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Attorney's confidentiality
Řípa, Jan ; Pohl, Tomáš (advisor) ; Střeleček, Tomáš (referee)
1 Abstract (eng) This thesis deals with attorney confidentiality which is the main standard of independent advocacy. First chapter of this thesis discuss the role of attorney in the society and consist of three subchapters about the fundamental right to legal aid, advocacy as freelance profession and about the role and status of advocacy in the law system. The second chapter introduces three main pillars of modern advocacy such as independency, autonomy and confidentiality. Each subchapter of this chapter contains one of the main pillars. The third chapter is exclusively devoted to attorney confindetiality. This part is divided into three subchapters, of which the first focus on historical developement of attorney confidentiality since the beginnings of advocacy to the modern age. The main theme of second subchapter is the explanation of the range of confidentiality, such as personal, factual and chronological scope. Third subchapter analyses main legal fields which touches and regulates legal confidentiality in advocacy. Specifically about advocacy, civil, crime, administrative and financial law. The fourth chapter of this thesis describes in detail very specific cases in which breach of attorney confidentiality is necessary and is expressly assumed, such as confidentiality waiver, cases of granting of...
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Social worker and his position in the Czech Republic
Šafaříková, Karolína ; Šotolová, Eva (advisor) ; Mlčková, Marie (referee)
The bachelor thesis is devoted to the profession of social worker of the Department of Social and Legal Protection of Children. The main topics of the thesis are the ethical codex, dilemmas of a social worker, methods of social work, requirements on expert knowledge, roles, target groups of social work and social services. The thesis independently defines a social worker as a social curator for adults, a social curator for minors, describes family and case conferences, points out the possibility of burnout syndrome and the importance of supervision. The attention is devoted to obstacles identified by the social worker in the exercise of his profession at the Department of Social and Legal Protection of Children. The second part of the thesis contains a questionnaire survey that observes and compares the positions and opinions of these social workers on their profession. The aim of this bachelor thesis is to introduce the position and prestige of a social worker at the Department of Social and Legal Protection of Children.
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The lawyer and the client - mutual rights and obligations
Kadlec, Vojtěch ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The aim of this thesis is to specify certain legal relationship arising between attorney and his client. This legal relationship characterises, to certain extent, role of attorney in the legal system of the Czech Republic and that is why it deserves attention. The main legal source for this thesis is Act No. 85/1996 Coll., on the Legal Profession, as subsequently amended. This act is interpreted in following chapters in coherence with other acts, subordinate legislation and professional rules. After brief introduction into the issue I focus on particular causes of the formation of attorney-client legal relationship. The origin itself is determining for specification of mutual rights of both subjects. Besides talking about the formation, I will also mention the rejection and termination of the legal relationship. The next chapter deals with the ethics in advocacy, which we should keep in mind while interpreting particular rights and obligations. Ethics is characteristic sign of attorney's profession. Chapters 5 and 6 are the actual core of this thesis, when interpreting individual rights, that constitute the actual attorney-client legal relationship. I systematically divided those rights and obligations according to the subject, which has the duty to ensure those obligations. In Chapter 5 I focus on...
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Professional Responsibility of Auditors and Tax Advisors
Dohnálek, Pavel ; Molín, Jan (advisor) ; Králíček, Vladimír (referee)
The primary objective of this diploma thesis, which focuses on the professional responsibility of auditors and tax advisors, is to provide a comprehensive view of this issue. The diploma thesis is divided into six parts. The first chapter describes general responsibility with an emphasis on professional responsibility. The second and third parts are devoted to the profession of auditors. The second chapter describes the profession of external and internal auditors in detail, and the third chapter deals with their professional responsibility, broken down into a moral and legal level of responsibility. The fourth and fifth chapters are devoted to the profession of tax consultancy, which is discussed in detail, followed by a part devoted to the professional responsibility of tax advisers. The last part of the thesis compares the professional responsibilities of the professions of auditors and tax advisors.
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Benedict's Book - Monastic Rule of Western
Valová, Terezie ; Veverková, Kamila (advisor) ; Lášek, Jan Blahoslav (referee)
Summary: The thesis focuses on a piece of work in the form of a monastic rule which considerably influenced the whole Christian world, significantly contributed to the formation of spirituality of monastic communities, shaped the European culture and has much to say even today. The rule derives its name from its author, St. Benedict of Nursia. Given the considerable impact of his work on shaping the subsequent history of monasticism, St. Benedict is rightly called the Father of Western Monasticism. The first part introduces the Rule of Saint Benedict (Regula Benedicti). It refers to the period of its creation when certain common foundations of monastic life existed but lacked any solid anchoring. Despite the existence of other monastic rules, the Rule of Saint Benedict became the leading one thanks to its clarity and brevity. The second part deals with the Rule of the Master (Regula Magistri), an anonymous collection of monastic precepts which played a significant role as a source material for the Rule of Saint Benedict. St. Benedict took a large number of rules from it while he edited some of the original rules and intentionally omitted others. He moderated the strict text of the Rule of the Master since he was aware of human weakness. He infused the precepts with love. The third part, the longest in its...
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The lawyer and the client
Šplíchal, Jan ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis deals with advocacy and content of the concept of advocacy, then elaborates the concepts of legal aid and legal service and looking for differences between these concepts. Thesis also offers a brief glimpse into the history of the legal profession and its evolution over the time. Furthermore, this thesis deals with the influence of the Czech Bar Association as an autonomous professional organization for practicing the legal profession and the provision of legal services by lawyers. Firstly, examines the Czech Bar Association and its organization and its jurisdiction and issuing professional rules. It also deals with other situations, which can occur under the influence of the Czech Bar Association. The thesis also outlines the basic elements of creation, content and termination of the relationship between the lawyer and his client. Individual elements of the content of the relationship attorney - client are analyzed in the fourth chapter. In particular, the duty of the lawyer to promote the rights and legitimate interests of the client's obligation not to lower the dignity of the legal profession, confidentiality, duty to inform the client and keep the documentation to be insured or the right of a lawyer to remuneration. Similarly thesis deals with the rights and obligations of the client....
