“It’s not great because how long was that? I think it was six months or so before that, I’d moved the family out there to take this challenge on (with USA women). So you’ve got all that stuff going through your head, all those emotions. Then not long after that the Olympics has been postponed and then you sort of start thinking: ‘Right, where could this potentially go – what do you do?’”Out on the field: Overseeing a session (Warren Abrahams)Abrahams says all of this as matter of fact, often with a smile. In the days before and since there are clips and discussions about skill drills other coaches can use. Former charges take to social media to praise him. He says he has been open to having conversations with a variety of rugby people.The South African is aware that many are enduring tough times, globally. And while the world yearns for more live sport, there are athletes and coaches who may not now be able to take part when it does return. With the next generation: Warren Abrahams coaching kids (Warren Abrahams) Abrahams is all about forging opportunities and working his way up. Taking a gamble and moving to the UK in his 20s, he has gone through the amateur game and schools rugby to jobs with Germany and Lithuania sevens. He had roles with the Quins academy and mixed that with work with England’s elite sevens set-up. The chance to take on USA’s talented, diverse group of women and target the all-important Olympics alongside coach Chris Brown was an ideal challenge.The frustration with how things have panned out with the US comes down largely to the historical mismanagement of finances. Not all of the mess can be blamed on coronavirus. Yet Abrahams also talks of uncertainty of the athletes he worked with, what shifting dates and circumstances can mean for them.A USA women’s training session (Travis Prior for World Rugby)On that he adds: “There’s more frustration perhaps for the girls, if you think of some of the older ones who were perhaps going to finish up at the Olympics. Also, you’d imagine some would want to play in the Olympics and then the Rugby World Cup for their own individual profiles – where does this leave some of the girls? Where does it leave the ones who perhaps planned to start a family after the Olympics?“As you can imagine we were all working towards this common goal, ultimately being in medal contention, but also in terms of individual goals after the Games, for each and every person.“So there’s a lot of frustration as I know how important it is for female rugby players, because if they can medal in an Olympics or in a Women’s World Cup it makes them more employable in the future (in the States).”But then there’s that smile again. For Warren Abrahams, this season was meant to be about preparing USA women’s sevens for the Olympic Games from his position as assistant coach. But the roughhouse combo of a union’s financial problems and a global pandemic ensured that his life would be whipped in a different direction. Today the defiantly upbeat coach relishes finding new opportunities.“It’s been incredibly hard,” Abrahams tells Rugby World of losing his job. “You’ve been in a position only weeks ago where you were in a pretty cool spot, in terms of preparing your team for the pinnacle for anyone involved in sevens – the Olympics.“I remember standing on the field and I was pretty pleased with how our work was progressing as a team. Then there are rumours around of the US potentially going bankrupt and then all of a sudden Covid-19 comes in and hits the whole world with a storm.Related: The uncertainty facing out-of-work coaches“Before you know it, we’re in a position where we had to leave the training centre and then go into what was ultimately a small lockdown process. You weren’t too worried because we were still putting plans in place for the next tournaments but then not long after that – bam! – you are hit with the news. The company’s filing for bankruptcy and I remember sitting there in California and I (spoke) to my missus. Probably a day later, I left California to get back to England. You take as much stuff as you possibly can to come back.”After a period of hanging on, he got the confirmation in June. Can’t get to the shops? You can download the digital edition of Rugby World straight to your tablet or subscribe to the print edition to get the magazine delivered to your door.Follow Rugby World on Facebook, Instagram and Twitter. Abrahams adds: “On the bright side, I come from a background where I faced a lot of adversity and within this adversity there’s always opportunity, so I will ultimately keep that as a key driver.”Related: Richard de Carpentier on the issues facing sevens playersHe describes his upbringing in the Cape Town municipality as “not very well off” and so he has had to “work incredibly hard”. He earned himself a scholarship at Stellenbosch. He has kept knocking on doors since, he says.The outlook is upbeat. “It’s now about how I use these experiences and all these lessons, how I use my skills as a coach. In a way I believe they’ve made me a really adaptable person.”He plans to keep ‘upskilling’ himself, so that when job offers do come, he is ready to take it. He wants a job that aligns with his own values, he adds. He wants, he concludes, any discussion about a role that “sets my soul on fire”. Time to set a spark. The ambitious coach was preparing for the Olympics before problems mounted Stateside LATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALS Asked how he would feel about switching fields completely, using his tapestry of experiences, Abrahams takes an overview of rugby. “It’s gonna be big for people to see live sports, but it is actually the people that have to deliver these live sports whose livelihoods are at stake.“I’m reading all these things and I’m thinking: ‘People, I don’t even have a job!’ I’m not sure whether I’ve got a job and whether I’m actually going to be able to perform my skills within this. And if I can’t perform my skills, I’m hoping that the skills from a coaching perspective are transferable so I can perhaps get a job elsewhere, not even related to sport.“But hopefully these skills will come in handy. Everyone would sit then and perhaps think about themselves, internally, in terms of what (sport’s return) would mean to them. But actually some of the people who sit on the other end and have to produce these sporting moments are going through extremely tough times.”
ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/883145/cristovao-house-coletivo-cais Clipboard “COPY” Houses Year: Area: 210 m² Year Completion year of this architecture project Cristovão House / Atelier CaisSave this projectSaveCristovão House / Atelier Cais Portugal Photographs: Francisco Nogueira Manufacturers Brands with products used in this architecture project “COPY” CopyHouses, Renovation•Lisboa, Portugal Manufacturers: Jular, Projecto Mosaico, Tons de PedraAuthor Architects:Guilherme Bivar, Marta PavãoArchitect In Charge:Marta PavãoWater And Sewage, Thermal, Acoustic:Patrícia Ferreira, João RoviscoStructure:David CamõesAir Conditioning, Electric, Telecommunications:Fernando CorreiaConstructor:Blue OfficeCity:LisboaCountry:PortugalMore SpecsLess SpecsSave this picture!© Francisco NogueiraRecommended ProductsWindowsLibartVertical Retracting Doors & WindowsDoorsStudcoAccess Panels – AccessDorDoorsEGGERWood Laminate Doors in Molecular Plant Science InstituteWindowsAccoyaAccoya® Windows and DoorsText description provided by the architects. From the existing plot, there was an access garden, a degraded two stories house, and a backyard garden. The project had as the main goal the requalification of the existing house and its expansion, through not only a new implantation and back facade design, as well as the optimization of the roof morphology for a new attic area. In order to promote the new functional program and get a better spatiality, it ran a total reorganization of interior layouts of the ground and upper floors. Through the rise of the existing ridge quota and the volumetry of the roof, the house was offered a new attic area with a great connection with the surrounding, through a terrace. The front facade remained unchanged.Save this picture!© Francisco NogueiraSave this picture!Ground Floor PlanSave this picture!© Francisco NogueiraThe backyard topography was totality redefined, as initially, it presented a level far superior of the house making the interior/exterior relation impossible and damaging natural lighting and ventilation. In the backyard, there was drawn an outdoor dining area, along the axis of the kitchen; a small garden related to the living room and a water tank, for refreshment in summer months. The house has solar orientation Northeast-Southwest and is for a family of a couple and a child.Save this picture!© Francisco NogueiraSave this picture!SectionSave this picture!© Francisco NogueiraProject gallerySee allShow lessThis All-In-One Piece of Furniture Is A Tiny House Must-HaveFurnituresOstasilor 8 / TAG ArchitectureSelected Projects Share Save this picture!© Francisco Nogueira+ 28 Share Cristovão House / Atelier Cais 2017 Architects: Atelier Cais Area Area of this architecture project Photographs ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/883145/cristovao-house-coletivo-cais Clipboard Projects ArchDaily CopyAbout this officeAtelier CaisOfficeFollowProductConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesRefurbishmentRenovationLisbonLisboaPortugalPublished on November 12, 2017Cite: “Cristovão House / Atelier Cais” 12 Nov 2017. ArchDaily. Accessed 11 Jun 2021.
