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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3498
Experience:  Solicitors 2 years plus PQE
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A QC has given advice to an association I am a member of we

Customer Question

A QC has given advice to an association I am a member of we have asked for this advice to be made available to us as members but have been told no.
Is there anything I can do
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

Hi, Thank you for your question and welcome.

Alex J. :

Is this an unincorporated association?

Alex J. :

Who requested the advice and who paid for it?

JACUSTOMER-w6gttvaz- :

I think it is an unincorporated associtation, We are a club member of the association and as a club we asked for the information. If this a private session i can tell u the association name

Alex J. :

Hi, Thank you. No it is ok, I do not need to know the association name. Who instructed the QC for the advice?

Alex J. :

and who paid for it?

JACUSTOMER-w6gttvaz- :

the association

Alex J. :

Hi, Thank you. This came from your membership fees presumably?

JACUSTOMER-w6gttvaz- :

yes i would think so as the association wouldn't exist

Alex J. :

The only way to force this issue is to look at what powers the members have under the constitution of the association. So lets start with does it have a constitution?

Alex J. :

What percentage of members are supporting your request?

JACUSTOMER-w6gttvaz- :

yes

JACUSTOMER-w6gttvaz- :

all members in our club 70 plus but the outcome of this could have far reaching impact to other clubs affiliated to the association

JACUSTOMER-w6gttvaz- :

I have the constitution

Alex J. :

The only way to force the issue, is to exercise your constitutional powers to force the managers of the club to disclose the information. What consequences will it have?

Alex J. :

Do the members collectively have the power to remove the managers (i presume they are trustees?)

JACUSTOMER-w6gttvaz- :

positive this could help other clubs having issues with a particular government body

JACUSTOMER-w6gttvaz- :

its a national association

JACUSTOMER-w6gttvaz- :

so it has general members and club membership

JACUSTOMER-w6gttvaz- :

The information that is being sought could help us as a club with a current issue

Alex J. :

Hi, Thank you. Have you asked the QC directly whether he will disclose the advice?

JACUSTOMER-w6gttvaz- :

I am not sure we know who the qc is but we do know that advice was given

Alex J. :

Hi, Thank you. I think you need to call a meeting of the members and vote on it. The alternative is, if this is going to be too destructive, then you should consider getting you own advice on the same point. What is the possibility that they have not obtained advice at all?

JACUSTOMER-w6gttvaz- :

no the advice was obtained as we requested to be privy to the advice given but were told by council that we were not allowed to have that info hence why I am wondering what we can do

Alex J. :

Hi, Thank you. The only thing you can do is vote collectively and order the management to disclose the advice. Can you send me the constitution to***@******.***? FAO ALEX J

JACUSTOMER-w6gttvaz- :

I have jsu sent you the constitution

JACUSTOMER-w6gttvaz- :

I have to go out now thank you for you r help so far

Alex J. :

Hi Thank you. It may take a while to filter to me so I will let you know as soon as I have it. Kind regards AJ

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