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#so its not just that is unethical and against professional codes of conduct
marcusplante · 2 months
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Marcus Plante
1. What trends are happening in the industry? What are two current cases related to social media ethics? Outline the current code of ethics for social media by a professional organization you would be interested in joining as part of their social media staff.
Trends in the Industry:
More transparency is being stressed and utilized due to past issues.
People are becoming more cautious with security and data.
There are new guidelines being put in place on certain social media outlets as well as being revoked from others.
Two Current Cases Related to Social Media Ethics:
Language in Comment Sections:
Case Example: Platforms like Instagram are now using AI and working moderators to filter out hate speech and “harmful” language.
Ethical Consideration: Keeping freedom of speech while trying keep a safe environment for the users.
Posting of Unethical Content:
Case Example: Swirling controversy about the potential spread of misinformation and fake news on Facebook.
Ethical Consideration: The platform should do a better job of filtering out harmful and blatantly false information which may defame a group of people or an organization.
Current Code of Ethics for Social Media by a Professional Organization (The NBA):
The NBA does a good job of currently keeping a code of ethics. They fine players and or staff who use harmful language or gestures on live television and hold their players and staff to a high standard off the court. The NBA does a good job of keeping a good aura around the Association and a healthy one which leads towards growth and fun for all.  
2. Brands/professionals with strong social media ethical codes: what brands are utilizing proper social media ethical practices? Are there any professionals that you feel practice strong ethical behavior on social media? Support your choice with evidence. What are some takeaways you can bring forth in your own practices?
Brands/Professionals with Strong Social Media Ethical Codes
Brands Utilizing Proper Social Media Ethical Practices:
Example: Patagonia does a good job of promoting environmental activism and they even show their supply chain processes to ensure ethical standards.
Evidence: Patagonia's commitment to holding these ethical standards to set the bar for other companies is documented across its social media channels.
Professionals Practicing Strong Ethical Behavior:
Example: Mr. Beast (Jimmy Donaldson) is mostly famous for his wild videos but he does just as much for Philanthropy helping in so many different facets. He’s not only a content creator but an entrepreneur as well who uses almost all the money he makes to make a positive impact on communities and fund his videos so he can continue to make an impact through Philanthropy.
Evidence: Mr. Beast's approach to using his social media influence for positive change is shown in many of his projects for example. He has started campaigns like #TeamTrees, where he collaborated with the Arbor Day Foundation to plant 20 million trees throughout the world. His YouTube content for the most part includes videos where he donates large amounts of money to people, charities, or communities in need, which just encourages his culture of generosity. 
Takeaways for Own Practices:
How important transparency is and with the audience and users as well as the consideration of the users needs
The role of social media and how it's possible to use it as a force for change. It is more powerful and can reach larger audiences than I thought.
3. Key concepts and issues: what main concepts are necessary to adhere to for your own personal conduct online?What to do and what not to do: what main concepts do you feel strongly against and want to make sure you avoid on social media?
Key Concepts and Issues for my personal conduct online
Authenticity: Being genuine and honest through my online interactions.
Responsibility: Understanding the impact of my posts and how they can affect others.
Privacy: Being careful with the content I post and the information I share.
Integrity: Keeping an ethical position which protects users and followers.
4. What to do and what not to do: what main concepts do you feel strongly against and want to make sure you avoid on social media?
Do:
It's important to engage with your audience and adhere to their voices and requests while still staying true to the moral integrity of your page and or sight.
Make sure that the information your sharing has evidence or backup to support the claim.
Do Not:
Comment or post hateful or false information. 
Feed into harmful comments or start fights in comment sections.
5. Bullet point 5-10 core concepts that you will follow as a practicing social media professional. Include citations that you used for sources/supports for this.
Bullet point 5-10 core concepts that you will follow as a practicing social media professional.
Listen to the audience and take into account their complaints/desires: T, T. (2023, August 22). Audience analysis in public speaking: Knowing your audience. Icebreaker Speech. https://icebreakerspeech.com/audience-analysis/ 
Create a clean and safe space for viewers and users: Bertrand, J. (2023, March 27). Creating safe spaces on social media platforms introduction. LinkedIn. https://www.linkedin.com/pulse/creating-safe-spaces-social-media-platforms-jonathan-bertrand 
Respect free speech on the platform or website: York, J. C. (2021, January 10). Users, not tech executives, should decide what constitutes free speech online. MIT Technology Review.https://www.technologyreview.com/2021/01/09/1015977/who-decides-free-speech-online/
Advertise and campaign firstly for charities and or non profits, although it may not be profitable it is ethical and makes your intentions clear: “Nonprofit Impact in Communities.” National Council of Nonprofits, www.councilofnonprofits.org/about-americas-nonprofits/nonprofit-impact-communities. Accessed 24 Mar. 2024. 
Post engaging content to facilitate growth while still spreading a good message:Hopper, Teah. “Why Posting Consistently Matters on Social Media.” Teah Hopper Consulting, Teah Hopper Consulting, 22 Mar. 2021, www.teahhopper.com/blog/2018/11/15/why-posting-consistently-matters-on-social-media. 
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darylharley · 1 year
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Blog # 3
Daryl Harley 
Prof Susi  
Comm – 1400 – 600 
25 March 2023 
Blog 3  
Two trends in the industry right now consist of cancel culture and endorsements. On one hand cancel culture is what people turn to when someone has done something on social media, or had done something and the story made its way social media, and the community collectively “cancels” this person and their brand or whatever it is that they do. On the other hand, there is a lot of endorsements going on throughout social media, with a lot of famous celebrities and influencers being the face of most of it.  
One current case related to social media ethics would be the case of NBA superstar Ja Morant of the Memphis Grizzles. In this case Ja was on Instagram live flashing a gun on camera and was suspended from the team for several games. This act went against not only the Memphis Grizzlies social media ethics, but the entire NBA. Another case of social media ethics would be Kanye West, who just recently lost his deal with Adidas after publicly spreading anti-semitic views and ideas through his twitter Account. 
The ethics for social media I have chosen to speak about is the social media ethics of the NBA. According to NBA.com the basics of their codes of ethics is to conduct business in the most responsible and ethical manner possible. Holding all suppliers, patterners and members of the league to the highest ethical standards possible. 
One brand that comes to mind, when thinking about strong social media ethics would be YouTube. In my experience they are very strict with following their code of ethics, if they feel their code has been breached they are quick to take down any post and/or remove the user from their platform. 
Beyonce is a professional I see on social media that I would say practices strong ethical behavior. She is someone who turns to social media to promote her brand and her artists, and uses her social media platforms to speak on social justices and supports cause that she and hre husband believe in. She does not have a history of using social media inappropriately. For example, on her Instagram page you can find her promoting her brand with a link to her online store in her bio, and her posts consisting of her collaborating with other brands and/or creating content to engage with her audience.  
What I can take away from this would be to not post or engage with any post or users who promote unethical behavior through social media. If I worked for YouTube and someone was not following the codes of ethics, I would work to take down their post and possibly suspend them from the platform. So, on my own I could block or remove these kinds of users from me feed and work to keep unethical behaviors away from my page. 
For my own personal conduct online, I think I should adhere to the concepts of authenticity and responsibility for what I create. Being origanl and being true to what I create and share online. With this in mind I would also refer back to what I previously said about avoiding the users online who go against what I think is ethical or what the sociela media platform might find unethical. 
Concepts that I would avoid would be manipulation and bullying. I strongly disagree with these behaviors and stay away from them, and do not prectice them on my perosnal social media accounts. I disagree with the idea of manipulating your audience with a promise of a donation or using tricks to create a false view of who you are. And the idea of bullying is never OK, not even on social media and staying away from these concepts is something that I believe would make a stronger presence in a way that is more respectable. 
Concepts that I will follow as a practicing social media professional 
Integrity - “Being straightforward, honest and truthful in all professional and business relationships.” 
Objectivity - “Not allowing bias, conflict of interest or the influence of other people to override your professional judgment” 
Professional competence - “An ongoing commitment to your level of professional knowledge and skill” 
Authenticity – “values that represent your organization offline need to be present online as well” ... “being true to yourself and your brand” 
Professional behavior - “avoid any action that could negatively affect the reputation of the profession” 
https://www.instagram.com/beyonce/
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newtshirtcom · 4 years
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marymosley · 4 years
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Some Washington State Sheriffs Begin Refusing To Enforce Gov. Inslee’s Lockdown Orders
By Darren Smith, Weekend Contributor
To date, three county sheriffs in Washington State broke ranks and announced they will not enforce some of Governor Inslee’s executive orders relating to his several, and increasingly frequent lockdown orders–proclaimed under the auspices of state of emergency declarations to the COVID-19 situation. The dominant subject of dissent among these law enforcement officials centers around what are regarded as unconstitutional intrusions by the governor enacted against the citizens of their respective counties and the inconsistency of regulations applied unequally by the state.
