https://definitions.uslegal.com/b/breach-of-fiduciary-duty/
It has become apparent to me that a lot of people are entirely unaware of this concept. Even among people that I know who are aware of it, they seem to be generally unable to incorporate it into their perception of others' actions.
Normally I would be very general in a post like this, but I want to open with an example that is at the forefront of my life right now, in the hopes of giving you something to anchor your thoughts to. That example is as follows:
As a board member, I have a **legal obligation** to prioritize the success of the Loophole project over any individual's feelings or the health of my own relationships.
I am not going to go into the history of fiduciary law here. If you want more details on that there are plenty of legal resources online. If you object to this duty existing, you will need to take that up with about a thousand years worth of judges and legislators.
My purpose in this post is to discuss my approach to obligation and duty and responsibility more generally. Before I had ever heard of fiduciary duty, and before I was mature enough to grasp legal concepts and jargon, I was raised according to what I now recognize are the same core concepts that lead to those laws. The duty that a fiduciary has to their client, I feel to some degree to every person and project to which I apply myself.
When I say I'm going to get a project done, I'm going to prioritize it over other things and people that I have not made the same commitment to. When I say I'm going to protect you, it may be at my own expense or harm to myself.
This shows even more intensely when the other people have made the same commitment, and I have written about that before. If you and I both commit to getting a project done, I am going to value your feelings less than those of someone else who did not make that commitment, and theirs generally less than our goal.
Think of it this way... Before you and I try to hang a painting together, suppose we formed Hanging This Painting LLC and both signed on as board members. As fiduciaries, we would each be required to prioritize the success of the company over other not-illegal outcomes for third parties (such as a neighbor being unhappy). Further, there are effects that would be illegal for us to force on a third party that we might be required to endure ourselves (such as missing work at our day jobs).
That imaginary scenario is how I feel about almost every such endeavor, to some degree. This is why I frequently find myself choosing success over failure in a project even when it means making another person involved in the project upset; because that's exactly what I would be required to do if I had officially accepted the duty of getting it done, as I have with the corporations on whose boards I sit.
I know most people don't feel this sort of duty or obligation. I occasionally revisit this topic in the hopes I'll learn something new or come to some new realization or understanding. Today I'm just trying to give it a bit more context and framing since the legal aspects are relevant to my life at the moment.