Fiduciary Duty
A Fiduciary Duty is a contractual and legal duty owed by one individual to another individual. Your family law attorney has a fiduciary duty to act in your best interests NOT in your child's best interests. Family law attorneys violate this duty daily.
The person owing the duty is called the fiduciary and the person the duty is owed to is called the principle or beneficiary. Your attorney is the fiduciary and you are the beneficiary of that duty. If you attorney acts in what they believe to be your child's best interests instead of yours, then your attorney is subject to suit for damages, if you can find another attorney willing to sue them.
Family law attorneys generally don't want you to know about this duty because then you could hold them accountable financially for failing to properly protect your rights. When your attorney simply acquiesces to the judge knowing that your judge is intent on violating your rights, your attorney is violating his or her fiduciary duty.
It is insufficient for your attorney to tell you that the judge will simply ignore your rights. It is the role of attorneys to hold the government accountable for violations of rights. If attorneys do not understand the constitution and know how to hold judges accountable to it, then who is supposed to know?
What we have found is that most attorneys simply know how to work inside the system as the system is explained to them. Given that the state bar associations, owned, managed, and overseen by the judiciary, tightly control what attorneys are taught in law school and it is NOT in the government's interests for attorneys to be taught how to hold the government accountable. Consequently, few have any clue how to actually hold a family law judge accountable to the constitution that the judge swore an oath to uphold.
We have spent more than a decade extensively studying the constitution and the family law systems in many states. Our expertise in systems design, analysis, and engineering allow us to map the system as it operates today and as it is supposed to operate under our constitution. We are able to perform a gap analysis on the gap between current state and ideal state which enables us to create tactics that can defeat the unconstitutional actions of family law judges.
We have taught a number of attorneys how to effectively challenge this unconstitutional scheme and family law attorneys have applied our guidance in their own child custody suits. Just like every successful civil rights movement in history, we will prevail in the courts as well as in the halls of state legislatures. More and more state legislators are starting to see the writing on the wall and are beginning to position themselves for a post best interest world.
One of the tactics that will get us there is holding attorneys accountable to their fiduciary duties.
