Lawyer of a Society As a Fiduciary

06.03.2015 Views

NOT employed by a Trustee company providing services of trusteeship and his compensation did not come from the trustee company funds! Hence, the beneficiary members of the Society are the actual clients of the legal counsel because the funds came from the Members of the Society! Thus, he decidedly, deliberately, knowingly and willingly violated his fiduciary duties to his actual clients. XII Conclusion The acts of the legal counsel are hence “unconscionable” from this legal theory alone. The reasoning behind such a rule (that a legal counsel is criminally liable) is that society rightfully wishes to discourage attorneys from making such suggestions to clients. The same rationale applies to advising clients to breach fiduciary duties. Since such advice is to be discouraged, attorneys who proffer it should be held liable to the extent they cause harm. Legal counsel of the Society should prepare to be charged with criminal liability on the basis of this legal theory alone. Where all the counsel from A to Z from the “legal counsel” are illegal, is it possible that the counsel was referring to laws unknown or conflicting with the laws of the land? Or, could it be that all the advise of the counsel and the decisions of the defendant monumental stupidity of his legal theory? One such theory seems to be that Society can be compelled to be compliant to the rule of law only if its aggrieved members take them to the court, not other wise with all the exhortations to comply with the law. For us, the essence of adjudication is the opportunity to state our case in our own words to some one who is listening. ********************************** 10

NOT employed by a Trustee company providing services <strong>of</strong> trusteeship and<br />

his compensation did not come from the trustee company funds! Hence, the<br />

beneficiary members <strong>of</strong> the <strong>Society</strong> are the actual clients <strong>of</strong> the legal counsel<br />

because the funds came from the Members <strong>of</strong> the <strong>Society</strong>! Thus, he decidedly,<br />

deliberately, knowingly and willingly violated his fiduciary duties to his<br />

actual clients.<br />

XII<br />

Conclusion<br />

The acts <strong>of</strong> the legal counsel are hence “unconscionable” from this legal<br />

theory alone.<br />

The reasoning behind such a rule (that a legal counsel is criminally liable)<br />

is that society rightfully wishes to discourage attorneys from making such<br />

suggestions to clients. The same rationale applies to advising clients to breach<br />

fiduciary duties. Since such advice is to be discouraged, attorneys who pr<strong>of</strong>fer<br />

it should be held liable to the extent they cause harm.<br />

Legal counsel <strong>of</strong> the <strong>Society</strong> should prepare to be charged with criminal<br />

liability on the basis <strong>of</strong> this legal theory alone. Where all the counsel from A<br />

to Z from the “legal counsel” are illegal, is it possible that the counsel was<br />

referring to laws unknown or conflicting with the laws <strong>of</strong> the land? Or, could<br />

it be that all the advise <strong>of</strong> the counsel and the decisions <strong>of</strong> the defendant<br />

monumental stupidity <strong>of</strong> his legal theory? One such theory seems to be<br />

that <strong>Society</strong> can be compelled to be compliant to the rule <strong>of</strong> law only if<br />

its aggrieved members take them to the court, not other wise with all the<br />

exhortations to comply with the law. For us, the essence <strong>of</strong> adjudication<br />

is the opportunity to state our case in our own words to some one who is<br />

listening.<br />

**********************************<br />

10

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