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Topic: Dual representation


In the News (Fri 27 Nov 09)

  
  USB EAOC Opinion 96-11
Finally, counsel's continued representation of the mother is also prohibited under Rule 1.9, which prohibits counsel from representing another person in the same or a related matter when such person's interests are materially adverse to the interests of a former client, unless the former client consents after consultation.
Under Rule 1.9, even if counsel withdraws from representation of the father, counsel will be precluded from a continuing representation of the mother because the proceeding is the same matter in which he represented the father, and the father has not consented to the continued representation of the mother.
It is common practice for counsel, prior to commencing representation of two or more parties in the same matter, to disclose the implications of common representation and obtain consent to continue representation in the event of a future conflict.
www.utahbar.org /rules_ops_pols/ethics_opinions/op_96_11.html   (711 words)

  
  Representation theory of finite groups - Wikipedia, the free encyclopedia
In mathematics, representation theory is a technique for analyzing abstract groups in terms of groups of linear transformations.
According to Schur's lemma, a non-zero morphism between two irreducible complex representations is invertible, and moreover, is given in matrix form as a scalar multiple of the identity matrix.
The dual representation of C[G] as a G×G-representation is equivalent to C[G].
en.wikipedia.org /wiki/Representation_theory_of_finite_groups   (1851 words)

  
 [No title]   (Site not responding. Last check: 2007-11-04)
THE DUAL REPRESENTATION DILEMMA The goals of the college or university and the foreign national faculty member, in the context of most immigration issues, are identical: obtain and maintain legal employment-authorization status for the faculty member while employed by the college or university.
Whether this dual representation has been established depends, to a large extent, on the circumstances of the particular case and whether such dual representation is desirable seems to be a contentious issue among immigration practitioners.
Dual representation of the college or university and the foreign national faculty member has the potential for conflicts that should and can be managed, particularly for the in-house college or university attorney.
www.nacua.org /nacualert/memberversion/PERM/mclellan.doc   (3988 words)

  
 Dual representation - Wikipedia, the free encyclopedia
The dual representation is also known as the contragredient representation.
Unfortunately, a general ring module does not admit a dual representation.
For a unitary representation, the conjugate representation and the dual representation coincides.
en.wikipedia.org /wiki/Dual_representation   (186 words)

  
 BuyMyself - Rawlins, IRED
For the purposes of this interview guide the term "dual agency" refers to the practice by a brokerage company of "representing" both the buyer and the seller in the same transaction regardless of what the dual representation practice may actually be called in any particular state or brokerage office.
Dual agency means the dual representation of the parties to a real estate transaction by the real estate brokerage company.
Dual representation cannot provide the buyer or seller the highest in broker duties because the broker has loyalties to both that are in conflict.
www.ired.com /buymyself/agency/daqa.htm   (1300 words)

  
 USB EAOC Opinion 116
Dual representation is promoted as a way to facilitate the court's disposition of uncontested divorces.
The final reason advanced in favor of dual representation is that the parties should be allowed to waive their right to separate representation.
A lawyer shall not represent a client if the representation of that client will be directly adverse to another client, unless: (1) the lawyer reasonably believes the representation will not adversely affect the relationship with the other client; and (2) each client consists after consultation.
www.utahbar.org /rules_ops_pols/ethics_opinions/op_116.html   (2475 words)

  
 Boise and Eagle Idaho Real Estate - Randy and Gina Gridley - Keller Williams Real Estate
Dual agents may try to convince a buyer that the service being offered is equal to that of an buyer broker or buyer agent.
If dual agency is fully disclosed to the buyer and seller-clients alike and they have given their informed consent at the time required by state law, the risks of a law suit, against the broker is greatly reduced.
A very important aspect of consensual dual agency is the fact that the duty of loyalty is modified or limited according to the terms of a dual agency agreement.
www.randygridley.com /dual_agency_in_idaho.html   (1067 words)

