Professional Misconduct Among Lawyers - Free Essay Example

Sample details Pages: 11 Words: 3394 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? TITLE: REVIEW ON CASES OF PROFESSIONAL MISCONDUCT AMONG LAWYERS TOPIC: REVIEW ON CASES OF PROFESSIONAL MISCONDUCT AMONG LAWYERS. Introduction and Nature of Misconduct The field of law has numerous subdivisions of profession to be involved into. This includes conveyancer, barrister, solicitor, lawyer, public prosecutor, public defender, judicial commissioner, and judges. As all know, a career in the legal profession can be intellectually challenging, personally fulfilling and financially rewarding. The role of the lawyer varies significantly across legal jurisdictions. An important aspect of a lawyers job is developing and managing relationships with clients. The client-lawyer relationship often begins with an intake interview where the lawyer gets to know the client personally, discovers the facts of the clients case, clarifies what the client wants to accomplish, and shapes the clients expectations as to what actually can be accomplished, begins to develop various claims or defences, and explains her or his fees to the client.[1] However, this profession has its own adversity. It is duly acknowledge that a lawyer has a duty of care toward s their client. The breakdown of the fiduciary obligation will leads to misconduct in part of the lawyer. Misconduct can be defined as a dereliction of duty, which is unlawful or improper behaviour[2]. It also means no more than incorrect or erroneous conduct of any kind of a serious nature, and does not necessarily connote moral censure[3]. In legal terms, misconduct is wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of ones acts.[4] There are some other famous words which also have been used to describe the same meaning of misconduct i.e. negligence, misbehaviour, wrongdoing, and malpractice. Don’t waste time! Our writers will create an original "Professional Misconduct Among Lawyers" essay for you Create order Professional Misconduct General Overview Despite of the promising handsome wedges in return, a lawyer has a fiduciary duty and obligation to his client. The failure to oblige with the duty will amount to breach of duty or legally known as a professional misconduct. In general, professional misconduct can be well-defined as a behaviour considered by the governing body of a profession to be unworthy of member of that profession. This may lead to removal from a professional register[5]. Other than that, it is also known as professional malpractice. It is an instance of negligence or incompetence on the part of a professional. A legal malpractice is a lawyerà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to render professional services with the skill, prudence and diligence that an ordinary and reasonable lawyer would use under similar circumstances[6]. Professional misconduct was described in Re A Solicitor, ex p Law Society[7] as conduct which would reasonably be regarded as disgraceful and dishonourable by solicitors of good repute a nd competency. In other case of Myers v Elman[8] Lord Wright opined professional misconduct can be regarded as an act of gross neglect or inaccuracy and failure on the part of a solicitor to realize his duty to aid in promoting in his own sphere the course of justice. Misconduct among lawyers encompasses variety of issues related to unethical or illegal conduct by a lawyer. Misconduct of lawyers may include conflict of interest, over billing, refusing to represent a client for political or professional motives, false or misleading statements, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while neglecting to disclose prior law which might counter the argument, and in some instances having sex with a client.[9] In addition, lawyers are beneficiaries of the privilege of the practice of law and subject to higher duties and responsibilities than non-lawyers. A lawyers fiduciary duties arise from his status as a member of the legal profession and expressed in the applicable rules of professional conduct. The idea of professional misconduct commonly related to the act of negligence in some particular profession such as lawyer. Furthermore, a lawyerà ¢Ã¢â€š ¬Ã¢â€ž ¢s profession is accompanied with statutes which govern the practice of law through its establishment of rules of conduct. These rules are then adopted, sometimes in a modified form, by state courts and enforced by court-appointed disciplinary committees or bar council which the implementation varies by country. Beforehand, there are some elements that need to be fulfilled in order to prove an act of negligence. Mere mistake by a lawyer not easily fall within the definition of negligence. To prove negligence occurred in part of the lawyer, there must be a duty of care owed to the plaintiff which is breached such that damage results.[10] A general theory of negligence liability was laid down there in the landmark case of Donoghue v Stevenson[1 1] namely, à ¢Ã¢â€š ¬Ã…“I owe a duty of care to my neighbour and my neighbour is he whom I can reasonably foresee could suffer injury or damage by my actà ¢Ã¢â€š ¬Ã‚ . The principle in Donoghueà ¢Ã¢â€š ¬Ã¢â€ž ¢s case had been further clarified by Lord Wilberforceà ¢Ã¢â€š ¬Ã¢â€ž ¢s judgement in Anns v Merton LBC[12] that the principle had to be applied in two stages. The first stage was the determination of whether there was reasonable foreseeability of injury. The second stage was the determination of whether there were any considerations that ought to negative or reduce or limit the scope of the duty or the class of persons to whom it was owed or damages in respect of which recovery was possible.