The Fortitude Valley Dentist team is here to support you in reaching the highest levels of oral health and getting the smile of your dreams. We welcome the opportunity to meet you and find out how we may be able to help you!
With a Certificate III Administration from TAFE Central Queensland, Amy is passionate about working in dentistry. She had a treatment with Dr John in her teenage years that left a strong impact. After experiencing the cosmetic and health benefits of Breathing Retraining Programmes, Amy became an advocate for others to experience what this programme can do for them. She's responsible for helping patients and coordinating Dr John's courses.
She enjoys the Fortitude Valley Dentist team and the positive atmosphere, making sure that patients feel comfortable. Outside of the practice, Amy enjoys movies and playdates with her young son, trying new places to eat and training in her home gym. She's competed in Natural Bodybuilding Federation's fitness divisions, placing in several areas during 2016.
Kylie achieved her Certificate III in Dental Assisting and has worked at Fortitude Valley Dentist since 2010. She enjoys helping our patients and working as a member of our friendly, knowledgeable team.
She's married and tries to balance her work and social lives while staying healthy with regular exercise. In her spare time, she enjoys house renovations and bush walking with her husband, Barry.
Marissa enjoys working in a fun environment with the close-knit Fortitude Valley Dentist team. She holds a Certificate III in Dental Assisting.
Outside of the practice, Marissa competes in natural bodybuilding. She likes to eat Italian food, to go to the movies, to read, to travel and to spend time with family and friends, including her fiancé Blake and poodle Rio.
Attella is the youngest member of our staff and attained her Dental Assisting Certificate in Anchorage, Alaska. Attella was born in Brisbane, has lived between here, Alaska and Canada growing up. In her spare time, Attella enjoys going to the beach, crocheting and has plans to travel the world.
Kate is the newest member of our team! Kate was born in the UK and moved to Australia with her partner 2 years ago. In her spare time, Kate enjoys going to the coast and soaking up the sun, adventuring around Australia and going out for nice meals.
Book a convenient weekend appointment, or schedule your time during our extended hours. Free parking is available for our patients.
Appointment Terms and conditions apply.


Below are some commonly used terms and procedures in Cosmetology industry.
A beauty consultant, also known as a cosmetic beauty advisor, is someone who promotes, sells and applies beauty products. Their main focus is to help clients feel good about their appearance. This can be done by assisting people in finding the right beauty products for them. Beauty consultants can explain what different chemicals are in different products and recommend specific ones for customers. Their expertise allows them to give advice on style and experiment with ways to make the customer most aesthetically appealing. Cosmetic companies, beauty firms or department stores are a few of the places where beauty consultants may work. To become a beauty consultant, you must take classes and gain certification from an accredited beauty school program.
Cosmetology is the service treatment of hair, nails and skin. They are educated in the area of cosmetology, and as such can provide their advice and expertise. Many clients depend on their cosmetologist to direct them in how they should style their hair, color their nails and know what products to use on their skin. Cosmetologists are successful at making conversation and being personable with customers. They must be knowledgeable about what haircuts would look good on certain face shapes as well as what colors do or do not work on people. Cosmetologists can do more than style hair and may work in other professions such as a nail technician, makeup artist or even massage therapist.
Electrolysis is a salon treatment for removing hair. This is done through electric currents that destroy hair follicles. To get rid of unwanted hair permanent electrolysis can be done. The hair removal process can take multiple attempts and are performed by a certified electrologist. To become a certified electrologist, you must pass an exam, the IBEC, the International Board of Electrology Certification. Most electrologists attend beauty school before taking the exam. Three different types of electrology are used for hair removal; galvanic, thermolysis and blend. A certified electologist can help decide what their clients need. A dermatologist may also provide services for electrolysis.
An Esthetician works on people's skin and mostly focus on a person's face. Esthetician will meet with clients to discuss their needs and analyze any skin condition or treatment plans they decide on. However, they are not certified doctors, so they do not provide medication, only specialized treatment for specific client needs. Facials are a common task for an esthetician. They can also provide specialty spa treatments and cosmetic procedures. Their techniques are meant to help rejuvenate and improve a person's wellbeing. To become a licensed esthetician one must follow the specific certification requirements according to the state they want to practice in.
There are many beauty school programs to choose from, one of which is the full specialty program. Beauty schools offer this option for students that want to gain knowledge in many areas of cosmetology. Instead of picking just one area to focus on, this program covers a variety of specialties. Nail care, hairstyling and spa treatment are a few areas covered in this program. Students also learn management, communication and business skills. The purpose of this program is to prepare students to be versatile in their work and open to a number of occupations in the beauty industry.
A hairdresser is someone who specializes in attending to hair. They shampoo, cut and style a person's hair. They may provide recommendations for different cuts and colors that would best suit each individual. Hairdressers work to keep their clients hair feeling healthy and looking beautiful. This occupation usually provides flexible hours. A hairdresser must be licensed and certified to work in the state they operate in. There is a minimum requirement of a cosmetology license for this type of occupation, which can be attained from an accredited beauty school. Further classes and certifications can be taken in this field as well.
A makeup artist is someone who is specialized at applying makeup. These people know a lot of information about the makeup products and how they affect a person. For example, a makeup artist will know what chemicals are in certain products and can distinguish what will work better on different skin types. Makeup artists can work in a number of locations, at a salon, mall or for a specific company. The entertainment industry uses a lot of makeup artists for their theater, film and music productions. Free-lance makeup artists are those who work for themselves and are contracted for specific events. For example, weddings, photo shoots and theater may hire freelance makeup artists.
Manicurists and pedicurists are certified to attend to a person's fingernails and toenails. This certification is usually earned from a state-approved cosmetology program or after studying at a postsecondary school. Manicurists and pedicurists have many tasks, such as cleaning and organizing nail equipment and promoting nail products to clients. They can suggest styles and decorations for customers. This occupation requires great attention to detail. Manicurists and pedicurists clean and often massage a client's hands and feet while giving them a treatment. Most manicurists and pedicurists work in nail salons, spas or are self-employed. Their work schedules can be very flexible and may include weekdays or weekends.
Having a massage is a great stress reliever and can help aid in many physical problems. A massage therapist is a trained professional who provides massages to clients. They can focus on specific areas according to a patient's needs. For instance, if someone has an injury a massage therapist can attend to that area of the body differently in order to help with pain, circulation, and inflammation. A massage therapist communicates with their patients on ways to better relax and take care of their body, such as improving posture and stretching. Most massage therapists attend a postsecondary school for their education and require a certification or license to practice therapy.
Managing a salon is very important for a career in beauty and cosmetology. Most cosmetology programs will require a course in salon management. Understanding the basic principles of running a salon is salon management. This includes being aware of how promote, organize and market your salon. You will also learn about licensing regulations and how to hire employees. Communication is also a main focus of this class, as it will be a valuable tool in keeping and acquiring good clientele. Even if you do not plan to be a salon owner, the skills from a salon management course will help you in any beauty career.
The beauty industry offers numerous forms of spa treatments; a program in spa specialties is designed to cover all these areas. Massage therapy and clinical massages are covered as well as facials, body wraps and mask techniques. Instruction is given on how to use aroma therapy, hot stone massage and apply brushes properly. Beauty schools that offer this program usually require students to practice spa treatments on real clients. This provides hands-on learning that will prepare them for their future career in the spa and beauty industry. Each spa therapy is covered in its own specific course. This program typically takes a total of 200 hours for completion.


text:
package org.callimachusproject.server.chain;

import java.util.HashMap;
import java.util.Map;
import java.util.concurrent.Future;

import org.apache.http.Header;
import org.apache.http.HttpHost;
import org.apache.http.HttpRequest;
import org.apache.http.HttpResponse;
import org.apache.http.client.cache.ResourceFactory;
import org.apache.http.concurrent.FutureCallback;
import org.apache.http.impl.client.cache.CacheConfig;
import org.apache.http.impl.client.cache.CachingHttpAsyncClient;
import org.apache.http.impl.client.cache.ManagedHttpCacheStorage;
import org.apache.http.impl.nio.client.CloseableHttpAsyncClient;
import org.apache.http.nio.client.HttpAsyncClient;
import org.apache.http.nio.conn.ClientAsyncConnectionManager;
import org.apache.http.nio.protocol.HttpAsyncRequestProducer;
import org.apache.http.nio.protocol.HttpAsyncResponseConsumer;
import org.apache.http.nio.reactor.IOReactorStatus;
import org.apache.http.params.HttpParams;
import org.apache.http.protocol.HttpContext;
import org.callimachusproject.server.AsyncExecChain;
import org.callimachusproject.server.helpers.AutoClosingAsyncClient;
import org.callimachusproject.server.helpers.CalliContext;
import org.callimachusproject.server.helpers.ResponseCallback;
import org.callimachusproject.server.util.HTTPDateFormat;
import org.slf4j.Logger;
import org.slf4j.LoggerFactory;

public class CacheHandler implements AsyncExecChain {
	private final class DelegatingClient extends
			CloseableHttpAsyncClient {
		private final AsyncExecChain delegate;
		private boolean running;
		public DelegatingClient(AsyncExecChain delegate) {
			this.delegate = delegate;
		}

