Lawyer of a Society As a Fiduciary

While the appellate court affirmed the trial court’s dismissal, it is apparent
that the decision was influenced by the monumental stupidity of the
plaintiff’s legal theory!
VI
Civil Conspiracy
“Civil conspiracy is a separate cause of action that requires, interalia,
1. an underlying tort and a ’meeting of the minds’ among the co-conspirator
’on the object or course of action’ to be taken. By contrast, a cause of
action requires only the knowing participation of a party in a breach
of a fiduciary duty and does not require a conspiratorial agreement.”
2. Second, the breach of fiduciary duties or scheme of oppression must
involve misrepresentations, failure to disclose, or deceptive conduct so
that breach of fiduciary duties constitutes fraudulent conduct.
3. Third, the plaintiff must plead and prove that the attorney had knowledge
of the object and purpose of the conspiracy; that there was an
understanding or agreement to inflict a wrong against, or injury on,
the third party; that there was a meeting of minds on the object or
cause of action; and that there was some mutual mental action coupled
with an intent to commit the act that resulted in the injury.
4. Finally, the plaintiff must plead and prove that the attorney’s conduct
went beyond mere fulfillment of his professional duties to the majority
shareholder.
In the present context of the Society counsel, all the above are satisfied.
Certainly, personal benefit from the proceeds of the fraud would certainly
satisfy this burden. Here in the present context, Society counsel benefited
from the appointment as legal counsel of the Society over a prolonged period.
VII
Fraudulent Scheme
The plaintiff could also plead and prove conduct by the attorney necessary
to the accomplishment of the fraudulent scheme, such as meaningless work
designed to convey a false impression. The illegitimate and illegal Rules of
the Society and the Society’s insistence on compliance of the members of the
Society to these Rules are sufficient to prove this. The “welfare” facade of
the Society that it is engaged in some noble welfare activity for the veteran
is another fraudulent scheme.
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