[13] Later, the decision in Annsà ¢Ã¢â€š ¬Ã¢â€ž ¢s case was reconsidered and overruled in Murphy v Brentwood District Council[14] where in that case there was certainly foreseeability of loss in part of plaintiff but proximity was absent. The issue of negligence liability in p art of the lawyer may arise usually when there is deficiency in execution of work for example, if he or she fails to provide competent representation to a client, to act with diligence and promptness regarding a clients legal concerns, or to keep a client informed of legal proceedings. Malaysian View In Malaysia, the legal profession is a fused profession. There is no distinction between the duties of a barrister and that of a solicitor, although in practice it is not uncommon to find certain practitioners merely indulge in solicitors work and some others undertaking solely litigation work. Yet, it does not mean that those undertaking litigation work are immune from negligence suit like in England before.[15] Under Malaysian law, misconduct is committed by an advocate and solicitor if a particular act or omission falls within Section 94 (3) (a) à ¢Ã¢â€š ¬Ã¢â‚¬Å" (o) of the Legal Profession Act (LPA) 1976. As can be seen in the particular section, the word à ¢Ã¢â€š ¬Ã…“includesà ¢Ã¢â€š ¬Ã‚  referring to the examples given are not thoroughly cover all possible misconduct that an advocate and solicitor may commit during the discharge of his professional duties. These are some examples of misconduct provided under the Act are as follows:- Conviction of criminal offence Breach of duty to a court including breach of an undertaking Dishonest and fraudulent conduct whilst in the discharge of duties Breach of the rules of practice and etiquette of the profession Being adjudicated a bankrupt and also contravening Section 33 of the Bankruptcy Act 1976 Giving gratification to any person for having procured a legal business Directly or indirectly procuring or attempting to procure legal business Accepting employment in any legal business through a tout Allowing an unauthorized person to carry on legal business Carrying on any business which is incompatible with the legal profession Breach of any provision of the LPA 1976 or any rules made thereunder Disbarment, striking off, suspension or censure of an advocate and solicitor in the capacity of a legal practitioner in any other country Charging grossly excessive legal fees Gross disregard of clientà ¢Ã¢â€š ¬Ã¢â€ž ¢s interest Being guilty of any conduct which is unbefitting of an advocate and solicitor Section 117(4) of LPA 1976 further states that any provision in the agreement which states that the advocate and solicitor shall not be liable for negligence or that he shall be relieved from any responsibility to which he would otherwise be subject as an advocate and solicitor, shall be wholly void. It is therefore submitted that there is a contractual relationship between an advocate and solicitor and a client. The contractual relationship requires the advocate and solicitor to carry out the duties entrusted upon him with due care and skill. Any shortcomings on the part of an advocate and solicitor in doing so would necessarily allow a client to commence a suit in negligence against the said advocate and solicitor.[16] Then it would be up to the court to decide that the said advocate and solicitor was in fact committing negligence. The effect on professional misconduct was provided in Section 94 of LPA 1976 where any advocate and solicitor who have been guilty of any miscon duct shall be liable to be struck off the Roll or suspended from practice for any period not exceeding five years. In Re An Advocate v Solicitor[17], the court recorded a censure and ordered the respondent to pay costs as the solicitor had prepared an affidavit that is untrue, and that is known to him to be untrue. The court held that this to be a very serious offence. In some cases of his kind the appropriate penalty would be either to strike off the offender (if it was a very bad case) or to suspend him for a period of time.[18] Cases on Professional Misconduct Among Lawyers Section 94 (3) (b) of LPA 1976 provides that all attorneys and solicitors are subject to disciplinary actions if guilty of any misconduct breach of duty to a court including any failure by him to comply with an undertaking given to a court. In Home Office v Harman[19], a long term prisoner brought an action against the Home Office on the allegation that his detention was unlawful as he was kept in an experimental control unit isolated from the rest of the prison system. The prisoner was represented by a solicitor who had obtained documents in relation to setting up the prison by way of discovery. The solicitor had given an express undertaking that the document will not be used for any other purpose other than the case at hand. However, in breach of this express undertaking, the