL analysis identify various internal and external environmental factors to the enterprise. Competition, a threat under the SWOT model and a political factor under the PESTEL model, from firms such as Valentino, The Junction Shop and Pub Prince of Wales is a major factor that has led to poor market command, and is likely to dictate lower prices for the firm’s commodities. The competition into poor sales also limits the entity’s output volume. Weak management, a weakness under SWOT model, is another factor to the organization as poor insights into the competitive environment illustrates. This has led to poor forecast of the business’ financial capacity and competitiveness, and may force the business into urgent borrowing or force a shut down. Lack of proper marketing initiatives for countering the existing competition is another significant weakness. This has maintained low level of market command and therefore limited the organization’ s production level. The other SWOT and PESTEL elements are not identifiable (Webster 2010, p. 88). Health-in-Pizza Ltd.’s competitive situation and potential action plan for improvements The competitive business environment puts Health-in-Pizza Ltd. at a disadvantage against its competitors. Major targets such as college students and the business class have not been visiting the enterprise and price is a major factor because Health-in-Pizza Ltd. is 20 percent more expensive than its competitors are. Two strategies are available for improving the business’ position in the market, price reduction and a direct approach to promoting the entity’s products among the target population. Health-in-Pizza Ltd. should reduce its prices to values that are equivalent to, or bellow, prices offered by the competitors. This is because the trend in the past five months has shown that the market, regardless of its segments’ social classes is determined by pizza’s price. Awareness campaigns to enlighten the market of the health benefits of Health-in-Pizza Ltd.’s pizza and its reviewed prices should then follow this to change the developed attitude that the business is expensive. Section B Expected effects of environmental changes on the business Entry of a new supplier with cheaper products will reduce the entity’s operational costs and therefore increase its profit margin. This will further allow
The Sales Related Issues of Thorntons PLC Term Paper
The Sales Related Issues of Thorntons PLC - Term Paper Example The industry in which the company operates is very competitive and apt strategies are needed to gain a competitive advantage over other firms. For this purpose a situational analysis will be conducted taking into account both micro-environment and macro-environment. Finally, a SWOT analysis of the company will be conducted in order to understand the present position of the company and the external factors that can benefit or hurt the company in the future. This section will include a commentary on the most important factors of the macro-environment in the chocolate industry. Political The political environment of the United Kingdom is relatively stable. The company does not have to worry about the problems of a turbulent political environment that are prevalent in developing markets. There are although specific regulations regarding marketing of food items that the company has to abide by at all times. In order to prevent childhood obesity, the government is looking to reduce chocola te sizes and that will affect the company (Daily Mail UK, 2009). Regulations such as these can affect a change in production, marketing, and distribution strategy of the company. Economical Economic conditions of the United Kingdom are not ideal and the country is still feeling jolts from the economic recession of 2008. But still, the situation of the chocolate industry is considerably better compared to other industries. The industry has been able to survive the recession and, opposite to other industries, has shown growth as well (Piercy, Cravens, & Lane, 2010). Although the chocolate industry is generally regarded as one of those industries that were able to survive the recession, Hull city’s economic conditions are not good which may not be good news for the chocolate industry. The unemployment level in the city is higher than the country average (Hull City Council, 2011). This is not a good sign for the chocolate companies operating in the region. Socio-cultural The cult ure of gift giving at Christmas is the main reason behind the increase in sales of chocolates in this season.Â
Wednesday, October 16, 2019
Management Simulation Essay Example | Topics and Well Written Essays - 750 words
