The Lawyer as Charitable Fiduciary: Public Trust or Private Gain?
Pacific Law Journal, Vol. 25, p. 1353, July 1994
Posted: 28 Apr 2005
This article discusses the fiduciary duties of care and loyalty required of an attorney who serves as director or trustee of a charitable organization. It centers around a paradigm case in Massachusetts where two attorneys, acting as both lawyers and trustees to a charitable organization, breached their fiduciary duties to the charity. The actual settlement of the case by the Massachusetts Attorney General is both analyzed and critiqued. Finally, the author recommends enforcement mechanisms for breaches of fiduciary duty by an attorney who serves as both lawyer and trustee or director of a charitable organization.
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