It is my belief that unless a strong reversal of Governor Inslee’s resolve to remain steadfast in his prosecution of ordinary Washingtonians is not fielded soon, the “insubordination” as he claims will only grow and serve to weaken his position, adding spark to a movement against him and his office if it continues in its present form for months.
The time has come for the governor to put his ego aside. For if he chooses to adversarily engage these sheriffs and others who will come to join them he will lose in the courts of public opinion of these various counties.
For those unfamiliar with the make up of Washington State’s law enforcement structure I will provide a very rudimentary primer for the purpose of brevity. The state is subdivided into thirty-nine counties, all of which presently have an elected sheriff. Under RCW 36.28.010 “The sheriff is the chief executive officer and conservator of the peace of the county. In the execution of his or her office…”  The sheriff is not generally an appointed position, as is the Chief of the Washington State Patrol, who is appointed by the governor and city chiefs of police by their respective mayors or councils. Sheriffs serve both the civil process and criminal departments, act as agents of the district and superior courts and in most cases maintain the county’s jails. They are also tasked by statute with serving public health directives and orders of the county health department. They are not subordinate to the purview of the office of the governor. As elected officials, their realm is largely separated from that of the county commissioners. Unless there  might be in the case of a home rule type of charter of a small town, (which I have not ever heard of such a case) they are the only elected general authority law enforcement officers of the state–and are generally answerable to the voters of their county. In a review of the various applicable Revised Codes of Washington I was unable in fact to locate any provision granting the office of the governor any authority to modify or preempt the duties of any sheriff in the state acting under the duties of their office as tempered by the state and federal constitutions. The governor may direct the State Patrol, the Washington State Guard, and the Washington National Guard, but he does not control the thirty-nine sheriffs.
Statutory provisions notwithstanding, there remains an unquestionable social matter relating to the office of Sheriff in the state’s counties, especially those of Eastern Washington and other rural areas.
Culturally in these areas sheriffs command a great amount of clout and respect among the ordinary citizens of their county. While most probably might not know who the chief of police is in other towns within the county, nearly all know who “their” sheriff is. The understanding is that the sheriff serves them; not the governor, not the county commissioners, but the citizens themselves. While the deputies and city officers might be somewhat faceless agents of their agencies, the sheriff tends to be, or at least perceived to be, part of their personal social arenas. This is not to say that such beliefs are universally held, and not all are liked by all citizens, but people in most of the non-metropolitan counties tend to identify the sheriff as their own. From a political perspective, a sheriff can be a very difficult opponent if chosen to contend with and certainly not one to dismiss without consequence. The sheriff is among the community for everything from general law enforcement, to participation in civic activities, fairs, social clubs, school programs of even small communities, and is approachable and not removed to the state capitol as is sometimes perceived to be the case with the governor’s office.
Having seen personally the decimation of jobs, denial of basic liberty, and countless and conflicting orders coming every few days out of the governor’s office, several sheriffs began taking exception to what their constituents are presently enduring. While certainly none of these men question the emergency nature of containing the pandemic, they see themselves, it seems, to be forced into an unenviable position of being charged with forcing unethical and unconstitutional mandates upon their communities. To them in its most basic form is infringing on the constitutional rights of the people, which every law enforcement officer in the state is charged in their oath of office to uphold. To many professional law enforcement officers it is counter to police culture to force a person trying to earn an honest living through ordinary employment to face jailing simply for trying to put food on the table of their families, or simple be let alone to pursue ordinary happiness and not bother anyone else. They are being told by Governor Inslee to upheave the life of the average person with increasingly less concrete justification. That is not something that sits well with most professional police officers.
The seeds for this type of dissent by some Eastern Washington sheriffs began last year with the passing of I-1639, which greatly restricted firearms rights in the state. About a dozen or more sheriffs, mostly in rural counties, refused to enforce the restrictions against the people, citing that the provisions violated both the federal and state constitutional right to bear arms. We are beginning to see an analogue with this in today’s declarations of emergency. It is perceived by the dissent as an unjust action against law abiding citizens, likely unconstitutional, and they are not going to be coerced into enforcing this.
In a Facebook posting, Snohomish County Sheriff Fortney Wrote of his dissent and how his agency is managing the outbreak:
“Snohomish County Residents and Business Owners,
I just watched the Governor’s speech to Washingtonian’s regarding our approach to getting Washington back in business and I am left to wonder if he even has a plan? To be quite honest I wasn’t even sure what he was trying to say half of the time. He has no plan. He has no details. This simply is not good enough in times when we have taken such drastic measures as the suspension of constitutional rights. I wrote most of this about two weeks ago but I decided to wait out of respect for the Governor and my own misguided hope that each day he did a press conference he would say something with some specificity on getting Washington back to work. After what I witnessed tonight I can no longer stay silent as I’m not even sure he knows what he is doing or knows what struggles Washingtonian’s face right now.
I want to start by saying this virus is very real and sadly, it has taken 97 lives in Snohomish County. This is a very serious issue and the appropriate precautions need to be taken to protect our most vulnerable populations. However, our communities have already shown and continue to show they understand the severity of the situation and are doing all they can already to keep themselves, their families and neighbors safe and healthy.
I am worried about the economy and I am worried about Washingtonian’s that need to make a living for their family. As more data floods in week by week and day by day about this pandemic I think it is clear that the “models” have not been entirely accurate. While that is okay, we cannot continue down the same path we have been on if the government reaction does not fit the data or even worse, the same government reaction makes our situation worse.
As elected leaders I think we should be questioning the Governor when it makes sense to do so. Are pot shops really essential or did he allow them to stay in business because of the government taxes received from them? That seems like a reasonable question. If pot shops are essential, then why aren’t gun shops essential? Our Governor has told us that private building/construction must stop as it is not essential, but government construction is okay to continue. So let me get this right, according to the Governor if you are employed or contracted by the government to build government things you can still make a living for your family in spite of any health risk. If you are a construction worker in the private sector you cannot make a living and support your family because the health risk is too high. This contradiction is not okay and in my opinion is bordering on unethical.
As I arrive to work at the courthouse, I see landscapers show up each day to install new landscape and maintain our flowerbeds. How has Governor Inslee deemed this essential work? However, a father who owns a construction company and works alone while outdoors is not allowed to run his business to make a living to provide for his wife and children? How has Governor Inslee deemed thousands of Boeing employees who work inside a factory building airplanes essential? But building residential homes is not essential? If a factory with 20,000+ employees each day can implement safe practices to conduct normal business operations, I am entirely confident that our small business owners and independent contractors are more than capable of doing the same.
If this Coronavirus is so lethal and we have shut down our roaring economy to save lives, then it should be all or nothing. The government should not be picking winners or losers when it comes to being able to make an income for your family. If the virus is so lethal it shouldn’t matter whether you are building a school for the government, building a new housing development, restaurant owner, or you happen to be an independent contractor. To the contrary, if the virus is proving to not be as lethal as we thought, maybe it’s time for a balanced and reasonable approach to safely get our economy moving again and allowing small businesses to once again provide an income for their families and save their businesses. This is what I hoped for from the Governor tonight but he is not prepared or ready to make these decisions. If we are going to allow government contractors and pot shops to continue to make a living for their families, then it is time to open up this freedom for other small business owners who are comfortable operating in the current climate. This is the great thing about freedom. If you are worried about getting sick you have the freedom to choose to stay home. If you need to make a living for your family and are comfortable doing so, you should have the freedom to do so.
As I have previously stated, I have not carried out any enforcement for the current a stay-at-home order. As this order has continued on for well over a month now and a majority of our residents cannot return to work to provide for their families, I have received a lot of outreach from concerned members of our community asking if Governor Inslee’s order is a violation of our constitutional rights.
As your Snohomish County Sheriff, yes I believe that preventing business owners to operate their businesses and provide for their families intrudes on our right to life, liberty and the pursuit of happiness. I am greatly concerned for our small business owners and single-income families who have lost their primary source of income needed for survival.