Management Simulation - Essay Example A joint SWOT and PESTEL analysis identify various internal and external environmental factors to the enterprise. Competition, a threat under the SWOT model and a political factor under the PESTEL model, from firms such as Valentino, The Junction Shop and Pub Prince of Wales is a major factor that has led to poor market command, and is likely to dictate lower prices for the firm’s commodities. The competition into poor sales also limits the entity’s output volume. Weak management, a weakness under SWOT model, is another factor to the organization as poor insights into the competitive environment illustrates. This has led to poor forecast of the business’ financial capacity and competitiveness, and may force the business into urgent borrowing or force a shut down. Lack of proper marketing initiatives for countering the existing competition is another significant weakness. This has maintained low level of market command and therefore limited the organization’ s production level. The other SWOT and PESTEL elements are not identifiable (Webster 2010, p. 88). Health-in-Pizza Ltd.’s competitive situation and potential action plan for improvements The competitive business environment puts Health-in-Pizza Ltd. at a disadvantage against its competitors. Major targets such as college students and the business class have not been visiting the enterprise and price is a major factor because Health-in-Pizza Ltd. is 20 percent more expensive than its competitors are. Two strategies are available for improving the business’ position in the market, price reduction and a direct approach to promoting the entity’s products among the target population. Health-in-Pizza Ltd. should reduce its prices to values that are equivalent to, or bellow, prices offered by the competitors. This is because the trend in the past five months has shown that the market, regardless of its segments’ social classes is determined by pizza’s price. Awareness campaigns to enlighten the market of the health benefits of Health-in-Pizza Ltd.’s pizza and its reviewed prices should then follow this to change the developed attitude that the business is expensive. Section B Expected effects of environmental changes on the business Entry of a new supplier with cheaper products will reduce the entity’s operational costs and therefore increase its profit margin. This will further allow
Tuesday, October 15, 2019
Journalling Personal Experiences Essay Example | Topics and Well Written Essays - 1750 words
Journalling Personal Experiences - Essay Example Yet, it’s is more fun for me to personally see the facial expression and body language of the person I am talking to. And hence suddenly not being able to see who I am talking to particularly when I am chatting with a group that I am not acquainted with can be quite perplexing. Yet, the whole endeavor is engaging and interesting especially when I am trying to keep the conversation going, choose carefully my statements, and sustain the interest of the person or group I am conversing with. In the chat room, these are more quite difficult to attain than in face-to-face interaction. Eventually, when I learned my way through the online environment, my opinion on this new approach of learning and teaching started to change. I guess†¦ I discerned many advantages and conveniences of online classes, especially if these are performed appropriately. So far all my online classes have been very successful because our professors used different means such as chat rooms, video conferenci ng, e-mail, etc. Even though the whole experience is far from being ‘real’, it really kept me motivated and involved. Entry # Time Task Behavior 2 12:00 pm- 1:00 pm Consulting a friend regarding whether to take an online course or a face-to-face class. If I had to choose between taking a course face-to-face and online, I would choose the latter. However if I discovered that the instructor did not know how to take advantage of or make the online learning setting efficient, if they are actually familiar with the online environment and know how to use it correctly, if they are then I would take a class online, otherwise, I would prefer face-to-face. Yet again I have to really be sure if the lecturer, professor, or instructor, whatever designation the person whose supervising the course has, has a proficient knowledge of the purpose, use, and importance of the online learning environment. It is an issue of convenience and practicality but also value and success of the learn ing experience. Thus I think I have to be prepared. I think I have to be dedicated to this endeavor because it is more demanding and challenging in a distinct manner. I think I have to be conscientious and professors should be always available online to address students’ concerns; if not, it is not successful†¦ and teachers cannot lead an online course and keep in touch with their students on a regular basis. It would be equivalent to not attending your classes. But I still believe that there should be face-to-face meetings as well, a substantial portion of the learning environment should be this way. It cannot be entirely online. That won’t work. I experienced taking an online course which does not meet face-to-face, even once. When I had things to clarify with the instructor, for instance, through the chat room, our streams of conversation were usually interrupted or, worst, lost in a barrage of questions, issues, and concerns popping out of the chat room all at the same time. Entry # Time Task Behavior 3 1:00 pm- 3:00 pm Meeting with a computer instructor to discuss about my problems with WebCT One of the things that take place in the online environment is the formation of peer groups, and I suppose I would not encourage any person from taking part in an online course that was merely random. I believe we have to develop that learning environment and have the help and advocacy of a peer to carry out a higher course online. I would suggest to all my pupils in
