martinvickers said:
Unfortunately, in many jurisdictions, its also the law, by dint of the rules of partnership, and trust.
And you can't ignore that because you don't like it, or think it's 'silly'. Indeed, the move to dissolve the partnership, and hire an attorney suggests people in the middle of this know this.
It is one horrible mess. I hope Paul gets the money. I certainly don't want my contributions back.
But, more generally, people should maybe heed the lessons of this going forward, for those who fail to learn from history are doomed to repeat it.
And maybe, just maybe, it would be good if people stopped thinking displaying their temper about this was impressive. It really isn't, and it doesn't help.
You're doing that lawyer thing here, and that isn't what RR is talking about. He is addressing the concerns of the general public, not the legal concerns. He is fully aware there are legal implications to forming partnerships and the like. Nobody is taking issue with the legal issues related to their undertaking. He (and I) am taking issue with the suggestion by some here that legal responsibility = personal condemnation of those who are legally implicated in something that they started having ONLY good intentions.
Unfortunately, one of the people involved appears to have had mixed intentions at best.
There are two realities here:
1. You should never undertake something like that without fully addressing the legal issues upfront. If I remember correctly, I was asked for a legal opinion about what to do when the fund was being created, and my answer was "I am a law student, you need to talk to an attorney" or some answer along those lines. I wish they had consulted a real attorney.
2. There is also the reality that some really good people decided to help out someone who needed help because they were being maliciously sued by an entity with significant financial backing. No good deed goes unpunished indeed. That they did not proceed in a legally advisable manner is not too surprising because navigating those issues is a complex thing best left to attorneys, but I can't say they deserve condemnation for that. Looking at the money they had initially, I don't think hiring an attorney was a real option. I do wish some attorney had volunteered to help, but nobody did.
Lastly, attorneys get hammered all the time for being useless scum-suckers devoid of any redeeming value. While that may be true, they can also be useful sometimes.