lawyer can't do indirectly what they can't do directly

It is based on the maxim " Quando aliquid prohibetur ex directo, prohibetur et per obliquum " which means that "you cannot do indirectly what you cannot do directly". As a matter of record, it is reported that the Attorney General pointed this to the court during submissions.

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What happens if someone tries to contact you without an attorney?

Jun 29, 2016 · Can you ever do indirectly that which you cannot do directly? The answer appears to be yes, in certain circumstances according to the Saskatchewan Court of Queen's Bench decision in Northrock Resources v ExxonMobil Canada Energy, 2016 SKQB 188. This case considers this issue in the context of rights of first refusal ("ROFR") when dealing with oil and …

Can other attorneys contact my company or my attorney?

Jan 15, 2021 · It is based on the maxim " Quando aliquid prohibetur ex directo, prohibetur et per obliquum " which means that "you cannot do indirectly …

Can a lawyer take legal action against an employer?

“what cannot be done directly cannot be done indirectly”: its meaning and logical status in constitutionalism

Is it unethical for a lawyer to act disinterested?

Feb 09, 2012 · Doctrine of Lifting the veil- what cannot be done directly cannot be done indirectly. WHAT CANNOT BE DONE DIRECTLY-CANNOT BE DONE INDIRECTLY: 28. It is a settled proposition of law that what cannot be done directly, is not permissible to be done obliquely, meaning thereby, whatever is prohibited by law to be done, cannot legally be effected by an …

What Cannot be done directly should not be done indirectly?

What cannot be legally done directly cannot be done indirectly. This rule is basic and, to a reasonable mind, does not need explanation. Indeed, if acts that cannot be legally done directly can be done indirectly, then all laws would be illusory.Mar 22, 2011

What you Cannot do directly You Cannot do indirectly?

The maxim doctrine of colourable legislation means what cannot be done directly cannot also be done indirectly. This doctrine is applied when legislature tries to accomplish something in a backhanded way when it can't do it straightforwardly.

When anything is prohibited directly It is also prohibited indirectly?

When anything is prohibited directly, it also prohibited indirectly. ' Under the color or guise of power given for one particular purpose the legislature cannot seek to achieve some other purpose which is either wise not competent to legislate on.

Which of the following is based on the rule that you Cannot do indirectly what you Cannot do directly?

doctrine of colourable legislationThe whole doctrine of colourable legislation is based upon the maxim that you cannot do indirectly what you cannot do directly. If a legislature is competent to do a thing directly, then the mere fact that it attempted to do it in an indirect or disguised manner, cannot make the Act invalid.

What Cannot be done directly Cannot be done indirectly This statement epitomizes the doctrine of?

this Statement Epitomizes the Doctrine of - Legal Reasoning.

What is harmonious construction rule?

Harmonious construction is a principle of statutory interpretation used in the Indian legal system. It holds that when two provisions of a legal text seem to conflict, they should be interpreted so that each has a separate effect and neither is redundant or nullified.

What Cannot be done directly Cannot also be done indirectly with the help of this maxim explain the related doctrine of legislation?

The doctrine of colourable legislation is based on the maxim that “what cannot be done directly cannot also be done indirectly”. The doctrine becomes applicable when a legislature seeks to do something in an indirect manner when it cannot do it directly.

What is prospective overruling in law?

The Doctrine of Prospective Overruling dictates that a decision made in a particular case would have operation only in the future and will not carry any retrospective effect on any past decisions.Jul 21, 2020

What is colourable legislation in law?

The doctrine of colourability is the idea that when a legislature wants to do something that it cannot do within the constraints of its government's constitution, it colours the law with a substitute purpose, allowing it to accomplish its original goal.

What is waiver doctrine?

The doctrine of Waiver of rights is based on the premise that a person is his best judge and that he has the liberty to waive the enjoyment of such rights as are conferred on him by the State. However, the person must have the knowledge of his rights and that the waiver should be voluntary.

What is pith and substance rule?

Pith and Substance means the true nature of law. The real subject matter is challenged and not its incidental effect on another field. The doctrine has been applied in India also to provide a degree of flexibility in the otherwise rigid scheme of distribution of powers.

Description

This section is from the book " Handbook Of The Law Of Contracts ", by Wm. L. Clark, Jr.. Also available from Amazon: Handbook of the law of contracts.

Same - Agreements Prohibited But Declared Not Void

An agreement forbidden by statute may be saved from being void by the statute itself. Where a statute forbids an agreement, but says that, if made, it shall not be void, then, if made, it is a contract which the courts must enforce.31

Same - Agreements Simply Void And Unenforceable

Where no penalty is imposed, and the intention of the legislature appears to be simply that the agreement is not to be enforced, neither the agreement itself nor its performance is to be treated as unlawful for any other purpose."

Same - Particular Agreements In Breach Of Statute

153. Among the statutes prohibiting agreements, the following may be mentioned as the most important:

What is the doctrine of colorable legislation?

In constitutional law, in order to test the legislative competence of enacting a law on a subject, the court at times invokes the Doctrine of Colourable Legislation. It essentially means that the legislature cannot legislate on a particular subject matter indirectly, if it is barred from legislating on it directly.

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Thursday, 9 February 2012

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Doctrine of Lifting the veil- what cannot be done directly cannot be done indirectly

28.

