Attorney General Opinion No. 1987-139

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ISBN 13 :
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Book Rating : 4.:/5 (832 download)

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Book Synopsis Attorney General Opinion No. 1987-139 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-139 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: When an inmate is given a medical examination upon arrival at a detention facility pursuant to intake procedures, the physician-patient privilege may be invoked to prevent disclosure of confidential communications in a civil action or misdemeanor criminal case, subject to statutory exceptions. Public policy supports the confidentiality of communications between the patient and physician beyond the witness stand. Such policy must give way, however, when the public's right to know about the patient's dangerous condition outweighs the individual's privacy interests. In that case, a physician would be justified in notifying sheriff's department personnel so that steps may be taken to protect the health interest of other inmates. Cited herein: K.S.A. 19-811; 45-221, as amended by L. 1987, ch. 176, section 4; 65-101; 65-118; 65-2837, as amended by L. 1987, ch. 176, section 6; 60-427; 75-5228; K.A.R. 28-1-1, 28-1-2.

Attorney General Opinion No. 1988-139

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ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (824 download)

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Book Synopsis Attorney General Opinion No. 1988-139 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-139 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.A.R. 74-6-2 requires an additional office of a certified public accountant (CPA) have a resident manager who devotes more than half of his working time to the affairs of that office. This regulation is outside the scope of the legislatively delegated powers in that it violates the Fourteenth Amendment of the United States Constitution. Cited herein: K.S.A. 1-202 e̲t̲ s̲e̲q̲.; K.S.A. 1987 Supp. 77-425, as amended by L. 1988, ch. 366, sec. 38; K.A.R. 74-6-1; 74-6-2; 74-6-1; U.S. Const., Fourteenth Amend.

Attorney General Opinion No. 1978-139

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ISBN 13 :
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Book Synopsis Attorney General Opinion No. 1978-139 by : Curt Thomas Schneider

Download or read book Attorney General Opinion No. 1978-139 written by Curt Thomas Schneider and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A fee of $2.00 should be assessed under K.S.A. 1977 Supp. 28-115 for the recording of a partial release.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Attorney General Opinion No. 1981-139

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ISBN 13 :
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Book Rating : 4.:/5 (87 download)

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Book Synopsis Attorney General Opinion No. 1981-139 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-139 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A private citizen serving as the consumer representative on an institutional review board supervising research projects involving human beings is an employee within the meaning of the Kansas Tort Claims Act. Such person is not rendering professional services so as to be excepted from the Act by the terms of K.S.A. 1980 Supp. 75-6115, and such person is entitled to the defenses provided in the Act, (see K.S.A. 1980 Supp. 75-6104), legal representation, (see K.S.A. 1980 Supp. 75-6108), and indemnification (see K.S.A. 1980 Supp. 75-6109). Cited herein: K.S.A. 1980 Supp. 40-3401, 75-6102, 75-6103, 75-6104, 75-6108, 75-6109, 75-6111, and 75-6115, 21 CFR sections 56.101-124, 45 CFR sections 46.101-110, 45 Fed. Reg. 77384 (Nov. 21, 1980).

Attorney General Opinion No. 1980-139

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ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (871 download)

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Book Synopsis Attorney General Opinion No. 1980-139 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-139 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: It is within the discretion of the court to grant probation or to suspend the sentence for a second or subsequent conviction of driving while intoxicated. Cited herein: K.S.A. 8-262(a) and K.S.A. 1979 Supp. 8-1657, 21-4603(2)(d), 21-4618(1) and 21-3101.

Attorney General Opinion No. 1987-097

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ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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Book Synopsis Attorney General Opinion No. 1987-097 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-097 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Members of the Board of State Fair Managers are state employees for purposes of the Kansas Tort Claims Act. As such, except as provided in K.S.A. 75-6104, they are subject to suit for claims arising out of their wrongful acts. Members who have been held liable for damages occurring within the scope of their employment shall be indemnified by the state, though in the event the employee has acted with actual fraud or malice or has failed to cooperate in the defense, the state is entitled to repayment of any amounts paid out. The board is given authority to regulate and control fairground use. While the sale and consumption of intoxicating liquors are generally prohibited on public property, the prohibition does not extend to cereal malt beverages. Therefore, as long as the statutory and regulatory requirements are met, the board may authorize Sunday sales of cereal malt beverages on the fairgrounds. Cited herein: K.S.A. 2-139; 2-202, as amended by 1987 Senate Bill No. 3, Sec. 7; 2-205, as amended by 1987 Senate Bill No. 3, Sec. 10; 41-102(b), as amended by 1987 House Substitute for Substitute for Senate Bill No. 141, Sec. 54; 41-2704(a), as amended by 1987 House Substitute for Substitute for Senate Bill No. 141, Sec. 4; 74-520, as amended by 1987 Senate Bill No. 3, Sec. 3; 74-521, as amended by 1987 Senate Bill No. 3, Sec. 20; 75-6101, 75-6102(d); 75-6104, amended by 1987 House Bill No. 2023, Sec. 3; 75-6105(c); 75-6109; 1987 House Bill No. 2615, Sec. 4(b)(2).

Attorney General Opinion No. 1987-121

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ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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Book Synopsis Attorney General Opinion No. 1987-121 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-121 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 20-105 provides that to be qualified to hold the office of justice of the supreme court or judge of the court of appeals, a person must have been regularly admitted to practice law in Kansas and have engaged in the active and continuous practice of law for a period of at least ten years prior to the date of appointment as justice or judge. Though the strict definition of "active practice" would require that the legal activities of the person in question be pursued on a full-time basis and constitute his regular business, the general rule that statutory provisions imposing qualifications for office should be construed in favor of those seeking to hold office would serve to soften this requirement. Thus, a potential nominee need not be a full-time trial attorney to be considered as actively engaged in the practice of law, and is not automatically disqualified merely for holding a position which does not require legal expertise. Cited herein: K.S.A. 20-105; 20-3002; K.S.A. 1986 Supp. 22-3707.