		public void start() {
			running = true;
		}

		public void close() {
			shutdown();
		}

		public void shutdown() {
			running = false;
		}

		public boolean isRunning() {
			return running;
		}

		public IOReactorStatus getStatus() {
			return null;
		}

		public HttpParams getParams() {
			return null;
		}

		public ClientAsyncConnectionManager getConnectionManager() {
			return null;
		}

		public <T> Future<T> execute(HttpAsyncRequestProducer arg0,
				HttpAsyncResponseConsumer<T> arg1, HttpContext arg2,
				FutureCallback<T> arg3) {
			throw new UnsupportedOperationException("CachingHttpAsyncClient does not caching for streaming HTTP exchanges");
		}

		public Future<HttpResponse> execute(HttpHost target,
				final HttpRequest request, final HttpContext context,
				FutureCallback<HttpResponse> callback) {
			return delegate.execute(target, request, context, callback);
		}
	}

	private final Logger logger = LoggerFactory.getLogger(CacheHandler.class);
	private final HTTPDateFormat modifiedformat = new HTTPDateFormat();
	private final AsyncExecChain delegate;
	private final ResourceFactory resourceFactory;
	private final CacheConfig config;
	private final Map<HttpHost, HttpAsyncClient> clients = new HashMap<HttpHost, HttpAsyncClient>();

	public CacheHandler(AsyncExecChain delegate, ResourceFactory resourceFactory, CacheConfig config) {
		this.delegate = delegate;
		this.resourceFactory = resourceFactory;
		this.config = config;
	}

	public synchronized void reset() {
		clients.clear();
	}

	@Override
	public Future<HttpResponse> execute(HttpHost target,
			final HttpRequest request, final HttpContext context,
			FutureCallback<HttpResponse> callback) {
		if (config.isHeuristicCachingEnabled()) {
			return getClient(target).execute(target, request, context,
					new ResponseCallback(callback) {
						public void completed(HttpResponse result) {
							setCacheControlIfCacheable(request, result, context);
							super.completed(result);
						}
					});
		} else {
			return getClient(target)
					.execute(target, request, context, callback);
		}
	}

	private synchronized HttpAsyncClient getClient(HttpHost target) {
		if (clients.containsKey(target))
			return clients.get(target);
		logger.debug("Initializing server side cache for {}", target);
		ManagedHttpCacheStorage storage = new ManagedHttpCacheStorage(config);
		CachingHttpAsyncClient cachingClient = new CachingHttpAsyncClient(new DelegatingClient(delegate), resourceFactory, storage, config);
		HttpAsyncClient client = new AutoClosingAsyncClient(cachingClient, storage);
		clients.put(target, client);
		return client;
	}

	/**
	 * Adds max-age cache-control based on last-modified heuristic for client
	 * caching.
	 */
	void setCacheControlIfCacheable(final HttpRequest request,
			HttpResponse response, final HttpContext context) {
		String method = request.getRequestLine().getMethod();
		int sc = response.getStatusLine().getStatusCode();
		if ("GET".equals(method) || "HEAD".equals(method)) {
			switch (sc) {
			case 200:
			case 203:
			case 206:
			case 300:
			case 301:
			case 302:
			case 303:
			case 307:
			case 308:
			case 410:
				setCacheControl(response, context);
			case 304:
				if (response.getFirstHeader("Cache-Control") != null) {
					setCacheControl(response, context);
				}
			}
		}
	}

	private void setCacheControl(HttpResponse response, final HttpContext context) {
		long now = CalliContext.adapt(context).getReceivedOn();
		Header lastMod = response.getLastHeader("Last-Modified");
		Header[] headers = response.getHeaders("Cache-Control");
		if (headers != null && headers.length > 0 && now > 0 && lastMod != null) {
			String cc = getCacheControl(headers, lastMod, now);
			if (cc != null) {
				response.removeHeaders("Cache-Control");
				response.setHeader("Cache-Control", cc);
			}
		}
	}

	private String getCacheControl(Header[] cache, Header lastMod, long now) {
		StringBuilder sb = new StringBuilder();
		for (Header hd : cache) {
			if (sb.length() > 0) {
				sb.append(",");
			}
			sb.append(hd.getValue());
		}
		if (sb.length() == 0 || sb.indexOf("max-age") < 0
				&& sb.indexOf("s-maxage") < 0 && sb.indexOf("no-cache") < 0
				&& sb.indexOf("no-store") < 0) {
			int maxage = getMaxAgeHeuristic(lastMod, now);
			if (maxage > 0) {
				if (sb.length() > 0) {
					sb.append(",");
				}
				sb.append("max-age=").append(maxage);
				return sb.toString();
			}
		}
		return null;
	}

	private int getMaxAgeHeuristic(Header lastModified, long now) {
		long lm = lastModified(lastModified);
		int fraction = (int) ((now - lm) / 10000);
		return Math.min(fraction, 24 * 60 * 60);
	}

	private long lastModified(Header lastModified) {
		return modifiedformat.parseHeader(lastModified);
	}

