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7. Practise so that to achieve realisationLegal definition "realisation" means certificate performance as conditions or duties. After all advisers really have obligations to clients. Their description in wide value looks so: ?) Duty to provide competence; ?) The duty to avoid a deceit; ?) Duty to execute the duties; ?) The duty to avoid negligence (the previous case from KB practice see); ?) The duty to avoid conflicts of interests.
It is considered that the adviser neglecting with any or all above-stated duties, works unfairly. Such unconscientiousness in a combination to professional incompetence is usually classified by four legal terms: malfeasance, an arbitrary use of power, default from obligations and swindle. In the legal grant for advisers the author – lawyer Nensi Piat, defines it clearly and accurately: «Malfeasance is an offence or wrong behaviour. (The adviser had doubts concerning defects of the device, however he has insisted, that the client has bought it, as the manufacturer (the distributor) was its friend to whom the adviser wished to render service.)
The arbitrary use of power is the action encroaching on the rights or the property of another. (The adviser knew or suspected that the device will break in working conditions at the client.)
Default is an unsuccessful attempt to execute the demanded. (The adviser should test the device, however has not made it.)
Swindle is a deceit, a cheating or deliberate lie. (The adviser knew that the device was defective, but has persuaded the client to buy it.)»
8. Be cautious throughout all way
From beginning to end mutual relations the client to you there will be many difficult moments when it is necessary to do something constructive for itself and the practice. We identify these moments and ubiquitous signs.
During the first fact-finding meeting with the possible client define, whether he respects such professionals, as you. Listen attentively that he speaks about the lawyer, the bookkeeper or heads. If it treats badly these people, that, most likely, waits for you the same reference. Whether he resorted to the help of advisers before? What thinks of their job? Whether it is led to you by someone «against the will»? Whether thinks, like many, what advisers are «the gangsters dressed in suits»? If it so, do the utmost to get rid of such client. From the very beginning he will search for troubles, and any, intensively searching, necessarily them will find or will create.
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