Big Impact Small BudgetThis category awards a prize to a small or medium organisation that has delivered disproportionate results for their beneficiaries, either relative to revenue or on a small budget, in the past 12 to 24 months.The winner this year was the International Transformation Foundation in Kenya, for its “Join the Pipe Project” which provided schools with water kiosks. The judges were impressed with its sustainable business plan, which saw clean tap water being sold to community residents by pupils at an affordable price. Howard Lake | 27 October 2015 | News The winners of the 2015 Global Awards for Fundraising were announced at last week’s International Fundraising Congress in Holland. The humorous hijacking of a Neo-Nazi march to fundraise for a German charity won two awards.Established in 2010, the Global Awards for Fundraising celebrate excellence and inspirational fundraising by organisations and individuals. They are hosted by the Resource Alliance, which runs the International Fundraising Congress, now in its 36th year.This year the awards were opened up to entries from around the world. Previously they had been open only to winners of national fundraising awards.There are four categories in the awards.Innovative Fundraising CampaignThis category recognises organisations for fundraising campaigns that display innovation and opportunity for replication.The winner was ZDK Society Democratic Culture in Germany for its innovative hijacking of a Neo-Nazi march to fundraise for EXIT-Germany, a charity that helps members of the far-right who want to leave the movement and start a new life.Local residents were encouraged to donate €10 to the charity for every metre walked by extremists on their annual march through the town of Wunsiedel.[youtube height=”450″ width=”800″]https://www.youtube.com/watch?v=gSGXbb0AAAc[/youtube]Also on the shortlist were HelsinkiMissio of Finland and Act For Peace of Australia. [youtube height=”450″ width=”800″]https://www.youtube.com/watch?v=5h5iyWHjYos[/youtube]Shortlisted were Global Schoolroom of the Republic of Ireland and Cris Cancer Foundation in Spain. AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Advertisement Fundraisers from Germany, India and Kenya recognised in Global Awards for Fundraising Volunteer of the YearThis award recognises volunteers who have significantly assisted an organisation’s fundraising cause.It was presented to Aneesha Wadhwa of Udyan Care, India who has been volunteering at at the charity for 12 years. Her involvement grew from being the youngest mentor mother (a voluntary lifetime carer) at one of its homes for orphaned girls to being the youngest Advisory Board member, to today when she holds the position of trustee.Shortlisted were: Marion Carroll at Ronald McDonald House, Ireland and May Gilchrist at Macmillan Cancer Care, UK.The remaining two categories were put to public vote.People’s Choice AwardThis new category was decided by public vote via the Resource Alliance website. Around 2,000 people voted and the winner was volunteer Marian Carroll from Ronald McDonald House Ireland. About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving. 51 total views, 1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis IFC Choice AwardThis final Global Fundraising Award was voted on by 1,000 attendees at the award ceremony. Fundraisers from around the world chose Nazis for Nazis by ZDK Society Democratic Culture from Germany, its second win of the night.Kyla Shawyer, chief executive of the Resource Alliance, said:“In a time when the activities of charities are under scrutiny like never before it is encouraging to see so many examples of good practice from NGOs around the world. The entries we received demonstrated creativity, sustainability and excellent donor care. We are delighted to be able to showcase these successes for the rest of the global fundraising community to share in, learn from and enjoy.”
EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS Retired Army Staff Sergeant Dominic Perrotte III expected to ride in the 126th Rose Parade to represent Americans who have served in the military. Instead, he was surprised with a mortgage-free home provided by Wells Fargo & Company and the Military Warriors Support Foundation during the New Yearâ€™s Day parade.The theme of this yearâ€™s parade was â€œInspiring Storiesâ€ and the home donation to Staff Sgt. Perrotte is being described as one of the most â€œinspiring stories of the day.â€ The Purple Heart recipient, who served two tours of duty in Iraq and one in Afghanistan, will receive a home in Hampton, Virginia, where he and his family plan to settle down to be closer to family and friends.â€œAs we start off the New Year we could not be more excited than to honor Staff Sgt. Perrotte and help him achieve his goal of homeownership with a mortgage-free home donation,â€ said Tim Sloan, Senior Executive Vice President, head of Wholesale Banking, Wells Fargo. â€œAlong with Military Warriors Support Foundation, we salute Staff Sgt. Perrotte, who bravely served his country, and take pride in being a part of the great tradition of the Rose Parade.â€Wells Fargo supports the Military Warriors Support Foundation, which is committed to helping veterans like Staff Sgt. Perrotte transition back to civilian life. For his service and sacrifice, MWSF selected him to receive the Wells Fargo-donated mortgage-free home through its Homes 4 Wounded Heroes program.â€œLike many Americans, our heroes have a desire to own a home but with the battle injuries they have, there can be obstacles to making that a reality,â€ said Lt. Gen. Leroy Sisco, founder and CEO, Military Warriors Support Foundation. â€œThese homes help to fill a significant need for veteran housing, but it would not be possible without the support of great partners like Wells Fargo. Presenting these homes to veterans lets them know that people care.