An Ironic Editorial Cartoon Essay Example for Free
An Ironic Editorial Cartoon Essay â€Å"Let’s hope the asteroid’s impact is confined to the subprime mortgage area. †These are the words spoken among several dinosaurs as a large asteroid is headed towards earth. Or, more accurately, they are the words of the dinosaurs within the frame of Tim Toles’ biting editorial cartoon. Upon first viewing, the cartoon does provoke immediate laughter. Then, when you stop to let the themes of the cartoon sink in you realize that the humor is quite dark and ominous and, more importantly, it is quite accurate. For those not familiar with the symbolism, there is an unproven theory that asserts dinosaurs may have been rendered extinct due to an asteroid hitting the earth. The reason all dinosaurs were rendered extinct was due to the asteroid having a significant change on the earth’s climate and environment. That is, the asteroid possessed a ripple effect that went far beyond the exact area where the asteroid landed. The symbolism presented here ties in with the subprime mortgage crisis in a manner that is both obvious and outright chilling. The weight of the claims presented in the argument makes logical sense. It simply infers that economic problems will have a major ripple effect. That is, the economic woes of those affected by the subprime crisis will carry over into other aspects of the economy. As a result, even those who may previously have had nothing to do with the subprime crisis will be negatively impacted. (In essence, the intended audience is the entire population of the nation) After all, we are all plugged into the same economy. If one area is hurting, it will invariably drag down others. This is clearly an interpretation based on implication and the claim is obviously apparent in the words used. And, yes, such assumptions are warranted as by the time the cartoon appeared the ripple effect of the crisis has lead to a huge federal bailout This is not a notion that is arrived at on the basis of speculation and alarmism. It is based on simple math and the law of cause and effect. If someone’s home suffers from a foreclosure then the individual will find himself in an extremely disadvantageous financial position. Clearly, such an individual would have to make numerous â€Å"cut backs†on purchasing decisions and this means less money will flow into the economy. Such actions have negative effects on profits in various companies and hurt stock values. If stock values are reduced then the net worth of investors (many of which rely on their investment during their retirement years) will reduce. Then, there is also the huge problem of massive foreclosures over-saturating the real estate market. This has the negative effect of ruining equity on real estate throughout the nation. Further problems arise as the economy declines and credit dries up. This can lead to â€Å"bank runs†where customers opt to pull money out of their banks for fear they may lose their savings if the bank goes under. So, yes, just like the horrible ripple effect the asteroid had on the dinosaurs, the subprime crisis is one that affects the whole world as opposed to any one, single contained area. Of course, prior to the asteroid landing, the dinosaurs had no idea how serious the problem would be. They saw it coming but did not expect it to possess such a ripple effect. The dinosaur’s predicament is woefully similar to the predicament facing the economic landscape now that the subprime crisis has reeled out of control. As such, this cartoon is serious call to action and it is made with the intended goal of motivating the public to be ready for the serious ramifications of the subprime crisis. Now, when it comes to the ability to critique the effectiveness of the cartoon we must look at the sum of its parts. Particularly, is imagery also needed to effectively convey the information presented in the cartoon? Of course, it is possible to convey the same information and sentiment. Granted, the words in the cartoon would obviously have to be expanded upon in order to provide the proper context to make sense. However, the biting humor of the cartoon would needlessly be eliminated and replaced by exposition and explanation.. Such an approach would work quite effectively but it would not possess the same power of the cartoon. That is, the cartoon works on a number of levels because it combines visual imagery with ironic wording. In terms of the specific words within the cartoon, however, the presence of the words without the imagery would make little sense since they would be out of context without the presence of the dinosaurs. Now, if one were to keep the image and remove the wording the end result would be disastrous. A visual image of dinosaurs looking up at the sky and seeing an asteroid would convey the concept that an asteroid may have killed them, but it does nothing to promote the ironic notion that the subprime mortgage crisis can cause a similar ripple effect. In short, the value of the cartoon is basically worthless without the presence of the ironic wording. After all, if you were to remove the words from the cartoon would you be able to guess