As your elected Sheriff I will always put your constitutional rights above politics or popular opinion. We have the right to peaceably assemble. We have the right to keep and bear arms. We have the right to attend church service of any denomination. The impacts of COVID 19 no longer warrant the suspension of our constitutional rights.
Along with other elected Sheriffs around our state, the Snohomish County Sheriff’s Office will not be enforcing an order preventing religious freedoms or constitutional rights. I strongly encourage each of you to reach out and contact your councilmembers, local leaders and state representatives to demand we allow businesses to begin reopening and allow our residents, all of them, to return to work if they choose to do so.
The great thing about Snohomish County government is we have all worked very well together during this crisis. I’m not saying we agree all of the time, I’m saying we have the talent and ability to get this done for Snohomish County! This is not a time to blindly follow, this is a time to lead the way. Sheriff Adam Fortney”
For a statement of Okanogan County Sheriff Anthony Hawley on his interpretation of the COVID-19 challenge and his declaration of non-enforcement of punitive measures against his constituents, please click HERE.
It seems clear, at least to me, that these sheriffs are put into a difficult position, they uphold the fact that citizens of their counties are trying to manage containment of the pandemic but see unreasonable impositions forced onto the public by the governor and proclaim their frustration with the open ended timeframe and lack of inherency of the nearly twenty declarations of restrictions on the public and businesses.
Moving behind this the office of the governor has I believe little recourse if a sheriff or his deputies decline to initiate a prosecution against a citizen or business. Barring a court order, the governor has no authority to require a sheriff or his/her deputies to enforce a statute or proclamation. The courts permit law enforcement officers generally a wide degree of discretion in enforcing criminal laws, that is without a warrant or specific statutory mandate such as is the case with mandatory arrest of primary aggressors in domestic violence incidents. In fact the courts have held this discretion to be manifest even among individual officers and their department’s policies.  (The State Patrol several years ago could not require a mandatory towing policy of vehicles in certain incidents due to this violating the discretion authority of an individual trooper). I do not also believe the governor’s office will prevail if it chooses to secure writs of mandamus against dissenting sheriffs, to compel enforcement of the governor’s declarations of state of emergency. In the last two years the appellate courts in Washington generally have been against the use of mandamus as a primary means of compelling compliance, when all other conventional means of redress through the court systems have not been fully utilized.
There also remains the potential for precedent bound against the state if the governor chooses to challenge these sheriffs and others who take exception.  It is well-known that bad state actions lead surely to bad precedent and the novelty of what has taken place recently is ripe for court intervention and interpretation. For me I see the governor taking a very broad brush to a problem that could have been contained without the excessive infringement on civil rights. If one were to look at the State of Emergency statutes in the RCW, the sense is that the construction of this statute was intended to be a response to insurrection, riots, and great disasters resulting in severe public disorder–and then crafted to be limited in scope to only areas demonstratably affected by such disorder. That is not the case presently. There has been no rioting in the streets, no public melee, and no wanton destruction by marauding actors. We’ve seen only the bad effects of a virus infection that spreads worse than most but we are seeing officials taking the strongest enforcement aspects of the law and applying it wantonly against everyone, everywhere in the state. That threat is waning but very little is being done to curtail the restrictions.  Yes, yesterday Governor Inslee stated he would open construction jobs, after the construction lobby and industry met with him, but the shopkeeper who sells widgets in Pasco must keep his business closed. So what does it take to do business in Washington–Have a powerful lobby or a good product or service? And what favor should they pay in return for the governor’s generosity?
The first week of next month constitutes a formerly declared end date for the most recent general proclamation. I believe the governor’s goodwill to maintain the bulwark of his restrictions on liberty will quickly wane if he declares another open ended general denial of freedom to the public, and more public officials such as these sheriffs could join the ranks of those who oppose him. The governor might win with some news outlets and those in comfortable stations in large cities but if he chooses to confront a sheriff in his county over a constitutional rights issue Mr. Inslee will suffer a humiliating defeat in the court of public opinion in those localities. He will look rather foolish making demands that nobody will listen to. That will not serve the public well if there is an actual emergency that needs to be countered and few people believe that it is serious because they have exhausted their trust in him. He should remember that the state’s sheriff’s answer to the voters, not to him. It is quite self-evident where their loyalty remains.
I’ve done some rather informal talks with tradespeople, business owners, and other regular folks in five counties over the past couple weeks while travelling on business. I can say that nearly everyone I spoke with was trying to do the right thing in protecting themselves and others from this virus and they believe in what they are doing. But ALL OF THEM have told me that they feel what has been mandated upon them is untenable, and/or detrimental to themselves, their jobs, or their employers.  Their patience is wearing thin. If the governor continues to restrict all Washingtonians the perceived problem will transfer from that of the COVID-19 virus directly to the politician himself who caused nearly all of this economic fallout by proclamation: Governor Jay Inslee. It will not be the local county sheriff who gets the blame for this mess.
By Darren Smith
The views expressed in this posting are the author’s alone and not those of the blog, the host, or other weekend bloggers. As an open forum, weekend bloggers post independently without pre-approval or review. Content and any displays or art are solely their decision and responsibility.
    Some Washington State Sheriffs Begin Refusing To Enforce Gov. Inslee’s Lockdown Orders published first on https://immigrationlawyerto.tumblr.com/
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ryankpowell · 6 years
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Email To Bar Counsel To “Go F*#k Yourself!!!” Surefire Way To Attorney Discipline (Even In New Jersey)
Like voluntarily sticking one’s head into a lion’s den, communicating with Disciplinary Counsel can be a risky proposition.  Whatever the reason for the communication, attorneys should be mindful not only about what they are saying but how they are saying it.  This is not a difficult concept for most to grasp, but the Bar expects attorneys to conduct themselves in a certain way.
The expected way is to treat Disciplinary Counsel, as well as their staff (including attorneys and investigators who work for Bar Counsel), with a level of dignity and courtesy that evinces respect for their office and the power that Bar Counsel has over those members of the profession who value their law license.
And then there is Michael Rychel’s way.
Mr. Rychel, a New Jersey attorney, learned the hard way that there are some things you should never, ever say to Bar Counsel (and certainly not in writing).  And an email telling the chief Disciplinary Counsel of the state where you are licensed to “Go Fuck Yourself!!!!!” is, well, frowned upon.   See In re Michael E. Rychel, Dkt. No. DRB 16-250 (Decided Apr. 10, 2017), ordered, Dkt. No. D-125 (N.J. Feb. 9, 2018)
Mr. Rychel’s unfortunate situation arose not because he was the subject of an ethics investigation.  Rather, Mr. Rychel himself had filed a grievance against his former employer, another lawyer.  Mr. Rychel’s grievance was lodged with the New Jersey Supreme Court’s Office of Attorney Ethics (OAE), which is tasked with investigating such matters and, where appropriate, filing ethics charges against attorneys.  That office is headed by Mr. Charles Centinaro.  As such, Mr. Centinaro is the highest ranking attorney ethics official in The Garden State.
During the course of the investigation, Mr. Rychel sent an email to Mr. Scott Fitz-Patrick, an OAE investigator who works for Mr. Centinaro.  In that first email, Mr. Rychel wrote:
Hi Scott: Given my spare time I went through my evidence files. I had discovered something that I did not share with you, but may have some relevance if in [sic] the event you’re looking to do justice. Attached hereto you’ll find a memo that was circulated around the office post JH’s alleged “going crazy.” Take note that they make fun of this guy because he opposes/es [sic] “State Offenses, …. Insurance Fraud, and “Ethics Violations.” Do me a big favor and tell Director Centinaro, THANKS FOR THE BACK UP!!!!!!!!!!!!!!!!!!!! I really appreciate his f*****g lack of concern. THIS IS A F*****G ATROCITY THAT AN HONEST LAW ABIDING ATTORNEY SHOULD HAVE TO GO THROUGH THIS S**T!!!!!! TELL CHARLES CENTINARO THAT I SAID TO GO F**K HIM SELF [sic]!!!!!!!! QUOTE ME IN YOUR REPORT!!!!!! NO OFFENSE AGAINST YOU, I KNOW YOU’RE A DECENT HONEST GUY. mIKE RYCHEL
A few minutes later–and apparently wanting to really make sure that the top ethics attorney in the state of New Jersey received his first email, Mr. Rychel wrote a second email.  This time, Mr. Rychel cut out the middleman and sent his email directly to Director Centinaro:
Hey Charlie, here’s an example of what you’re [sic] f*****g AMBULANCE CHASING attorneys and their minions do to honest hardworking attorneys who comport their conduct to the RPC’s, 2C and the IRS code. Thanks so much for the back up [sic]. Look personally between me and you GO F**K YOURSELF!!!!!!!!!!!!!!!!!!!!! Mike Rychel
As a result of these two emails, an ethics committee of the New Jersey Supreme Court (the Disciplinary Review Board) filed a disciplinary complaint against Mr. Rychel.  The complaint charged Rychel for violating N.J. Rule of Professional Conduct 3.2, which states a lawyer “shall treat with courtesy and consideration all persons involved in the legal process.”