solicitor had allowed the journalist to have access to the said documents which resulted in the publication of a highly critical article about the Home Office. The Home Ministry then brought an action bef ore the court. The House of Lords held that Harman was found guilty. Section 94 (3) (d) of LPA 1976 provides that all attorneys and solicitors are subject to disciplinary actions if guilty of any misconduct of breach of any rule of practice and etiquette of the profession made by the Bar Council under the Act or otherwise. In Lim Soh Wah Anor v Wong Sin Chong Anor[20] the Court of Appeal had occasion to consider the consequences of an advocate and solicitor failing to be present in court on the trial date and also failing to inform the client of the trial date. The Court of Appeal in holding the advocate and solicitor liable in negligence held that it is a fundamental duty of a solicitor to diaries the cases and keep the clients informed of dates and prepare the case with the client. In Saif Ali v Sydney Mitchell Co[21], the plaintiff who was a passenger in a van was injured in a collision with a car driven by Mrs S. He was advised by a barrister to sue Mr S but it turne d out that Mr S might be the wrong party to sue since he was not the one who drove at the time accident occurred. Counsel advised that no amendment of the pleading was necessary and later when the action against Mr S was dropped, it was too late to sue Mrs S. In holding the barrister liable for negligence, the House of Lords was impressed by the fact that the barristerà ¢Ã¢â€š ¬Ã¢â€ž ¢s negligence was the failure to advise that Mrs S should be joined as defendants. In other case of Neogh Soo Oh v Rethinasamy[22], the court held that a solicitor who did not conduct a land search failed to inform the client that the land which he wished to purchase has already been gazetted for compulsory acquisition. The court held that the solicitor is liable for negligence for breach of duty of care. In an illuminating judgment, his Lordship Gunn Chit Tuan J (as he then was) held that the defendant had failed in his duty to use reasonable care and skill in giving his advice and taking such acti on as the facts of this particular case demanded of a normally competent and careful practitioner. Section 94 (3) (i) of LPA 1976 provides that all attorneys and solicitors are subject to disciplinary actions if guilty of any misconduct allowing any unauthorized person to carry on legal business in his name without his direct and immediate control as principal or without proper supervision which makes him unfit to be a member of his profession. In Myers v Elman[23] illustrates the example of allowing an unauthorized person to carry on legal business of a lawyer. In this case, the respondent was a solicitor on record to one of the defendants. At the close of the case, the plaintiff made an application that the respondent should be ordered to pay the costs of the action on the ground that he had been guilty of unprofessional conduct. It was proved that the respondent had left the conduct of the case in the hands of his managing clerk, who was not a solicitor to prepare affidavit s. The House of Lords in finding the solicitor guilty of professional misconduct held that as a solicitor he could not escaped his responsibility to the court for the proper discharge of his duties to the court by delegating them to a managing clerk who was not personally amenable to the jurisdiction exercised by the court over solicitors as its officers. Lord Atkin further held that the court is not concerned with a breach of duty to the other litigant, but the breach of duty itself.[24] Some of reported cases show that advocates and solicitor may found guilty for misbehaviour and improper conduct in court which leads to the offence of contempt of court. In the case of Re Kumaraendran, An Advocate Solicitor[25], the counsel was defending an accused person charged with an offence under the Corrosive and Explosive Substances and Offensive Weapons Ordinance 1958. The defence counsel was shouting at the witness and had failed to conduct the case with decorum and proper manner. T he learned President, Low Hop Bing recorded the defence counselà ¢Ã¢â€š ¬Ã¢â€ž ¢s disorderly behaviour. The defence counsel later made an application to court for the matter to be heard by another judge. The court then ruled that the advocate had committed contempt of court and committed the advocate to two days imprisonment. Another case of Re TT Rajah; The Law Society of Singapore v Tampoe T Rajah[26], the respondent an advocate and solicitor used grossly offensive and improper expressions and threatening gestures to the defence counsel. The respondent had called the DPP, a government agent, a running dog and the court à ¢Ã¢â€š ¬Ã¢â‚¬Å" a police court, an organ of power. The Attorney General then complained to the President of the Law Society who then instituted disciplinary proceedings. The Disciplinary Committee found the respondentà ¢Ã¢â€š ¬Ã¢â€ž ¢s conduct in court to be professional misconduct and ordered that he be suspended from practice for two years. On appeal to th e court, his Lordship Wee Chong Jin CJ upheld the decision of the Disciplinary Committee. Immunity against Civil Suit Notwithstanding of the cases given, the existence of immunity to advocate and solicitor from negligence liability is still an open question. In England, although a barristerà ¢Ã¢â€š ¬Ã¢â€ž ¢s immunity from negligence liability has a history of some 200 odd years; its precise formulation was of recent vintage and appeared in some cases.