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The Lawyers and the Strategic Alliance Agreement

ICBC appointed three lawyers:

 

1.     Counsel for ICBC Defendants, he represents ICBC and its employees in claim 246736.

2.     Counsel for James Joesph Donald, he represents him in both claims,

    • 246736: Where I allege he was negligent in the motor vehicle accident. 
    • 245869: Where I allege fraud and conspiracy against him and Sterling Rychkun. Meaning, ICBC appointed a lawyer to represent a defendant who is alleged to have committed fraud against ICBC. The victim is helping the criminal who victimized them beat the claim.

3.     Counsel for Sterling Rychkun, he represents him in claim 245869 where he is alleged to have committed fraud against ICBC, and again that means that the victim is assisting the criminal with his defence. 

 


Strategic Alliance Agreement:

I recently found out that all three lawyers work for firms that have signed a Strategic Alliance Agreement with ICBC. So, what is that SAA?

You can have a read at this link to get a better idea but here is summary from that blog:

“ICBC requires some of these firms to sign an agreement called the Strategic Alliance Agreement (SAA).
Under the SAA, law firms whose lawyers are retained to act for ICBC are not permitted, when representing a plaintiff on another file, to sue ICBC for bad faith or to seek punitive, aggravated or exemplary damages against ICBC.”

If a lawyer representing a defendant accused of committing fraud looks at his client’s defence and finds that there’s no way out for or him or her, the best approach then may be to just come clean and admit responsibility while things are still early in the going and haven’t caused much damage. Better to come clean now to being found responsible for fraud four years and hundreds of thousands of dollars later. The lawyer is obligated to make that recommendation to his client.

But in this case a lawyer can not do that without breaking his firm's agreement with ICBC, the SAA. ICBC appointed lawyers who can not represent the best interest of their actual client because their paying client (ICBC) may cancel their agreement with the lawyer's firm and cost them millions of dollars.

For example, Sterling Rychkun has no way out. He never had anything to gain from this, he was used by James Joseph Donald and now is being used by ICBC. When he is found responsible for fraud and conspiracy, he will have the most to lose. That is unless ICBC intends to continue to cover his legal expense even if he is found responsible by a court.  And if ICBC does that, they better watch out because British Columbians will be going after them for wasting our money on defending criminals.

The other fraudsters are in a similar situations, they are being represented by lawyers bound by the interest of their paying client. 


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