that its subject matter involves the subprime crisis? In all likelihood, making any connection between the dinosaurs and the subprime crisis would be impossible without the appropriate wording. This is neither a good thing nor a bad thing. It is simply an honest assessment of the limitations of the cartoons visual imagery. But does it work? It depends. It is odd however, that irony is used as a means of promoting the argument style of persuasion. In a way, the cartoon heralds more than it seeks to persuade. So, really, its goal is not so much to be persuasive since it does not seek to promote a point to the doubting as much as it is a statement of fact. While a statement of fact can persuade some, such a statement is not automatically persuasive. For those who are logic and rational, however, it will have a stronger resonance that mixes pathos with logos. That is, it mixes humorous irony with obviously true facts. In the final analysis, it is safe to say that this particular editorial cartoon is brilliant. It mixes words and images together in an ironic and informative matter that stresses the gravity of the subprime crisis. Of course, the words and images do this well in combination. Separately, they would lack the effectiveness they possess as a tandem. Bibliography Toles, Tom. (2008) â€Å"Unnamed Cartoon†. THE WASHINGTON POST. Retrieved October 5, 2008 from http://www. washingtonpost. com/ wp-dyn/content/opinions/cartoonsandvideos/
Monday, October 14, 2019
Risk Based Regulation and Solicitors Regulation Authority
Risk Based Regulation and Solicitors Regulation Authority As seen in the case of Timothy Schools, a former director of ATM Solicitors in Preston who was struck off because of breaching various outcomes and principles of the SRA code of conduct. The SDT[1] had made allegations against the involvement of the defendant and his firm acting on behalf of clients who challenged the enforceability of various Consumer Credit Agreements. Mr Schools had been motivated by his own financial gain compared to the interest of his clients, contrary to the O(3.2)(a) and that the misconduct had arisen from the way he had operated the firm. He had failed to provide information to clients which might have been material to their decision to instruct his firm to act for them. Thus he had failed to act with integrity which led to his and the firms independence being compromised, hence breaching Principles 2[2] 3[3] of the SRA. Mr Schools behaviour towards his clients and not acting in their best interests because of his own financial interest, not only breaks the trust of the public in him and his firm but also the legal profession in itself, breaching Principle 6[4] of the SRA. The defendants action were deliberate and had continued for a period of time. Hence the SDT ordered for Mr School to be struck off the roll. The SRA agreed and Mr School was struck off the solicitor roll. Through this approach, the SRA identifies the risks to the regulatory objectives outlined in the LSA and requires the firms to ensure the same. The risk-based approach also ensures that regulatory activities and resources are prioritised and applied proportionately. For example, you may tend to show that you have met outcome 3.3 if you decline to act for clients whose interests are in direct conflict. The example used is claimant and defendant in litigation (IB 3.2). A key advantage to taking a risk-based approach to regulation is that it enables us to become much more proactive, identifying and tackling risks before they occur, rather than acting retrospectively once harm has arisen. 2.5 Exceptions to acting in client conflict situations Outcomes 3.6 and 3.7 in chapter 3 outline two exceptions where it may be possible to act even if there is a client conflict. When deciding whether to act in these situations, the overriding consideration remains as expressed in Principle 4, to act in the best interests of each client. You must consider whether in acting for all/both clients the benefits to the clients outweigh the risks. These outcomes reflect the fact that there may be situations where, if the qualifying conditions are met, then despite a conflict of interests, the clients separate best interests are served by you acting for two or more clients. The wording was changed from October 2005 with a new, tougher aggregation rule, so that claims arising from one act or omission in a series of related matters or transactions, or even similar acts or omissions in a series of related matters or transactions, will, arguably at least, be more likely to be regarded as one claim. This was a particular issue for firms doing volume work. At the same time, the compulsory minimum cover increased to  £2m for sole practitioners and partnerships and  £3m for LLPs and limited companies. Ethics involves making a commitment to acting with integrity and honesty in accordance with widely recognised moral principles. Ethics will guide a professional towards an appropriate way to behave in relation to moral dilemmas that arise in practice. Ethics is based on the principles of serving the interests of consumers of legal services and of acting in the interests of the administration of justice, in which, in the event of a conflict, acting in the interests of the