}

redpajama_set_name: RedPajamaGithub


The Commission meeting was held on Friday, August 6, 1999 from 9:00 a.m. to 4:00 p.m., on Saturday, August 7, 1999 from 9:00 a.m. to 4:00 p.m., and on Sunday, August 8, from 9:00 a.m. to noon in Atlanta, Georgia.
Chief Justice Veasey reported that President-Elect Martha Barnett conveyed to him a sense of urgency in completing this project. He asked the Commission to consider ways to complete the project quickly and receive maximum input from ABA entities and others. A member pointed out that a Section representative advised the Commission at the hearing on Thursday that Sections would be unlikely to review the drafts carefully until the draft is complete. In light of that, the Commission decided that it would file a preliminary discussion draft in October 2000. The Commission also agreed to establish a more proactive outreach to the Sections and other interested entities.
The Reporters indicated that they would plan to have a report on every remaining Rule for the October meeting. They noted that it is important to view the Rules as a whole since so many issues affect more than one Rule. The Commission thanked the Reporters for their outstanding work.
The Commission agreed that it should not try to put too fine a point on every issue at this stage and that it would not be diverted by collateral issues.
The minutes of the Commission meeting of May 7 - 8, 1999 were approved as submitted.
Professor Hazard, Chair of the Subcommittee on Rule 4.2, reported that relations are cordial with the Department of Justice but that the Ethics Committee/Ethics 2000 proposal before the House of Delegates will be withdrawn. He noted that the Leahy Bill, which is scheduled to be considered soon, asks the Rules Committee of the Judicial Conference to look at this issue.
The Commission agreed that it will proceed with a fresh review of Rule 4.2 as part of its Work Plan.
The Reporter said he did not think a separate paragraph on criminal defendants was necessary since the current draft specifies that constitutional law will trump the principle in paragraph (b).
A member observed that, according to the Comment, criminal defendants who will perjure themselves cannot be called to testify. He felt that since no lawyer can call the defendant in those circumstances, the client is not disadvantaged by the failure to be called, and the lawyer need not withdraw.
A discussion on the tension between the defendant's right to testify and the lawyer's obligation not to offer testimony the lawyer knows to be false followed. The Reporter noted that, according to case law, the constitutional right to testify does not include a right to testify falsely. He felt that the ethical obligation should be separated from the constitutional entitlement and that the constitutional issue should not be codified in the ethics rules. A member said that the issue should be recognized in the Comment but that the Commission should not attempt to resolve it.
A member asked if the Rules should tell lawyers what to do when confronted with a client who insists on being allowed to offer perjurious testimony. An observer thought this was a "best practice" concept and should not be added to the rules.
A member remarked that the language in Comment , line 29 reads "the lawyer must refuse to offer." He said there is a difference between not offering evidence and not eliciting it and noted that the right to testify belongs to the client, not the lawyer. A member suggested that the penultimate sentence should say "if the lawyer anticipates" that the testimony will be false. Another member suggested that the sentence convey the idea of "eliciting" rather than "presenting" testimony.
A member questioned the use of "as true" in Comment . A Reporter said the concern was a lawyer offering a witness's testimony for the purposes of later impeaching it. The Reporters will clarify the point.
The Commission approved Comment  as drafted.
The Reporter said that the bracketed language in the second sentence of paragraph (b) is intended to clarify what "offers" means (e.g., whether it covers cross-examination and depositions). A member felt that the black letter and the Comment should clarify that the idea of sponsorship applies to presenting both a witness at trial and a client at a deposition. The Commission agreed that since courts are heavily involved in settlement, the use of depositions as a basis for settlement is essentially a representation to the court and thus part of the adjudicative process. The Commission agreed to add "to a tribunal" to paragraph (b) and indicate in the Comment that tribunal embraces the discovery process.
A member asked that the title "Remedial Measures" be restored in the Comment prior to Comment .
The Commission then discussed the last sentence in paragraph (b). Several members thought the Rule should distinguish the situation where the witness believes his testimony is true (there is no intent to deceive) but the lawyer knows it is false. A member suggested that the definition in Comment  should read "knowingly false." The Commission voted 5 to 4 to leave the Comment as written.
Several members thought it was too much of a burden for a lawyer to correct statements the lawyer knows to be false but the witness believes to be true. A member said the Commission needs to determine if correcting false statements by a witness is a power or a duty. He felt that if it is a duty the sentence should say "knowingly false." A member suggested that the Comment would flow better if the third sentence were moved to follow the first sentence. Another member wondered if there have been any problems in the case law with the definition of false.
The proposition "a lawyer may not offer evidence of a witness the lawyer knows to be lying" passed 7 to 3. The Commission agreed that this should be explained in Comment .
The Reporter advised the Commission that an alternative to paragraph (c) was presented in the Reporter's Observations. The alternative broadens a lawyer's duty to report misconduct - it is not limited to acts by the client and does not require a determination of whether the lawyer's silence will assist the client.
Some members suggested returning to the language of the Model Code of Professional Responsibility. A member said the old language is limited to jury tampering. He added that the choice is whether to have a general duty or a very limited one - should lawyers have a duty to report or should they just have the option of doing so? The Reporter proposed presenting a choice between the specific approach and a more generalized duty in the draft discussed at the next meeting.
A member asked why the draft couldn't use current paragraph (c), drop "by the client" and add "preserves the integrity of the proceeding." A Reporter said that wouldn't cover situations that might not be criminal or fraudulent.
A member was concerned about the discussion of withdrawal in Comment . The Reporter pointed out that the discussion would be deleted if the alternative approach was approved.
The Reporter pointed out that Comment  includes a definition of "conclusion of proceedings." A member suggested using the term "final review."
The Reporter raised the issue of the definition of "adjudicative proceedings" in Rules 3.3 and 3.9. A member suggested that this issue be deferred until the Commission looks at Rule 4.1.
A member felt that the deletion of "material" in paragraph (c) seemed to be for purely aesthetic reasons. The Commission agreed "material" should be returned.
A member suggested that the new sentence in Comment  be deleted. He didn't think it was a proper definition of "directly adverse." The Commission voted to delete the sentence.
The Commission agreed to look at this Rule again in October.
The Reporter stated that the Commission has received several comments in favor of non-consensual screening where a neutral is disqualified for having served as a mediator or arbitrator in the same or a substantially related matter. An observer informed the Commission that the Section of Dispute Resolution favors non-consensual screening. The Commission discussed a variety of factors related to screening. Some reasons given for allowing non-consensual screening were: firms will not be willing to allow lawyers to serve as neutrals and the need to support court-annexed ADR; the fact that there is no lawyer/client relationship in ADR; and the freedom of clients to choose lawyers. Some reasons given for not permitting non-consensual screening were: some arbitrators are chosen by sides and are partisan; arbitrators and mediators are not the same as judges; consistency with Rule 1.10; loyalty to clients; the prohibition is limited to substantially related matters; the difficulty in generalizing about the ADR process; and the fact that neutrals do receive confidential information. A Reporter questioned whether the whole complex process of private ADR should be covered in the Model Rules.
The Commission discussed the fact that participants in ADR can contract for alternative arrangements such as whether or not to allow screening if a disqualifying situation develops. A member noted that the contract would have to acknowledge that the participants do not know at the outset how the ADR process will unfold (e.g., the extent of confidential information that will be given to the neutral). Another member thought any discussion of contracts would have to distinguish between court-ordered and private ADR. The Commission agreed that the Comment should state that the participants may contract in private ADR or in court-ordered ADR if consistent with the court order.
The Commission voted 7 to 2 not to allow nonconsensual screening. The Commission also agreed with the Reporter's decision to combine paragraphs (c) and (d).
The Reporter explained that the ADR community feels there should be a rule on lawyers as dispute resolution neutrals. She noted that paragraph (b) covers disclosures that the neutral must make. Several members and observers noted that there are a number of court rules and other standards in this area. They argued that the Rule should refer to other applicable law. Another member added that if a lawyer is a member of a firm, disclosures regarding any conflicts that the firm might have would also be required.
A member asked if consent of the participants was required after disclosure. One member felt that consent would be assumed if the parties were represented but should be required for unrepresented persons. Another member felt that if such a provision was included here, it would have to be included in other places in the Rules as well, such as Rule 1.13(d). Others agreed that it was inconsistent with the neutral's function to provide Rule 1.4 informed consent because the neutral is not providing advice.
A member suggested that the Rule should only address issues unique to lawyers: advising participants that the lawyer is acting as a neutral and not as a lawyer; and addressing the issue of imputation. It was moved and seconded to include only paragraphs (b)(2) and (c)(3) in the Rule and to refer in the Comment to other rules and standards. The motion passed unanimously. The Commission agreed to delete the brackets in paragraph (b)(2).
A member suggested incorporating into (b)(2) the idea in (d)(3) that a lawyer may draft a settlement resulting from the ADR process but may not otherwise represent the parties. The Commission felt that the point did not need to be specifically made in the black letter Rule because (b)(2) requires the lawyer to explain the difference between the lawyer's role as a neutral and a lawyer's role in representing a client.
A member proposed adding back in (b)(1) and (c)(1) [disclosure or acquisition of any interest or relationship that is likely to affect the lawyer's impartiality]. A member responded that this area should be left to developing law. Another pointed out that impartiality is an issue for all neutrals, not just lawyers. The Reporter added that some of what is covered in (b)(1) and (c)(1) is in Rule 8.4.
A member suggested that the Reporter consider a new title for the Rule.
A member suggested limiting (c)(3) to the prohibition on giving legal advice, eliminating the reference to "legal information." The Reporter noted that there is some confusion among arbitrators about the difference between legal advice and legal information. The Commission suggested that the discussion about legal information be added to the Comment.
A member asked whether (d)(2) should be included in the Rule. The Commission agreed that the substance of (d)(2) was not unique to lawyers.
The Commission reviewed the Reporter's memorandum of April 18, 1999 outlining five possible amendments to the Model Rules relating to ADR.
1. The Commission approved an addition to the Preamble recognizing that lawyers perform important ADR functions.
2. The Reporter noted that a number of commentators have recommended that the Rules specifically address the need for lawyers to advise clients of suitable ADR options. The Commission was opposed to such an amendment because it was more in the nature of best practice than a disciplinable offense.
3. The Reporter advised the Commission that she has also received comments recommending that "tribunal" be defined to include ADR processes conducted under the auspices of a court. Several members felt that the duty of candor was different in arbitration and in mediation, which is more like a settlement process. Other members felt strongly that lawyers have a duty to be honest at all times. An observer noted that the difference between Rules 3.3 (Candor to the Tribunal) and 4.1 (Truthfulness in Statements to Others) is that Rule 3.3 trumps Rule 1.6 and Rule 4.1 does not. The Reporter observed that with the Commission's proposed changes to Rule 3.3, that would not be true. A suggestion was made to redraft Comment  of Rule 3.3 to include court-annexed ADR. The Commission agreed that court-annexed ADR would be covered in Rule 3.3, while other ADR would be treated in Rule 4.1.
A member suggested that the Reporter consider creating a new Rule 4.X even if it is similar to Rules 3.3 and 4.1. He suggested that Rule 2.X could be incorporated into the new Rule 4.X.
4. The Reporter stated that she has also received a recommendation that Rule 4.1 be amended to delete the word "material." The Commission agreed to review this issue after further discussions on Rule 3.3.
5. The Reporter stated that some members of the ADR community have suggested the following amendment to the Comment to Rule 1.3: "A lawyer is not bound to press for every advantage that might be realized for a client, particularly in nonadjudicative forms of dispute resolution where excessive contentiousness may not further a client's interests in seeking a mutually agreed upon resolution of a dispute." The Reporter indicated that she agrees that "excessive contentiousness may not further a client's interests," but would rather not qualify that statement by any suggestion that it is limited to nonadjudicative dispute resolution. Several members felt that this recommendation is in the nature of best practice. The Commission suggested that the Reporter draft something for the next meeting.
The Reporter pointed out that the current draft treats a move from one government agency to another just like a move from government to private practice. He asked if the Commission wanted to review this change in the Rule [paragraph (a) was changed from "...shall not represent a private client..." to "...shall not represent any other client..."]. A member felt that whether moves between government offices subject to the same authority (e.g., the federal government) were moves to a "new client" was a question of law, not of ethics. A Reporter pointed out that Comment  in the draft says only that it may be appropriate to treat moves from one government agency to another as moves to an "other client" for purposes of this Rule.
The Reporter next pointed out that, aside from the question of imputation, the language in paragraph (c) relating to a move from private practice to government, is not exactly parallel to paragraph (a), the move from government to private practice. He noted that in both paragraphs disqualification applies only to the "matter" on which the lawyer worked. He referred to page 6 of the Reporter's Observations which discussed this issue: "...[I]n (a), the lawyer is disqualified if she had 'participated personally and substantially' in a matter, while in (c), the lawyer is personally disqualified if she 'had represented a client or obtained information protected by Rules 1.6 and 1.9(c) that is material to the matter' while in private employment. The amount of disqualifying information would almost certainly be greater in (c) than in (a). The justification for the distinction is that (a) is based on federal statutory language that we have gotten used to in describing post-government-employment limitations, while (c) uses terms we have long used in dealing with private clients. The prohibition in (c) has already been cut back by limiting it to information 'material to a matter' rather than relevant in general to the lawyer's government work. Furthermore, there is no imputation now in a government agency, so although the personal disqualification is greater, the burden put on the agency is less than the burden put on private firms by this rule."
