Law & Ethics Essay Example | Topics and Well Written Essays - 1500 words

Law & Ethics - Essay Example According to this model, whenever a lawyer is representing a client, it does not amount to the lawyer endorsing the economic, sociopolitical or moral outlook of the client (Zacharias, n.p.). This therefore means, that a lawyer is distinct from the activities of a client even in appointed representation, and thus should not be party to the activities of the client that amount either to fraud or misconduct of the client. This way, the model requires the lawyer to act in a way that does not entangle him/her in misconduct or fraud committed by the client, and thus act as a gatekeeper who prevents such occurrences within an organization (Wan, 502). Further, the ABA Model 2004 defines and limits the scope of representation of a client by the lawyer, through stipulating that a lawyer may not represent a client or assist the client in a conduct that is deemed to be illegal or fraudulent, but that the lawyer should instead discuss and offer legal counsel to the client, regarding such matters (Zacharias, n.p.). ... an integral part of corporate governance, through defining the corporate organization as a client, and through providing for the course of action that a lawyer should take in protecting the client against adversarial intentions and activities (Zacharias, n.p.). The Model provides that whenever an organization’s lawyer knows that an employee, an officer or any other person associated with the organization is engaged in an action or is intending to engage in an action that is likely to harm an organization, the lawyer is duty-bound to act in the best interest of the organization, to prevent the occurrence f the same (Wan, 512). According to the provisions of this model, unless the lawyer reasonably believes that it will not be in the best interest of the organization, the lawyer should refer the matter to a higher authority within the organization, and if it is warranted, to another higher authority outside the organization, that will act in the best interest of the organization (Zacharias, n.p.). This way, the model places a lawyer in a gate keeping position, and requires that he lawyer should always act in the best interest that protects the client, or hinder the client from conduction fraudulent, criminal or immoral activities (Wan, 488). Question 2: The incentives framework that rentier-state theory introduced in Kuwait and how it impacted the business environment The rentier-state theory introduced a political autonomy framework of incentives in Kuwait, allowing the country to be able to discharge its internal affairs without being overly influenced by external and foreign forces, regarding the internal matters of governance and administration (Al-Zumai, 7). This incentive framework is an essential aspect for the establishment of a legal framework that works for