â€In 2012, the same year Wells Fargo and the Military Warriors Support Foundation began working together, Wells Fargoâ€™s Military Affairs program pledged $35 million over a three-year period to assist service members and veterans with sustainable housing, career transition and customized financial education. Thirty million dollars of that pledge is earmarked for home donations. Since January 2013, Wells Fargo has donated nearly 200 properties valued at more than $30 million, surpassing the commitment it made two years ago.Veterans interested in the Homes 4 Wounded Heroes program should visit the Military Warriors Support Foundation website for more details at www.militarywarriors.org.In addition to the Rose Parade closing ceremony Wells Fargoâ€™s iconic stagecoach equestrian units made an appearance earlier in the parade hosting riders from Villa Esperanza Services, a Pasadena-based agency dedicated to the care and education of children, adults and seniors with developmental, intellectual and other disabilities. For the past 21 years Wells Fargo executives have served on Villa Esperanza Servicesâ€™ board of directors to help bring hope to families in Southern California.Riding in the stagecoach on New Yearâ€™s Day was Villa Esperanza Services participants Joan Feser and her three children Michael, John and Julianna; Stacy Baskin and her daughter Simone; Margaret Morris and her sister Kathy Hess; Villa Esperanza CEO Kelly White; Villa Esperanza Board Chair Candice Rogers; longtime Villa Esperanza supporter Rich Byrd from Abbot Downing; and Wells Fargo Southern San Gabriel Vice President Tiffiney Lockett.Villa Esperanza Services helps more than 600 individuals with developmental disabilities and their families each year in Los Angeles and Ventura counties. Since 1961 the nonprofit organization has been a leader in advocating and advancing services for the developmentally disabled. Villa Esperanza Services excels in offering progressive and innovative approaches and solutions, featuring individualized programs and a lifetime continuum of care. To learn more about Villaâ€™s collaborative approach, log on to www.VillaEsperanzaServices.org. Subscribe Get our daily Pasadena newspaper in your email box. Free.Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m. Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadena Make a comment More Cool Stuff Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy First Heatwave Expected Next Week Top of the News Business News Community News Name (required) Mail (required) (not be published) Website faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,Virtual Schools PasadenaHomes Solve Community/Gov/Pub SafetyCitizen Service CenterPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimes Community News People Wells Fargo and Military Warriors Support Foundation Surprise Veteran with Mortgage-Free Home During Rose Parade STAFF REPORTS Published on Thursday, January 1, 2015 | 3:03 pm HerbeautyKate Beckinsale Was Shamed For Being “Too Old” To Wear A BikiniHerbeautyHerbeautyHerbeauty10 Questions To Start Conversation Way Better Than ‘How U Doing?’HerbeautyHerbeautyHerbeautyCostume That Makes Actresses Beneath Practically UnrecognizableHerbeautyHerbeautyHerbeauty8 Easy Exotic Meals Anyone Can MakeHerbeautyHerbeautyHerbeautyThese Are 15 Great Style Tips From Asian WomenHerbeautyHerbeautyHerbeauty7 Most Startling Movie Moments We Didn’t Realize Were InsensitiveHerbeautyHerbeauty Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday 6 recommended0 commentsShareShareTweetSharePin it Your email address will not be published. Required fields are marked *
Know the LawWhat Is Attorney-Client Privilege? Afreen Alam & Hamza Lakdawala26 Dec 2020 12:54 AMShare This – x There are very few elements of the law as holy and sacred as Attorney-client privilege. Attorney-client privilege or lawyer-client privilege is the common law concept that makes all communications between a lawyer and their client confidential, and such confidentiality is protected by law. “Privileged professional communication” is the immunity accorded to the communication between…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?Login There are very few elements of the law as holy and sacred as Attorney-client privilege. Attorney-client privilege or lawyer-client privilege is the common law concept that makes all communications between a lawyer and their client confidential, and such confidentiality is protected by law. “Privileged professional communication” is the immunity accorded to the communication between the legal advisor and the client. Attorney-client privilege is one of the oldest privileges for confidential communications. According to the Black’s Law Dictionary, attorney-client privilege is “a client’s right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney.” In Upjohn Co. v. United States, 449 U.S. 383, 389 (1981) the United States Supreme Court stated that by assuring confidentiality, the privilege encourages clients to make “full and frank” disclosures to their attorneys, who are then better able to provide candid advice and effective representation. Background: Attorney-client privilege can be traced back to 16th century Britain. Originally, the privilege seemed to be based upon the honor and integrity of the legal practitioner and belonged to him. This in turn meant that he could waive confidentiality, and the client would have no say in the same. Around the 18th century, the courts started developing jurisprudence to support the idea that privilege was the client’s right, and the attorney alone could not waive it. By the middle of the 19th century, the law was clear – privilege belonged to the client. When