  
 Bench & Bar of Minnesota
The Court determined that, in the absence of informed consent by the insured to dual representation, the insured is the sole client of insurer-retained defense counsel.
The test is: "Would a disinterested lawyer conclude that a client should not agree to the representation under the circumstances?" If a disinterested lawyer would counsel a client against dual representation, then the attorney may not represent both clients, and may not even ask for the consent of the client.
On closer analysis, however, dual representation may not be necessary to preserve the confidentiality of communications between the insurer and defense counsel.
www2.mnbar.org /benchandbar/2002/dec02/dual-representation.htm   (3069 words)

  
 [No title]
Dual agents may try to convince a buyer that the service being offered is equal to that of an buyer broker or buyer agent.
The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship, the buyer and seller are giving up their right to undivided loyalty.
If dual agency is fully disclosed to the buyer and seller-clients alike and they have given their informed consent at the time required by state law, the risks of a law suit, against the broker is greatly reduced.
www.georgiavreeland.com /agency.html   (1226 words)

  
 DC Bar Legal Ethics Opinion 269
Such dual representation could only be accomplished, then, with the consent of both clients, "after full disclosure of the existence and nature of the possible conflict and the possible adverse consequences of such representation.
It would not be impermissible for the lawyer in such a dual representation to seek the consent of one of the clients to continue representation of the other client in the event of an actual adversity under Rule 1.7(a) that requires termination of the dual representation.
Thus, in judging whether one representation is "likely" to affect adversely another representation, the lawyer must look at the proposed dual representation from both an objective perspective and from the perspective of the potentially affected client’s reasonable expectation of loyalty.
www.nacua.org /documents/dc_bar_opinion269.html   (2563 words)

  
 Unified data type system and method - Patent 6738968
This dual representation can also be extended to user-defined types, so that user-defined types may exist both as an unboxed value type and as an object within the object hierarchy of the type system.
In addition to the dual representation of data types, another aspect of the invention allows for the application of rules to determine when to use the boxed representation and when to use the value type (or unboxed) representation of a data type.
This dual representation can also be extended to user-defined types, so that user-defined types may exist both as an unboxed value type and as an object (i.e., boxed value type) within the object hierarchy of the type system.
www.freepatentsonline.com /6738968.html   (10628 words)

  
 Ethics Opinion 68: Conflicts of Interest: Propriety of Multiple Representation, 04/20/85 - Ethics Committee - Colorado ...   (Site not responding. Last check: 2007-11-04)
Thus, in divorce mediation, the situation is different from dual representation because, in one sense, the mediator represents neither of the parties.
The representation by a lawyer of both the buyer and the seller in a business transaction has been characterized as one of the clearest cases of improper representation of conflicting interests.
Representation of a partnership in the drafting of the partnership agreement involves numerous potential conflicts of interest which attorneys often overlook.
www.cobar.org /group/display.cfm?GenID=1789   (3058 words)

  
 Ethics Opinon 1978-11, San Diego County Bar Association
No case has been found involving dual representation where a stockholder of a corporate client is a defendant in a case where the attorney for the corporation represents the plaintiff.
Moreover, the lawyer should avoid representation of a party in a suit against a client or former client, where there may be the appearance of a conflict of interest or a possible violation of confidence, even though this not be true in fact.
X lawsuit apparently is using as leverage to attempt to force the attorney to withdraw from representation of Y. This would appear to raise the appearance of improper conduct which ought to be avoided.
www.sdcba.org /ethics/ethicsopinion78-11.html   (1248 words)

  
 DISA:Press Release   (Site not responding. Last check: 2007-11-04)
As much as 86% of the members responding to the survey explain that dual representation should not be supported via various distribution channels.
Dual representation is defined within the industry as the listing and selling a single hotel property under multiple property codes, multiple chain codes and/or multiple hotel associates within a single distribution channel.
HEDNA members believe that dual representation, while it may provide for some increases in distribution for unique product offerings, such as boutique hotel, creates confusion among consumers and only serves to weaken brand awareness.
www.disa.org /apps/pr/prdoc.cfm?Name=587   (430 words)

