Life-Care act crusade confronts termed Breaches of Fiduciary duties as community service.

“Fiduciary duty” isn’t just about money; it’s actually more about loyalty (to trust owner) which can include trustee dealings with money but certainly isn’t limited to it. 

When someone or trustee has a fiduciary duty toward you (Such as beneficiary) they have a duty to act in your best interests, not their own. 

Trustees have a fiduciary duty to trust owner - recipients or both as case may be that requires them to give up opportunities for themselves if those opportunities conflict with owner/recipient needs.  

This is where trustee temptations can lead to trouble and law group malpractices as well. 

Trustees keep client money in trust for benefit of client; the trustee fiduciary duty means that they cannot use client money for anything other than clients benefit, even if plans to (does) later replace it. 

Because Lawyers are officers of the court, and because of their fiduciary duties; trustee retained asset compensated law group- as agent, hold duty of multi responsibleness not limited to original owner trustee responsibilities but in all declared intend toward beneficiary during transfer transition as well while maintaining environment safeness further asset compensated in all affairs. 

When it has been discovered coercion exists and law group as officers of the court broke that trust, theoretically both definitely fall under bases of conceptual Malpractice umbrella.

So what do you do when faced with a nightmare of this proportion, you don’t run to probate rather place concentration upon enabler that fueled antitrust temptations for profits. 

Upon discovery that a lawyer broke trust, it’s definitely the basis for malpractice, but it is also the basis for losing their license to practice, best fundamental bet is to start here.  

Again, it’s not just money that leads to fiduciary issues. 

Let’s examine some general scenarios (fundamentally) that can fall under debatable umbrella.  

If attorney is involved in negotiation and takes a portion for themselves that can be a situational breach of fiduciary duty.

If they were loyal in trust, they would not try to get compensated by trust when trustee clearly holds declaration negligence as ethics issue. 

Other Sources of Malpractice 

Attorneys promise to follow rules of professional ethics in exchange for permission to practice law. 

These are not optional rules, and while they may differ from state to state, they are, for the most part, consistent in their underlying goals. 

Essentially, the rules state that an attorney has several duties, including…..

• Duty of situational loyalty to client or sub client in living trust (fiduciary duty)
• A duty to provide competent Trust service in all affairs.
• A duty of honesty in all dealings.
• A duty to act in a timely fashion.

The rules break these concepts down into more specific, complex issues, like that rules about 

“CONFLICT OF INTEREST”BETWEEN ONE CLIENT AND ANOTHER, and for the most part, the preceding list summarizes the major ethical rules. 

Why should one care?

Because if law group violates one or more of the ethical rules, not only are they subject to Discipline by the state licensing board (up to and including loss of license to practice law) but also open to Malpractice charges. 

Remember in order for Malpractice to work, one has to show injury. 

Ethical violations will be “Punished” regardless of whether they result in an injury or not. 

What kind of mistakes lead to Malpractice? 

The number of mistakes that can lead to malpractice is almost infinite, but some mistakes tend to lead toward Malpractice claims more than others. 

These include…..

• Incompetence – this doesn’t mean bad judgments; it means missing deadlines or not doing legal research. 
• Misleading advertising or unethical “SOLICITATION” IF LAW GROUP ADDS ARE MISLEADING OR IMPROPERLY PERSUADE CLIENTS TO GET THEIR BUSINESS, IT CAN LEAD TO VALID CHARGE OF MALPRACTICE. 
• MISHANDLING MONEY – AFTER INCOMPETENCE, THIS IS ONE OF THE MOST COMMON CHARGES IN MALPRACTICE CASES. 

Grieving Law group lawyers

Along with, or even instead of, malpractice claims, you may want to complain to the state attorney licensing board, sometimes called the “State bar” about behaviors. 

This is called the “Grieving” and complaint filed is called “Grievance.” 

The grievance process is handled by a state organization called an Attorney Disciplinary board or an attorney Grievance Commission. 

Whatever it is called, it has the Power to force attorneys to “Respond” to complaints and to punish all who have violated rules of Ethics. 

It is important to know that grievances are entirely separate from malpractice, and that one can ‘Successfully’ grieve an attorney that one might not be able to successfully sue for malpractice. 

The Grievance Process

Typically, once grievance filed against attorney, the attorney disciplinary board notifies the attorney that a grievance has been made against them. 

They are then required to formally respond to all claims in writing, and the attorney disciplinary board begins investigation. 

The investigation process can involve “DEPOSITIONS” AND REQUESTS FOR DOCUMENTATION, MUCH LIKE ANY LAWSUIT. 

Both your testimony and the attorney’s will be taken under “Oath”, sometimes by creating sworn document or affidavit. 

Usually, the testimony is reviewed by staff at the disciplinary board and then PRESENTED TO A JUDGE OR A PANEL OF JUDGES. 

The Judge or Judges weigh the “EVIDENCE” AND COME TO A DECISION ABOUT WHETHER OR NOT ATTORNEY “VIOLATED” THE RULES OF “ETHICS.” 

There’s a possible twist to all this: If the attorney does not respond, the investigation does not go forward. 

THIS IS ACTUALLY GOOD NEWS FOR YOU (SO BE PATIENT) IT MEANS YOU WIN BY “DEFAULT.”

This is the same kind of thing that happens when a defendant doesn’t responds to a lawsuit. 

If the attorney does respond, the investigation proceeds as described previously.