the British Empire took over the administration of India and imported their justice system into their new colony, Attorney-client privilege too made its way to the subcontinent, and soon became an essential element of the Indian legal system. In Woolley v. North London Railway (1868-1869) LR 4 CP 602, the court held that information called for by the client and provided by an employee or a third-party agent, on the request of, and for the purpose of submission to, the attorney may also be protected. Attorney-Client Privilege Under Indian Evidence Act, 1872: The Indian Evidence Act, 1872 provides protection to professional communications and confidential communications with the legal advisors under Sections 126, 127, 128, and 129. The Evidence Act encompasses within its scope attorneys, barristers, pleaders or vakils and not in-house lawyers. The Advocates Act, 1961 defines an advocate to include only those lawyers who have enrolled with the specific State Bar Council. Section 126 states, “No barrister, attorney, pleader or vakil shall at any time be permitted, unless with his client’s express consent, to disclose any communication made to him in the course and for the purpose of his employment as such barrister, pleader, attorney or vakil, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment or to disclose any advice given by him to his client in the course and for the purpose of such employment: Provided that nothing in this section shall protect from disclosure –– (1) any such communication made in furtherance of any 2 [illegal] purpose, (2) any fact observed by any barrister, pleader, attorney or vakil, in the course of his employment as such, showing that any crime or fraud has been committed since the commencement of his employment It is immaterial whether the attention of such barrister, [pleader], attorney or vakil was or was not directed to such fact by or on behalf of his client”. Section 126 of the Act defines the scope of privilege attached to professional communications in an attorney-client setting. Section 126 expressly prohibits legal representatives from disclosing any communications exchanged with the client. It also prohibits stating the contents or conditions of documents in possession of the legal representative during the course of the professional engagement. Section 127 states, “Section 126 to apply to interpreters, etc. –– The provisions of section 126 shall apply to interpreters, and the clerks or servants of barristers, pleaders, attorneys, and vakils”. This ensures that the people working with or under the legal representative too are bound by law to maintain the same level of confidentiality as the legal representative. Section 128 states, “Privilege not waived by volunteering evidence. –– If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in section 126; and, if any party to a suit or proceeding calls any such barrister, pleader, attorney or vakil as a witness, he shall be deemed to have consented to such disclosure only if he questions such barrister, attorney or vakil on matters which, but for such question, he would not be at liberty to disclose”. Section 128 binds the legal adviser from disclosing information covered under Section 126 unless the client calls the legal adviser as a witness & questions him/her on the same. Section 129 states, “Confidential communications with legal advisers. –– No one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal professional adviser, unless he offers himself as a witness, in which case he may be compelled to disclose any such communications as may appear to the Court necessary to be known in order to explain any evidence which he has given, but no others.” As per Section 129, no individual can be compelled to disclose to the court any privileged communication between him/her and his legal advisor unless he/she offers himself as a witness. Therefore, any person who seeks the services of a legal practitioner who is registered under The Advocates Act, 1961, shall enjoy attorney-client privilege pursuant to the aforementioned sections of The Indian Evidence Act, 1872. In Memon Hajee Haroon Mohomed v. Abdul Karim  3 Bom. 91, it was held that to claim the privilege under section 126 of the Evidence Act, communication by a party to his pleader must be of a confidential nature. In Kalikumar Pal v. Rajkumar Pal 1931 (58) Cal 1379, the court ruled that the communications between an attorney and client are privileged even if they contain information from third parties. Prohibition of disclosure also extends to any interpreters, clerks, or servants of the attorney. While the attorney-client privilege continues even after the employment has ceased, there is no privilege to communications made before the creation of an attorney-client relationship. The Bar Council of India Rules The Bar Council of India has framed the Bar Council of India Rules (“BCIR”), which stipulates certain standards of professional conduct and etiquette for all legal practitioners. Rules 7 and 15 of the BCI Rules state an advocate’s duty towards the client: Rule 7: Not disclose the communications between the client and himself: An advocate should not by any means, directly or indirectly, disclose the communications made by his client to him. He also shall not disclose the advice given by him in the proceedings. However, he is liable to disclose if it violates section 126 of the Indian Evidence Act 1872. Rule 15: An advocate should not misuse or take advantage of the confidence reposed in him by his client. Infringement of the above-mentioned rules would subject an advocate to disciplinary proceedings. Hence, privileged communication between an attorney and a client are not admissible as evidence. In the case of Satish Kumar Sharma v. Bar Council of Himachal Pradesh (AIR 2001 SC 509), the Supreme Court of India quoted the Part VI, Chapter II, Section VII, Rule 49 of the Bar Council of India Rules, stating that ‘an advocate shall not be a full-time salaried employee of any person, government, firm, corporation or concern, so long as he continues to practice and shall, on taking up any such employment intimate the fact to the Bar Council on whose roll his name appears, and shall thereupon cease to practice as an advocate so long as he continues in such employment. An advocate cannot be a full-time salaried employee. The only exception is if the person is a Law Officer of the Central Government of a State or of any public corporation entitled to be enrolled in the Bar.’ Further, in the case of Municipal Corporation of Greater Bombay v. Vijay Metal Works (AIR 1982 Bom 6) the court held that “a salaried employee who advises his employer on all legal questions and also other legal matters would get the same protection as others, viz., barrister, attorney, pleader or vakil, under Section 126 and 129, and, therefore, any communication made in confidence to him by his employer seeking his legal advice or by him to his employer giving legal advice should get the protections of Ss.126 and 129.” In Larsen & Toubro Ltd v Prime Displays (P) Ltd  114 Comp Cas 141 (Bom), the Bombay High Court observed that: It is, thus, clear that, even according to the applicant, in order that an advice given by an internal legal department of the applicant becomes entitled to protection, under Section 129, that advice must be given by a person who is qualified, to give legal advice. The Right to Information Act 2005 (the RTI Act) permits Indian citizens to access information held by public authorities. This has raised intriguing concerns about the attorney-client privilege as grounds for refusing to disclose professedly public information that is held by the public authorities. Section 8(1)(e) in The Right To Information Act, 2005 states that; information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; In the case of Mukesh Agarwal v. Public Information Officer, the Reserve Bank of India  CIC 11210, the Central Information Commission (CIC) held that while there may be a fiduciary relationship in respect of communication from the client to their attorney, there is no fiduciary relationship in respect of communication from the attorney to the client when the client is a public body with public responsibility under the RTI Act. In the Superintendent, High Court v The Registrar, Tamil Nadu Information Commission and M Sivaraj, 2010 (5) CTC 238, The Madras High Court, held that: “Instead of asking the [Public Prosecutor], who holds such an information in the capacity of counsel, the petitioner is very well entitled to approach the client, ie, the State of Tamil Nadu directly for getting such information.” A concept that evolved in the 16th century, is now one of the most important aspects of our legal system. Without attorney-client privilege, no person would ever receive a proper defense or a fair trial. Attorney-client privilege allows a person to speak with his/her lawyer freely, without the fear of his/her lawyer turning on him. This in turn allows the lawyer to put up the best possible defense for his/her client. In a modern legal system, the attorney-client privilege is at the heart of justice, and without it, there would be no liberty. [Hamza Lakdawala is an aspiring litigator, researcher, and writer from Mumbai. He studied Journalism at Mumbai University and is currently pursuing his LL.B. at Kishinchand Chellaram Law College, Mumbai. He tweets at @hamzamlakdawala] [Afreen Alam is a law student, researcher, and writer from Delhi. She is currently pursuing her B.A. LL.B from Jamia Millia Islamia, Delhi. She tweets @Afreenalam_] [i] “Attorney–client privilege”, Black’s Law Dictionary, p. 1391 col. 2 (Bryan A. Garner 10th ed. 2014). Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
News UpdatesMumbai DCP Abhishek Trimukhe Files Criminal Defamation Case Against Arnab Goswami, Wife and Republic TV Sharmeen Hakim3 Feb 2021 3:29 AMShare This – xDeputy Commissioner of Mumbai Police, Abhishek Trimukhe has filed a criminal defamation complaint against Republic TV’s editor- in- chief Arnab Goswami, director Samyabrata Goswami and ARG Outlier Media that runs the channel. The complaint filed in the Sessions Court, Mumbai, through the public prosecutor’s office, seeks a “deterrent process of warrant” against the accused…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginDeputy Commissioner of Mumbai Police, Abhishek Trimukhe has filed a criminal defamation complaint against Republic TV’s editor- in- chief Arnab Goswami, director Samyabrata Goswami and ARG Outlier Media that runs the channel. The complaint filed in the Sessions Court, Mumbai, through the public prosecutor’s office, seeks a “deterrent process of warrant” against the accused and “compensation” for Trimukhe.”The defamatory remarks have been made by a singular view of assassinating his(Trimukhe’s) official character and thereby maliciously and deliberately causing undue humiliation of the Mumbai Police department and those who serve the public thereunder,” the complaint states. Trimukhe alleges that the defamatory remarks were made against him by Goswami during a panel discussion on Republic Bharat related to Sushant Singh Rajput’s case and those remarks were then broadcast on their YouTube channel, on August 7,2020. The panel discussion was with regard to the Call Records of actor Rhea Chakraborty, an accused in the drug case connected to the actor’s death. “However, far from being a discussion conscribed by journalistic ethos, the defamatory telecast has accused no.1 (Goswami) breaking into a tirade of defamatory statements against the complainant,” the