  
 DUAL Cognitive Architecture
DUAL is a general-purpose cognitive architecture that comprises a unified description of mental representation, memory structures, and processing mechanisms.
The author of DUAL is Boicho Kokinov and it is being developed at the Central and Eastern European Center for Cognitive Science at New Bulgarian University.
DUAL provides special mechanisms, the most important of which is spreading activation, for effectively determining which agents (and coalitions) are relevant to the particular task and context.
www.nbu.bg /cogs/personal/kokinov/dual_i.html   (2962 words)

  
 SENATE BILL NO. 1240 - Real estate brokerage/relationships
dual agent does not have a duty of undivided loy- 24 alty to either buyer/client or seller/client, and by consenting to limited 25 dual agency, the buyer and seller agree to those limitations.
dual agency representation shall be 55 sufficient informed legal consent to dual representation under this act.
A 7 1 consent by the buyer and seller to possible dual representation in the future, 2 such as may be contained in a written marketing or representation agreement 3 between a brokerage and client, shall also be considered effective and 4 informed legal consent to dual representation.
www3.state.id.us /oasis/2004/S1240.html   (2318 words)

  
 Oklahoma Bar Association
This inquiry concerns the propriety of an attorney’s representation of other parties to a related bond transaction, beyond the basic scope of bond counsel representation, which typically would be circumscribed by sole representation of the State Agency acting to authorize borrowing from the revolving fund.
Undertaking dual or multiple representation in a bond transaction is both more extensive and more problematic than what the legal community and public would understand to be the duties of bond counsel, and thus merits this ethical review.
When representation of multiple clients in a single matter is undertaken, the consultation shall include explanation of the implications of the common representation and the advantages and risks involved.
www.okbar.org /news/news07/ethicsopinion.htm   (1908 words)

  
 Conflict Waiver -- Dual Representation by Same Firm
USE NOTE:  Dual representation should be discouraged and agreed to by the firm only as an accommodation to clients in unusual situations.
Simultaneous representation of parties with adverse interests by attorneys in the same law firm involves a number of departures from professional norms, and should not be undertaken by any such party without careful consideration.
We will be pleased to answer any questions you may have concerning this representation or this requested consent.
eric_goldman.tripod.com /ethics/dualrepwaiver.htm   (806 words)

  
 Realty Times - Agent News and Advice
Dual agency comes with many pitfalls and potential risks that real estate licensees need to realize before considering representing both parties to a transaction.
Dual agency rules can be applied at the broker's level or at the salesman's level.
Some brokerage firms put dual agency consent language in their standard representation agreements so that they “automatically” get the consent of the parties to dual agency.
realtytimes.com /rtapages/20050208_dualagency.htm   (1037 words)

  
 Dual Representation and anti-particles Text - Physics Forums Library   (Site not responding. Last check: 2007-11-04)
If you take a look at \mathcal{SU}(3) and its triplet and dual triplet irreps, you will find that the quantum numbers of the dual are complementary to the quantum numbers of the regular representation.
SU(3) has a dual, but the dual to SU(2) is equal to the ordinary rep.
09-21-2005, 01:44 PM Even though the representations are equivalent, the weights, i.e., quantum numbers, for the representations have different signs, and hence the connection between particles and antiparticles.
www.physicsforums.com /archive/index.php/t-89846.html   (996 words)

  
 [No title]
Dual representation provides for litigation strategies that would not otherwise be available.
Before an attorney agrees to joint representation, he or she should require that all clients involved in that representation sign an agreement governing the disclosure of confidential information.
In dual representation, it is possible to assert the joint defense privilege.
www.bna.com /bnabooks/ababna/ethics/2002/savage.doc   (2369 words)

  
 Spatial Automation Laboratory   (Site not responding. Last check: 2007-11-04)
Dual representation systems rely on a parametric model to create and to manipulate the boundary representation of a solid.
Parametric and boundary representations remain consistent if they continue to model the same solid, after updates applied to the parametric model and/or to the boundary representation.
We consider the problem of verifying the consistency between the boundary representation and the CSG representation which is a restricted case of parametric representation.
sal-cnc.me.wisc.edu /publications/ibcsg.html   (210 words)