administration of justice prevails. A firm which has a low or medium risk will have the outcomes of the SRA in a different way compared to the one which is considered high-risk like a huge corporate law firm. For example, a larger firm may need to put in place, or upgrade, a database system to collect information required under the reporting requirements. A smaller firm may be able to collate the information by the use of paper returns and a spreadsheet. Why is SRA risk -based? The SRA plans to shift the supervisory emphasis towards assessing a firms risk management systems and identifying whether they are achieving the outcomes rather than a detailed consideration of a firms processes. The level of supervision a firm will experience will depend on the perceived risk that it poses to the regulatory objectives. Supervision will also be tailored to take account of factors such as firm size and risk management systems, as well as the firms previous compliance history and positive engagement with the SRA. The SRAs vision24 is to: à ¢Ã¢â€š ¬Ã… ¾ Concentrate on dealing with firms which pose serious risk; à ¢Ã¢â€š ¬Ã… ¾ Encourage firms to assess and tackle the risks themselves; and à ¢Ã¢â€š ¬Ã… ¾ Concentrate on those which cannot or will not put things right. The task can be made harder when management are confronted with people who are over-confident in their own abilities and believe risk management does not apply to them. As Captain E J Smith, later the captain of the Titanic, said in 1907, in all my experience, I have never been in any accident of any sort worth speaking about. I have seen but one vessel in distress in all my years at sea. I never saw a wreck and have never been wrecked nor was ever in any predicament that threatened to end in disaster of any sort. The Titanic sank in 1912. As well as professional obligations to protect their independence and promote the best interest of the client, there are obligations to uphold the rule of law and the proper administration of justice. A solicitors professional obligations give primacy to the public interest and the public interest in the administration of justice.2 This raises the interesting question of how legal risk management, which tolerates, normalises, and sometimes promotes the desirability of taking risks with law fits with these broader professional obligations. It is not a question that we have seen addressed. There needs to be a full and frank discussion that begins the process of articulating what such obligations mean in the context of commercial law practice generally and in-house practice specifically. Confidentiality and conflict of interest breach case http://globelawandbusiness.co.uk/RML/sample.pdf 1.4 Liability for breach A lawyer who acts for a client when there is a conflict of interest, whether with the interests of another client or with the lawyers own interest, may be liable to compensate the client. That may mean an award of damages, or in some jurisdictions, an account of profits. By way of illustration, an example in the English courts was the case of Hilton v Barker Booth Eastwood. 1 The defendant solicitors acted for both a seller (Mr Hilton) and a buyer (Mr Bromage) on a commercial property transaction, contrary to the conduct rules then in force. The solicitors failed to disclose to the seller that they knew that the buyer had a criminal record for bankruptcy offences which had resulted in imprisonment. They also failed to disclose that they were lending money to the buyer to complete on part of the transaction. After the contract was completed, the buyer defaulted and Mr Hilton was left with substantial losses, which led to his bankruptcy. Attempts at recovery from the buyer failed. The solicitors defended the claim on two bases. First, the conviction was a matter of public record. Secondly, had the claimant instructed other solicitors, those other solicitors would not have known of the conviction and, they said, their breach therefore caused no loss. The defence succeeded initially but the claimant won on appeal. Put simply, the solicitors were in breach of duty to Mr Hilton, and could not complain if they had put themselves in that position by their own actions. Note the comments of one of the judges on appeal, Lord Scott of Foscote: The reason why it would have been a breach of the solicitors duty to Mr Bromage to inform the appellant of Mr Bromages bankruptcy and criminal conviction was not because the information was confidential but because it was their duty as Mr Bromages solicitors to do their best to further Mr Bromages interests in the transaction in respect of which Mr Bromage had instructed them. 2 The firm was found liable to compensate the claimant. Firms are also required to have effective systems and controls in place to enable [them] to identify and assess potential conflicts of interests. They must have systems and controls for identifying both client and own interest conflicts appropriate to the size and complexity of the firm and these must also extend to the identification of commercial conflicts. If in the above examples, the firm would have carried out the effective systems set out in the chapter 3 on the SRA and the risk assessment process, then they would have not been in breach of the SRA outcomes and