Preface: I need to preface this question with two assumptions:
(a) That Baez has been doing a lot of interviews and/or appearances for various TV shows recently (I have heard about this but not watched them).
(b) That Baez has been paid for these interviews (or at least some of them.
Question: Can ICA make claim against her attorneys for the appearance fees, etc that Baez et al have been paid for these interviews (e.g. for breach of fiduciary duty as an accounting of profits or constructive trust)?
Whilst, I understand that attorneys in high profile cases (such as the OJ case) often release books and do TV appearances
for money after a trial, I have not heard of this occurring during a trial, whilst an attorney is engaged.
Theory: I am going to give my theory, the one caveat, however, is that I have not yet looked at the position under Floridian law and am just speaking as a matter of general and broad legal principles of common-law jurisdictions:
a.) ICA's attorneys owe her a fiduciary duty.
b.) Generally, speaking a person is not allowed to profit as a result of their holding a fiduciary position (save of course, the fees that their principal/client/beneficiary ("the Principal") agrees to pay). Further, they are to avoid a conflict of interest. Where a fiduciary breaches either of these rules, they are accountable to their Principal for any such profits they gained in breach of their fiduciary duty.
c.) The usual remedy is either a constructive trust or an account of profits.
(More questions to come in a bit but I think I am going to do a bit of digging on this myself).