The Review Board found that both emails were unethical in that they contained “vulger, highly offensive language, directed at a significant official in the Court’s attorney discipline system.”  The Board explained that “[d]isrespectful or insulting conduct to persons involved in the legal process leads to a broad range of discipline, ranging from admonition to disbarment.”  Indeed, the Board’s opinion was replete with citations to other New Jersey cases in which counsel were disciplined for uncivil and unprofessional conduct.  See e.g. In re Geller, 177 N.J. 505 (2003) (reprimanding attorney who characterized judge’s orders as “horseshit”; referred in a deposition to two judges as “corrupt” and labeling one of them “short, ugly, and insecure”; called his adversary “a thief”; and the opposing party “a moron,” who “lies like a rug.”).
In a split decision, the Review Board in Rychel’s matter found that his conduct warranted a reprimand–which is by no means the worst penalty an attorney could receive.  See In re Vincenti, 152 N.J. 253 (1998) (disbarment for attorney with five prior disciplinary violations and who was described by court as “arrogant bully,” “ethically bankrupt” and a “renegade attorney”).
The Review Board also made clear that it “matters not that respondent did not direct his vulgarity and ire to a judge sitting on a bench or to an adversary while in the courtroom.”  Indeed, the court made clear that it expects “all attorneys will interact professionally and respectfully with all persons involved in the administration of justice, regardless of whether the interaction occurs in a courtroom or simply in the context of a legally disputed matter.”
On February 9, 2018, the Supreme Court of New Jersey issued an Order (here) accepting the Review Board’s decision and reprimanding Rychel for violating New Jersey Rule 3.2 by failing to treat all persons involved in the legal process with “courtesy and respect.”
Hat tip to Legal Profession Blog for first reporting this decision.
Civility At The USPTO
The rules of civility and professionalism embodied in the various states’ codes of professional conduct also find parallels in the USPTO’s ethics rules.
As we discussed in our post (here), entitled USPTO Suspends Attorney for Six Months for Derogatory Patent Filings, attorney Andrew Schroeder got himself in ethical hot water for accusing a patent examiner of “drinking scotch and whiskey with a side of crack cocaine” while he examined patent applications and suggesting the examiner was mentally challenged.
In another office action response, Schroeder questioned the patent examiner’s competence based on national origin and compared an examiner to “athletes who participate in the Special Olympics [who] might initially make the same mistake after a wild night of cocaine and strippers in Las Vegas.”
These opinions serve as stark reminders that the duty of “zealous advocacy” has its limits.  And the practice of law can be extremely stressful.  But controlling that stress and channeling that anger is critical to effective representation.  Indeed, many of the finest attorneys I know are filled with rage–but they have done an extraordinary job of not letting the other side (or the tribunal) know exactly how they might feel.
On the other side of the coin, telling Bar Counsel to “Go Fuck Yourself” or suggesting a Patent Examiner is a “retard” is not advocacy.  It is, quite simply, bullying tactics and demonstrates an utter lack of impulse control.  Such tactics are sure to backfire; they will not help your client or you.
Avoid The Angry Email
Many of the situations described in the cases that demonstrate lack of civility and unprofessional behavior can be traced back to the ease of sending emails without thinking.  Psychologists offer the following tips (see article here) for how to avoid the “angry email”:
Don’t hit send at all.  Talk to the person if you can.
Wait.  Emotions are short-lived.
Have the email read by someone else.
Be professional.
Be emoticon free.
Think.  Ask yourself why you are sending the email.  Will it achieve your desired result? If the point is just to vent, it is probably better not to sent the email at all and find some other way to exercise your anger.
source http://www.ipethicslaw.com/email-to-bar-counsel-to-go-fk-yourself-surefire-way-to-attorney-discipline-even-in-new-jersey/
0 notes
philipmgonzalez · 6 years
Text
Email To Bar Counsel To “Go F*#k Yourself!!!” Surefire Way To Attorney Discipline (Even In New Jersey)
Like voluntarily sticking one’s head into a lion’s den, communicating with Disciplinary Counsel can be a risky proposition.  Whatever the reason for the communication, attorneys should be mindful not only about what they are saying but how they are saying it.  This is not a difficult concept for most to grasp, but the Bar expects attorneys to conduct themselves in a certain way.
The expected way is to treat Disciplinary Counsel, as well as their staff (including attorneys and investigators who work for Bar Counsel), with a level of dignity and courtesy that evinces respect for their office and the power that Bar Counsel has over those members of the profession who value their law license.
And then there is Michael Rychel’s way.
Mr. Rychel, a New Jersey attorney, learned the hard way that there are some things you should never, ever say to Bar Counsel (and certainly not in writing).  And an email telling the chief Disciplinary Counsel of the state where you are licensed to “Go Fuck Yourself!!!!!” is, well, frowned upon.   See In re Michael E. Rychel, Dkt. No. DRB 16-250 (Decided Apr. 10, 2017), ordered, Dkt. No. D-125 (N.J. Feb. 9, 2018)
Mr. Rychel’s unfortunate situation arose not because he was the subject of an ethics investigation.  Rather, Mr. Rychel himself had filed a grievance against his former employer, another lawyer.  Mr. Rychel’s grievance was lodged with the New Jersey Supreme Court’s Office of Attorney Ethics (OAE), which is tasked with investigating such matters and, where appropriate, filing ethics charges against attorneys.  That office is headed by Mr. Charles Centinaro.  As such, Mr. Centinaro is the highest ranking attorney ethics official in The Garden State.
During the course of the investigation, Mr. Rychel sent an email to Mr. Scott Fitz-Patrick, an OAE investigator who works for Mr. Centinaro.  In that first email, Mr. Rychel wrote:
Hi Scott: Given my spare time I went through my evidence files. I had discovered something that I did not share with you, but may have some relevance if in [sic] the event you’re looking to do justice. Attached hereto you’ll find a memo that was circulated around the office post JH’s alleged “going crazy.” Take note that they make fun of this guy because he opposes/es [sic] “State Offenses, …. Insurance Fraud, and “Ethics Violations.” Do me a big favor and tell Director Centinaro, THANKS FOR THE BACK UP!!!!!!!!!!!!!!!!!!!! I really appreciate his f*****g lack of concern. THIS IS A F*****G ATROCITY THAT AN HONEST LAW ABIDING ATTORNEY SHOULD HAVE TO GO THROUGH THIS S**T!!!!!! TELL CHARLES CENTINARO THAT I SAID TO GO F**K HIM SELF [sic]!!!!!!!! QUOTE ME IN YOUR REPORT!!!!!! NO OFFENSE AGAINST YOU, I KNOW YOU’RE A DECENT HONEST GUY. mIKE RYCHEL
A few minutes later–and apparently wanting to really make sure that the top ethics attorney in the state of New Jersey received his first email, Mr. Rychel wrote a second email.  This time, Mr. Rychel cut out the middleman and sent his email directly to Director Centinaro:
Hey Charlie, here’s an example of what you’re [sic] f*****g AMBULANCE CHASING attorneys and their minions do to honest hardworking attorneys who comport their conduct to the RPC’s, 2C and the IRS code. Thanks so much for the back up [sic]. Look personally between me and you GO F**K YOURSELF!!!!!!!!!!!!!!!!!!!!! Mike Rychel
As a result of these two emails, an ethics committee of the New Jersey Supreme Court (the Disciplinary Review Board) filed a disciplinary complaint against Mr. Rychel.  The complaint charged Rychel for violating N.J. Rule of Professional Conduct 3.2, which states a lawyer “shall treat with courtesy and consideration all persons involved in the legal process.”
