Watchtower's Legal Council At Bethel Can It be Prosecuted??

by frankiespeakin 10 Replies latest jw friends

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  frankiespeakin

  This is a hypathetical(spelling?) question:

  Since the Legal department staff at bethel are members under the control of the Governing Body or WT organization and subject to them,, not hired and paided but because they are cult members,,could this not be used to nullify the client attorney priviledge?? Say if for example:

  Can these cult member lawyers members who are housed at bethel then be prosecuted if they withhold information of illegal activities of the corparation??Especially if they were given some special perks that other member didn't get to keep them quiet?? Will the WT if that happened be forced to obtain legal help outside thier ranks?

  Just some thoughts that I not being a legal eagle would like some help on.
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  diamondblue1974

  If you consider in house counsel in other corporations the same ethical rules still apply and wouldnt normally be disapplied just because they worked for the corporation. In the UK the law society regulates solicitors in private practice as well as in house solicitors.

  Worth arguing though IMO

  DB
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  frankiespeakin

  Diamond,

  What if there was a delibrate cover up and the legal staff in housed by the WT knew was illegal and conspired with the GB to committ?
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  Oroborus21

  Greetings!

  There are a couple of things going on with your post. First, payment to the attorney has no bearing on the attorney-client relationship. Indeed many lawyers do pro bono publico work for free.

  Secondly, communications that take place within the attorney-client relationship are privileged with very limited exceptions. The privilege is owned by the client (in this case the WTBTS) not the attorney. This applies to all communications, even admissions of criminal guilt or illegal activity, without such Candor between the Attorney and client, an attorney may not be able to effectively represent the client. The only provisos that work against this fundamental principle are that 1) an attorney owes a Duty of Candor to the Court and is ethically barred from misleading the court so he can't place a witness on the stand that he knows is being untruthful (suborning perjury) (though if the client insists the person may testify in a "narrative") and 2) an Attorney may not help to facilitate a crime, using the Attorney-Client privilege or relationship as a cover. (thus why some attorneys have gotten in trouble by being the messenger for mobsters and terrorists).

  Thirdly, your whole post begs the question and makes an assumption that there IS illegal activity going on which is either not the case or ever been demonstrated.

  having said all of that I can't imagine the stress and moral quandry of being a Watchtower lawyer. After all, there are many times that an attorney has to go against the client or take a position against the client's wishes out of what he is ethically and legally bound to do. Imagine then if your client is the equivalent of God to you. Very prickly position to be in indeed.

  As an aside, The most difficult thing for a corporate attorney is keeping the line clear about who the client is: The client is the corporation not the individual members of the corporation.

  As for any type of actions against the attorneys, the answer is no. Attorneys are generally immune for their exercise of the legal process and for doing their jobs which includes advising their clients to the best of their ability. Additionally, the standards for malpractice are unbelievably low so to win a malpractice claim (from a person with standing to bring such a claim of course) would be near impossible.

  -Eduardo
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  frankiespeakin

  Eduardo,
  

  Thank you for your information.
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  frankiespeakin

  Eduardo,

  Do you think the Governing Body and their top friends could learn and be able to speak in such a way that they could concievably get the Legal department into an technically ilegal activity and also because they really thought the GB were really God's choosen ones leaders of his organization of earth?

  I don't know if this makes any sense but it's a try.

  I mean they could develope a sort of code system to avoid illegality?
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  frankiespeakin

  Code words like Satan for the government

  Babylon=Judge

  Apostate=Bad people

  Jezabel=ChildVictim

  These of course would not be any definition I make up but something like that in form.
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  johnny cip

  I THINK if the fed's wanted to take legal steps againist the wt it could happen in short order. ie. rutherfraud going to jail in 1918. it's just a question if the right people want to take the wt down a step. and it could come from with-in or outside. it's happening right now in countries like russia and france etc. funny you don't see branch offices in china, saudia arabia yemen.etc. they would get the firing squad. and they know it. hold you hat frankie. i think in the next 10-20 years something will happen to get the wt in big trouble in major western countries. and that's a prophecy!!!!!!!!!!!!!!!!! john
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  frankiespeakin

  John,

  I think even sooner. It is almost like,,since the Legal Department visits this board many must be getting Deprogrammed. Now that has got to be very dangereous for the Governing Body!!!With all the little secrets these these guys must know I think the GB should be very affraid,,,very afraid,,,very!
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  johnny cip

  who's to say wt legal will not let the gb hang in some cases. ie the larry hughes case in canada right now. i sure mr. hughes is getting more hel;p than i see here. remember the org. is being run by the lawyers since 2000 . who know's how many swiss bank accounts they have and who can take the $$$$$$. the old guard is on the way out. who know's the wt could have been scammed out of 10's of millions already. very smart people get tired of working for free ,once they learn they have been scammed. i'm just waiting for some congressman's kid to become a jw; and die from no blood.etc and all hell will let loose on the wt.