tag:blogger.com,1999:blog-759178030677978044.post3903752189844314613..comments2024-02-19T07:24:42.397-08:00Comments on Anglican Curmudgeon: Leading the Church into Lawsuits - Pt. IIA. S. Haleyhttp://www.blogger.com/profile/05108498446058643166noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-759178030677978044.post-33057578485627001512010-08-28T13:51:51.549-07:002010-08-28T13:51:51.549-07:00AC - Thank you for your reply. I understand better...AC - Thank you for your reply. I understand better now, and will continue to follow with interest.Topperhttps://www.blogger.com/profile/14537239370392917165noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-34434930978562200262010-08-27T23:51:43.515-07:002010-08-27T23:51:43.515-07:00Topper, thank you for that comment, and those ques...Topper, thank you for that comment, and those questions. I hope that more will become clear to laypersons such as yourself as the series proceeds, and lays out the complete sequence of events.<br /><br />What is at issue here is not the breaking of any laws, but whether the conduct of the Church's litigation chiefly by a law firm with whom the Presiding Bishop's Chancellor is associated is in accordance with the ethical standards of the Bar to which the attorneys belong. If a court is presented with sufficient facts to establish a violation of those standards, it could disqualify the attorneys and their law firm from proceeding further with the case, and ECUSA would have to find itself a new law firm. It would be up to the bar association's appropriate committee to decide whether any ethical violations committed were sufficient to impose personal sanctions on the attorneys.<br /><br />From the client standpoint, what is at issue is whether the Presiding Bishop has faithfully carried out her fiduciary duties -- which she says determine her litigation policies -- to her constituents, by spending the money entrusted to the Church without any independent oversight or checks on what she claims as her authority. Among her other fiduciary duties is a full and open disclosure of the facts to those entrusted with the responsibility for the Church's compliance with audit standards, and as we saw in this post, there was a time, at least, when that was not happening. The remedies for any breaches of fiduciary duty lie with those who were harmed by the breaches, and those remedies could be pursued in both ecclesiastical and civil courts.<br /><br />But at this point, there is <i>no one</i> in the Church who is even asking the appropriate questions. I shall have much more to say about this sad situation after I am done with laying out the facts.A. S. Haleyhttps://www.blogger.com/profile/05108498446058643166noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-15267593823715462432010-08-27T20:33:35.093-07:002010-08-27T20:33:35.093-07:00Despite serving on the Vestry of my home parish in...Despite serving on the Vestry of my home parish in Mississippi for three years, I still know little about the type of financial and legal matters you are dealing with here. Nevertheless, I am finding your investigation of this issue very impressive. It makes riveting reading!<br /><br />It certainly seems that there is some underhand dealing going on. However, I would really like to know if any laws are being broken here, or is it just a question of not following internal ECUSA rules and regulations? <br /><br />Also, are the rules of the Bar Association mandatory for its members, or are they merely of an advisory nature?<br /><br />Overall, I suppose, I would like to understand more about the possible consequences of what has been happening, for the parties involved.Topperhttps://www.blogger.com/profile/14537239370392917165noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-30920402427784307372010-08-27T19:42:03.036-07:002010-08-27T19:42:03.036-07:00Obviously, they don't teach "Following th...Obviously, they don't teach "Following the Law" in seminary.Undergroundpewsterhttps://www.blogger.com/profile/10182191422663119484noreply@blogger.com