The Review Board found that both emails were unethical in that they contained “vulger, highly offensive language, directed at a significant official in the Court’s attorney discipline system.”  The Board explained that “[d]isrespectful or insulting conduct to persons involved in the legal process leads to a broad range of discipline, ranging from admonition to disbarment.”  Indeed, the Board’s opinion was replete with citations to other New Jersey cases in which counsel were disciplined for uncivil and unprofessional conduct.  See e.g. In re Geller, 177 N.J. 505 (2003) (reprimanding attorney who characterized judge’s orders as “horseshit”; referred in a deposition to two judges as “corrupt” and labeling one of them “short, ugly, and insecure”; called his adversary “a thief”; and the opposing party “a moron,” who “lies like a rug.”).
In a split decision, the Review Board in Rychel’s matter found that his conduct warranted a reprimand–which is by no means the worst penalty an attorney could receive.  See In re Vincenti, 152 N.J. 253 (1998) (disbarment for attorney with five prior disciplinary violations and who was described by court as “arrogant bully,” “ethically bankrupt” and a “renegade attorney”).
The Review Board also made clear that it “matters not that respondent did not direct his vulgarity and ire to a judge sitting on a bench or to an adversary while in the courtroom.”  Indeed, the court made clear that it expects “all attorneys will interact professionally and respectfully with all persons involved in the administration of justice, regardless of whether the interaction occurs in a courtroom or simply in the context of a legally disputed matter.”
On February 9, 2018, the Supreme Court of New Jersey issued an Order (here) accepting the Review Board’s decision and reprimanding Rychel for violating New Jersey Rule 3.2 by failing to treat all persons involved in the legal process with “courtesy and respect.”
Hat tip to Legal Profession Blog for first reporting this decision.
Civility At The USPTO
The rules of civility and professionalism embodied in the various states’ codes of professional conduct also find parallels in the USPTO’s ethics rules.
As we discussed in our post (here), entitled USPTO Suspends Attorney for Six Months for Derogatory Patent Filings, attorney Andrew Schroeder got himself in ethical hot water for accusing a patent examiner of “drinking scotch and whiskey with a side of crack cocaine” while he examined patent applications and suggesting the examiner was mentally challenged.
In another office action response, Schroeder questioned the patent examiner’s competence based on national origin and compared an examiner to “athletes who participate in the Special Olympics [who] might initially make the same mistake after a wild night of cocaine and strippers in Las Vegas.”
These opinions serve as stark reminders that the duty of “zealous advocacy” has its limits.  And the practice of law can be extremely stressful.  But controlling that stress and channeling that anger is critical to effective representation.  Indeed, many of the finest attorneys I know are filled with rage–but they have done an extraordinary job of not letting the other side (or the tribunal) know exactly how they might feel.
On the other side of the coin, telling Bar Counsel to “Go Fuck Yourself” or suggesting a Patent Examiner is a “retard” is not advocacy.  It is, quite simply, bullying tactics and demonstrates an utter lack of impulse control.  Such tactics are sure to backfire; they will not help your client or you.
Avoid The Angry Email
Many of the situations described in the cases that demonstrate lack of civility and unprofessional behavior can be traced back to the ease of sending emails without thinking.  Psychologists offer the following tips (see article here) for how to avoid the “angry email”:
Don’t hit send at all.  Talk to the person if you can.
Wait.  Emotions are short-lived.
Have the email read by someone else.
Be professional.
Be emoticon free.
Think.  Ask yourself why you are sending the email.  Will it achieve your desired result? If the point is just to vent, it is probably better not to sent the email at all and find some other way to exercise your anger.
from McCabe IP Ethics Law http://www.ipethicslaw.com/email-to-bar-counsel-to-go-fk-yourself-surefire-way-to-attorney-discipline-even-in-new-jersey/
0 notes
ionecoffman · 7 years
Text
Evaluating Trump's Psyche In Public
It’s not hard to find somebody who’s willing to call the president of the United States crazy. “Madman” was, after all, one of the words that cropped up most frequently in coverage about him during the 2016 campaign.
But psychiatrists, psychologists, and other mental-health professionals have been especially careful about not speculating about the president’s mental state. Well, some of them have been. (It’s not like this question has been left unexplored entirely, however, including in the pages of this magazine.)
But, officially, many psychiatrists and psychologists are cautious, and for good reason. Leading professional organizations like the American Psychiatric Association have underscored the importance of upholding what’s known as the Goldwater Rule, which says psychiatrists should never give opinions about the mental state of individuals they have not directly evaluated. The name refers to a controversy that erupted after the 1964 presidential election, when Senator Barry Goldwater won a libel suit against a magazine that printed the opinion, shared by about 1,000 psychiatrists, that he was mentally unfit for office.
The rule isn’t just about avoiding litigation. Psychiatrists warn that they risk losing patient trust and diminishing the integrity of the profession, by speculating about potential diagnoses or otherwise publicly commenting on a person’s mental health.
Now, with Trump in office, there’s something of a tug-of-war taking place over the utility of the Goldwater Rule should remain in place. The APA says yes, unequivocally: “It is unethical to offer a professional opinion about an individual without conducting an examination,” the association said in a statement in March. “The complexity of today’s media environment demands that we take special care when speaking publicly about mental health issues, particularly when what we say has the potential to damage not only our professional integrity, but the trust we share with our patients, and their confidence in our abilities as physicians.”
Other groups and individuals, however, aren’t so sure. A president who smashes political norms, it seems, may also be tearing down ethical standards in other realms.
The American Psychoanalytic Association emailed its 3,500 members in July to remind them, in essence, that the Goldwater Rule isn’t part of its ethics code. The association “does not consider political commentary by its individual members an ethical matter,” it said in the email, which a spokesperson for the association forwarded to The Atlantic. Despite the Psychoanalytic group's relatively small size compared with peer organizations, its position is already reigniting debate. It’s also likely to spread some confusion. (It doesn’t help that the American Psychoanalytic Association shares an acronym with the wider known American Psychiatric Association.)
The health website Stat calls it “the first significant crack in the profession’s decades-old united front aimed at preventing experts from discussing the psychiatric aspects of politicians’ behavior.” But the psychiatrist and psychoanalyst Prudence Gourguechon—who says she is a member of both the American Psychiatric Association and the American Psychoanalytic Association—told me the issue is slightly more nuanced.
“We did not tell our members to defy the Goldwater Rule,” she told me on Tuesday. “It’s just that the Goldwater Rule is an American Psychiatric Association rule and each association has its own rules. Our rule at the American Psychoanalytic Association is different.”
“I think we psychoanalysts have enormous and unique insight into human behavior,” she added. “Basically we [at the American Psychoanalytic Association] believe in our members’ free speech and don’t want to prohibit them from speaking out in public. We see Trump’s mental state being discussed and don’t think it’s necessary or right to withold our expertise. ”
That said, the American Psychoanalytic Association does have ethical guidelines for its members, including a set of specific recommendations for how to describe observations about a public official’s behavior.
“Basically you don’t guess what’s going on in somebody’s mind,” Gourguechon told me.
The Goldwater Rule goes further, and says psychiatrists should never comment on the “behavior, symptoms, diagnosis, etc.,” of a public figure without that person’s consent, according to the March statement from the American Psychiatric Association. Even calling the president “impulsive,” for example, “probably breaks the Goldwater Rule,” Gourguechon said.
She gives the example of President Trump’s string of tweets about the television host Mika Brzezinski, calling her “low I.Q.,” and claiming she was “bleeding badly from a face-lift” during party at Trump’s Florida resort on New Year’s Eve.
“I personally am comfortable looking at observable behavior and saying, ‘That was an impulsive act.’ That doesn’t trouble me morally. I think it’s kind of silly to not be able to say. I know that I can confidently say, and I did, that the tweet about Mika Brzezinski showed a lack of displine and self-control.”
Gourguechon says she and professionals like her should be encouraged to apply what they know to questions about what behavioral patterns make someone a good leader, or not. She’s written about this question, too, including in a recent op-ed for The Los Angeles Times. “The criteria that I identified as essential to responsible leadership, the one I’m most concerned about is the ability to think about the consequences of your actions. First degree consequences, second-degree consequences, third-degree consequences. I look at [Trump] to see if he really has the capacity to do that. That, to me, is very troublesome.”
Gourguechon stopped herself there.
“I think it’s most useful for me to point out what we should be looking at with him,” she said, “rather than my opinion.”
Article source here:The Atlantic
0 notes
nancygduarteus · 7 years
Text
Evaluating Trump's Psyche In Public
It’s not hard to find somebody who’s willing to call the president of the United States crazy. “Madman” was, after all, one of the words that cropped up most frequently in coverage about him during the 2016 campaign.