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Attorney and client - mutual rights and obligations
Kuklík, Jiří ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Resumé Theme of this thesis is legal relationship attorney - client and their mutual rights and obligations. I focused on the current legal regulation contained in the Act No. 85/1996 Coll., advocacy law, and related legal regulations, primarily in professional regulation published by Czech bar association. My objective was to try to give all- embracing explanation of this theme even though I realised this theme and all its aspects is too extensive to be explained completely. This thesis is divided into six parts, which are further systematically divied into chapters. First part gives basic historical review of development of legal regulation of advocacy since ancient Rome. Second part gives definitions of the most important terms of this thesis - attorney and client, with evident orientation on legal regulation of conditions which must fulfil a person in orded to become an attorney. Third part deals with possible methods of constitution of legal relationship between attorney and client (to conclude a contract or to be appointed by court or to be designated by Czech bar assosiation) and related attorney's obligation to refuse to plead client in certain situations as well as termination of this relationship. Fourth part is dedicated to individual rights and obligations o attorneys and clients. Each one is...
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Change-of-shift report
Müllerová, Vendula ; Prošková, Eva (advisor) ; Strnadová, Alice (referee)
MÜLLEROVÁ, Vendula. Change-of-shift report. First Faculty of Medicine UK. Academic degree: Bachelor (Bc.). Supervisor: Mgr. et Mgr. Eva Prošková. Advisor: Mgr. Jan Běhounek. Praha, 2014. 60 s. The BA thesis focuses on a change-of-shift report in nursing. In its theoretical part, the author describes the concept of change-of-shift report, its purpose, contents, factors influencing information exchange, the context of a shift change and its relation to the care- giving process. Legal context of the report in terms of medical documentation and personal information confidential files is also Explorer. The thesis also concerns different ways of reporting. In the practical part, the attitude of professionals towards a change-of-shift report is mapped out. It discusses the use of information obtained from the report for realization of the care-giving process; benefits and obstacles in change-of-shift reporting at the bedside and overall satisfaction of nurses with the currently used way of change-of-shift reporting at their respective wards. Finally, the thesis attempts to propose an optimum solution for high quality change-of-shift reports. Keywords Change-of-shift report, documentation, legislation, care-giving process, observation, shift change, nurse, patient, silence
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Unlawful conduct in the economic area, possibilities for its exposure and prevention
Molín, Jan ; Králíček, Vladimír (advisor) ; Müllerová, Libuše (referee) ; Čunderlík, Petr (referee)
The dissertation thesis at large discusses the problems of unlawful conduct in the economic area, possibilities for its exposure and prevention issues. Every human conduct, apart from the legal viewpoint, may also be assessed from the moral viewpoint, whereas in this context, law is designated as the "moral minimum". From this relationship, we arrive at the conclusion that every instance of unlawful conduct is also immoral. On the contrary, conduct that complies with the law always need not be in compliance with the moral norms. In the Czech Republic, the New Criminal Code came into force on 1 January 2010, which also punishes the most severe forms of unlawful conduct and fundamentally affects performance of the accounting and auditing professions. Apart from some concept changes, this Codex also introduced, for instance, changes in the punishability of planning crimes. From the viewpoint of the auditor, tax adviser and accountant, barring of perpetration, whose commitment or planning authentically comes to the knowledge of the auditor, tax adviser or accountant seems to be fundamental. The issues of occupational fraud are mainly related to the problems of the auditing profession. These unlawful acts take various forms, which can be split into three basic groups, which are asset misappropriation, fraudulent statements and corruption. When exposing occupational fraud, as well as other forms of unlawful conduct, confidentiality issues are fundamental. In some cases, the law anticipates breaking through this confidentiality, mainly, for the purpose of exposing the most severe forms of unlawful conduct. Within the framework of prevention of occupational fraud, internal control systems play an essential role. It is possible to evaluate the existence of ethical codices, respectively, building of ethical corporate culture as very fundamental.
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Obligations of Patients and Medical Facilities in Public Health Protection
PRAŽMOVÁ, Zuzana
Personality rights are fundamental human rights which are the subject of much attention also during the provision of health care. A patient has right, above all, to data protection in his medical documentation, medical facilities have an obligation to maintain confidentiality on matters relating to the patient?s state of health. All therapeutic actions can be carried out only with the consent of a patient. However, the personality rights can be limited in order to protect public health. Legislation can impose a whole range of obligations and duties to patients and medical facilities in order to protect public health. The thesis summarizes fundamental legislation and regulations of the above mentioned issue. It describes a possibility to break the confidentiality in order to protect public health, a regulation of imposition of compulsory medical treatment and anti-epidemiological measures. The thesis briefly informs about company preventive care and related limited choice of a physician and a medical facility. The objective of the thesis was to find out the views of general public of limitations of personality rights in order to protect public health. For the practical part the method of quantitative research was chosen, the technique of a questionnaire. The research was conducted from January 2011 to March 2011 in the region of České Budějovice. The research group included 460 respondents, 405 respondents filled in the questionnaires properly and these were included in the research. To achieve the research objectives, three hypotheses were set. Hypotheses 1 and 3 were proven on the basis of obtained and statistically evaluated data. Hypothesis 2 was not proven. The research results demonstrated especially differences in respondents´ views of a possibility to refuse obligatory vaccinations.
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