[27] In Rondel v Worsley[28], the appellant had been represented in a criminal assault charged by the respondent barrister on a dock brief. After his conviction, he brought a negligence suit against the respondent alleging that the respondent had been negligent in undertaking his defence, inter alia to reveal and prove that the victimà ¢Ã¢â€š ¬Ã¢â€ž ¢s wounds were not caused by a knife and the appellant was not in a the habit of using a knife. The allegation was negligence in failing to put certain questions to witnesses and failing to call certain witness. The House of Lords agreed with the Court of Appeal that no reasonable cause of action was disclosed affirming the rule that the barrister was immune from any negligence liability. Based in this case, there is rejection of the popular theory, which singling out of public policy in the administration of justice as the sole foundation of a barristerà ¢Ã¢â€š ¬Ã¢â€ž ¢ immunity. A first consideration was that a barristerà ¢Ã¢â€š ¬Ã¢â€ž ¢s duty to advance his clientà ¢Ã¢â€š ¬Ã¢â€ž ¢s interest must be subject to a higher duty to the court to assist. In the absence of any immunity would mean that a disgruntled client who has been successfully prosecuted in a criminal suit can raise the issue of his guilt again in a civil suit for negligence against his barrister. This would have the undesirable consequence of retrying the criminal action in a civil action where the burden of proof is very different.[29] Conclusion In the statements of Datuk Seri Dr Rais Yatim, Minister in the Prime Ministerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Department (as he then was), published in the newspapers on 30 June 2002, there are almost 400 complaints against lawyers was reported in Malaysia. With the membership of the Malaysian Bar growing at a fast rate (there are now about 10,300 lawyers on the Roll of Advocates and Solicitors), it is conceivable that instances of misconduct have correspondingly increased.[30] The Bar Council shall take a serious outlook of all complaints by the public about the misconduct of lawyers, and shall always taking steps to reduce the number of misbehaving lawyers. REFERENCES Paul J. Zwier. Anthony J. Bocchini. Fact Investigation: A Practical Guide to Interviewing, Counselling, and Case Theory Development. 2000. Louisville. National Institute for Trial Advocacy. L. B. Curzon. Dictionary of Law. 6ixth Edition. 2003. Malaysia. International Law Book Services. Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Journal. Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. Legal Profession Act (LPA) 1976. Re A Solicitor, ex p Law Society [1912] 1 KB 302. Myers v Elman [1939] 4 All ER 484, HL. Donoghue v Stevenson [1932] AC 562. Anns v Merton LBC [1978] AC 728. Murphy v Brentwood District Council [1991] 1 AC 398. Re An Advocate v Solicitor [1962] MLJ 125. Home Office v Harman [1986] 1 MLJ 299. Lim Soh Wah Anor v Wong Sin Chong Anor [2001] 2 AMR 2001. Saif Ali v Sydney Mitchell Co [1980] AC 198 Neogh Soo Oh v Rethinasamy [1984] 1 MLJ 126 Myers v Elman [1939] 4 All ER 484, HL Re Kumaraendran, An Advocate Solicitor [1975] 2 MLJ 45. The Law Society of Singapore v Tampoe T Rajah [1973] MLJ 79. Rondel v Worsley [1969] 1 AC 191 Misconduct of Lawyers. 2002. Malaysian Bar Council. R v Pharmaceutical Society ex p Sokoh (1986) The Times, 4 Disember 1986. Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary. Seventh Edition. https://en.wikipedia.org/wiki/Misconduct https://en.wikipedia.org/wiki/Attorney_misconduct [1] Paul J. Zwier. Anthony J. Bocchini. Fact Investigation: A Practical Guide to Interviewing, Counselling, and Case Theory Development. 2000. Louisville. National Institute for Trial Advocacy. [2] Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary. Seventh Edition. [3] Webster J in R v Pharmaceutical Society ex p Sokoh (1986) The Times, 4 Disember. [4] https://en.wikipedia.org/wiki/Misconduct [5] L. B. Curzon. Dictionary of Law. 6ixth Edition. 2003. Malaysia. International Law Book Services. [6] Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary. Seventh Edition. [7] [1912] 1 KB 302. [8] [1939] 4 All ER 484, HL. [9] https://en.wikipedia.org/wiki/Attorney_misconduct [10] Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Journal. [11] [1932] AC 562. [12] [1978] AC 728. [13] Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Jour nal. [14] [1991] 1 AC 398. [15] Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. [16] Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. [17] [1962] MLJ 125. [18] Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. [19] [1986] 1 MLJ 299 [20] [2001] 2 AMR 2001 [21] [1980] AC 198 [22] [1984] 1 MLJ 126 [23] [1939] 4 All ER 484, HL [24] Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. [25] [1975] 2 MLJ 45. [26] [1973] MLJ 79. [27] Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Journal. [28] [1969] 1 AC 191 [29] Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Journal. [30] Misconduc t of Lawyers. 2002. Malaysian Bar Council.