But psychiatrists, psychologists, and other mental-health professionals have been especially careful about not speculating about the president’s mental state. Well, some of them have been. (It’s not like this question has been left unexplored entirely, however, including in the pages of this magazine.)
But, officially, many psychiatrists and psychologists are cautious, and for good reason. Leading professional organizations like the American Psychiatric Association have underscored the importance of upholding what’s known as the Goldwater Rule, which says psychiatrists should never give opinions about the mental state of individuals they have not directly evaluated. The name refers to a controversy that erupted after the 1964 presidential election, when Senator Barry Goldwater won a libel suit against a magazine that printed the opinion, shared by about 1,000 psychiatrists, that he was mentally unfit for office.
The rule isn’t just about avoiding litigation. Psychiatrists warn that they risk losing patient trust and diminishing the integrity of the profession, by speculating about potential diagnoses or otherwise publicly commenting on a person’s mental health.
Now, with Trump in office, there’s something of a tug-of-war taking place over the utility of the Goldwater Rule should remain in place. The APA says yes, unequivocally: “It is unethical to offer a professional opinion about an individual without conducting an examination,” the association said in a statement in March. “The complexity of today’s media environment demands that we take special care when speaking publicly about mental health issues, particularly when what we say has the potential to damage not only our professional integrity, but the trust we share with our patients, and their confidence in our abilities as physicians.”
Other groups and individuals, however, aren’t so sure. A president who smashes political norms, it seems, may also be tearing down ethical standards in other realms.
The American Psychoanalytic Association emailed its 3,500 members in July to remind them, in essence, that the Goldwater Rule isn’t part of its ethics code. The association “does not consider political commentary by its individual members an ethical matter,” it said in the email, which a spokesperson for the association forwarded to The Atlantic. Despite the Psychoanalytic group's relatively small size compared with peer organizations, its position is already reigniting debate. It’s also likely to spread some confusion. (It doesn’t help that the American Psychoanalytic Association shares an acronym with the wider known American Psychiatric Association.)
The health website Stat calls it “the first significant crack in the profession’s decades-old united front aimed at preventing experts from discussing the psychiatric aspects of politicians’ behavior.” But the psychiatrist and psychoanalyst Prudence Gourguechon—who says she is a member of both the American Psychiatric Association and the American Psychoanalytic Association—told me the issue is slightly more nuanced.
“We did not tell our members to defy the Goldwater Rule,” she told me on Tuesday. “It’s just that the Goldwater Rule is an American Psychiatric Association rule and each association has its own rules. Our rule at the American Psychoanalytic Association is different.”
“I think we psychoanalysts have enormous and unique insight into human behavior,” she added. “Basically we [at the American Psychoanalytic Association] believe in our members’ free speech and don’t want to prohibit them from speaking out in public. We see Trump’s mental state being discussed and don’t think it’s necessary or right to withold our expertise. ”
That said, the American Psychoanalytic Association does have ethical guidelines for its members, including a set of specific recommendations for how to describe observations about a public official’s behavior.
“Basically you don’t guess what’s going on in somebody’s mind,” Gourguechon told me.
The Goldwater Rule goes further, and says psychiatrists should never comment on the “behavior, symptoms, diagnosis, etc.,” of a public figure without that person’s consent, according to the March statement from the American Psychiatric Association. Even calling the president “impulsive,” for example, “probably breaks the Goldwater Rule,” Gourguechon said.
She gives the example of President Trump’s string of tweets about the television host Mika Brzezinski, calling her “low I.Q.,” and claiming she was “bleeding badly from a face-lift” during party at Trump’s Florida resort on New Year’s Eve.
“I personally am comfortable looking at observable behavior and saying, ‘That was an impulsive act.’ That doesn’t trouble me morally. I think it’s kind of silly to not be able to say. I know that I can confidently say, and I did, that the tweet about Mika Brzezinski showed a lack of displine and self-control.”
Gourguechon says she and professionals like her should be encouraged to apply what they know to questions about what behavioral patterns make someone a good leader, or not. She’s written about this question, too, including in a recent op-ed for The Los Angeles Times. “The criteria that I identified as essential to responsible leadership, the one I’m most concerned about is the ability to think about the consequences of your actions. First degree consequences, second-degree consequences, third-degree consequences. I look at [Trump] to see if he really has the capacity to do that. That, to me, is very troublesome.”
Gourguechon stopped herself there.
“I think it’s most useful for me to point out what we should be looking at with him,” she said, “rather than my opinion.”
from Health News And Updates https://www.theatlantic.com/health/archive/2017/07/a-crack-in-psychoanalytic-standards-courtesy-of-the-president/534825/?utm_source=feed
0 notes
Who Is A "Rogue or Dubious" Estate or Lettings Agent?
Each association hold to the claim that their primary objectives are usually to support and streamline members' professional competence through an associated code of conduct, newsletters and training opportunities.
This principle is laudable. But if the mantra behind one association and another is more or less similar, then there would be cohesion to deliver the best service for its membership. There wouldn't be the need for splinter groups. Would there?
Let's now explore a little further what the words "rogue", "dubious" really mean.
Common English definition describes "rogue" as a dishonest or unprincipled person. This accommodates any act construed as insincere, unethical and not playing within set rules of engagement by any person or group.
Dubious, on the other hand is a qualifying adjective for any act that would cause doubt; of doubtful quality or propriety; questionable!
Simply put, both words suggest dodgy, deceitful behavioural act either by commission or intent.
With a broad definition as this, who then is a rouge or dubious agent? And what qualifies a safe agent?
There is none more suitable candidate to provide such unbiased appraisal than the last client who actually used the service on offer.
Every client deserves a reasonable level of good service. But since there is no such thing as a definitive perfect service, someone somewhere would always have a rant and a moan, even if it's only for the heck of it. That's human behaviour!
Then again, there are very bad services around. So to try and convince a client who strongly believes that they have been poorly served by an agent would be like asking the proverbial mountain to move to the left.
Justified or prejudiced, each client reserves the right to have an opinion of the service they received, as long as it is fair and does not cross the mudslinging slander/libel line. However, mere perception is not proof enough. Why? Unless you have used a service, your opinion could only be based on third party information, not your personal experience.
Service in this context is reminiscent to having agreed with applicable terms and conditions of that service, the subsequent signing of a binding contract and accepting keys for possession at check-in. To phone an agent for the purpose of comparing service charges would therefore not count as a fulfilled service. It's only a conduit for information gathering.
If then you have never used a particular agent's service, how would you determine whether they're the best or rubbish in what they do? Are all service levels the same across estate/letting agencies? Absolutely not!
Same goes for every other commercial business model, whether it's a Doctors' surgery, or a fish mongers. You can only make like-for-like comparisons in order to obtain a fair conclusion.
Anyone with some sort of reasoning and intent could presently set up an estate or letting agency and consequently make success of the business. Similarly, any one could set up a used car lot. They don't have to gain any 'superior' qualification to make a success of that business model either.
Reasoning, in this context is the ability to interpret the right thing, as opposed to that which is not right. Intent is the ideal to make a profit, possibly provide employment and potentially enjoy the eventual benefits which success brings.
So why do property agents have so much head battering in the public domain as 'rogues with dubious intent,' while the very important role they play is genuinely to strive to bridge and more often than not, hasten the process of providing essential accommodation in a professional manner for those who need it, and for a service fee?
There is currently no legislation determining minimum entry level qualification as base requirement to be identified as a scrupulous estate/letting agent, or to set one up. There is none for the motor trade either. Should there be one? Most agents who have been through any committed level of study and written examination would drum its benefits. Reason being that such dedicated study affords invaluable depth of knowledge that is essential to stay at par with the ever changing regulations covering the UK housing act. Currently it looks like a mine-field.
The onus therefore rests with the industry's Mr Bigs to initiate a collective framework necessary to formulate and implement industry accepted minimum entry levels.
Currently, associations like the RICS (Royal institution of chartered surveyors,) National Association of Estate Agents (NAEA), Association of Residential Letting Agents Surbiton, UK Association of Letting Agents (UKALA), The Guild of Property Professionals (TGP), National Approved Letting Scheme (NALS), Association of British Property Professionals (ABPP), provide some sort of leadership initiatives on matters concerning the industry.
Membership is not cheap though. What really is being paid for in disguise is this 'great opportunity' to use affiliation branded stickers as identification marks of participation on shop-fronts, printed materials or websites. What is being missed but equally important is the fact that registration with the property ombudsman (TPO) and adhering to its code of conduct is even a better option. Where there's a dispute, a contesting client tends to feel more confident bringing matters to a head with an independent redress scheme than to a member only association.