The Commission agreed with the current draft on this point.
The Reporter also noted that Rule 1.11 now specifically covers all aspects of moving between government and private practice. There previously was confusion about whether Rule 1.9(a) applied when a lawyer moved from private practice to government. A member reiterated her position that Rule 1.9(a) should apply to former government lawyers and should be incorporated into Rule 1.11. The Commission agreed to reconsider the issue after the draft is circulated for comment.
A member objected to the deletion in the current draft of "or reasonably should know" in paragraph (b). [The phrase was included in the previous draft but is not in the current Model Rule.] He felt that lawyers who act recklessly would not be covered by the Rule if the phrase was deleted. A Reporter pointed out that the same problem arises wherever the knowledge standard is used in the Rules. A motion to include the phrase in the Rule was defeated.
A member asked why "know or reasonably should know" was deleted in lines 22 - 23 of paragraph (b). The Reporter indicated he felt that the addition to the current Rule was not necessary and would not change the result. The member noted that a firm that does not receive accurate information from a new lawyer could be bitten by this Rule.
A member raised two issues with respect to Comment . First, the member felt that by not referring to paragraph (c) in the Comment there is the implication that paragraph (c) does not apply to representations that are not adverse to former clients. Second, the member felt that the Comment also implies that Rules 1.6 and 1.9(c) obligations do not apply to former government lawyers now in private practice. A Reporter indicated that the Comment should clarify how those obligations apply to former government lawyers.
A member questioned the use of the term "regularly employed" in Comment . The Reporter stated that the term was intended to clarify that the Rule applies only to regular government employees. The Commission felt that the term "employee" should be sufficient. Also, in the last sentence of Comment , the Commission agreed that "lawyers who are employed by" should be changed to "lawyers who are officers of or employed by."
The Commission agreed that the Rule should be circulated for public comment after a final review by the Commission on the listserv.
The Reporter indicated that the current Rule does not provide sufficient guidance to lawyers, especially in situations where a client is impaired but does not need a guardian. She stated that paragraph (b) identifies protective measures a lawyer can take when the lawyer reasonably believes the client cannot act in his own interest. She noted that the current Rule seems to imply that seeking guardianship is always the best choice while the new draft emphasizes taking reasonably necessary protective action, including seeking the appointment of a guardian. The Reporter provided for the Commission's consideration an alternative to paragraph (b) that provides greater specificity regarding individuals or entities the lawyer might contact. She felt that the alternative provided less flexibility for the lawyer. Two observers, Frank Johns, President of the National Association of Elder Law Attorneys, and Nancy Coleman, Director of the ABA Commission on Legal Problems of the Elderly, agreed that their groups favored less specificity and more flexibility.
In response to a question, the Reporter stated that the intent of paragraph (c) is to indicate the extent to which the lawyer is impliedly authorized under Rule 1.6 to reveal information. It is intended as a caveat to lawyers that they may be revealing information to persons with serious conflicts of interest.
Several members pointed out that lawyers can consult with people in the course of any representation. They felt that the real caution to lawyers was to be careful what they reveal, not who they consult. They also felt that the draft implies that something is being added to Rule 1.6. A member suggested that the caution about revealing confidential information may be especially important in cases of client incapacity but that the point should be made in the Comment with an appropriate example.
A member pointed out that Comment  is more of a warning than an authorization. He suggested that the last statement, regarding assistance from a diagnostician to determine the extent of the client's incapacity, should be made first.
The Commission discussed the need for consistency in terminology regarding clients who are disabled. An observer indicated that the international convention is to use the term diminished capacity clients. A member felt that the Comment should explain that capacity is a continuum and that in dealing with problems the least restrictive alternative should be sought.
A member wanted to clarify that family members of the client are not also clients but may be agents. The member felt that the Comment should explain what happens to privileges or confidences if family members or others are present at a client meeting.
A member argued against including paragraph (c) in the Rule. He indicated that the paragraph seems to limit what a lawyer could otherwise do. He felt that it was preferable to avoid reaching into practice areas, especially since many state laws are implicated.
A member voiced his concern that the Rule does not provide sufficient guidance to lawyers. He felt that the Rule was not clear about whether the lawyer was supposed to consult and then make the ultimate decision, or consult and leave the decision to others. Other members noted that, in addition to confidentiality issues, scope of representation and conflicts problems were also implicated. A member pointed out that many of these issues are discussed in Ethics Opinion 96-404.
A member stated that the Commission should not make extensive changes to the Rule. He stated that it is useful to make the point that lawyers may seek a guardian in appropriate circumstances because some lawyers feel that such a step is disloyal. He added that the Rule cannot be written for specific cases.
The Reporter asked the Commission to reconsider its decision to require that a separate fee agreement be executed with respect to every new matter on which a regular client consults a lawyer. He felt that such a requirement was neither practical nor desirable. A motion was made and seconded to return to the Model Rule formulation of the first sentence of paragraph (b), with the deletion of the word "preferably." The motion passed unanimously.
A motion was made and seconded to require that any changes in the basis of the fee must be in writing. The motion passed unanimously. A member suggested that the Comment clarify that the writing need not be signed by the client.
An observer stated that this Rule is rarely used in discipline. He felt that a more objective standard than "reasonable" should be used. He suggested "excessive". A Reporter felt that a change from "reasonable" to "excessive" would be perceived negatively by the public. Another Reporter pointed out that the Code defines "excessive" as "unreasonable." The Commission agreed that "reasonable" was the better term.
A member felt that the real problem is whether contingent fees are reasonable. He felt paragraph (a)(8) was not sufficiently precise regarding the degree of risk. Other members felt that it was a mistake to try to quantify the risk and that it was too easy to look at contingent fees with hindsight. The Reporter pointed out that the skill of the lawyer is only one factor. Another Reporter suggested that Comment  be enhanced by stating that not only paragraph (a)(8) applies to contingent fees. The Commission agreed.
A member suggested that in the fourth sentence of Comment  the word "describe" should be changed to "include."
A motion was made and seconded to change "should" to "shall" in the second sentence of Comment . A member pointed out that it is not appropriate to prescribe something in the Comment that is not prescribed in the Rule. A Reporter added that it would not be accurate to make the change because some courts do take a retrospective look at fees. The motion was defeated. The Commission agreed with a suggestion to change "should" to "should ordinarily be."
A motion was made and seconded to delete the third sentence of Comment . The motion passed. A motion was made and seconded to delete the fourth sentence of the Comment. A member felt that the sentence was helpful in reminding lawyers that contingent fees are not just subject to contract law. He added that an example - perhaps one using the model of advance waiver of conflicts - might be helpful. The motion to delete the sentence was defeated. A Reporter added that when a lawyer tries to collect a fee, it won't be unethical unless it is clear that the lawyer should not have gone after the fee. The Reporter felt that it was preferable that the rules for collection and discipline be uniform on this point.
The Reporter asked if the Commission wanted to restore to the Rule the Code provision that lawyers must at least give clients an alternative to a contingent fee arrangement. He noted that present Comment  seems to advocate such a position but that language was deleted from this draft. A member noted that some lawyers only do work on contingency fees. Another asked if a lawyer should be disciplined for not offering an alternative. Several members were troubled by the use of the word "should" in this context because the point seems to be more of a "best practice" comment.
A member stated that the language in the fourth sentence of Comment  regarding written fee agreements was unreasonable. A Reporter added that the use of "should" in this sentence was again a "best practice" comment and should be avoided. A member added that the requirement of a writing is already controversial and it is not helpful to add numerous details. The Commission agreed that the writing requirement should include the scope of the representation and the basis of the fee. The Commission also agreed that paragraph (b) should cover fees and disbursements.
A member voiced his concern over the statement in Comment  that joint responsibility for the representation requires each lawyer to assume civil liability for any malpractice of other lawyers in the matter. A member responded that the Comment only clarifies the intent of the original Rule. A motion to delete the sentence failed for lack of a second.
A member asked why the reference to Rule 5.1 was deleted in Comment . The Reporter responded that since there is not a supervisory relationship between the lawyers in the joint representation, Rule 5.1 is not applicable.
The Reporter stated that the main issue in this Rule is what to do with property of a client or third person if there is a dispute over money held by the lawyer. He noted that the only change in the Rule is that the lawyer need not have an interest in the money. An observer said the Rule may present a problem for a lawyer acting as an escrow: if the lawyer pays out the money in accordance with a provision in the escrow agreement, would the lawyer be violating Rule 1.15? The observer provided language to the Reporter for consideration. A member suggested that the Comment refer to interpleader. The Commission decided to change the word "jurisdiction" back to "state," and to define "state" in the Terminology Section.
The Reporter pointed out that some of the concerns with current Rule 1.2 are that it is under-inclusive with respect to decisions that must be made by the client; it is unclear regarding the difference between "objectives" and "means;" and it is out of step with the Restatement. He stated that the current draft attempts to deal with these concerns.
A member questioned the addition of "filing an answer" in paragraph (a). This led to a discussion about the main thrust of this paragraph and its relationship to Rule 1.4. The Reporter stated that the idea was to discuss issues related to consultation in Rule 1.4 and to discuss responsibility for decision-making in Rule 1.2. He added that the reference to consultation in current Rule 1.2 is confusing. The new draft also tries to clarify that a lawyer is free to take action reasonably calculated to accomplish the client's objectives unless the client has given contrary instructions. Several members felt that the draft should take into consideration the fact that the lawyer has inherent authority to do certain things.
A member suggested that the title of the Rule should be in accord with the operating principle that authority always belongs to the client. A Reporter added that a problem with the current Rule is that it implies that the lawyer controls the means and the client controls objections when in fact the client has ultimate control over both. The member added that the real distinction is when you have to consult the client and when you do not.
A Reporter suggested that the analysis should be that 1) where a lawyer does not have implied authority the lawyer must go to the client for a decision, and 2) for other decisions the lawyer is impliedly authorized to act unless the client instructs the lawyer otherwise. The Reporter added that paragraph (a) would delineate the things that are not impliedly authorized.
A Reporter pointed out that Comment  attempts to explain that analysis. He added that where the lawyer is impliedly authorized to act, the lawyer must keep the client informed. A member added that this analysis is in accord with the fact that the client has ultimate authority.
A member felt that there may be some timing issues with respect to consultation in non-litigation practice. The Reporter said that issue should be dealt with in Rule 1.4.
A member stated that moving discussion of consultation to Rule 1.4 was a good idea. He felt that Rule 1.2 must be intentionally ambiguous because there are some means the client cannot veto or insist upon. He added that it is often difficult to distinguish between objectives and means. He suggested that the discussion of criminal practice be deleted from the Rule. He observed that it was added because of its sensitive and recurring nature but is not necessary. He also felt that the last sentence regarding implied authority was not necessary because it was only a restatement of the formulation in Rule 1.6. A member suggested that the "implied authority" exception in Rule 1.6 ought to be treated as an example of an action reasonably calculated to accomplish the client's objectives as authorized in Rule 1.2.
Another member observed that this is an agency rule related to a discipline rule. She felt that it was important to remind lawyers that there are certain things that the lawyer must check with the client on. She suggested that the Rule state in the first sentence that, subject to Rule 1.4, the lawyer may take any action reasonably calculated to accomplish the client's objectives. She said that the next sentence would list the decisions reserved to the client. A Reporter felt that the Rule must also discuss client instructions because the current Rule implies that the lawyer can ignore client instructions except those in the enumerated areas. She added that Rule 1.4 does not indicate who makes decisions. A member added that the Rule should not use terminology different from that in Rule 1.6.
Another member observed that it is not always easy to tell in a given situation if the lawyer is impliedly authorized to act or if the lawyer must consult and abide by the client's decision.
The Commission asked the Reporter to redraft Rule 1.2 in combination with Rules 1.1, 1.3 and 1.4 for the next meeting.
The Commission next discussed proposed paragraph (x). A member felt that the point was self-evident and need not be included. A Reporter noted that the Rule allows a lawyer to refuse to engage in conduct where the lawyer reasonably believes but does not know it is unlawful or prohibited by the Rules. Another member suggested that the reporters take this point into consideration as a fourth principle as they redraft the Rule. A member felt that the paragraph gives the lawyer latitude to disregard the client.
The Commission then discussed paragraph (c). A member reminded the Commission about the need to have an expanded definition of "writing" in the Terminology Section. This led to a discussion of what would trigger a writing. One member observed that a writing would not be good if it discourages lawyers from experimenting with new ways to offer assistance. An observer from NLADA indicated that his group intends to convene a working group on ethics issues. He felt that a writing is an important consumer protection but that it is important to reach out to new technologies. He stated that it may be preferable to have a requirement that the lawyer show that the client understood. Another observer suggested language such as, "a memorialization appropriate to the circumstances." The Commission took a straw vote on whether to require a writing. All members were opposed to a writing. A member suggested that the Comment clarify that this does not just apply to litigation. Another member suggested that comments  and  be expanded to cover these issues.