document states. It narrates that the entire “sensationalistic approach” used by Goswami during the telecast is “unbecoming of a journalist,” and was done to cause reputational damage. Trimukhe also alleged that Goswami runs the Twitter handle @arnab5222 with nearly 2 lakh followers, and has reiterated and recirculated the defamatory telecast to an even larger audience, through Twitter. The complaint states that ARG Outlier, which runs Republic TV/ Republic Bharat has Goswami and his wife Samyabrata as executive directors and no decision can be taken without their knowledge. “As such the defamatory publication has been made with the wilful intention, involvement, knowledge, consent of A-2(Samyabrata), as well.” Trimukhe says he is 2007- batch IPS officer and is currently serving as the DCP, Zone IX. He describes himself as being “tough on criminals.” The complaint further notes that it is filed after sanction from the state home department. The complaint has been filed under section 499 (defines defamation), 500 and 501 (punishment for defamation), along with section 34(common intention) of the Indian Penal Code. Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
Shadow Lantry(TAMPA, Fla.) — For once, police were thankful a group of criminals broke into a car.A group of inmates on work duty in New Port Richey, Florida, came to the rescue of a forgetful father who accidentally locked his keys — and, more importantly, his 1-year-old baby — in his truck earlier this week.Five prisoners, along with deputies from the Pasco County Sheriff’s Office, were working to repair medians outside the West Pasco Judicial Center on Thursday when they saw the father begin to panic and a crowd gather around the locked car.An onlooker provided the inmates with a wire hanger and they went to work.“[We were] surprised when somebody had a wire coat hanger, [and] we were able to get the door open enough to get it in there, unlock the door,” Richard Stanger, from the Pasco County Sheriff’s Office, told Tampa ABC affiliate WFTS.The inmates were described as “low-risk offenders.”“A lot of them, like these individuals, they know they made bad mistakes, bad choices, but they want to do the right thing in life,” Pasco County Sheriff Chris Nocco said.In a cellphone video shot by the truck’s owner, deputies can be heard telling the dad to “pop his head in the window” every once in a while, so the baby doesn’t get scared by all the “strange faces.”It took about two minutes for them to pop the lock — and trigger the car alarm — in order to get the baby out of the truck.The victory triggered celebration by those who had crowded around the vehicle.Luckily it was a fairly cool day in the Tampa area with a high of 72 degrees on Thursday. Copyright © 2019, ABC Radio. All rights reserved.
ABC NewsBy MAX GOLEMBO AND CATHERINE THORBECKE, ABC News(LOS ANGELES) — There are more than two dozen major wildfires torching California as of Monday, including two newly-formed fires raging in Northern California’s wine country that both started on Sunday.Over 18,000 firefighters remain on the front lines to combat the 27 total wildfires still burning across the state, officials said.North of San Francisco, the Glass Fire has burned 11,000 acres of the state’s famous wine vineyards in Napa and Sonoma Counties and is 0% contained as of Monday, according to the California Department of Forestry and Fire Protection, or Cal Fire. Evacuation orders are in effect for large swaths of areas near the blaze, including in parts of Santa Rosa, St. Helena and Calistoga.The Glass Fire started on Sunday and its cause remains under investigation, authorities said.The blaze prompted the evacuation of a local hospital, the Adventist Health St. Helena, according to a statement on the health care facility’s website. The hospital said 55 patients were evacuated safely to other hospital locations and their family members have been notified.Some iconic wineries in the area have also been engulfed in flames as a result of the new fire, The San Francisco Chronicle reported.Meanwhile, the Zogg Fire also started Sunday in Shasta County, California, and also remains 0% contained as of Monday. It has scorched some 15,000 acres, fire officials said.Further east in Plumas County, the North Complex fire — which has consumed some 306,135 acres — is now 78% contained, officials said.There have been more than 8,000 wildfires that have burned over 3.7 million acres across California in 2020 alone. At least 26 people have been killed and more than 7,000 structures have been destroyed as a result of these fires.On Sunday, record heat and dry gusty winds helped to spread the fires in California. Winds gusts over 50 mph were recorded in northern California with record high temperatures of 101 degrees in Napa and 99 degrees in Oakland.On Monday, critical to extreme fire danger is expected from southern Oregon to the San Francisco Bay area and down to Los Angeles County. Red flag warnings, heat advisories, excessive heat watch and air quality alerts have been issued for the West, mostly for California.Temperatures are forecast to approach 100 degrees once again for most of inland California with temperatures near 90 in major cities like San Francisco and Los Angeles.Temperatures are also forecast to surpass 100 degrees in Burbank on Tuesday and Wednesday with more record highs possible in the region.Meanwhile, in the Midwest and parts of the South, a strong cold front is expected to bring a major cold blast from Minnesota to Georgia. The coldest temperatures of the season are forecast for most of the area this week with the coldest day and night expected by the end of the week.Many areas in the Midwest and central U.S. will see their first frost and freeze of the season.Copyright © 2020, ABC Audio. All rights reserved.