The fact that some associations appear to be tougher in executing the principles of their applicable code of conduct, bottom-line is - most are in it to make a profit. Unfortunately, profits are not ploughed back necessarily to support the general membership.
Die hard members would affirm, even swear to the beneficial sentiment what joining one association or another has brought to their balance sheet. Others may tell of significant increase in their portfolio or landlord/vendor clients. However, based only on the simple matter of joining a pressure group? It would be difficult to prove.
Association membership has its place in the wider scheme of things. It serves a purpose for people wishing to belong to a group. It may also be a good place for networking and passage of industry news, encourage structured training opportunities and maybe more.
What it doesn't do is; stop the agent with dishonest intent to defraud, regardless of how many membership stickers they display on shop windows. It all comes down primarily to that simple matter of honesty, fair play and decency. All things being equal, (they never usually are) nobody really needs the whip of a certain code of conduct hanging over them to do the right thing. If you ever find yourself at the point where you must, it would be worth reappraising your intentions.
The question that bothers me though is this; if the common goal is geared toward the benefit of their members, especially for the small independents, why are there so many property associations? And how is it that over the last twenty-five years or more, none of them have been able to come together as a strong force to combat the rip-off advertising portals? Surely this is what most agents would want. Why have agents continually paid high prices to keep property portals afloat? Agents keep portals in business. Without agents feeding portals, portals have no business. That's fact. With the money wasted by those running NFOPP, shame Property live didn't work for its members.
Regardless of spurious claims of influencing government policies on industry specific matters, the property sector with its numerous pressure groups, time and again have failed to make any significant gains either by standing up against the monopolistic pride of portals or influence any policy changes to legislation that may allow those who operate within the private rental sector boot out defaulting tenants without costing the landlord a fortune in lost revenue while the lengthy judicial process slowly grinds to obtain possession.
Why is it that all the associations covering lettings have failed to stem the tide where recalcitrant tenants are being encouraged in certain quarters to remain in properties, rack-up rental arrears and in some cases cause damages, until the day the bailiff turns up at the door.
The real losers are not the associations, nor the portals, but the long suffering landlord client and the distressed agent.
All said, how then do you then define a rouge agent?
Is he the one who levies a potential tenant a necessary administration fee to process their application, which generally involves obtaining the tenant client to complete a tenancy questionnaire, send out for references, check IDs and proof of addresses just to make sure people are who they claim to be? Agents should be highly commended for this sort of due diligence. The point remains, it is a payable service. Is it the one who charges for services rendered to cover his ever rising operation cost?
How about the agent who slips a note wherever there's a notice, indicative of an empty property available for sale or for let, and tries to steal custom from another agent? Would this deplorable agent fall into the rogue agent classification? Think about it. Some agents are worse at this than others!
Is it the one who trawls the internet seeking out recently advertised stock from the competition, then rings up pretending to be an interested party just to obtain the property's address, and then deceitfully tries to plunder the lead?
Oh, how about the agent who liberally offers over inflated property appraisal in order to obtain an instruction? If he does not achieve the quoted price, does he qualify as a rogue agent or will he just walk away with a dishonest badge?
Now, as a customer, you probably wouldn't have given this a serious thought. You probably have followed the trend and scorned off on the usual suspects. But with a little insight to the daily duties of an estate/letting agent, I am sure you may have a different opinion as to who a rogue agent might really be, or do you?
Who's a safe agent? More like asking who is a safe goal-keeper. There's no such thing. Good agents know their craft and always eager to support their clients with knowledgeable advice to help. No bull-crap, just plain raw honesty based on fact. Funny thing is; most clients still prefer the bull-crap with a smile than be told what they'd prefer not to hear - the truth. But that's life!
Article Source: http://EzineArticles.com/8635411
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vernicle · 7 years
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Information Security Policy
[ad_1]
Data Security Policy
For
Paoletti and Gusmano
Desk of Contents
Introduction................................................................................................................................. one
Ethics and Acceptable Use Insurance policies .................................................................................... ……….one
Disciplinary Action....................................................................................................................... 2
Safeguard Stored Facts......................................................................................................................2
Safeguard Facts in Transit ................................................................................................................ 3
Limit Entry to Facts.................................................................................................................3
Bodily Security...........................................................................................................................3
Security Awareness and Techniques.............................................................................................4
Security Administration / Incident Response System ........................................................................ 5
Appendix A – Settlement To Comply Sort ..................................................................................6
Security Policy
Introduction
This plan addresses the protection of organization information and facts and need to be dispersed to all organization staff members. Administration will evaluation and update this information and facts protection plan at least once a calendar year to include relevant protection requires that may possibly establish. Each worker need to browse and indication a sort verifying they have browse and realize this plan.
Ethics and Acceptable Use Insurance policies
The organization expects that all staff members carry out by themselves in a professional and ethical method. An worker need to not carry out organization that is unethical or unlawful in any way, nor need to an worker affect other staff members to act unethically or illegally. Additionally, an worker need to report any dishonest pursuits or harmful carry out to an appropriate supervisor.
Security of organization information and facts is extremely crucial to our organization.
We are trustworthy by our consumers to defend delicate information and facts that may possibly be equipped while conducting organization. Sensitive Data is described as any particular information and facts (i.e. - name, address, cell phone amount, e-mail, Social Security amount, driver’s license amount, bank account, credit score card figures, and so on.) or organization information and facts not publicly available (i.e. – purchasers, economical information and facts, worker information and facts, schedules, technology, and so on.). It is crucial the staff members do not expose delicate information and facts about our organization or our consumers to outside assets that do not have a need to know this kind of information and facts.
Disciplinary Action
An staff members failure to comply to the requirements and insurance policies set forth in this document may possibly end result in disciplinary motion up to and together with termination of work.
Safeguard Stored Facts
Safeguard Sensitive Data stored or taken care of by the organization and its staff members. All Sensitive Data need to be stored securely and disposed of in a secure method when no lengthier required for organization good reasons. Any media (i.e – paper, floppy disk, backup tape, computer tricky drive, and so on.) that incorporates delicate information and facts need to be guarded against unauthorized accessibility. Media no lengthier required need to be destroyed in this kind of a method to render delicate info irrecoverable (i.e. – shredding, degaussing, disassembly, and so on.).
Credit rating Card Data Dealing with Details
• Demolish cardholder information and facts in a secure process when no lengthier required. Media that contains card information and facts need to be destroyed by shredding or other suggests of bodily destruction that would render the info irrecoverable (shred, degauss, and so on.).
• It is prohibited to retail outlet the contents of the credit score card magnetic stripe (keep track of info) on any media in any respect.
• It is prohibited to retail outlet the card-validation code (3 or 4 digit value printed on the signature panel of the card) on any media in any respect.
• All but the previous 4 figures of the credit score card account amount need to be masked (i.e. – x’s or *’s) when the amount is displayed electronically or on paper.
Safeguard Facts in Transit
If Sensitive Data requires to be transported bodily or electronically, it need to be guarded while in transit (i.e. – to a secure storage facility or across the Net).
• Sensitive Data and Credit rating card account figures need to never ever be e-mailed without the need of utilizing appropriate encryption technologies (i.e. – PGP encryption).
• Media that contains Sensitive Data and credit score card account figures need to only be provided to trustworthy individuals for transport to off-web site areas. Limit Entry to Facts Limit accessibility to delicate information and facts (organization info and particular information and facts) to these that have a need-to-know. No staff members need to have accessibility to credit score card account figures unless they have a unique job purpose that demands this kind of accessibility.
Limit Entry to Facts
Limit accessibility to Sensitive Data (organization info and particular information and facts) to these that have a need-to-know. No staff members need to have accessibility to credit score card account figures unless they have a unique job purpose that demands this kind of accessibility.
Bodily Security
Limit bodily accessibility to Sensitive Data, or programs that house that information and facts (ex. personal computers or submitting cabinets storing cardholder info), to defend it from these who do not have a need to accessibility that information and facts. Media is described as any printed or handwritten paper, acquired faxes, floppy disks, back-up tapes, computer tricky drive, and so on.
• Media that contains Sensitive Data need to be securely taken care of and dispersed.
• Media that contains stored Sensitive Data (primarily credit score card account figures and social protection figures) need to be thoroughly inventoried and disposed of when no lengthier required for organization by deleting, shredding, or degaussing before disposal.