A member asked if Rule 1.5 would require a limitation on representation to be in writing. He also wondered if Rule 1.5 would require a writing if the lawyer did not charge a fee.
The Commission agreed that current paragraph (b) should be moved to the Preamble.
The Commission reviewed the Reporter's memorandum on Access to Legal Services and Technology Issues. The first issue in the memorandum was limited service agreements. The proposed change to Rule 1.2(c) regarding limited service agreements was discussed when the Commission reviewed that Rule. Two other issues were highlighted in the memorandum: conflicts of interest and formation of a lawyer/client relationship. The Commission discussed several conflicting policy considerations relevant to these issues: the need for pro se litigants to receive assistance of a limited nature; the need to ensure that the advice given by the lawyer is given in the context of a lawyer/client relationship; the concern of a lawyer only being partially involved; and the need to encourage lawyers to provide advice to persons of limited means. A member suggested that it might be possible to create a different set of conflicts rules for lawyers in certain situations. The Commission agreed that the requirement of competence applies no matter what limitation is on the lawyer/client relationship.
The next issue raised by the memorandum was a possible modification of Rule 5.5 to permit lawyers to assist non-lawyers in providing routine legal services. The Commission agreed that the Model Rules was not the correct place to try to deal with this issue.
The next suggestion was three possible modifications dealing with lawyers and unrepresented opposing parties. The Commission agreed with the suggestion to modify Rule 4.3 to explicitly prohibit a lawyer from providing advice to an unrepresented person whose interests are adverse to the lawyer's client. The second suggestion was to provide in Rule 4.3 that a lawyer who is engaged in negotiations with an unrepresented person shall not take unfair advantage of the person's ignorance of the law or legal procedures. In response to a question a member explained that unfair advantage would mean something like inserting illegal or unenforceable provisions in a contract. The Commission agreed to look at a draft of this proposal. The Commission disagreed with the third proposal which was to amend Rule 3.3 to require a lawyer who is appearing before a tribunal on behalf of a client whose adversary is not represented by counsel to comply with Rule 3.3(d) regarding ex parte proceedings.
The next area of discussion was fee waivers in fee-shifting litigation. The Reporter explained that the Commission had received testimony from a person advocating adoption of a Rule that would prohibit defense lawyers in a civil action from conditioning settlement on the plaintiff's waiver of their statutory entitlement to an award of a reasonable attorney's fee. The Commission felt this was a contract issue but indicated it would review a proposed draft rule from those who feel such a rule is necessary.
The Commission agreed that the remaining issues in the memorandum would be considered by the Reporter and the Technology/Access Subcommittee.
The Commission felt that this Rule was sufficiently discussed at the previous meeting and that it was ready to be distributed for comment.
The Reporter explained that this draft of Rule 5.1 attempts to identify those lawyers in a firm who are "involved in management" in order to focus responsibility more clearly. He noted that in doing this, the draft moves away from the current position that all partners are responsible for firm activities. He asked the Commission which direction it would prefer. The Commission felt that the term "involved in management" was too amorphous. An observer who is a disciplinary counsel observed that he did not think the Rule was broken. He noted that while all partners are responsible, not every partner will be prosecuted. He felt that this area should be left to established practice. He added that the amendment to add law firm discipline was also not necessary. Another disciplinary counsel agreed that law firm discipline was not required from a prosecutor's standpoint. A member responded that law firm discipline seems to soften individual responsibility and should not be included.
A motion was made and seconded to return to the current Model Rule language on partner responsibility. The motion passed unanimously.
A motion was made and seconded to delete law firm discipline. A member suggested leaving law firm discipline in the Rule for discussion purposes. The Commission felt that it was better to flag the issue in the cover memorandum than to include it in the Rule. The motion passed.
The Reporter asked if the Commission approved of the new Comment . The Commission liked this discussion in the Comment rather than black letter. An observer felt that it should be clear that the list was just examples.
A member suggested a change in Comment  from "may suffice" to "ordinarily will suffice."
A member felt that the Comments should clarify that the supervisory lawyer has responsibility in connection with the matters subject to such supervision.
A member suggested that in Comment , line 34, the word "knowingly" be inserted before "misrepresented." He suggested that if the lawyer would not have a duty to correct under Rule 3.3, which would be the case if the misrepresentation was not "knowing," then the supervisor should not have a duty to correct.
The Reporter explained that the proposed change to Rule 5.2 is to eliminate paragraph (b). He stated that commentators and case law agree that young lawyers cannot pass the ethical buck. An observer suggested that disciplinary counsel will continue to allow young lawyers to rely on a supervisory lawyer's reasonable resolution of an arguable question of professional duty. A member felt that it was important to alert lawyers that not every issue is an arguable question. Some members noted that this paragraph is a source of comfort for young lawyers. The Commission voted unanimously to keep the paragraph in.
The Reporter indicated that the issues with respect to Rule 5.3 are the same as the issues for Rule 5.1. A member asked the Reporter to review the language in the introductory phrase of paragraph (c).
The Commission agreed that the Rules should be circulated for public comment after a final review by the Commission on the listserv.
The Reporter explained that this draft does not attempt to define the practice of law. He felt that the present Rule does a good job of identifying the two major issues: that lawyers should not practice where they are not licensed and lawyers should not assist others to do so. The only change proposed by the Reporter is to add a Comment relating to the first point.
A member advised the Commission that the Center for Professional Responsibility has a task force looking at multijurisdictional practice. The group plans to hold a symposium early next year to discuss issues and make recommendations. He added that this Rule does not do what is needed and that Comment  is not supported by the black letter. Another member felt that it was important to define what is not unauthorized practice when done by a lawyer. He added that the Rule should state in black letter the things a lawyer can do. He cited several categories: pro hoc vice; associating with local counsel; and house counsel. He added that a fourth category would explain the extent to which an out-of-state lawyer can engage in matters locally if the matter arises out of or is reasonably related to the lawyer's practice in his home state. He also observed that this Rule does not attempt to cover the unauthorized practice of law by non-lawyers and the Comment should so state. The Commission agreed that paragraph (a) of the Rule should be expanded along the lines suggested.
The Reporter noted that this Rule was adopted a few years ago and was somewhat controversial at the time. The current Rule provides that a lawyer is subject is discipline only where the lawyer is licensed, and the Rule limits the choice of law to the rules of the admitting jurisdiction in which the lawyer principally practices. The Reporter stated that the draft proposal is to extend disciplinary authority to jurisdictions where the lawyer is practicing even if the lawyer is not admitted there. A member noted that the language in this Rule should agree with Rule 5.5. An observer asked whether the term "judicial proceeding" meant in connection with litigation. A Reporter stated that once a proceeding is filed, the jurisdiction in which it is filed governs; prior to that there is a policy issue. A member voiced his opinion that it was not possible to provide any more guidance than this Rule currently gives. A member observed that advertising, especially on the Internet, is a major concern under this Rule. He suggested that there might be some special rules for advertising that could provide a safe harbor if advertising is only directed to a particular jurisdiction. The Reporters agreed to consider this suggestion.
A member asked if the lawyer could make a copy of a document under Rule 4.4(b). The Reporter responded that the Rule permits the lawyer to make a copy in the situation where the lawyer does not realize until after reading the document that it was mistakenly sent. She added that the Rule intends that the receiving lawyer give notice to the sending lawyer in that situation so that lawyer will have an opportunity to prevent the receiving lawyer from doing something with the document. A member observed that both lawyers should have the opportunity to seek a court order regarding the use of the document. He also felt that the term "other legal restraint" in Comment  was vague.
A member noted that Comment  and paragraph (b) must be consistent about the fact that this is a rule of intra-professional courtesy and does not apply if the document came from a nonlawyer. A member asked about documents sent intentionally by someone such as a disgruntled employee. The Reporter indicated that this Rule did not intend to address that issue. A member suggested that the Comment could indicate that this Rule does not address that type of situation.
A member thought that the idea that a lawyer also cannot go after information that is subject to the evidentiary privilege of another is lost in the Comment. Another member agreed that the concept should be in black letter but stated that the language in the Comment is preferable than the black letter language in the previous draft. He felt that the work product concept should be included.
An observer felt that the Comment should state that this Rule does not apply to junk mail. A member thought the Comment should clarify that the lawyer cannot seek information about privileged information from a person who does not hold the privilege.
A member suggested that the Rule be limited to providing notice to the sending lawyer. He added that the Comment could indicate that ethics opinions have gone further. He felt that any further permutations should be left to decisional law. Another member noted that the operation of this Rule is not affected by whether or not the document is privileged since this is a rule of professional courtesy. Another member asked if the Rule is intended to cover inadvertent disclosure of documents in discovery. He felt that was a bad idea because there are so many factors unique to the discovery process. The Reporter felt that if the first sentence of paragraph (b) is not retained the subject should not be addressed at all. The Chair suggested that the Reporter draft two alternatives for the Commission to consider.
An observer suggested that a rule on this subject is needed because ABA Ethics Opinion 92-368 was incorrect.
A motion was made and seconded to include the obligation to notify the sender in black letter and to address various responses in the Comment. A motion to amend that motion to provide that when the lawyer has advance notice that a document was inadvertently sent the lawyer must send the document back without reading it was defeated with only two votes. The main motion passed. A member felt it was important that the Rule provide a safe harbor for the lawyer who returns a document without reading it. The Chair appointed Geoff Hazard and Susan Martyn as a subcommittee to work on this Rule with the Reporters. The Commission agreed to try to resolve the issues on the listserv.
The Reporter informed the Commission that the Section on Intellectual Property Law has been requesting changes to the Model Rules to clarify that "lawyers acting as, or supervising investigators do not violate the Model Rules when using deception in order to obtain evidence of actionable legal violations." The concern is primarily for testers who pose as customers in unfair competition, fair housing and EEOC investigations. The Section proposed an addition to the Rule 4.1 Comment to the Standing Committee on Ethics, which in turn concluded that such additional language would not suffice because of Rule 8.4(c). The Ethics Committee has proposed to Ethics 2000 that Rule 8.4(c) should be amended by adding the language modifying "criminal act" in paragraph (b).
A member felt that this addition limits the Rule. Another member wondered if this change would limit disciplinary counsel. Another member remarked that the tester situation is just a special case of Rule 4.2 which would not be applicable if the lawyers were only advising the investigators rather than supervising them.
A motion was made and seconded to delete the addition to paragraph (c) with the suggestion that the idea could be covered in the Comment. Several members felt that the tester situation should be covered in Rule 4.1. Others suggested that it was awkward to suggest that certain kinds of deceit do not reflect badly. The motion passed.
A motion was made and seconded to delete Comment [1a] and to deal with the issue in the 4 series of rules. The Commission agreed that the tester issue should not be addressed in Rule 8.4. The Commission asked the Reporter to draft language for Rule 4.1 for consideration. The Commission also suggested that language be added to the Comment on Rule 8.4(a) to distinguish between improperly doing something through the act of another person and advising that person of acts that the person is lawfully entitled to undertake.
A member suggested that paragraphs (g) and (h) be combined and that the bracketed language in paragraph (g) be eliminated. The Commission discussed whether to propose this as a black letter rule or to leave it in the Comment. Several members felt that after the long history of attempting to add the Comment to this Rule it would be politically ill-advised to add this to black letter. Others felt that this was an important concept to include in black letter. A Reporter pointed out that prior iterations, including the Comment language, look at perceived state of mind while this proposal focuses on objective behavior. The Commission agreed that the two paragraphs [without the brackets in paragraph (g)] should be combined in black letter with supporting commentary. An observer noted that the California rule requires the exhaustion of all other remedies. The Commission felt that this should be left to the discretion of disciplinary counsel.
Chief Justice Veasey reported that he announced at the President's breakfast the Commission's intention to circulate a preliminary discussion draft in October 2000.
The Commission discussed the need to spread the word about its work and to encourage entities and individuals to provide comments. Members suggested continuing the hearings and continuing to provide information on the Internet. The Chair appointed a subcommittee to consider new ways to inform people about the Commission's work. The subcommittee members are Larry Fox, chair, Lucian Pera, and Susan Martyn.
The Commission decided that the deadline for comments for the next group of Rules that are distributed for comment will be approximately March 1, 2000 depending on how quickly the Rules are posted.
At the close of the meeting on Friday afternoon, the Commission recognized Robert O'Malley, the recipient of the 1999 Michael Franck Award for Professional Responsibility. The members of the Commission unanimously requested that the minutes reflect their congratulations on this well-deserved honor. Chief Justice Veasey thanked Mr. O'Malley for the enthusiastic and valuable assistance he has given the Commission. The Commission adjourned to attend the award presentation ceremony. .
The Commission's next meetings will be October 15 - 17 in Chicago and December 10 - 12 in Amelia Island, Florida.


