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IMO, Lily using Amanda in the CW suit is a low blow as far as Devon is concerned. But, it's also soapy goodness. Sometimes, soaps do outrageous really well.
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I am still puzzled, however, as Amanda, when hearing Devon's concerns about losing control of HW, assured him that she'd make provisions to prevent that from happening.
I would love to see Christine call Amanda as a witness to validate the things that Devon was told before he agreed to the merger. Lily promised him that she would resign as CEO if something came up which would jeopardize their relationship. Using the CW attorney against themselves would really be soapy goodness.-
I had forgotten all about these points! I hope the writers didn't too because they're excellent. -
I agree these are excellent points that I hope will come out during the trial. -
I wonder if that will happen because they seem to be changing history right in our faces. They act as if Devon's ownership of HW was equal to Lily. I am almost embarrassed at how angry I was when Lily said that Jill has a 50% vote and Lily and Devon have 25% each. They literally threw out all of Devon's ownership. At minimum, they don't talk about how Jill wouldn't even own CI currently if not for Devon lending her the money. Or maybe giving her the money. So I kind of fully expect that they will ignore the fact that Devon put this in the contract for favor of the narrative that Devon simply signs things and changes his mind.
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THIS is exactly what should happen. Anything else would be ridiculous.Originally posted by RedheadTeacher View PostComment
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Is Amanda (MM) really coming back to town for the trial or will her visit be off camera? Surely an escape/divorce/dissolution clause should be in the legal documents unless it's rewrite time.Comment
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As someone pointed out she represented Devon in the initial merger with Chancellor. She prepared the paperwork. So unless that’s wrong, Amanda has a huge conflict of interest. Amanda is supposed to be an ethical attorney. What is wrong with this picture?Comment
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There is not a conflict of interest.
Conflict of interest is design to protect a party from legal representation who's loyalty to their client could be question and therefore they might not act in the best interest of their client, but rather some other entity or person. That's not the case here for a couple of reasons.
1) Amanda didn't represent Devon, she represented Hamilton-Winters in the merger with Chancellor. When that merger was completed, Hamilton-Winters effectively ceased to exist. Amanda then assumed the role of Chief Legal Council at the newly formed Chancellor-Winters. Devon is now taking action against Chancellor-Winters. If Amanda was still in her role it would be expected that she would lead the charge to defend Chancellor-Winters. She is not conflicted out from representing Chancellor-Winters in this situation.
2) Devon can't argue conflict of interest because Amanda isn't representing him. It's the opposite, actually. Given their history, the argument would be made that Amanda is highly motivated to zealously defend Chancellor-Winters, which would be her job.
Last edited by Tonilove; March 21, 2023, 09:27 AM.Comment
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You make good points but I disagree with your conclusion. As you say she represented Hamilton Winters in the merger. Since Devon was 100 percent owner she effectively represented Devon. When a lawyer goes against a former client in a matter, all state ethic laws require the attorney to seek permission from the present client and the former client to handle the matter. So while in soap world none of this matters, in the real world, it is a problem. -
That's not a sound legal argument. People and companies are two separate legal entities. When Hamilton-Winters still existed, a person could have theoretically sued the company and bankrupted it, but not Devon. This is also why in some lawsuits you see the company AND individuals named. They are not the same nor interchangeable. It doesn't matter if Devon and Hamilton-Winters interested were completely aligned - they are two separate legal entities.
And again, Amanda cannot get permission from Hamilton-Winters because it does not exist. The company was her client, not Devon. The company no longer exist, and therefore no longer has interest to be protected or conflicted against, so therefore cannot be a conflict of interest. -
We agree to disagree. But what if it were Hamilton Winters as plaintiff suing to undo the merger. And not Devon. I believe certain rights to sue survive even after a company goes out of existence after a merger. One last comment from me. If a lawyer goes against a former client in a lawsuit or what looks like a former client, they better seek their permission if they don’t want to be disbarred.Last edited by Loyalyr; March 21, 2023, 10:28 AM.
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I also think it's low blow that Lily has Amanda representing CW in this lawsuit against Devon... she's playing dirty and I hope it all backfires on her. Based on RedheadTeacher comment above, I'm hoping this will be the smoking gun that ends the trial immediately in Devon's favor!Comment
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I agree Tonilove, it will be entertaining to watch this case play out on screen...
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I think Victor is going to convince Jill to let HW go back to Devon’s control and Jill will drop all charges shocking Lily and essentially sticking it to Amanda. Hope Devon just gives her one big goodbye smile when that happens. What he did by cheating on her with Abby was wrong but she was being especially personally vindictive during this case. Was glad to see Lily even point that out.
that being said I and others have brought up for some time now that whole arrangement that Devon had with Lily and with Amanda supposedly representing Devon at that time to see it through. I was hoping Christine would have brought that up and disappointed that Devon hadn’t too and made that a big talking point before this went to court. Like why write it if you’re not going to use it. Guess they just want Victor involved getting Devon his company back.Comment
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Except that she no longer works for Hamilton Winters. She resigned after walking in on Devon and Abby.Originally posted by Tonilove View Post
Getting her to explain the circumstances of her leaving Chancellor Winters and questioning why, as Hamilton Winters counsel during the merger, she would now work against them would truly be soapy goodness.Last edited by RedheadTeacher; March 21, 2023, 09:50 AM.Comment
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But she's representing Chancellor-Winters and her reasons for resigning would work in Chancellor-Winters' favor. It would show she has a baised towards her client, which is a good thing.
Devon can't claim conflict of interest because she's not representing his interest. It's the opposite. She was hired to work against him. He can't go before a judge to get her off the case because she's not representing him or his interest.
For the conflict of interest to come into play, it would need to be proven that Amanda has a conflict that would prevent her form representing her client, Chancellor-Winters's, best interest. And even then, Lily, as a representative from Chancellor-Winters, could waive the conflict and still say she wants Amanda. -
Devon could claim that she misrepresented him when evaluating the merger contract as he consistently voiced his concerns about losing control over HW and Amanda assured him that she would include provisions to prevent that from happening.
Her reasons for resigning were personal, and it could be claimed that her reasons for re-signing are also personal. If it comes out that Amanda quit working for CW due to Devon's cheating on her and is now back working against him, I think that would qualify as a conflict of interest. We also have to recognize that soaps don't follow what we consider "real", especially when it comes to medical and legal issues.Last edited by RedheadTeacher; March 21, 2023, 10:22 AM.
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I thought, at one point, Devon mentioned that there was an escape clause in the contract wherein he could dissolve the merger if he was unhappy. I guess that was a throw away line just for the moment and now has been forgotten.
I love that Amanda is back and full of fire and vinegar! She looked primed and ready to go yesterday. I loved it. I want Devon to eat crow! I do think, IRL, Amanda representing CW against Devon would be a conflict of interest but since this is a soap, we'll just push that aside. I hope this s/l is well done. It's such an opportunity for some real drama and real heartache.
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I am loving every single second of Amanda doing what she does best, and watching her make Devon twist and whine about what personal attacks are hurting him, in the hearing. Does Devon think Amanda and Chance are ever going to be able to erase the sight of Abbey and himself schtupping naked on his sofa, from
their memories? Both Abbey and Devon have been complete cowards about admitting it to anyone but Lilly.
Amanda has more brains and class than Devon.Comment
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I missed what Devon said that Christine told him not
to comment during session.Comment
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I thoroughly enjoyed the scene when Amanda got Devon to stop whining about her intentions in the lawsuit, and read him the Riot act.
He had nothing else to say!
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