I’m not a lawyer and I don’t play one on TV. But for the purpose of this column, just call me Chanel Esquire.
Last week, I expected Justin to shout, “Busted!” and put an end to yet another one of Carter’s huge romantic mistakes. However, just like the last time, I was robbed because Carter is apparently unethical but permitted, according to Justin’s research. I wonder, though, what the American Bar Association has to say about it—and if not only Carter, but also Justin, should be disbarred for the legal services they’ve provided the Forresters.
Yes, it’s a soap opera, and yes, soap operas sometimes strain the bounds of reality. At times, they outright obliterate them. However, in a storyline that hinges upon what Carter Walton can legally do for (or in this case “to”) his clients—and in a storyline where the clients depend on the cunning Justin Barber to find Carter’s errors—The Bold and the Beautiful alienates its viewers and possibly insults their intelligence when it makes up its own business law.
Breaking up with a best friend is hard to do. Justin Barber knows this firsthand, and he should have warned Carter that a coup just isn’t worth the resulting third-degree backburner scars and excessive off-screen time. Next, Justin should have delivered Carter his formal, dated separation papers from Forrester Creations and additionally warned him not to file the LLC papers that got him fired in the first place.
Justin Case Barber
Since Justin should be familiar with the rules of the American Bar Association, he should have made Carter and his client, Ridge, aware that Carter cannot take a proprietary interest in his client’s business while conducting legal services for them. So, he cannot sign himself as the manager. Second, according to the ABA, Carter cannot take a vested interest in any client property without the client being duly informed and allowed to seek independent counsel before the agreement is finalized. A signature on the agreement isn’t enough because a lawyer cannot enter into business partnerships with a client without ensuring there was no undue influence over the client’s representation.
Heck, according to the American Bar Association, Carter probably shouldn’t even be COO and lawyer at the same time. It represents a conflict of interest.
With this information alone, Justin should be able to file an injunction and get before a judge to nullify the entire agreement. To say that shareholders have no way of removing management is negligent. Justin needs to be disbarred for even suggesting that an employee can now be dictator management for life.
The tragedy of this storyline, for me, is that the viewers don’t require the writers to put forth effort to make it a realistic, gripping drama. All they have to do is throw around a couple of B-curse words, namely “Brooke” and “bitch,” and they believe that’s enough for viewers to root for Steffy and Ridge’s takedown—even if it doesn’t happen in a righteous, legitimate way.
Carter’s Unrighteous Takeover
I nearly laughed when Hope told Brooke that Brooke had had to take over the company before. Brooke should have explained to Hope that Brooke’s takeover was righteous. The Forresters had tried to steal something from Brooke, and to make that right, they had to give up a ton of money, which equated to shares. Brooke didn’t take over the company just because she was butthurt that Stephanie didn’t want her running around in lingerie, trying to seduce Ridge or Eric.
Even if I’ve misinterpreted something about the ABA rules of engagement for lawyers and their clients, there’s still a compelling case for Justin to file against this agreement in court. Carter, knowing he’d been fired, still filed the paperwork to take control of the company. I wonder what judge would allow an agreement like that to stand if Carter was fired for signing the very agreement he filed. I think Justin must have been on the backburner too long and needs to brush up on his lawyering skills, because the advice he gave the Forresters frankly sucks.
Still, a lot of viewers want Steffy taken down a peg by any means necessary. I can almost guarantee this storyline won’t accomplish that because Carter and Hope are indelibly wrong, and the Forresters always get their company back. That means Steffy will have the last laugh, not Hope.