Has FDA approved this cancer vaccine?
Today, to register the vaccine RESAN, it is necessary to conduct clinical trials for each type of tumors, against which the vaccine works. For example, in order to under go clinical trials of the vaccine against prostate cancer according to the standards of GCP, The Cancer Research Institute allots 450 000 $ for a 3 year- grant. That means, for holding clinical trials of vaccine in concern with breast cancer we need another 450 000 $, and for ovary cancer 450 000 $ more and so on for each other types of tumors.
Annually The Cancer Research Institute finances altogether 3 projects on clinical trials of anticancer vaccines. SRE RESAN did submit all the necessary documents to The Cancer Research Institute (681 Fifth Avenue New York, NY 10022-4209) for the grant of 15 April 2001 round to hold the clinical trials of vaccine RESAN. After 4 months the project was rejected with an explanation that CRI was in shortage of finance.
In fact, in spite of the excessive demands in the cancer treatment, the FDA has not approved any cancer vaccines for use as a standard treatment so far.
Can a single vaccine (RESAN) be effective against many different tumors?
In many people may arise the question: how could a single vaccine may be effective in such broad types of tumors? They think that usually one vaccine can work against only one type of disease. Such point of view is not always correct. For example, in 2000 the European Agency for the Evaluation of Medical Products – EMA has approved an administration of a new vaccine – Hexavac® elaborated by the company PASTEUR MERIEUX MSD. This combined vaccine is used for preventing a group of infections – diphtheria, tetanus, hooping-cough, poliomyelitis, hepatitis and hemophilic infection type b. In this way the vaccine works against 6 different infections and is released at a dose of 0.5 ml ready for injections.
Moreover, the immune system is capable to response against thousand different antigens at a time, therefore there is nothing supernatural that the vaccine RESAN helps to develop the immune answer against 40 different tumor antigens.
Would the NEW immunotherapy replace the traditional chemo or radiotherapy?
Today unfortunately the traditional methods- chemo and radiotherapy still dominate in the field of cancer treatment. But as time passes we move forward and the controversy between the supporters and opponents of the immunological aspects in the genesis and treatment of the malignant tumors is already out of subject for further discussion, as it was the dispute with rather narrow minded, conservative and bureaucratic opponents. What so ever, it is not meant that one should rush to a conclusion and immediately hand over all the former methods of cancer treatment into archive, on the other hand, it is absolutely not correct to convert them into an authoritative doctrines. Taking into account those numerous factors which define the successes in treatment and prevention of relapses of malignant tumors, it is absolutely fare to diametrically oppose, beforehand, the obvious out-of-date, palliative and little promising traditional medical programs turning into a standard harsh pattern scheme of modern cancer treatment.
Can the resan vaccine help stage 4 rhabdomyosarcoma?
- We are not propose RESAN immunotherapy as the method of monotherapy for cancer of stage 4, including rhabdomyosarcoma.
The indications for RESAN vaccine treatment are 1 and 2 grades of cancer, and if the total volume of the tumor tissue is not more that define size in dependence of tumor histology.
- CancerHelp UK dsribes the traditional (which are recommended by official medical institutions) rhabdomyosarcoma's methods of treatment. Naturally, in 2002 none of vaccines have been registered all over the world. So, the immunotherapy of tumors is not the topic of discussion with the authors of article - they do not understand the problem in general.
- RESAN company is not cooperating in 2002 and now with none of Mexican clinics. As we know, there were a number of clinics along northern Mexican border in 2002 , where the alternative methods of late cancer stages treatment have been administrated. It is forced practice, because the system of drug registration in FDA of USA is almost completely blockade the manufacturers from European and other countries in USA inner market. In fact it is possible to registered and market only the drugs which produced in USA mainly big affiliated with FDA companies.
- RESAN vaccine has not been tested in clinical trials in National Cancer Institute of the USA, - it is the statement of authors of the article. Yes. But the authors are not remembering that there are a number of such organizations in the world.
- In many people may arise the question: how could a single vaccine may be effective in such broad types of tumors? The authors do not understand that RESAN vaccine is fundamentally differ from auto vaccines which work against only one type of disease. So wide spectrum of RESAN action is caused by special composition of xenogeneic tumor antigen imitators, the detail mechanism of vaccine action has been described early. The actiion of vaccine is confirmed by clinical tests. The example of European combined vaccine with wide spectrum of action see here.
- We are wanted to underline once more that the article has been written in 2002 (first we have read the article just this time) and after that has been not revised. (Copyright Cancer Research UK 2002, Cancer Research UK Charity Number 1089464).


