A few thoughts about the society's efforts to protect itself from litigation.
I attended the elder's seminar a few years back where we were instructed to write in our elder's manual a few extra instructions pertaining to filling out the society's disfellowshipping forms and other aspects related to judicial cases. That was nothing terribly unusual. We often wrote in clarifications and updates during meetings with the CO. This time was a little different because we filled an entire page with seven(I think) specific instructions. I don't have my elder's manual with me (I DO still have it) but the gist was "don't write anything on any form that might suggest that the society had anything to do with the decision reached by the local body". This made me feel rather uncomfortable. Anyone who's ever been an elder knows that the society often directs a judicial committee to take a certain course of action. Usually the local body is just a sort of rubber stamp for the society. Taking action that isn't specifically mentioned in a publication without consulting the society could get you in some real hot water. Of course, this didn't bother me, since I thought that was a sign that we were really directed by God through his organization. But I was uncomfortable with the additional instructions because the society was clearly making it harder for anyone to hold them responsible for their actions.
Around that same time our CO told us about a sister who was asked to leave an apartment complex. She left, but snuck back in a few minutes later. That was, of course, the sort of thing that WE always used to do. It was great fun really! Anyway, the CO said she was arrested for trespassing. Of course, she called the society for help. Aparently she was told, 'look in the yellow pages under lawyers'. Of course, that sent chills up my spine. I remember thinking how callous that seemed, even though I was still a loyal dub.
The society has clearly been pursueing a strategy of protecting itself at the expense of the individuals for some time. That makes legal sense. Disgruntled former members would like to get at the society, not just a local brother. If money is a factor, going after a judicial committee isn't going to get you very far. And many brothers would consider it their duty to take a fall for the society. They would most likely see it as persecution from Satan's big, bad system.
I would suggest, however, that many brothers would be turned off by the society's startegy if it affected them personally. I felt very uncomfortable as an elder just knowing that the society was positioning itself to avoid taking responsibility. I think that if I had been left out to dry over some judicial matter, I would have probably jumped ship in a second and cooperated with whoever was trying to get the society. Of course, it would have depended on when it was done. Early on, I would have been more inclined to stick with the society and personally absorb the loss. Later, as I grew more skeptical, I would have felt a real conflict.
My point ( yes, there is one) is that those who are trying to create change within the society, or destroy the society (as I know may here would like to) should do everything they can to hold local bodies of elders responsible for their actions. The society will probably escape legally, but as more and more elders face lawsuits and/or criminal charges, the society would be faced with a real dilemma:defend its loyal foot soldiers and risk being dragged into the fracas or risk losing the loyal support of the men who run the congregations.
So, while it might seem frustrating that the society seems to be successfully walling itself off from the local bodies, I see that as a potential problem of even greater scope. No, the society won't get burned legally, but those same fire walls that protect could eventually become a yawning chasm that separates the affection and support of the congregations from the society.