would have successfully mitigated the risks. Outcomes-focused regulation concentrates on providing positive outcomes which when achieved will benefit and protect clients and the public. The SRA Code of Conduct sets out our outcomes-focused conduct requirements so that you can consider how best to achieve the right outcomes for your clients taking into account the way that your firm works and its client base. The Code is underpinned by effective, risk-based supervision and enforcement. Introduction to the SRA Code Introduction Sir David Clementi recommended that the professional bodies should separate their roles of holding both regulatory and representative responsibilities. This led to the formation of Solicitors Regulation Authority (SRA) by the LSA[5] to act as the regulatory body for solicitors in England and Wales. The main aim of the SRA is to work compatibly with the objectives set out in the LSA. In 2011, the SRA moved from a rules-based approach to an outcome-focused regulation (OFR). This approach introduced high-level Principles[6] and Outcomes that had to be observed by firms and individuals to operate independently, with integrity and in their clients and wider public interest. Even with the principles, outcomes and indicative behaviours set in place, risks towards a duty owed by a lawyer to a client can arise. Hence the SRA also needs to take a risk-based approachby identifying the potential risks of not meeting the mandatory outcomes and principles, through a risk management process. The SR A approach to regulation i.e. authorisation, supervision and enforcement is therefore outcomes-focused and risk-based. Outcomes-focused Regulation SRAs aim is to ensure that all firms and individuals should achieve the right outcomes in delivering their legal services therefore benefiting and protecting the clients and the public at large. These outcomes are mandatory and are found in the SRA Code of Conduct. When lawyers deliver the right outcomes, it will help ensure compliance with the Principles and mitigate the risk of lawyers being in breach to professional conduct. Risk-based Regulation A risk is considered to be a combination of impact, which is the potential harm that could be caused and probability, which is the likelihood of a particular risk occurring. There are risks attached with the firms and individuals acting compatibly with the regulatory principles and outcomes outlined in the SRA. For example the risk of conflict of interest arising between the lawyer and the client or between two current clients if proper systems were not in place to identify potential conflicts of interest in the first place as per O(3.1), the risk of failing to protect clients confidential information and many more such risks can arise when the lawyers cannot achieve the best outcomes for their clients. A case where risk of conflict of interest and breach of duty of confidentiality arises is Hilton v BBE[7]. Hilton instructed BBE to act as his solicitors in him selling a developed piece of land to one of their other clients, Bromage. BBE did not tell Hilton that they had previously acted for Bromage when he was imprisoned for fraud; nor did they tell him that they were acting for Bromage in this same transaction and lent money to Bromage for the deposit hence breaching O(3.4)[8]. Outcome(3.5) clearly states that a firm or individual should not act if there is a client conflict or a risk of a client conflict unless all the risks have been explained to both clients and they understand them; both parties should give their consent for the firm to act for them and many more objectives set out in O(3.6) and O(3.7) need to be satisfied. Although neither of these outcomes were achieved. Bromage failed to complete the transaction therefore Hilton incurred a huge loss. The House of Lords found that it was unacceptable to breach the conflict of interest principle as it will override the duty of disclosure and confidentiality owed to their client Bromage. BBE already had a contract with Bromage and due to an implied term in this contract, BBE could not reveal any confidential information about him to Hilton. Hence BBE should have asked Hilton to seek independent legal advice as professional ethics meant that they could not act for him. But instead proceeded to act for him as well as their client since they were only interested in their own financial gain therefore breaching O(3.2)(a). This definitely was a breach of duty owed by BBE to Hilton in failing to act in his best interest. Timothy Schools[9], former director of ATM Solicitors was struck off because of his own financial interest contrary to O(3.2)(a). His misconduct had arisen from the way he operated the firm, he failed to act with integrity and the firms independence was compromised, hence breaching Principles 2[10] 3[11] of the SRA. Professional conduct as such would break the trust of the public in Mr Schools, his firm and the legal profession, thus also breaching Principle 6[12] of the SRA. The above cases show the consequences of failure by the firms to comply with the principles and outcomes of the SRA. Hence the SRA needs to regulate a risk-based approach so that the clients receive a proper standard of service which best suits them as per Principles 4[13], 