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11-12-05 bayles, may, andre

11-12-05 bayles, may, andre - I Bayles Professional-Client...

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1.12.5 Bayles – Professional-Client Relationship I) Paternalism Relationship – like a parent-child relationship in that the professional looks after the best interests of the client and acts on behalf of them with or without consent a. Happens in case of incompetent clients, although, now clients can make choices for themselves in advance for future times when they may become incompetent later on i. Incompetent Client – those who can’t make their own decisions (unconscious, insane, underage) II) Fiduciary Relationship – professional, in good faith, maintains another’s good interests, but the client has final authority over decisions. The professional still has the most authority because they are the one giving the client the information and options May – Contract vs Covenant I) Contract – an agreement of what both parties agree to do that is mutually beneficial to both partners, an exchange of rights a.
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