  
 DualAgent101 - (Dual Representation) - Real Estate   (Site not responding. Last check: 2007-11-04)
The industry has been struggling with this one for a few years now because of the "Dual" fiduciary duties implications and for all intents and purposes it is seemingly semi-effective provided the fine line of Agency is walked with integrity.
Dual agency also occurs when different salespeople represent buyer and seller, and are employed by the same brokerage, including those who work in different branch offices.
The brokerage or its representatives must advise the seller and the buyer of the dual aspect of representation and must be impartial when representing both parties.
maxpages.com /realestate101/DualAgent101 - !http://maxpages.com/realestate101/DualAgent101   (723 words)

  
 Exploring Tekkotsu Programming on the Sony AIBO
Internal functions handle all storage allocation and reference counting chores, and the usual arithmetic and logical operators are overloaded to operate on sketches in an intuitive way.
Paivio argued that people use both kinds of representations, and when necessary, convert between one and the other.
Paivio, A, (1986) Mental Representations: A Dual-Coding Approach.
www.cs.cmu.edu /~dst/Tekkotsu/Tutorial/vr-intro.shtml   (438 words)

  
 Internal Revenue Manual - 25.5.5 Summons for Taxpayer Records and Testimony
Dual representation exists when a summoned third-party witness is represented by an attorney, certified public accountant, enrolled agent, or other person who also represents the taxpayer or another interested party.
When dual representation is not allowed, continue the summons appearance date to allow time for a resolution of the matter if the attorney witness refuses to testify or produce documents.
However, where an attorney’s representation has substantially prejudiced the questioning of a third-party witness and, as a result, has significantly impaired the progress of the investigation, the Service will request the Department of Justice to seek a court order, as part of the summons enforcement proceeding, to disqualify that attorney as counsel for that witness.
www.irs.gov /irm/part25/ch05s05.html   (4777 words)

  
 Docs 332-390
Dual Representation will give us a legal hook at the UN for our defense treaty with Taiwan, which otherwise is subject to plausible interpretation, if the PRC becomes the only Chinese representative, as interference in Chinese domestic affairs.
Even if Dual Representation were passed, it is not certain how long majority support could be retained for it in the face of Peking’s refusal to enter the UN on that basis.
This would have the effect that dual representation would win, the Communist Chinese will not come in, but only because they would be trying to impose their own terms on the UN, and we would have a hedge against the expulsion of Taiwan.
www.state.gov /r/pa/ho/frus/nixon/v/42666.htm   (20493 words)

  
 Nassau County Bar Association   (Site not responding. Last check: 2007-11-04)
Conflict of interest in dual representation of two defendants, an employer and me of its employees, in a civil proceeding, where, by agreement between them, the employer hall be solely responsible for payment of legal fees and the employee shall be....
Inquiring attorney seeks a determination as to whether the dual representation of re two defendants will present a conflict of interest where XYZ Company will be solely responsible for payment of legal fees, while Ms.
For example, if the situation is such that the employee's interest might be advanced by his or her disclosure of certain conduct of the employer, then the interests of the parties differ too significantly for dual representation to be permitted.
www.nassaubar.org /ethic_opinions_details.cfm?OpinionID=83   (1515 words)

  
 Dual Coding, Context Availability,
However, the underlying nature of the representations for the two word types and the processes that operate on these representations do not differ according to this account.
The observation that the N400s were equally small for congruent sentences fits with the fact that the concrete and abstract sentence stems were matched to produce equivalent levels of contextual support.
Although the different scalp distributions of the N400 for concrete and abstract words appear to be most consistent with a dual-coding type of account of semantic memory representation, the current data do not conclusively specify the nature of the differential processes or representations for the two word types.
neurocog.psy.tufts.edu /papers/DualCoding.htm   (9840 words)

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