What Must the Attorney Do Sample Clauses

What Must the Attorney Do. The attorney must advise the client of the legal consequences and practical consequences of the client’s withdrawal of consent. If the client persists in withdrawing consent to the agreement, the attorney must follow the client’s instructions and give notice of the client’s withdrawal of consent to the opposing party. Rule 1.02(a), TEX. DISCIPLINARY RULES OF PROF. CONDUCT.
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What Must the Attorney Do. The attorney must represent the client diligently and competently. Rule 1.01, TEX. DISCIPLINARY RULES OF PROF. CONDUCT. So long as the attorney continues to represent the client, the attorney must abide by the client’s decisions regarding general objectives of the case, methods of representation and settlement offers. Rule 1.02, TEX DISCIPLINARY RULES OF PROF.
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What Must the Attorney Do. T he disciplinary rules are broad and do not directly address this specific issue. Generally, the disciplinary rules require candor with the court and honesty in the attorney’s dealings with the opposing party and their attorney. An intentional omission from an order or decree of terms of the agreement or addition of terms to an order or decree which is not part of the agreement could be considered fraudulent. Presentation of the order or decree to opposing counsel without referencing terms added or presentation of the order or decree in a manner designed to conceal omissions certainly subjects the attorney’s conduct to scrutiny and/or criticism. This criticism is further bolstered by the provisions of Section III, paragraph 4 of the TEXAS LAWYER’S CREED which provides: "I will attempt to prepare documents which correctly reflect the agreement of the parties. I will not include provisions which have not been agreed upon or omit provisions which are necessary to reflect the agreement of the parties." The attorney must draw to the attention of the opposing attorney and party, any variations (omissions or additions) between the literal terms of the agreement and the proposed order or decree.
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Related to What Must the Attorney Do

  • Attorney-in-Fact Subject to the Intercreditor Agreements, Mortgagor hereby irrevocably appoints Mortgagee as its attorney-in-fact, which agency is coupled with an interest and with full power of substitution, with full authority in the place and stead of Mortgagor and in the name of Mortgagor or otherwise (a) to execute and/or record any notices of completion, cessation of labor or any other notices that Mortgagee reasonably deems appropriate to protect Mortgagee’s interest, if Mortgagor shall fail to do so within ten (10) days (or such longer period as Mortgagee may agree in its reasonable discretion) after written request by Mortgagee, (b) upon the issuance of a deed pursuant to the foreclosure of this Mortgage or the delivery of a deed in lieu of foreclosure, to execute all instruments of assignment, conveyance or further assurance with respect to the Leases, Rents, Deposit Accounts, Property Agreements, Tax Refunds, Proceeds, Insurance, Condemnation Awards and Records in favor of the grantee of any such deed and as may be necessary or desirable for such purpose, (c) to prepare and file or record financing statements and continuation statements, and to prepare, execute and file or record applications for registration and like papers necessary to create, perfect or preserve Mortgagee’s security interests and rights in or to any of the Mortgaged Property, and (d) after the occurrence and during the continuance of any Event of Default, to perform any obligation of Mortgagor hereunder; provided, however, that (1) Mortgagee shall not under any circumstances be obligated to perform any obligation of Mortgagor; (2) any sums advanced by Mortgagee in such performance that are payable under Section 4.9(b) shall be added to and included in the Secured Obligations and, if not paid when due, shall bear interest at the rate provided therefor in Section 2.13(c) of the Credit Agreement; (3) Mortgagee as such attorney-in-fact shall only be accountable for such funds as are actually received by Mortgagee; and (4) Mortgagee shall not be liable to Mortgagor or any other person or entity for any failure to take any action which it is empowered to take under this Section 7.3. Mortgagor hereby ratifies all that such attorney shall lawfully do or cause to be done by virtue hereof.

  • What To Do If You Find a Mistake on Your Statement If you think there is an error on your statement, write to us at: First National Bank of Omaha P.O. Box 3696 Omaha, NE 68103-0696 In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: The dollar amount of the suspected error. • Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: • Within 60 days after we send you the first statement on which the error or problem appeared. • At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: • If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. • If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.

  • What To Do If You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at the address(es) listed on your statement. In your letter, give us the following information:

  • Report of the Settlement Agreement to the Office of the Attorney General Of California

  • What To Do If You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at the address listed on your statement. In your letter, give us the following information: - Account information: Your name and account number. - Dollar amount: The dollar amount of the suspected error. - Description of problem: If you think there is an error on your xxxx, describe what you believe is wrong and why you believe it is a mistake. You must contact us: - Within 60 days after the error appeared on your statement. - At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing or electronically. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things:

  • Costs and Attorney Fees If either party shall be in default under this contract, the non- defaulting party shall have the right, at the defaulting party’s expense, to retain an attorney to make any demand, enforce any remedy, or otherwise protect or enforce its rights under this contract. The defaulting party hereby promises to pay all costs and expenses so incurred by the non-defaulting party, including, without limitation, reasonable attorneys’ costs and fees. The failure of the defaulting party to promptly pay the same shall constitute a further and additional default. In the event either party hereto institutes, defends, or is involved with any action to enforce the provisions of this contract, the prevailing party in such action shall be entitled to reimbursement by the losing party for its court costs and reasonable attorney costs and fees at trial and on appeal.

  • Attorney Review The Purchaser acknowledges that Purchaser has had the opportunity to consult with its legal counsel regarding the Agreement and that accordingly the terms of the Agreement are not to be construed against any party because that party drafted the Agreement or construed in favor of any Party because that Party failed to understand the legal effect of the provisions of the Agreement.

  • Broker or Attorney Fees All parties shall be responsible to pay their own broker, realtor, and attorney fees, if applicable.

  • STATEMENT OF ASSURANCES Grantee hereby assures OSHE that:

  • Contractor’s Xxxxxxxx to City Compensation. The Contractor shall send invoices to the City on a monthly or bi-monthly basis for the amounts to be paid pursuant to this contract. Each invoice shall document, to the reasonable satisfaction of the City: such information as may be reasonably requested by the City. Within 60 days after the City receives an invoice, the City shall send the Contractor a check in payment for all undisputed amounts contained in the invoice.

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