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Old 04-25-2008, 12:25 PM
2tim215 2tim215 is offline
Practice Makes Perfect
 
Join Date: Jul 2005
Posts: 283
Quote:
Originally Posted by Druwdeadeng
Ok. Perhaps that choice of wording was a bit sloppy. I can certainly see that it's a bit of a throwaway turn of phrase. Let me see if I can better explain what I meant.

"Otherwise just not going to work," as I intended the phrase, is really a combination of the first two points on the outdated laws and procedural incorrectness. But, more closely, I suppose I should have stated that it would more properly refer to the incorrect application of existing law and procedure.

Cherry picking portions of statutes/regulations outside of context, incorporation of common law theories when the common law has been superceded by a properly passed statute, etc.

Again, I have no animus toward any of the posters on this board, and I will certainly attempt to be productive in my posts. I'll happily try to offer further detail if I can, and will gladly say that I don't when I don't.

I'm a lawyer, I don't know everything about the law, and I'm pretty sure that no one else does either. Sometimes I'm wrong, sometimes I'm not. Hopefully, you all can appreciate my input and take it into account when you're processing your options for progressing through some legal proceeding.

Cheers.
DD
Are you claimaing that attorneys don't do this too? I know for a fact that they do. Sometimes due to a defendant (due to his lack of knowledge of the system or inexperience) and who cannot afford good representation and thus has to do it him or herself, or more specifically does't know how to challenge a particular outlandish claim made by some "prestigious" member of the bar, it is allowed by the by the judge (his fellow bar member). How many times have "ProSe's" been right in cases, but have lost due to "technicalities" but yet try and put for a "technicality" on your behalf and watch the judge throw it out faster than you can say "uncle"? Shouldn't our system of law be based more on "equity" and "justice" than it should be someone who knows the intricacies of how the system works thus pretty much removing the ability of a poor "laymen" receiving justice? Simple matters such as getting banks to produce "signed documents" to support their claims for example? Yet an ordinary person, God forbid if he doesn't have any signed documents to prove up his claim. Yes, there might be a few decent attorneys out there (youself being one perhaps) but try and find one who will take on any banks, lenders and try and help the little guy. Any who were honest enough to try and take any of these guys on, would likely risk disbarment and criminal charges against them. We have a very unbalanced legal system and those who make it up are pretty corrupt and use their "knowledge" to keep those with power, in power. Who is it that has unlimited resources and can afford to have a team of 400-500 dollar attorneys at their disposal? Sure not us.

2tim2:15
2 Timothy 2:15 ( KJV ) Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth.
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