Retirement laws needed to stem tide of tribunalsOn 3 Dec 2002 in Personnel Today TheGovernment would be wise to speed up the introduction of age discriminationlegislation to put an end to the uncertainty TheGovernment would be wise to speed up the introduction of age discriminationlegislation to remove uncertainty and reduce the ever-growing number oftribunals.Itcomes as no surprise that the recent employment tribunal ruling allowingemployees over the age of 65 to bring claims for unfair dismissal and statutoryredundancy is to be appealed.TheGovernment clearly believes that, despite what the Labour Force Statisticssuggest, the upper age limit for employment claims is not discriminatory. However,some may have been surprised to read these words from a Governmentspokesperson: “Some issues are already clear. We must erode the presentcliff edge at the end of working life – where on Friday someone is a valuedmember of the workforce, but by Monday they are shunted into retirement. Thiswill mean extending choice and removing financial penalties that stand in people’sway. And it will mean legislating to end age discrimination at work.”Thesewere the words of the Work and Pensions Secretary Andrew Smith at the LabourParty Conference – but the subject matter was not compulsory retirement age,rather separate legislation concerning pension reforms.InlandRevenue regulations are to be reformed, opening up the possibility of easierretention when an employee has reached retirement age. Easier, that is, for theemployer to persuade staff to stay on. Thecurrent Inland Revenue regulations prevent employees from taking a pension andsalary from the same employer unless a completely different job is taken. Asa result, employees find they are unable to wind down to part-time work andstay with the same company purely because of financial difficulties. Thechanges to the pension restrictions will remove these financial barriers. Thiswill clearly benefit employers who wish to retain older workers who have keyroles in the company, and might otherwise be lost to competitors. Thismight be misinterpreted as the Government’s first step in introducinglegislation giving older workers more rights. However, whether the employee isinvited to stay on after retirement age is the employer’s choice. An employeedoesn’t have the right to complain if they are not retained. But legislationintroducing real rights for older workers is definitely in the pipeline.Implementationof the Employment Equality (Age) Regulations must take place before December2006. Although the first draft has not yet been published, it appears likely itwill be unlawful for an employer to stipulate a compulsory retirement age thatcannot be justified by the needs of the particular job.Inthe current situation, the Stratford Employment Tribunal’s decision is persuasive,but it does not change the law. Lawbooks still state that an employee over 65 years old or at normal retirementage, will not be able to bring a claim against their employer. Yet employeesare bringing claims on the back of this decision and these claims are beingstayed pending the appeal being heard. Everytime an employee is retired, there is a risk that they may present a complaintof unfair dismissal. Employers either have to follow a full dismissal procedureand identify a fair reason for dismissal, or bite the bullet and see whetherthey submit a claim. Thisuncertainty could be quickly addressed by the introduction of new legislation.Everybody knows that age discrimination laws must come into force. Delay nowmeans that employers are left in limbo and the tribunals lists are gettinglonger. Yes,there are practical difficulties in introducing age discrimination regulations.But there must also have been difficulties introducing similar legislationoutlawing race, sex and disability discrimination. Itwill take time for employers to become accustomed to age discriminationlegislation, and it is likely that for many, an inability to recognise it as aserious issue will result in costly claims and potentially large compensationawards. However,the benefit will be a return to certainty – which has got to be in everybody’sbest interests.ByMichael Ball, Employment partner, Halliwell Landau Related posts:No related photos. Comments are closed. Previous Article Next Article