With the closure for 2 weeks I will be making changes to the last few homework files, namely Homework 5 to 8. As a consequence could you make sure you have the memory stick in their files when they come and I will update the work so it reflects where they are.
As before, I am only expecting homework 5 done this week and then 6 can be done either before or after Christmas holidays, whichever works best for you. The last two, numbers 7 and 8, are still designed for those who will be aiming for near maximum marks to get to Skinners and TOGS etc., so do not have to be done unless you choose to. They are harder and will stretch the brightest.


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Author: Lisa Scholin
Report on 2018 New Alcohol Research Symposium published
Just out – read the report of the 'Enlightened New Alcohol Research Symposium' organised by SHAAP and the Scottish Alcohol Research Network as part of the 8th Alcohol Policy Conference in Edinburgh, November 2018.
Author Lisa ScholinPosted on March 26, 2019 March 26, 2019 Categories Uncategorized
The second PhD student and Early Career Researcher Symposium held in Edinburgh
SHAAP and SARN were delighted to organise the second PhD student and Early Career Researcher Symposium on 19 November 2018. Following the success of the first symposium in 2016, the second one was organised as an official satellite event to the 8th European Alcohol Policy Conference (EAPC). The event was attended by PhD students, ECRs, academics and clinicians affiliated with SHAAP and SARN, and attendees of the 8EAPC.
© SARN/Malcolm Cochrane Photography
The Symposium, included presentations from PhD students and ECRs at various stages of their career, ranging from early on in the PhD process to those working as postdoctoral researchers. Six of the presenters were from Scotland, one from Ireland and one from Texas, USA. Topics ranged from marketing and young people, to alcohol use in pregnancy and reducing alcohol consumption in university students.
More information about this event will be made available in the New Year, when SHAAP will publish a report summarising the presentations and discussions that took place on the 19 of November. The report from the first Symposium is available here.
Presenters at the Symposium:
Ben Butterworth, Glasgow Caledonian University
Susan Calnan, University College Cork
Clare Sharp, University of Stirling
Nathan Critchlow, University of Stirling
Max G Griswold, RAND Corporation
Annie Taylor, Edinburgh Napier University
Author Lisa ScholinPosted on November 30, 2018 Categories Uncategorized
Edinburgh hosts European alcohol policy conference
On 20–21 November 2018, Scottish Health Action on Alcohol Problems (SHAAP) hosted the 8th European Alcohol Policy Conference (EAPC). The conference was attended by a variety of stakeholders in the field of alcohol policy from around Europe, including researchers, government officials, civil servants WHO representatives, recovery community groups, and people with lived experience. The conference not only addressed the key issues in the field of alcohol but also shared success stories of approaches that work.
The six themes of the conference were youth, justice, recovery, health, gender, and economics. There was a great deal of discussion between presenters and audience members during the two days and particularly important was the added value of the experiences shared by people in recovery. A short film made for the purpose of the conference made the very point that only by listening to people in recovery can we support people to access recovery services and sustaining recovery.
One key celebration of the conference was the Alcohol Policy Award, which was given to Estonia due to their progress in new alcohol control measures. In recent years, political support has led to implementing policies that address the WHO 'best buys', including tax increases, regulations of alcohol marketing, and restricting the availability to alcohol in shops. You can read more about the award here.
© SHAAP/Malcolm Cochrane Photography
Another key feature of the conference was the launch of the new Alcohol Framework, which was announced by the Minister for Public Health, Sport and Wellbeing Joe Fitzpatrick. The Framework sets out 20 actions to reduce consumption, change population attitudes and encourage positive choices, and supporting families and communities.
Whilst having a European Perspective, the Scottish contribution to the conference was prominent. Of note was that the Alcohol Policy Team at the Scottish Government was awarded recognition for their "outstanding contribution to NCD prevention and control", by WHO on behalf of the UN Interagency Task Force on the Prevention and Control of Noncommunicable Diseases (UNIATF). Furthermore, PhD student Annie Taylor from Edinburgh Napier University won prize for best poster at the 8EAPC for her poster on alcohol and pregnancy.
A report of the conference along with videos will be made available on SHAAP's website in due course.
Author Lisa ScholinPosted on November 30, 2018 Categories Alcohol Policy, Events
New Alcohol Framework launched
The Scottish Government launched the new Alcohol Framework, which sets out the aims for alcohol prevention, on 20 November 2018. The Framework was launched by the Minister for Public Health, Sport and Wellbeing, Joe Fitzpatrick, during the 8th European Alcohol Policy Conference, hosted by the Scottish Health Action on Alcohol Problems (SHAAP) along with Eurocare at the Royal College of Physicians Edinburgh. The Framework sets out 20 action areas for national alcohol prevention and is available here
All 'Alcohol Occasionals' briefing reports now available in one report
All briefing reports from the SHAAP/SARN 'Alcohol Occasionals' from 2013 to 2018 have been collated in one report. Download it here!

redpajama_set_name: RedPajamaCommonCrawl


text:
Minister Lebouthillier announces new Chair and Board Member of the Canada Revenue Agency's Board of Management
From: Canada Revenue Agency
The Honourable Diane Lebouthillier, Minister of National Revenue, today announced the appointment of Suzanne Gouin, MBA, ICD.D, to the Canada Revenue Agency (CRA) Board of Management as Chair.
August 25, 2017 - Ottawa, Ontario – Canada Revenue Agency
The Honourable Diane Lebouthillier, Minister of National Revenue, today announced the appointment of Suzanne Gouin, MBA, ICD.D, to the Canada Revenue Agency (CRA) Board of Management as Chair. Ms. Gouin was nominated by the Government of Canada, and has been appointed for a four-year term, effective August 29, 2017.
A graduate in Political Science from Concordia University, Ms. Gouin holds an MBA from the Richard Ivey School of Business at the University of Western Ontario. She is a graduate of the Institute of Corporate Directors' (ICD) Directors Education Program, and holds the ICD.D Designation.
Ms. Gouin is an accomplished media and telecommunications senior executive, and is the Chair of the Board of Le Printemps numérique (Montreal Digital Spring), a not-for-profit organization with a mission to promote creativity of the digital industry in Montreal. Additionally, she has been a member of the Board of Fonds numérique Bell (Bell Fund) since 2015, and has also served on the Board of Hydro Québec since 2008.
Minister Lebouthillier also announced the appointment of Stan Thompson, CPA, CA, to the CRA Board of Management. Mr. Thompson was nominated by the Yukon Territory, and has been appointed for a three-year term, effective August 29, 2017.
The CRA Board of Management is responsible for overseeing the organization and administration of the Agency, and the management of its resources, services, property, personnel, and contracts. The Board brings a forward-looking, strategic perspective to the CRA's operations, and fosters sound management and service delivery. The Minister of National Revenue retains full accountability to Parliament and to Canadian citizens for all CRA activities.
"Ms. Gouin is an exemplary leader who has excelled in the field of media and has been a formidable supporter of her community through her work on various boards. She brings a wealth of experience to the Canada Revenue Agency, and I am confident in the leadership she will bring to the CRA. I am also pleased to welcome Mr. Thompson, who I know will be a great contributor to the CRA's Board of Management."
The Hon. Diane Lebouthillier, Minister of National Revenue
These appointments are made in accordance with the Government's approach to Governor in Council appointments, which aims to have highly qualified appointees that are reflective of Canada's regional and linguistic diversity. Visit the Governor in Council appointments website for current and ongoing opportunities.
The Board of Management is comprised of 15 members, including the Chair, the Commissioner of the CRA, 11 directors nominated by the provinces and territories, and two directors nominated by the federal government. All members are appointed by the Governor in Council.
The Chair of the Board is appointed for a term of not more than five years, which may be renewed for one further term of not more than five years.
Canada Revenue Agency Act
CRA Board of Management
Summary of the Corporate Business Plan
Search for related information by keyword: EC Economics and Industry | Canada Revenue Agency | Canada | Taxes | general public | news releases | Hon. Diane Lebouthillier