If it shoes the attorney behavior was within the limits of the rules of ethics, the grievance is dismissed and the attorney is not punished. 

IF , HOWEVER, THE INVESTIGATION SHOWS THAT  ATTORNEY BEHAVIOR VIOLATED RULES OF ETHICS, THE ATTORNEY WILL BE DISCIPLINED.

WHAT DO YOU WIN?

AT THE END OF A SUCCESSFUL GRIEVANCE, ONE WINS THE SATISFACTION OF KNOWING THAT ATTORNEY HAS BEEN PUBLICLY PUNISHED FOR MISTAKES.

Typically, you won’t win any money, in some cases ATTORNEY IS ORDERED TO PAY BACK THE MONEY THEY TOOK, but it is rare attorney will have to pay for other reasons. 

• IN THE KNOW – most state Bar Associations have a fund for client’s that have been injured by attorney Unethical Behavior. Check with state bar to find out if case qualifies for reimbursement through this fund. 

No matter how big ones state is, its legal community is actually pretty tight-knit. 

Even in states like New York and California, which have thousands of Lawyers, the legal community is more like a really Big High School than anything Else. 

Why do you care? 

Well in most High Schools, it’s hard to live down “EMBARRASSMENT”, BECAUSE THERES ALWAYS SOMEONE HAPPY TO REMIND WHEN ONE MADE FOOL OF SELF.

THAT IS WHAT THE LEGAL COMMUNITY IS LIKE WHEN IT COMES TO FIRM ATTORNEY WHO LOST GRIEVANCES. 

EVENT THE LIGHTEST PUNISHMENT IS A BIG DEAL WIHIN THE LEGAL COMMUNITY, NO MATTER HOW MINOR IT SEEMS TO OUTSIDE WORLD. 

The least serious punishment is a “Reprimand,” which is a public statement that the attorney made a Bad Mistake. It may be called “Censure” in some states. 

IT’S NOT A MERE SLAP ON THE WRIST (PROBATE) IT’S PART OF PUBLIC RECORD AND ANYBODY DOING RESEARCH ON THE ATTORNEY WILL BE ABLE TO FIND IT!

Vast majorities of attorneys make it through their careers without any form of Public Punishment at all, SO THE EXISTENCE OF A REPRIMAND OR CENSURE ON AN ATTORNEY’S RECORD IS A BIG DEAL!

The next most serious punishment is “Suspension” of the attorney’s right to practice Law for a specified period of time. 

While the suspension is not permanent, it’s Hugely Embarrassing for the attorney because not only does the entire legal community know about it, but the attorney has to notify all clients that they have been suspended and cannot handle cases for the period of suspension. 

Most clients don’t come back after that kind of notice.

If attorney wants to go back into practice, the conditions of the suspension determine what they must do. 

While reinstatement may be automatic, the lawyer usually has to reapply for permission to practice law once the suspension is over. 

They may also have to get recommendations from other attorneys ‘SWEARING’ THAT THEY HAVE CHANGED FOR THE BETTER.

MANY ATTORNEYS ARE RELUCTANT TO HAVE THEIR NAME ASSOCIATED WITH SOMEONE WHO WAS SUSPENDED, SO ITS NOT EASY TO GET CACK INTO THE PRACTICE OF LAW AFTER A SUSPENSION.

The most serious punishment is “DISBARMENT,” which permanently takes away the attorneys right to practice Law in the State. 

If an attorney has been disbarred in one state, no other state will allow them to practice Law Either. 

Although some states will allow a disbarred attorney to reapply for permission to practice law, often after five or more years, it’s even more difficult to do than beginning practice again after suspicion.  

There will be an in-depth investigation as to the Disbarred attorney’s “Character”, the original incident, or incidents that got them disbarred, and the attorneys “Behavior” during period of disbarment. For the most part once an attorney is disbarred, it’s the End of Their Career. 

In conclusion: easiest way for firm council replacements to end up within option 2 or 3 starts within not doing proper research before filing  straddling same fence under different  flag while elongating same problematic thinking’s stemming  from beginning containing client willing to accept coaching’s within violating  another utilizing council advised tactics within fine arts (under the law allows)  that indiscriminately violate rights demonstrating blatant disregards of Discrimination, Exploitations, and Oppressions, Denying them same Rights, Opportunities, and accesses to valued resources. 

Existent Common disbarment denominator: continual tendencies within not think well or in most cases at all.

Keep in mind - timing is everything while collective chronological journaling is extremely important. 

Under criminal law puzzle theology; the more pieces you’re able to throw in at any given time - the clearer puzzle responsibleness becomes revealing offending face(s) within that any jury can easily see. 

Remember while some attorneys are specialized truth stretching philanthropists they are also generally bad business Entrepreneurship’s as well. 

Situational reference material: The complete IDIOT’S Guide to successfully navigate the complex civil court system. 

Author: Victoria E. Green, J.D.

Not for profit-senior community service educational shares- promoting better awareness’s through effective communications ending Financial exploitation. You do have a voice. 

Story line based upon updated references in real time perspective.

No ownership or infringements are sought nor implied in extension of self-help recovery share.

We thank Dr. Peck for sharing his intuitive under God Lecture series and practice accrued wisdoms along with Victoria Greens enrichments enabling another to fight the good fight against Greed based system Injustices  while preserving community integrity benefiting another from territories in Hell.

Freedom does not come free but is worth fitting for all for the right reasons.