Hiv Is A Disease That Affects Human Immune System - 900 Words

There are plenty of scary and damaging myths about HIV, most of which exist because people are scared of it. You cannot get it from kissing, sharing exercise equipment, animal scratches, sneezing, and you will not even catch it if somebody ejaculates onto your skin unless they do it onto an open and bleeding wound. 1 - You Can Catch It From Lipstick Women sharing lipstick will not pass HIV along, nor will kissing women that have shared lipstick. You can catch other things such as Herpes from kissing, and even from sharing lipstick. 2 - HIV Started With A Man Humping A Monkey This is a very untrue myth. HIV is a disease that affects certain primates. In some it lies dormant and does nothing, but in humans it causes the degradation and destruction of the human immune system. It was and is passed through humans eating primate (monkey) flesh without cooking it properly. 3 - You Can Get HIV From Being Poked With A Needle This myth came from both a misunderstanding and an urban legend. The urban legend is that people would tie syringes under handrails in tower blocks. People would walk down the stairs with their hands on the rail and be poked by the needle underneath. To the side of the rail is the words, Welcome to the world of AIDs. That is the urban legend, but the truth is that it is very difficult to become infected with HIV that way. The virus dies very quickly in open air. However, if there is blood inside the syringe and it is injected into you, then you mayShow MoreRelatedHIV and Aids are something that have been a major problem in a large part of the world for many1400 Words   |  6 PagesHIV and Aids are something that have been a major problem in a large part of the world for many years. These viruses have destroyed many families and have taken many people’s lives. There are many different ways for a person to receive the virus. As of today, there is still no cure for these horrible diseases. 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EVS Implementation On Engineering Project

Question: Describe about the Expert System Application for Evaluation of the Engineering Projects with the Earned Value System Implementation? Answer: Abstract Assessment of the performance measurement of a project include the investigation of the total budget, examination of the work was done and analysis of the schedule. The project management process makes it difficult for the management authorities to control the progress of the project if the initial assessment of the project is not known. Considering, this issue, this research proposal is prepared, where the researcher aims to is to investigate the effectiveness and efficiency of Earned Value Management System in the Expert System Application for the Evaluation of the Engineering Projects. To do so, the researcher has performed a review of the literatures related to the study area. Later, the research proposal also demonstrates the implementation of various research methodologies for further research and development on the subject. The data is collected from different expert system application for evaluation of the engineering projects with the application of the earned value system i mplementation. In this research proposal, the data collected will be analyzed accordingly to achieve the results to gain the aim of the research. 1. Research Aim The primary aim of this research is to investigate the effectiveness and efficiency of Earned Value Management System in the Expert System Application for the Evaluation of the Engineering Projects. The focus of this study comprises of the need of need of Earned Value Management System (EVMS) in Engineering Project, the productiveness of the system in analyzing the overall budget, the scheduling plan and the variance of the current project from the planned or proposed system (Colin and Vanhoucke 2015). The research paper deals with the data collection process from various finished engineering projects. The effectiveness of the planning of the project with the analysis of Earned Value System is compared with the effectiveness of the project planning without the analysis of Earned Value System is examined. The principle aim of the research is to scrutinize the supremacy of the Earned Value Management System in successful organization of the project and how it helps in overall project planning (Fleming and Koppelman 2013). 2. Background and rationale of the Study The Earned Value Management System or the EVMS is an effective tool to measures the tracks and exercise the physical scope of any project. The EVMS evaluated and integrated the project in a systematic way to measure the cost, technical scope and effective schedule of the task or any project (Batselier and Vanhoucke 2015). The implementation of the EVMS helps the researchers to have a clear and detailed view of the project planning including the overall budget of the project, the integrated schedules of sub-divisions in the project, technical milestones to be achieved and the critical programming in the project. EVMS is required for all the projects where the successful implementation of the project is largely dependent on the planning degree and effort for the application. According to Gupta (2014), the EVMS felicitates to control the project progress. EVMS scales the current status of the project and the variance from the actual schedule of the planned project. The EVMS is a versatile tool that can be applied to projects of various size, complexity and type. The Earned Value Management System is the only current evaluation technique that traces the project regarding cost, time and work. The periodic analysis of Earned Value System helps the implementations and researchers to evaluate the current progress of the project. 3. Research Objectives To understand the need of EVMS in the project management procedure; To comprehend the importance of evaluating the budget and task scheduling; To identify with the significance of effectiveness and efficiency of EVMS in project planning; 4. Research Questions What is the significance of Earned Value Management System in the Engineering Project? How efficient the EVMS is in evaluating the composite cost, scheduling tasks and scope of the project? How effectively the EVMS manifest the past subtask, and the current subtask while predicting the future schedule and guideline for subsequent tasks? 