President Clinton today asked the Congress for $914.3 million in emergency fiscal 1996 supplemental appropriations to provide relief to communities affected by recent natural disasters in the United States and the Virgin Islands, and $52 million to help thousands of people with AIDS live longer and fuller lives.
The devastating disasters include the severe winter flooding in the Pacific Northwest, the blizzard and subsequent flooding in the Northeast, and damaging hurricanes. This request includes $168.6 million for the Department of Agriculture; $165 million for the Corps of Engineers; $100 million for the Department of the Interior; $267 million for the Department of Transportation; $100 million for the Small Business Administration; $103.7 million for the Federal Emergency Management Agency; and $10 million for the Department of Commerce.
Included in today's transmittal to the Congress is a proposal that would increase by $52 million the 1996 budget request for Ryan White AIDS Treatment grants. These funds will be targeted to State AIDS drug assistance activities authorized under title II of the Ryan White Comprehensive AIDS Resources Emergency (CARE) Act of 1990 and used to purchase medications, including a new class of AIDS therapies called "protease inhibitors," some of which are beginning to be approved by the Food and Drug Administration (FDA).
The State AIDS drug assistance programs funded through the Ryan White grants are a lifeline for an estimated 55,000 people with AIDS who do not have prescription drug coverage or who cannot themselves afford the full regimen of costly AIDS medications that can prolong their lives. Unfortunately, the current funding levels for these programs cannot meet the additional demand these and other new drugs may create. Without additional funding above the 1996 request, thousands of people with AIDS could be denied the medications they need.
This request reflects the success of the Administration's AIDS research effort. Through unprecedented collaboration between the National Institutes of Health and the pharmaceutical industry, new AIDS drugs are being developed -- and they are being approved by the FDA in record time. Additional promising new treatments may become available in the next few months.
While these medications hold promise for extending the lives of people with AIDS, many are costly. This amendment will help make them available to people who otherwise could not afford them. We hope the Congress will join the Administration in recognizing that we should make available the fruits of our research success to those living with HIV and AIDS.
In addition, other nonemergency requests for fiscal year 1996 were submitted for the Departments of Agriculture, Energy, Transportation, and Veterans Affairs; the Office of National Drug Control Policy; and the Panama Canal Commission.


Honigman Miller Schwartz and Cohn LLP represented Sunshine Heart, Inc. (Nasdaq: SSH), a Minneapolis-based global medical technology company, in its public offering of 3,810,000 shares of its common stock with a 30-day option for the underwriters to purchase up to an additional 15 percent of the shares of common stock offered in the public offering solely to cover over-allotments, if any. The offering closed today.
Phillip D. Torrence, a partner in the firm's Corporate Department and leader of its Corporate and Securities and Financial Institutions Practice Groups, was the lead attorney advising on this offering. He was assisted by Honigman attorneys Melanie Van Antwerp, Justin Crawford and Jeff Kuras.
Piper Jaffray & Co. and Cowen and Company, LLC acted as joint book-running managers and Lazard Capital Markets LLC acted as co-lead manager for the offering. Craig-Hallum Capital Group and Northland Securities, Inc. acted as co-managers for the offering.
Sunshine Heart, Inc. (Nasdaq: SSH) is a medical device company focused on developing, manufacturing and commercializing the C-Pulse System for treatment of Class III and ambulatory Class IV heart failure. Sunshine Heart has completed an approved U.S. Food and Drug Administration (FDA) feasibility clinical trial of the C-Pulse System and presented the results in November 2011. In March 2012, the FDA notified the Company that it could move forward with an investigational device exemption (IDE) application. Sunshine Heart received unconditional approval from the FDA in November 2012 to initiate its pivotal trial. In July 2012 Sunshine Heart received CE Mark approval for its C-Pulse System in Europe. Sunshine Heart is a Delaware corporation headquartered in Minneapolis with a wholly owned subsidiary in Australia. The Company has been listed on the NASDAQ Capital Market since February 2012.


Online Motorbike Radiators - Hi Tech Motorcycle Radiators Brisbane Melbourne Australia for Road Bikes, Off Road Bikes, Trial Bikes, Farm Bikes, Singles, Quads and performance motorcycles.
Motor bike radiators Brisbane Queensland, Ph: 07 3277 7087 166 Boniface St Archerfield Brisbane.
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Hi Tech Motorcycle Radiator specialists.
We can competently carry out all repairs and maintenance for all makes of motorbikes.
We cover Road Bikes, Off Road Bikes, Trial Bikes, Farm Bikes, Singles, Quads and performance motorcycles.
Australia's hot climate increases the average engine temperature causing accelerated wear and tear on your dirt bike engine.
We can supply the perfect addition to your performance bred race bike or hard working trail bike. These hand built TIG welded alloy radiators are designed for high demand engines.
Enhanced Cooling Our radiators run cooler engine temperatures due to their highly efficient 40 mm core or high density core. In addition, the larger core allows for increased coolant flow which puts less strain on the water pump. The results: less friction on the water pumps' components, a longer life and added horsepower.
Lighter and Stronger. These factory style radiators are lighter and tougher than original manufacture items. Easy Fit. No modifications or aftermarket hose kits are needed to fit the radiators.
They are a direct-fit replacement item. High Quality. The radiators are finished with a billet alloy filler neck and a high polish. Every cap side radiator includes a suitable radiator cap.
Hand built alloy radiators hand made quality finish.
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Motocross, Enduro, ATV, Racing, Trial Riding..
Hi tech Radiators can repair your Motor Bike radiators saving you $$$ on new replacements.
Ducati 851 Radiator with damaged header tank filler replaced with alloy unit.


text:
import setuptools

setuptools.setup(
    name='milight-controller',
    version='1.0.1',
    description='Controller for MiLight RGB lights',
    long_description='See GitHub for extra info: https://github.com/jdah/milight-controller',
    url='https://github.com/jdah/milight-controller',
    author='jdah',
    author_email='jh@jhenriksen.net',
    license='MIT',
    classifiers=[
        'Development Status :: 5 - Production/Stable',
        'Intended Audience :: Developers',
        'License :: OSI Approved :: MIT License',
        'Topic :: Home Automation',
        'Programming Language :: Python :: 3',
        'Programming Language :: Python :: 3.2',
        'Programming Language :: Python :: 3.3',
        'Programming Language :: Python :: 3.4',
        'Programming Language :: Python :: 3.5'
    ],
    keywords='milight wifi led',
    packages=["milight_controller"],
    install_requires=[]
)


Subscribe before 24 June to make sure you don't miss net's freelance issue – complete with free 37-page prototyping ebook.
net magazine's summer (270) issue – on sale from 9 July – is a freelance special, full of essential tips and advice on how to go it alone. Discover the pros and cons of freelance life, tips for landing the big clients, how to set up your own agency and much more.
Plus, there's 10 easy steps for creating better hybrid apps, six ways to react to and control screen orientation changes in HTML5, and present the beginners' guide to Git.
There's also a free digital copy of the complete 37-page mobile prototyping chapter of Rachel Hinman's The Mobile Frontier – A Guide for Designing Mobile Experiences, courtesy of Rosenfeld Media.
But you need to be quick: 24 June is your last chance to subscribe, saving up to 60 per cent, and guarantee your copy of issue 270. Enjoy the interactive features in our digital edition, available on Apple or Android, get your issues delivered to your door with our print edition or get the best of both worlds with our print and digital bundle!


There are 8 posts tagged COP20 Lima (this is page 1 of 1).
Not much happened in Lima during this year's UN climate negotiations. The fact that only a "Call for Climate Action" came out of Lima amounts to an admission that despite nearly 20 years these annual UN climate meetings, nothing has been agreed that will come close to addressing climate change.
REDD-Monitor's occasional series, Carbonballs usually features the howlers made by con artists selling carbon credits as investments. Today's post features Al Gore, Former Vice President of the USA, the man who insisted on carbon trading as part of the Kyoto Protocol, back in 1997.
The usual power politics have kicked in at the UN climate negotiations. Several days of friendly chats at COP20 in Lima saw little progress but no really big arguments. Then on Thursday morning, 11 December 2014, G77 and China asked for a halt to the discussions.
On Monday, 8 December 2014, at 6.30 am in Lima, the UNFCCC released two draft negotiating texts – "Elements for a draft negotiating text" and "Draft text v1". These are the first drafts of texts that the UNFCCC hopes to negotiate into a protocol at COP21 in Paris in one year's time.
At the end of last week, just before the start of this year's United Nations climate negotiations (COP20) in Lima, Peru, World Rainforest Movement and other signatories put out a call to action "to reject REDD+ and extractive industries to confront capitalism and defend life and territories".


Garifuna Radio continues despite attacks.
On the twelth anniversary of the massacre in Acteal, a small village in the Mexican state of Chiapas, a memorial was held on December 22, 2009 to commemorate the murders, which still have not been punished.
by Toufic Haddad In the Gaza Strip graffiti is not only tolerated but encouraged For years, law enforcement agencies throughout the world have engaged in local crusades against what they regard as the scourge of graffiti.
Barcelona has several small television stations in different neighborhoods.
radio Victoria is being threatened by para militaries.


text:
cask 'font-italianno' do
  version :latest
  sha256 :no_check

  # github.com/google/fonts was verified as official when first introduced to the cask
  url 'https://github.com/google/fonts/raw/master/ofl/italianno/Italianno-Regular.ttf'
  name 'Italianno'
  homepage 'https://www.google.com/fonts/specimen/Italianno'

  font 'Italianno-Regular.ttf'
end