Attorney General Opinion No. 1987-045

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ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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Book Synopsis Attorney General Opinion No. 1987-045 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-045 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The mere fact that two members of a five-member city council in a city of the third class are married to each other does not violate the open meetings law or any other Kansas statute. Cited herein: K.S.A. 12-3002; 13-2903; 15-101; 15-106; 15-201; 15-209; 75-4317; 75-4317a; K.S.A. 1986 Supp. 75-4318.

Attorney General Opinion No. 1987-023

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ISBN 13 :
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Book Synopsis Attorney General Opinion No. 1987-023 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-023 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Since it is the client's intent which governs the distinction between privileged and non-privileged communications, a determination of whether or not information exchanged between attorney and client is privileged requires a case-by-case consideration. To ensure compliance with the dictates of Canon 4 of the Code of Professional Responsibility and K.S.A. 60-426, when a supervising agency requests that an attorney release particular client information for enumerative or evaluative purposes, the attorney may either obtain the client's consent to do so, or, if the client refuses, compile the requested data in a less intrusive manner. If, however, the agency requests the data for purposes of determining a client's financial eligibility onto satisfy funding requirements, the exception to the privilege under DR-4-101(C)(4) would apply, making the aforementioned precautions unnecessary. Cited herein: K.S.A. 45-217; 45-221; 60-426; K.S.A. 1986 Supp. 20-3100, Supreme Court Rule No. 225, D.R. 4-101.

Attorney General Opinion No. 1987-018

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ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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Book Synopsis Attorney General Opinion No. 1987-018 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-018 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 34-229 was amended by 1986 Senate Bill No. 518 to make grain warehouse bonds nonaccumulative. Thus, Kansas has joined the majority of the states and the federal government in disallowing the "stacking" of bonds. Cited herein: K.S.A. 34-229; L. 1986, ch. 153, section 1.

Attorney General Opinion No. 1987-034

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ISBN 13 :
Total Pages : pages
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Book Synopsis Attorney General Opinion No. 1987-034 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-034 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Service of process is a condition precedent to an employee's request for the provision of defense counsel by a governmental entity, unless such condition is waived. If, after the employee has been served, the entity lawfully refuses to provide for such defense, and if the request was made in accordance with the statute, then the entity must reimburse the employee for attorney expenses incurred as a result of the retention of private counsel. Absent service of process, timely request for, and proper refusal of providing legal defense counsel, no right is conferred on the employee to retain private counsel at the expense of the governmental entity. Cited herein: K.S.A. 75-6103, 75-6108, 75-6109.

Attorney General Opinion No. 1987-013

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ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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Book Synopsis Attorney General Opinion No. 1987-013 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-013 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: District attorneys and their agents are state employees for purposes of the Kansas Tort Claims Act. Cited herein: K.S.A. 22a-101, 22a-106, 25-2505, 75-6101, 75-6102.

Attorney General Opinion No. 1987-078

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ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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Book Synopsis Attorney General Opinion No. 1987-078 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-078 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to the provisions of K.S.A. 26-201, a city may appropriate private property by eminent domain for a public use. Acquisition of a railroad depot building which is included on the state register of historic places constitutes a public use. Cited herein: K.S.A. 26-201; 75-2714.

Attorney General Opinion No. 1987-093

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ISBN 13 :
Total Pages : pages
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Book Synopsis Attorney General Opinion No. 1987-093 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-093 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In Kansas, title by adverse possession cannot be invoked against a governmental subdivision of the state by a private individual.

Attorney General Opinion No. 1987-104

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ISBN 13 :
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Book Synopsis Attorney General Opinion No. 1987-104 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-104 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Written instruments representing liens arising pursuant to the provisions of CERCLA, 42 U.S.C.S. section 9601 e̲t̲ s̲e̲q̲., or ERISA, 29 U.S.C.S. section 1001 e̲t̲ s̲e̲q̲., which are properly proved or acknowledged and certified are entitled to recording by the register of deeds in the county in which the real property affected by the instrument is located. Such instruments which do not meet these initial filing requirements should be filed in the office of the clerk of the United States District Court for the district in which the real property is located. The filing fees prescribed by K.S.A. 28-115 are appropriate for the filing of such instruments, and the instruments should be filed so as to provide notice to third parties. Cited herein: K.S.A. 28-115; 58-2221; 79-2601; 79-2607; 79-2608; 26 U.S.C.S. section 6323; 29 U.S.C.S. sections 1001, 1362, 1363, 1364, 1368; 42 U.S.C.S. sections 9601, 9607.

Attorney General Opinion No. 1987-174

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ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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Book Synopsis Attorney General Opinion No. 1987-174 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-174 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The intent of L. 1987, ch. 215 is to encourage individuals to serve as volunteers for certain nonprofit organizations by granting to the volunteer immunity from liability for negligent acts or omissions. There are limitations to this immunity. For the act to apply, the organization must carry general liability insurance which will pay on behalf of the insured when an individual suffers loss for which the insured is liable. The exact amount and type of insurance required is to be determined in light of the exposure to liability which arises out of the organization's activities. Cited herein: L. 1987, ch. 215, sec. 1 (to be codified at K.S.A. 1987 Supp. 60-3601).