5. Terminology Some specific terminologies are defined in the context of EVMS EVA (Earned Value Analysis): The Earned Value Analysis is the method or procedure of assessing the projects status in any given time and forecasting the future scheduling, final cost and completion date (Haghighi et al. 2015). EVM (Earned Value Management): The Earned Value Management is a methodology or techniques to evaluate the performance of the project in terms of a Work Breakdown Structure (WBS) (Kwak and Anbari 2012). EVMS (Earned Value Management System): The Earned Value Management System is the tools, process and procedure used by an organization or the group of people to process the EVM in the project. (Macdonald 2013) 6. Problem Statement Expert system application for the engineering projects with Earned Value System Implementation is cost efficient project. Therefore, most of Earned Value system costs are in the area of engineering project most responsible for the control management system. Zhang, Li and Tang (2014) opined that majority of engineers are typically responsible for the report and variance analysis. Moreover, in order to implement EVMS criteria, need to ensure the compliance. Evaluation of the Engineering Project with the Earned Value System, many limitations were found in spite of the different advancement of the technologies used in EVMS. Due to various factors in the management of the earned value system, the system fails to produce efficient and effective results as required. Thus, the research paper on the EVMS becomes most essential and inevitable. 6. Literature Review The main objective of the research on Earned Value Management System is to recognize the potential of EVMS on the Expert System Application for Evaluation of the Engineering Projects. First the effectiveness of the EVMS is in terms of evaluating the scheduling of the project is done (Gupta 2014). The literature review deals with the investigation and the evaluation of the previous research on the implementations of Earned Value System and the current theories that proposed on the system. Different researchers are taken into account, and a detailed review is presented about it. 6.1. Work-Breakdown Structure Work Breakdown structure is the procedure in breaking up the complex project into simpler subdivisions and easily manageable tasks (Colin and Vanhoucke 2015). The most difficult and critical tasks while engaging the project in EVMS is to divide the project scope in different sub tasks. The Work Breakdown Structure is most difficult for implementation in the software development in the engineering projects. Without the specific information about the whole project, it is difficult to analyze the percentage of the work done in the given time (Wu and Hsieh, 2012). The WBS is used by the engineer to decompose the project into small and feasible task packages. Without the use of WBS, the complete budget and schedule of the project cannot be accurately deliberated. According to Acebes et al. (2015), the project leader uses the WBS in the Earned Value Management Technique. Yet, the EVMS fails to evaluate the correct and accurate scheduling and cost forecasting in the project. This happens because the different team member fails to value the importance of the work breakdown structure from the beginning. Furthermore, the minimum cooperation between the project members fails to correct evaluation of the EVMS. Moreover, the incomplete requirement for the project results in the incomplete evaluation of the work breakdown structure (Williams-Jones and Potvin, 2013). This is not recognized by the project members at the beginning and the stakeholders. The pitfall of this also occurs, when all the requirements are gathered in the initial stage of project management but is not checked of verified if the WBS implemented matches the requirements of the project. These faults can be avoided by maintaining a WBS dictionary and list the requirement properly (Ts erng et al. 2015). The dictionary also inspects the every element if covered by the WBS. Additionally, another fatal problem encountered in developing the faulty EVMS is that the project member does not develop the task following the WBS. 6.2. Using CPI for determining the final cost The CPI is used to analyze the project and determine the final cost of the project at the beginning. The CPI is an effective tool that helps in estimating the cost efficiency of the project in the earned value management system. The Cost Performance Index or simply, the CPI is an indicator of the budget efficiency of the project (Willems and Vanhoucke, 2015). The Cost performance index analyze the work being completed on the project on every unit of cost utilized. The cost performance index can be evaluated by dividing the earned value to the project with the actual cost required for the project. The formula can be represented as CPI = EV/AC (Tsui 2013) From the above formula, it is concluded by Vignesh and Sowmya (2013) that if the evaluated CPI is less than one, it indicated that the project is over budget. In other words, the project is spending more money than planned. If the CPI is evaluated is greater than one, it indicates the project is under budget (Vignesh and Sowmya, 2013). In other words, the project is spending less money that planned. If the evaluated CPI is evaluated equals to one, it indicates the project is progressing as planned in the initial stage. If there is a consistently high or low CPI value in every analysis, it indicates some error in the project and all estimations and requirements are checked and verified again to estimate the effective EVMS (Zhang Li and Tang 2014). It is found from various researchers, that in 90 % of the time, the schedule is incorrect as described by the client. Due to different miscommunications, constraints misuse, quantity errors and including an incorrect rate of the project, the budget of the project is calculated wrong from the very beginning of the project. This resulted in the incorrect analysis of the cost performance index that furthermore delayed the project and drastically effect in the earned value management system. 63. To-Complete Performance Index Another practical assessment tool for the evaluating the EVMS is To-Complete Performance Index (TCPI). The TCPI tool is the comparatively new tool used in the earned value management system. The TCPI tool is used for forecasting the performance level of the project. The TCPI gives the future guidance of the cost performance index in the future tasks. The TCPI helps the project to complete within the remaining budget and time. TCPI assists the project to be completed within the deadline and having the required level of performance. The analysis of the TCPI is done by dividing the remaining work of the project by the remaining budget of the project. The TCPI formula can be represented as TCPI= remaining work / remaining budgets (Tserng et al. 2015) Furthermore, the remaining work of the project can be calculated by subtracting the earned value from the initial budget of the project. The to-complete performance index is used for analyzing the future cost performance of the required performance (Tserng et al. 2015). If the project is on under budget, the TCPI is calculated on the basis of BAC (Budget at completion). And if the project is over budget, the TCPI is calculated on the basis of EAC (Estimate at Completion). According to Gupta (2014), the progressive CPI helps in stabilizing the project about 20 % of the project completion. Various researches have shown that the CPI does not change more than 10% and at dome cases, the CPI tends to worsen the project condition. The forecasting tool, to-complete performance index assists in analyzing the future efficiency of the required project. TCPI is done in order to complete the project within the planned time. If the TCP index is less than one, it means the project is running smoothly (Vignesh and Sowmya 2013). But the alternative, that is not true for the other performance indexes. In spite of all the techniques used in the earned value management system, the system fails to produce accurate results as required for the planning of the project. This occurs due to the inadequate collection of cost (Acebes et al. 2015). There is a limitation in the cost collection system that only records the costs only for pain invoices received. There is always an influence of the management in the schedule and cost estimation that result in insufficient effect in the earned value management system. 