• Site visitors need to often be escorted and easily identifiable when in spots that may possibly incorporate Sensitive Data.
• Password guarded screen savers need to often be utilised on any personal computers that may possibly incorporate Sensitive Data. Security Awareness and Techniques Trying to keep Sensitive Data secure demands periodic training of staff members and contractors to preserve protection consciousness degrees large. The adhering to organization insurance policies and strategies address this challenge.
Security Awareness and Techniques
Trying to keep Sensitive Data secure demands periodic training of staff members and contractors to preserve protection consciousness degrees large. The adhering to organization insurance policies and strategies address this challenge.
• Hold periodic protection consciousness training meetings of staff members and contractors to evaluation appropriate managing strategies for Sensitive Data. Offline Merchant Security Policy
• Workers are needed to browse this protection plan and verify that they realize them by signing an acknowledgement sort (see Appendix A).
• Background checks (this kind of as credit score and prison record checks, in just the limitations of area regulation) will be performed for all staff members that manage Sensitive Data.
• All third parties with accessibility to credit score card account figures are contractually obligated to comply with card association protection requirements (PCI/DSS).
• Corporation protection insurance policies need to be reviewed every year and up to date as required. Security Administration / Incident Response System
There will be an worker of the organization specified as the protection officer. The protection officer is accountable for communicating protection insurance policies to staff members and contractors and tracking the adherence to insurance policies. In the function of a compromise of Sensitive Data, the protection officer will oversee the execution of the incident reaction approach.
Security Administration / Incident Response System
one. If a compromise is suspected, inform the information and facts protection officer.
2. Security officer will carry out an original investigation of the suspected compromise.
3. If compromise of information and facts is confirmed, the protection officer will inform management and commence informing parties that may possibly be influenced by the compromise. If the compromise will involve credit score card account figures complete the adhering to:
• Have and limit the extent of the publicity by shutting down any programs or procedures included in the compromise.
• Alert required parties (Merchant Lender, Visa Fraud Management, regulation enforcement)
• Provide compromised or perhaps compromised card figures to a Fraud Management in just 24 hrs.
Appendix A – Settlement To Comply Sort
Settlement to Comply With Data Security Insurance policies
Employee Title __________________________________________Section ___________________
I agree to get all affordable safeguards to guarantee that organization inner information and facts, or information and facts that has been entrusted to the organization by third parties this kind of as consumers, will not be disclosed to unauthorized individuals. At the conclude of my work or deal with the organization, I agree to return all information and facts to which I have had accessibility as a end result of my placement. I realize that I am not authorized to use delicate information and facts for my possess uses, nor am I at liberty to provide this information and facts to third parties without the need of the convey prepared consent of the inner manager who is the specified information and facts operator.
I have accessibility to a duplicate of the Data Security Insurance policies, I have browse and realize these insurance policies, and I realize how it impacts my job. As a ailment of ongoing work, I agree to abide by the insurance policies and other specifications observed in the organization protection plan. I realize that non-compliance will be cause for disciplinary motion up to and together with dismissal, and most likely prison and/or civil penalties.
I also agree to instantly report all violations or suspected violations of information and facts protection insurance policies to the specified protection officer.
Employee Signature ________________________________________Date_______________________
Source Box
Frederick D. Paoletti, Jr. is the founding principal of Paoletti & Gusmano Lawyers at Law, a prison protection and particular injuries company found in Bridgeport, Connecticut. For a lot more articles associated to protecting your self throughout particular injuries and prison situations, remember to visit http://ift.tt/2qDTZOG.
[ad_2] Resource by Frederick D. Paoletti, Jr.
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nhlabornews · 7 years
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Flashback Video: Frank Edelblut Testifying Against Banning Unethical Gay Conversion Therapy for Minors
 It’s not quite like the story he told the Executive Council 
CONCORD, NH – Today as the New Hampshire Senate holds a public hearing on SB 224, relative to conversion therapy seeking to change a person’s sexual orientation, Granite State Progress is releasing a video of last year’s public hearing on a similar bill when now-NH Commissioner of Education nominee Frank Edelblut testified for 20 minutes and also voted on the floor against banning unethical gay conversion therapy for minors. 
GSP Video: NH’s Frank Edelblut Compares Being LGBTQ to Having a Drinking Problem
WATCH HERE  
“Individuals who failed to change sexual orientation, while believing they should have changed with such efforts, describe their experiences as a significant cause of emotional and spiritual distress and negative self-imaging. Just like you would have negative effects if you tried to quit smoking – those people tend to have negative effects – when you’re trying to break a drinking habit, you have negative effects, when you’re trying to break drugs – you have a negative effect. So they’re expressing this concern.” – Frank Edelblut, April 5, 2016
During the public hearing on his nomination, Edelblut purposely downplayed his position on conversion therapy and LGBTQ rights in general. As reported in the Union Leader:
“Edelblut, answering another question by Pappas, did not commit to opposing conversion therapy for LGBT minors. He said his testimony last year on a bill to ban conversion therapy was meant to point out that the information contained in the bill was “inconsistent” with studies cited in the bill. “I think good science requires that you read the literature,” Edelblut said. “We had a bill that came before the legislature that made reference to studies. I read the studies and I understood what the underlying issues were, so I could be knowledgeable about the bill. When I saw inconsistencies in the studies with the information presented, I thought it was important to that we made that information public.” [Union Leader, NH Primary Source: Ayotte-Trump ‘fence-mending’ welcomed by key Republicans, February 2, 2017; HB1661, Roll Call #167, 3/23/2016] 
In reality, Edelblut is on the fundraising board of directors for Patrick Henry College, an evangelical college that explicitly prohibits homosexuality and marriage equality, students dressing “in a way that will cause others to mistake them for a member of the other sex” and transgender rights.
“The College chooses to limit its student body, board, and staff to those who are committed to its statement of faith. The practice of homosexual conduct or other extramarital sexual relations is inconsistent with the College’s faith position.” [Patrick Henry College, Student Handbook, 2016]
“Students will not advocate non-Biblical sexual practices, such as extra-marital sex, homosexuality or homosexual “marriage” (e.g., Is 5:20, Romans 1:26-27).” [Patrick Henry College, Student Handbook, 2016]
“Students will dress modestly out of consideration for one another.  Also, students will not dress in a way that will cause others to mistake them for a member of the other sex (e.g., 1 Tim 2:9; Deut 22:5).” [Patrick Henry College, Student Handbook, 2016]
“Sexual Identity: Since God created mankind in His own image as male and female, men and women are sexually different but with equal personal dignity.  Consequently, any attempts to physically change, alter, or disagree with one’s predominant biological sex, including but not limited to elective sex-reassignment, transvestite, transgender, or non-binary “genderqueer” acts or conduct are sinful.” [Patrick Henry College, Student Handbook, 2016]
From local newspaper of record: “Gay students at Patrick Henry College in Purcellville don’t exist. They can’t exist. So says Dr. Michael Farris, the college’s founder and chancellor. It’s simple, really. Homosexuals can’t exist at Patrick Henry College because the students sign an honor code, Farris claimed. “[Homosexuals] could not sign our honor code,” Farris said, adding that he considers the actions of gay men and women “sinful.” [Loudoun Times-Mirror, ‘Queer at Patrick Henry College’ vexes school’s chancellor, Dec. 12, 2012]
“Statement of Ethical Values and Standards. All trustees, administrators, and staff of Patrick Henry College have the right, privilege, and responsibility to … Integrate a biblical worldview into all aspects of their professional lives.” [Patrick Henry College, Student Handbook, 2016]
Statement from Granite State Progress Executive Director Zandra Rice Hawkins: 
“Edelblut compared anti-LGBTQ counseling – and therefore, being gay or lesbian – to counseling to end a smoking, drinking, or drug addiction. He also spoke out against the federal Department of Education’s guidance on transgender students which sought to ensure transgender students enjoy a supportive and nondiscriminatory school environment. He’s spent at least seven years fundraising for a college that considers marriage equality a sin and openly prohibits students from being gay, lesbian, or transgender. The college also states very clearly that those connected with it have a responsibility to ‘integrate a biblical worldview into all aspects of their professional lives.’ Edelblut’s anti-LGBTQ background and activities raise real concerns about whether he will work to ensure all children have a safe and welcoming learning environment in New Hampshire.”
Flashback Video: Frank Edelblut Testifying Against Banning Unethical Gay Conversion Therapy for Minors was originally published on NH Labor News
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