5[14] and 8[15]of the SRA. Risks are typically considered at an individual, firm, thematic or market level. The identification and management of these various risks is operated through a risk management and governance process, outlined in the SRAs Regulatory Risk Framework. The Regulatory Risk Index sets out a list of risks that are managed under the Risk Framework. This is important for the risk management process as it gives a universal index which ensures that each risk is accurately identified. This index is comprised of 38 risks: 28 are firm risks[16] and 10 are market risks[17]. Impact[18], Operational[19], and Viability[20] are all firm risks. Breach of confidentiality and conflict of interest are both Impact risks and are always caused by Operational risks. For example, impact risks can arise due to ineffective systems in place like sensitive client information was inadequately encrypted or due to lack of integrity or professional ethics like a member of staff deliberately breached confidentiality for ones financial interest. Firms use informational barriers[21] as per O(4.4)(b)(ii)[22]to mitigate these impact risks though courts are not always supportive of them and may take some convincing. Bolkiah v KPMG[23], where a firm of accountants who owe the same duties as solicitors, wanted to act for BIA[24] .They wanted KPMG to carry out investigation on Bolkiah who was the former chair of the agency. Bolkiah was a former client of KPMG hence they had confidential information about him. Conflict of interest existed and so the firm created an information barrier in which they made sure that the staff working for the agency was completely separate from those who worked with Bolkiah. However the House of Lords granted an injunction in favour of Bolkiah to prevent KPMG working for the agency. They agreed that KPMG could have acted for the agency given that they took Bolkiahs consent first as per O(4.1)[25] ,O(4.3)[26] and O(4.4)(b)(i)[27] . According to the courts the information barrier did not prevent the possible outflow of confidential information thus breaching the fiduciary duty of confidentiality. Lord Millett emphasised that the duty was to keep the information confidenti al, not merely to take all reasonable steps to do so. This decision was followed in MS v Freshfields[28] . Even after creating an information barrier, firms cant escape the above risks. Therefore firms need to strictly carry out effective systems and risk management processes in order to mitigate risks and achieve SRA outcomes and principles. Relationship between Ethics and Risk Legal ethics requires solicitors to be honest and act with integrity with their clients, profession, courts and the general public. A solicitors commitment to behave ethically can be put at risk as seen in the above cases. Thus a lawyer in order to be ethical needs to produce the best outcomes for the clients, which can be achieved by following the SRA principles and code of conduct. A risk of conflict or confidentiality arises when a firm or individual fails to achieve the outcomes set out in the SRA thus making them behave in an unethical manner. The central principle of legal ethics is the conflicts of interest principle which requires the lawyers to avoid situations in which their duties to one client conflict with their duties to another client or their own interests as seen in the case of SRA v Dennison[29]. Here a firm of solicitors used a company to provide medical reports for clients. Dennison was a partner in the law firm and also owned a third of shares in that company. However he did not inform other partners of the firm and his clients about this arrangement because of his own financial gain. He did make significant profit hence breaching Outcome(3.2)(a) of the SRA code of conduct. The SRA then decided to strike him off the roll because of his dishonest and unethical professional conduct towards his clients and firm. Therefore making a commitment to acting ethically is intrinsically linked with meeting the standards and requirements set out in the SRA Code of Conduct. Hence failure to comply with the risks that obstruct the firms and individuals to achieve the outcomes and principles set out in the SRA code would make their professional conduct unethical. As being ethical towards the profession and the clients is positively correlated with complying risks that affect the SRA regulation of the firms. Risks faced by huge corporate firms compared to high street firms. SRA codes work differently for firms depending on the perceived risk that it poses to the regulatory objectives, firm size, previous compliance history and their risk management systems in place. For example internet crashing or employee absences would be a low risk for a large firm as they have enough staff to mitigate this risk because of higher client base. But for a small firm, an absence of one employee would cause a lot of trouble since they might not have anyone else who could do the work instead and so would suffer financially as the clientele would be of a smaller cohort. However some risks are same for both high street and large law firms like the lack of access to legal services. Only a third of people with a legal problem, seek legal advice and this risk is faced by