7. Thesis Statement The thesis statement focuses on the fact that that a number of project developers are implementing the earned value management system that helps in the determining and analyzing the current status of the project. 8. Methodologies For the measurement of the overall project performance the proposed research deals with the various participants, different instruments of analysis and the procedure to apply in the research (Hall 2012). Different variations in the earned value management system is recommended for the most effective and efficient results. 8.1 Research Design The importance of the research methodology is the fact, that the information is well structured and defined. The sequential approach to a collection of data and well-defined and transparent approach will help the researcher to convey the research process in an efficient manner (Yin 2013). The research design is considered as the blueprint of every details and work involved in the analysis and collection of data during the research process (Pickard, 2012). There exists three type of research designs that includes descriptive, explanatory and exploratory. The researchers will choose from these research designs to carry forward the research (Kwak and Anbari, 2012). In this research paper, the researcher will choose descriptive research design to collect and analyze information from observation of the participants, a viewing method of the whole process and recording the participants in details (Willems and Vanhoucke 2015). The researchers in this proposal will get the freedom to explain the research problem and the knowledge regarding the problem. 8.2. Constraints The expert system application for the evaluation of engineering projects takes the authority in providing the high precision in the work done with the implementation of the earned value management system (Bryman 2012). The recent technologies have provided for the improved and better analysis of the estimated cost and planning the schedule of the project. The research of the proposed experiment will be carried fifty teams of engineers each consisting of ten members. The targeted engineers will be evaluated on the basis of the efficiency of the tasks with the implementation of EVMS during their project. For this particular study, the selected tem of engineers will help in represent the trained members for the required project. 8.3. Resource Requirements In terms of conducting the research, analyst will gather information from both primary and secondary sources. In terms of collecting information from secondary sources analyst will use several the university library database. Apart from that, analyst will also use scholarly articles in terms of preparing the research project. The detailed survey will be conducted about the correlation between the team members and the evaluation of the project (Fleming and Koppelman, 2013). The team engineers will be informed via emails to their personal mail accounts about the interview process at least 24 hours before the process. The personal interview will not last more than thirty minutes. Furthermore, the analysis of every data and details done by during the project will be taken into consideration. On the other hand, in terms of collecting data from the primary sources, researcher will gather some respondents who relates with the EVMS technology and through the questionnaires will gather inform ation. The participants of the project will be observed in every step of the project and analyzed in details (Fowler Jr 2013). The researchers will create a formal line of inquiry during the data collection processes. Furthermore, the researcher will allow the review of all the instruments used in the research to be verified and tested by the research (Hall, 2012). This will ensure the transparency and ability to understand the questions by all the members of the project team. The evaluation process will be made more summative and formative. This will help the researchers to set up the questions more related to the research topic (Pickard 2012). To increase the validity and reliability of the questions used in the research study different protocols will be used while setting up the questions. 8.4. Analytical Techniques In this particular research, analyst will identify the qualitative characteristics that will be the most appropriate method for decision making and making a useful conceptual framework in terms of comparing benefits and costs of EVMS project. This report will have two analytic methods such as Reliability and Relevance (Haghighi et al. 2015). Within the relevance method, three different methods will employ such as predictive value, timely and feedback value. Predictive value will help in finding the oversight personnel and the usefulness of information variances. Variance analysis will employ for making decision of feedback of the selected respondents. From the point of view of Reliability, same database will verify. Analyst will use bias free information. Therefore, these technologies will help in restoring the balance of EVMS technology in the engineer project with the earned value system analysis (Fowler Jr, 2013). Through these analytics tools, analyst will able to make an ultimate decision with the marginal benefits of EVMS with the Earned Value System. 8.5. Data Collection and Data Analysis 8.5.1 Data Collection For this particular research, data will collect from both primary and secondary sources. All the information will extract for identifying the EVMS technology with the earned value system. Analyst will select both primary and secondary sources in terms of providing the useful materials that helps in gaining the information for this particular research study. As opined by Batselier and Vanhoucke (2015), primary data are the raw data that influence the research project directly. However, primary data are the first hand data that will enhance the reliability as well as validity of the research. On the contrary, secondary data sources are used in widening the research area and conduct the study in such a better manner with description. 