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You and your friends are at Kings Island, a theme park in Ohio. Lena is a crack-up. She’s always telling jokes and making the whole group laugh. Amir is quieter, but he loves the roller coasters. He’ll ride things the rest of you wouldn’t get on in a million years. Stephanie is quiet and shy. She doesn’t say much, but she seems to notice everything going on around her You believe that Amir loves roller coasters because his parents used to take him for ice cream every time he finished a roller coaster ride. This is an attribution. Stephanie believes that she hears more than most people because she listens well and she tries very hard to pay attention to everything going on around her. But if she misses something that someone has said, Stephanie often believes that it was because the person was not speaking loudly enough. Stephanie is likely to be Lena is from India, which has a fatalistic culture. She is likely to attribute the behavior of those around her to causes.
 
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Lonnie the lawyer represented Fred, a successful businessman, in his merger and acquisition deal of an internet start-up company that manufactures custom bowling balls. The terms of the deal were never disclosed, but Lonnie knows that Fred made many millions of dollars. Fred’s wife, Wilma, contacts Lonnie three years after this deal is complete to ask if Lonnie can represent her in Wilma’s divorce from Fred. May Lonnie do so?

a. No, because Lonnie has a conflict of interest from his prior representation of Fred.

b. No, because Lonnie represented Fred three years ago, which is too soon to represent an opposing party.

c. Yes, because Fred’s business dealings are unrelated to his divorce with Wilma, and therefore no conflict exists.

d. Yes, but only if Lonnie agrees in writing to act ethically.

 
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solution

Read: FG002 Financial Planners and Advisers Code of Ethics 2019 Guidance, from FASEA – particularly the guidance on standard 6
S961D of the Corporations Act 2001 (Cth)

“Areasonable investigation into thefinancial products that might achieve those of the objectives and meet those of the needs of theclient that would reasonably be considered relevant to advice on the subject matter sought by theclient does not require an investigation into everyfinancial product available.” (Commonwealth of Australia 2001)

Section 961D in (2) states that an adviser must not necessarily investigate every product to ensure compliance, only that they investigate what could be considered relevant to advice on the subject matter sought.

Once you have read S961D and the FASEA guidance on standard 6, prepare a quick argument around whether meeting S961D will also meet standard 6 of the code of ethics.

Give an example of a situation and provide a link to a situation (if possible), where an adviser met S961D, however, may fail to meet standard 6 on the FASEA code of ethics.

 
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The individuals in this case study worked for a small advertising agency called “Shinjinsha” that handles both international and domestic accounts. This firm provided print and television advertisements for numerous small accounts as well as some major international accounts. This particular office was the site of the Accounting, Advertising and Administrative sections of the company. The three participants in this conversation are two Japanese, Muramoto and Aoki, and one American named Penn. All of them held the title of Account Executive and their statuses were roughly equal, with Muramoto having had slightly more authority.

During the course of this particular conversation reference is made to two accounts; “A Company” (and its product), and “B Company” (and its various hair care products). In the first segment of conversation, Penn tried to change the topic of conversation from A Company to the B Company account . His suggestion is followed by a pause and Muramoto continues to discuss A Company in the following lines. This segment of talk is followed by a half minute of talk about the B Company account. Although Penn’s first effort to bring up the subject of B Company failed, he tries again after a few more minutes of talk. In the next segment, Muramoto cut off Penn’s attempt to change the topic with his overlapping talk and his continued focus on A Company . After a short time in which they continue to talk about A company, Penn tries to bring up B Company again. Penn explicitly states what it is that he wants to do about the B Company account . He feels they need to schedule “time for creative” which indicates a desire to have a meeting for idea flotation and stimulation, or even a brainstorming session. When he says they need “time to put together some solid thinking” and “sit down” these are expressions that usually mean getting some tangible ideas down on paper, formulating a plan and setting an agenda. Penn’s concern is first met with silence, and then Aoki makes an aside to Muramoto (his gaze is directed to him) that Penn is not getting it. Penn’s increasing frustration was visible as indicated by perturbations in his talk “Ah hah-but l-but A Company but I…” that indicate he is having some communicative difficulty. Penn points out the differences in the budgets, which he writes out on paper. Here, the activity of writing is being used to enable and draw a comparison, to point out the importance of discussing the account. He is using a strategy of comparing the larger amount of the B Company account which he stresses with “this” to the smaller A Company account as a logical reason for devoting more time and energy to B Company . For Penn, it is obvious that they should want to have meetings about B Company, given the size of its account. During this part of the conversation, both Aoki and Muramoto begin to show their own increasing frustration and impatience with Penn. Muramoto stands up and juts his hip out in a defiant pose. Aoki begins pacing behind his desk. When Penn looks up from writing the numbers both Muramoto and Aoki turn away from him, avoiding eye contact. Penn emphatically explains that he will call the A Company person and “that’s done,” he does not want to talk about it anymore because “now we should talk about B company.”

  1. What type of communication took place between the American and Japanese account executives? What was the prime reason for all the miscommunication that took place between Mr. Penn, Mr. Muramoto, and Mr. Aoki?
  1. Identify THREE differences between High and Low Context communication in this case study. In one/two lines, explain how these intercultural communication barriers are affecting communication between the American and Japanese account executives.
 
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