Bruce E. Burdick

Attorney Natoli is right, and furthermore you don't really care what the difference is since both are prohibited. But, to ease your mind, "indirect" competition would be where you compete through some other person or entity rather than doing it yourself "directly"...

Frank A. Natoli

You may not get an answer to your question. Ultimately, all that matters is what the other party to your non-compete feels about it if they found out. Would they consider is competing and would it be worth it for them to launch a legal action about it?

Rixon Charles Rafter III

You need answer rooted in a review of your specific document, not a generic ' an NCA may be invalid if...' online answer. Take your NCA to an Ohio attorney.

What is the obligation of a real attorney?

A "real attorney" has an obligation to maintain client confidentiality and not tell any Tom, Dick or Harry who s/he represents unless the client has specifically authorized them to do so.

What happens if you don't disclose who you represent?

Furthermore, if you or your company is involved with litigation and represented by an attorney already, any other attorneys should never contact you but should go through your attorney directly. This is an ethical rule. If the person tries to contact you again instead of your attorney, let your attorney know right away.

How to know if a lawyer is a lawyer in Oregon?

If a person is really an attorney, they'll have an identifying number with the Oregon State Bar (this answer applies to Oregon). You can then check them out professionally at osbar.org. Oddly, if the client has asked that the lawyer keep his name confidential, then the lawyer can't tell you who he represents. However, I'm pretty sure that you can then refuse to answer any questions in other words, you don't give any information until they tell you who's asking. Your company should have legal representation, and you need to tell your company's attorney about this contact.

Can an attorney disclose who they are working for?

An attorney is not allowed to disclose who they are working for, unless they have that person's permission. Attorneys,for example, are not allowed to post a listing of their clients, unless each clients has given permission to be on the list. It is rarely in the client's best interest to have it revealed who their attorney is, and so the attorney should rarely ask to list such things. But, if an attorney is representing a person in a particular matter and if they are contacting an opposing party, then they should say who they are representing. But, this is not always the case and it depends what the situation is. For example, lawyers are allowed to act on someone's behalf and not reveal who they are working for, or even that they are working for anyone. This is often the case, especially in big real estate bargaining. However, if someone calls you for information and you are not satisfied that they have a right to know, you do not need to answer or give them any information at all. If a lawyer is representing a person and is going to discuss or negotiate on the person's behalf, they will let you know they are engaged to represent the person in that dealing. If there is a court case pending and a lawyer is officially representing a party, they will put their name on the court filings, and will often send letter saying whom they represent. Often, a lawyer may seek information on behalf of a client, but not want to reveal for whom they work. It is up to you to decide whether you wish to give such a person information. The one main thing a lawyer cannot do is lie and say they represent someone they do not represent. So if you ask a lawyer whom they represent in the matter, if anyone, the lawyer is not allowed to falsely name someone. But, they can refuse to answer, and you can refuse to discuss with them. However, in some locations, there are special rules about a lawyer acting as a real estate agent being allow to bluff certain things. To accurately answer your question, I would need all the details.

Is the identity of a client confidential?

The identity of a client is usually considered to be confidential information - so the attorney was correct in not answering your question. Usually, it is only after the client grants permission to the lawyer to reveal the relationship - then the attorney is permitted to do so.

Do you have to disclose representation?

If it is a confidential matter, then they do not have to disclose representation. If they are in court for a person then their representation is a matter of record.

Do you have to disclose who your client is?

There is no requirement that an attorney disclose who his client is, under most circumstances. You are right, it is very unusual for an attorney to call and not disclose who his client is. However, it can occur. However, you are under no obligation to answer any questions either.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

Why is it illegal to talk about your employer on social media?

That's because trying to curtail worker communications can be seen as an illegal attempt to prevent them from unionizing or organizing.

What is the obligation of an employer to ensure its workplace is a safe environment?

An employer has an obligation to ensure its workplace is a safe environment and that worker complaints are handled in an appropriate manner. Some states also require companies to provide sexual harassment training to workers or supervisors.

What is the National Labor Relations Act?

The National Labor Relations Act and a variety of statutes overseen by the U.S. Equal Employment Opportunity Commission protect employees from hostile work environments, discrimination and unfair labor practices. There are also state and local regulations that employers must follow.

How much is the minimum wage?

While the federal minimum wage is currently $7.25 per hour, many states and even some cities have higher requirements. Employers can't get around paying the minimum wage by paying with tips or commissions either. "You can't have a commission standard that pays less than federal minimum wage," Weinthal says.

Do all workplace laws apply to every business?

Not all workplace laws apply to every business and employee. For instance, some small businesses may be exempt from certain requirements, and managers may not have all the same wage protections as hourly workers. What's more, state laws can vary.

What is non-compete agreement?

These agreements generally stipulate employees can't work for a competitor for a certain period of time after leaving a company.

Can an employer ask about your age before you get hired?

Some employers may break the law before you even get hired. The EEOC enforces laws that prohibit a dozen different types of discrimination and, in most cases, employers can't use those factors in hiring decisions or even ask about them during the interview process. That means a job application can't ask for your age, marital status, religion or plans to become pregnant, among other things.

Same - Agreements Prohibited But Declared Not Void

• An agreement forbidden by statute may be saved from being void by the statute itself. Where a statute forbids an agreement, but says that, if made, it shall not be void, then, if made, it is a contract which the courts must enforce.31

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Same - Agreements Simply Void and Unenforceable

Same - Particular Agreements in Breach of Statute