8.5.2 Data Analysis In this research study, response will structure with the closed ended questions based on the percentages. However, analyst will analyze the percentage of response through using several analytics tool such as regression analysis, t-test, z-test, etc. All the collected data will be analyzed using the data analytics tools SPSS (Statistical Packaged for Service Solution). 9. Ethical Considerations To successfully perform the research works, some aspect s are to be considered as follows- Prior to the execution of the research work, the researcher need to get permission from the IT firms developing the project. Prior to the data collection process, the consent of the engineers working on the project need to be taken. The team members must have respect for the different persons working in the research procedure as well as the team. The research procedure will be non malefficience towards the project (Miller et al. 2012). No remuneration will be provided to the participants in the research. References Acebes, F., Pereda, M., Poza, D., Pajares, J. and Galn, J.M., 2015. Stochastic earned value analysis using Monte Carlo simulation and statistical learning techniques.International Journal of Project Management,33(7), pp.1597-1609. Andrews, D.F. and Herzberg, A.M., 2012.Data: a collection of problems from many fields for the student and research worker. Springer Science Business Media. Batselier, J. and Vanhoucke, M., 2015. Empirical evaluation of earned value management forecasting accuracy for time and cost.Journal of Construction Engineering and Management,141(11), p.05015010. Bryman, A., 2012.Social research methods. Oxford university press. Colin, J. and Vanhoucke, M., 2015. A comparison of the performance of various project control methods using earned value management systems.Expert Systems with Applications,42(6), pp.3159-3175. Erickson, F., 2012. Qualitative research methods for science education. InSecond international handbook of science education(pp. 1451-1469). Springer Netherlands. Fleming, Q.W. and Koppelman, J.M., 2013. Earned Value Project Management A Powerful Tool for Software Projects.Software Management,16, p.337. Fowler Jr, F.J., 2013.Survey research methods. Sage publications. Gupta, R., 2014. Earned Value Management System.International Journal of Emerging Engineering Research and Technology,2(4), pp.160-165. Haghighi, M., Zowghi, M., Zohouri, B. and Zowghi, M., 2015. Project Earned Value Management in Fuzzy Environment.Studies in Management and Applied Engineering,1(1), pp.1-10. Hall, N.G., 2012. Project management: Recent developments and research opportunities.Journal of Systems Science and Systems Engineering,21(2), pp.129-143. Kwak, Y.H. and Anbari, F.T., 2012. History, practices, and future of earned value management in government: Perspectives from NASA.Project Management Journal,43(1), pp.77-90. Macdonald, R., 2013.A Report on Earned Value Management. GRIN Verlag. Miller, T., Birch, M., Mauthner, M. and Jessop, J. eds., 2012.Ethics in qualitative research. Sage. Pickard, A., 2012.Research methods in information. Facet publishing. Tserng, H.P., Lin, W.S., Li, C.C., Weng, K.W. and Loisel, D.C., 2015. Research on the Earned Value Management System Applied in Consultancy Project Performance.Journal of Marine Science and Technology,23(1), pp.21-35. Tsui, F., 2013. Analysis and Application of Earned Value Management in Software Development.Southern Polytechnic State University, Marietta, Georgia, USA. Vignesh, N. and Sowmya, S., 2013, December. Analysis of Estimate at Completion of a Project's duration to improve Earned Value Management System. InInternational Journal of Engineering Research and Technology(Vol. 2, No. 10 (October-2013)). ESRSA Publications. Vignesh, N. and Sowmya, S., 2013, December. Analysis of Estimate at Completion of a Project's duration to improve Earned Value Management System. InInternational Journal of Engineering Research and Technology(Vol. 2, No. 10 (October-2013)). ESRSA Publications. Willems, L.L. and Vanhoucke, M., 2015. Classification of articles and journals on project control and earned value management.International Journal of Project Management,33(7), pp.1610-1634. Williams-Jones, B. and Potvin, J., 2013. Barriers to Research on Research Ethics Review and Conflicts of Interest.IRB: Ethics Human Research,35(5), pp.14-20. Wu, I.C. and Hsieh, S.H., 2012. A framework for facilitating multi-dimensional information integration, management and visualization in engineering projects.Automation in Construction,23, pp.71-86. Yin, R.K., 2013.Case study research: Design and methods. Sage publications. 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Tex Rickard The Story Of His Life. The Man Who Was Known As Tex Ricka

Tex Rickard: the story of his life. The man who was known as Tex Rickard, was born on Jan 2, 1870 with the byname of George Lewis Rickard. He led a life of different jobs, I guess you could say he was a jack of all trades. His life, or the part of it that dealt with the gold rush, was what I would say as, short lived. After raising cattle in Texas, and ruling a little town as the town marshal he decided to move on to something different. He moved to a small city in Nevada called Goldfield. Goldfield was a boom town, which came about with the help of gold, and the fact the Rickard set up a casino. Now Tex didn't make his money by mining for gold in California or in Nevada, but instead he was a professional gambler, and fight promoter. It is his final profession that he decided to stick with, and to say the least, he was most prosperous in this final job. As a fight promoter his life was very active. To publicize the community he decided to promote the world lightweight title fight b etween Joe Gans and Oscar Nelson. The fight was a long one, not only was it more then the normal 12 rounds, but it was nearly 4 times the normal, being 42 rounds in length. This would be the start of something big for Rickard. In 1920 he gained control of Madison Square Garden, and in his new arena he would stage the first million dollar fight, this would be the first of five million dollar crowds. Rickards achievements didn't just come to him by luck. He made boxing a sport for all races and both the sexes. He appealed to the racism in people by posing a black against a white. He also aroused the patriots in the country by fighting a draft dodger and a war hero, along with this he set a American against a foreigner. He was the first promoter to understand the people, and who was able to control large crowds. All in all, he was a fighter, gambler, miner (in the Yukon), and a promoter, and was prosperous in all. He helped to change the face of the west by controlling where the peop le went, and helped California to grow, making him a very important man in the history of California and the United States.