the entire profession. There are various reasons as to why people do not seek legal advice and one of the main reasons is cost and practicality. As legal proceedings are expensive and one might not see any benefit in taking any legal action in terms of cost and time spent. Another reason is the lack of trust in seeking professional advice as seen in the above cases that if lawyers prefer their own interest compared to the client then clients will no longer trust the advice they are receiving. Compliance with anti-money laundering is another risk that is faced by the law firms and in some aspects it is more challenging for small firms. For example, succession planning and providing relevant training to staff are both mandatory under the MLR[30] and if not carried out effectively can potentially pose a higher risk to small firms. Since their staffing capacity and resources to deal with issues like due diligence, storage of archived files are less compared to that of a larger firm. Maintaining diversity in the legal profession is one of the other risks seen today. Large firms are less diverse compared to small ones as data shows that BAME solicitors, women, people with disabilities and those over 55 are less likely to be partners in large firms. This might be reasons due to personal choice, recruitment and promotion practice and flexible working options being not easily available. Conclusion Courts are reluctant of using Information barriers as a risk mitigating factor as seen in the above cases however it is not impossible to create an effective barrier as seen in Koch Shipping v Richard Butler[31]. This is possible if the barriers are well incorporated in the way a firm operates[32]. Even with risk mitigating factors in place, solicitors still exploit the SRA codes in order to gain their financial benefit. Therefore it is very important that solicitors strictly follow the principles set out in the SRA to achieve the best outcomes for their clients in order to uphold the rule of law and proper administration of justice.[33] References Bibliography Table of Cases Hilton v Barker Booth Eastwood [2005] 1 ALL ER 651 Schools v SRA [2015] EWHC 872 (Admin) Bolkiah v KPMG [1999] 1 ALL ER 517 Marks Spencer v Freshfields Bruckhaus Deringer [2004] EWCA Civ 741 Solicitors Regulation Authority v Dennison [2012] EWCA Civ 421 Koch Shipping v Richard Butler [2002] EWCA Civ 1280 Table of Legislation Legal Services Act 2007 Secondary Sources Solicitors Regulation Authority Code of Coduct 2011 Andrew boon https://www.sra.org.uk/solicitors/handbook/code/content.page file:///C:/Users/shrutika/Downloads/Risk%20Outlook%2028%207%2016%20(1).pdf http://www.sra.org.uk/risk/risk-index.page http://www.sra.org.uk/risk/risk-framework.page Secondary Sources Solicitors Regulation Authority Code of Coduct 2011 Andrew boon References www.westlaw.law.ac.uk www.swarb.co.uk http://www.sra.org.uk/consumers/what-sra-about.page http://www.lawsociety.org.uk/support-services/advice/practice-notes/conflicts-of-interests-in-criminal-cases/ not used it https://www.lawgazette.co.uk/law/conflict-of-interest-solicitor-struck-off/5042055.article [1] Solicitors disciplinary tribunal [2] act with integrity [3] not allow your independence to be compromised [4] behave in a way that maintains the trust the public places in you and in the provision of legal services [5] Legal Services Act [6] There are 10 mandatory principles and they define the fundamental ethical and professional standards that the SRA expects of all firms (including owners who may not be lawyers) and individualzzs when providing legal services. In some circumstances they apply outside practice. [7] Hilton v Barker Booth Eastwood [2005] 1 ALL ER 651 [8] you do not act if there is an own interest conflict or a significant risk of an own interest conflict [9] Schools v SRA [2015] EWHC 872 (Admin) [10] act with integrity [11] not allow your independence to be compromised [12] behave in a way that maintains the trust the public places in you and in the provision of legal services [13] Principle 4 Act in the best interests of each client; [14] Principle 5 Provide a proper standard of service to your clients; [15] run your business or carry out your role in the business effectively and in accordance with proper governance and sound financial and risk management principles [16] Risks which arise through the activities of regulated firms, their employees and regulated individuals employed by non-regulated persons, businesses or organisations. [17] Risks arising from or affecting the operation of the legal services market. [18] Risk that firm or individual undertakes an action or omits to take an action which impacts negatively on SRA meeting the regulatory outcomes. [19] Risk arising from a firms internal processes, people and systems. [20] Risks arising from the viability of the firm and the way it is structured [21] Enables the firm to segregate collections of employees with a guarantee that one part of the firm will not communicate with the other. [22] where informed consent by a client is not possible, you put in place effective safeguards including information barriers which comply with the common law; [23] Bolkiah v KPMG [1999] 1 ALL ER 517 <
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