William Penn Life, 1996 (31. évfolyam, 1-12. szám)
1996-10-01 / 10. szám
Page 2, William Penn Life, October 1996 ATTENTION! William Penn LIFE Official Publication of the William Penn Association Published Monthly Office of Publication: 709 Brighton Road Pittsburgh, PA 15233 Phone: 412/231-2979 Third Class U.S. Postage Paid Pittsburgh, PA Permit No. 2724 George S. Charles, Jr. Editor-in-Chief Frances A. Furedy Richard W. Toth Associate Editors John E. Lovász Managing Editor NATIONAL OFFICERS George S. Charles, Jr. National President Frances A. Furedy National V.P./Treasurer Richard W. Toth Acting Secretary BOARD OF DIRECTORS Michael J. Hrabar Chairman Roger G. Nagy Vice Chairman Elmer A. Furedy Vice Chairman Anthony C. Beke Louis A. Fodor Barbara A. House Michael R. Kara Andrew W. McNelis George F. Mirkovich Michael F. Tomcsak Elmer W. Toth Frank J. Wukovits, Jr. Frank J. Radvany Secretary of the Board AUDITING COMMITTEE Charles J. Furedy Chairman Margaret H. Boso Secretary Dennis A. Chobody Joseph Hamari Robert A. Ivancso Ernest J. Mozer, Sr. CONSULTANTS Bruce &. Bruce Company Actuary Horovitz, Rudoy &. Roteman C.P.A. Rothman Gordon Foreman & Groudine, P.C. General Counsel Dr. Julius Kesseru Medical Director Unsolicited articles, letters manuscripts, pictures and other material submitted to the WILLIAM PENN LIFE are forwarded at the owner's risk, and the WILLIAM PENN LIFE expressly denies any responsibility tor their safekeeping or return. The WILLIAM PENN LIFE reserves the right to edit, revise or reiect any article submitted tor publication. Postmaster: If undelivered, please send form 3579 to: William Pc in Association 709 Bright an Road Pittsburgh, PA 15233 Official campers Sharing a few moments together during the Association’s Hungarian Language Camp at Penn Scenic View this August were (l-r): Endre Csornán, secretary of the Hungarian Reformed Federation of America; National Director Louis A. Fodor; Chairman of the Board Michael J. Hrabar; former National Director William C. Kohut; former National President Gay B. Banes; and National Director Elmer W. Toth. Attention Branches! It’s that time of the year again, time to finalize plans for two of the most important branch activities of the fraternal year: the annual family Christmas party and the election of branch officers. The success of both of these events is determined, in large part, by the number of members who participate. The first step towards ensuring a good turnout is to get the word out to your members, and a good way to do that is to publish the dates, times and locations for your election and party in the William Penn Life If you haven’t already done so, submit information about your Christmas party and branch elections to the Home Office as soon as possible. Deadline for our November issue is October 17. Parents & Grandparents Aunts & Uncles This year, give your children, grandchildren, nieces and nephews a gift that can last a lifetime. The William Penn Association offers a variety of juvenile life insurance plans that can provide children valuable life insurance benefits. • You can choose among a variety of whole life plans or among several term plans that can cover children from birth through their college years and beyond. • We offer plans that build cash values and plans that children can convert to adult policies as they grow older. • All our plans feature low rates and added benefits you won't get from most other insurers. To learn how our juvenile life insurance plans can benefit the children in your family, call your local William Penn representative or our Home Office, toll-free, at 1-800-848-PENN (7366) WILLIAM PENN ASSOCIATION rraternal Life Insurance and Annuities 709 Brighton Rd, Pittsburgh, PA 15233 Phone: (412) 231-2979 or 1-800-848-PENN (7366) FAX: (412) 231-8535 Conflicts of interest By Emil W. Herman, Esq., General Counsel One situation which can occur in the legal profession, in business situations, and in every day life is a conflict of interest. Lawyers often find themselves in potential conflict of interest situations. We represent many clients, some only once, others over a period of years, often for many different reasons. For instance, we may represent a doctor leasing office space, who wants us to negotiate the contract with the landlord. If we are later visited by a client who wants to sue the doctor for malpractice, our prior representation of the doctor could place us in a conflict of interest. We may have represented a husband and wife as the result of an auto accident in which they were injured. If they later divorce, either of them could ask the lawyer to represent them in the divorce. To do so could present a conflict of interest because of the lawyer’s prior representation of both of them. When a lawyer is placed in a conflict of interest situation, there are ethical obligations that must be met. In our doctor situation, if the lawyer has information about the doctor which would place the doctor at a disadvantage or give the lawyer an unfair advantage in the malpractice suit, the lawyer will probably be required to refuse to represent the malpractice client. Because the two representations were so dissimilar, however, the lawyer might be permitted to represent the malpractice client, but only if he obtained the approval of the doctor to the representation, and informed the malpractice client as well about the prior representation of the doctor. In the divorce situation the lawyer might also be required to seek the consent of the other spouse before representing the first one in the divorce. If the lawyer has information which could place the spouse not represented at a disadvantage, the lawyer could be required, however, to resign the representation. Another conflict situation can occur when a lawyer represents a corporation or partnership and its shareholders or partners get into a dispute about the actions of the business entity. Rather than take sides in the dispute, the lawyer may be required to refuse to represent either side. Even parties getting together to form a business entity can place the lawyer in a conflict situation. If three people come to the lawyer’s office and ask to form a partnership, one thing the lawyer will probably do is prepare a Partnership Agreement. That Agreement will define the partners’ relationship to one another. Each partner could legitimately be required to have his or her own counsel review the Agreement, and advise the partner. In most instances, nc .vever, tne lawyer who drafted the Agreement represents all partners, and attempts to draft a fair agreement for all of them. This is done with all parties knowing and consenting to the lawyer representing them in the matter. If one partner alone directs what is to go into the Agreement, however, the lawyer may be required to advise the group that the lawyer is only representing that one partner, and that the others, once they know, should either sign the agreement without legal representation, or obtain separate counsel. Another person often walking a conflict of interest fence is a real estate agent. If you are selling a home, you may contract with a real estate agent to represent you. In this age of multilistings, however, many real estate agents, and not just the one you have contracted with, may be trying to sell your home. An agent you may not know may bring potential purchasers to your home to view it. Who does that real estate agent represent? Surprisingly, in the majority of situations, the real estate agent is considered to be the seller’s agent, because the agent is paid a commission by the seller when the house is sold. In the multi-list situation, that commission may be split between two or more agents, but it is the seller who pays it nonetheless. When you contact a real estate agent and ask to be shown a house, you should clarify with the agent what his or her role will be. If the agent represents the seller, you should not disclose any strategy you may have for making an offer on the house, or other information which you would not want the owner to know. As the owner’s agent, the real estate agent would be under an obligation to report all of the information to the owner. If you want a real estate agent to represent you, and not the owner, you should enter into a separate contract with the agent, and agree to pay the agent a fee if the agent locates a home that you eventually buy. In this way, because you will pay the agent’s fee, the agent owes you loyalty, and must maintain as confidential information you disclose to the agent. If you have any topics you would like us to consider for this column, please send them to: Emil W. Herman, Esq., Rothman Gordon, Third Floor, Grant Building, Pittsburgh, PA 15219. Topics will be considered based on space consideration, interest to all readers, and appropriateness for general legal discussion.
