Attorney & Client

[weishaupt1776]

This is pasted from another thread
The reason Lawdog doesn't challenge SMJ/PJ (in traffic cases) is because he would disgrace his peers and the GA BAR would dump him like a cheap date:

Corpus Juris Secundum (C.J.S.) Vol. 7 § 4:

"His first duty is to the courts and the public, not to the client. And where ever the duties of his client conflict with those, he owes as an officer of the court in the administration of Justice (Just-US), the former must yield to the latter."

Corpus Juris Secundum (C.J.S.) Vol. 7 § 4 further states:

"A client is one who applies to a lawyer or counselor for advice and direction in a question of law, or commits his cause to his management in prosecuting a claim or defending against a suit in a court of justice; one who retains the attorney, is responsible to him for his fees, and whom the attorney is responsible for the management of the suit; one who communicates facts to an attorney expecting professional advice. Clients are also called 'wards of the court' in regard to their relationship with their attorney."

If a client wanted his attorney to challenge SMJ/PJ in a traffic case the way we do, the interests of the client would conflict with that of the court (the masonic hall with benches, robes, guns and thugs who need to pump up their retirement funds) but not conflict with the constitution or common law.

It would impede the administration of JUST-US

LAWDOG'S REPLY:

Originally Posted by Lawdog

First of all, Corpus Juris Secundum is not the law. It is a legal encyclopedia.

From the Georgia Rules of Professional Conduct:

(Preamble, Paragraph 2)



This is patterned after Canon 7 of the ABA's Model Code of Professional Responsibility: A Lawyer Should Represent a Client Zealously Within the Bounds of the Law.

Dictionary.com is free if you need to look up the word zealous.

more replies

Originally Posted by farmer_giles_of_ham

Then every lawyer I ever met routinely violated the Rules of Professional Conduct, for failure and refusal and obstruction of the zealous advocacy of a clients position, and potential remedies.

And I am not talking about rocking the political boat, either, or coming off as crazy or whatever. I mean a simple obvious challenge to the clear and plain lack of a stated cause of action to ordinary charges, or contradictions and admissions within the body of the claim itself that tend to mitigate or exculpate the defendant, or properly assert a client's rights.

Originally Posted by ThomPaine

so an attorner is an officer of the court, which in most if not all cases is a private/municipal corporation and most attorners are members of the BAR, which i believe is also a private corporation/organisation.

So we have an officer of one corporation and a member of another corporate organisation has loyalties and allegiances to them and wouldnt do anything to harm either of those entities, himself or his relationship with them..

dont look at the man behind the curtain..


Thom

[farmer_giles_of_ham]

http://www.suijuris.net/forum/129629-post81.html


Lawdog wrote:

First of all, there is no such thing as an "attorner." Go to dictionary.com and see if you get any definitions.

Presumably you mean attorney. The idea that courts are "private/municipal corporations" is laughable. Courts are part of the government. Remember...three branches of government...executive, legislative, and judicial, aka courts.

And a state bar (NEVER an all caps word, because it's not an abbreviation for three different words) organization is an administrative arm of the state supreme court, so there you have the judicial branch once again.

What does an attorney do if not "attorn"? Maybe we should use Anglo-rooted words instead of Latin: a "twister" twists (the truth)


So a state is not a 'body-politic'? Couldn't I just translate the word 'body' w/ "corporation"?

Anyway, all bodies and spaces are public to those inside, or under the same; and private to those outside from there.

Its a question of perspective. The state(s)/polities in America certainly feels like an foreign occupier- some of us don't habitually reside in the King's demesne. Its a whole, huge private world out there, where attorning is often frowned upon. (your mileage may vary)

[mrg]

Originally Posted by Lawdog
First of all, Corpus Juris Secundum is not the law.

It is a legal encyclopedia.

From the Georgia Rules of Professional Conduct:

(Preamble, Paragraph 2)

This is patterned after Canon 7 of the ABA's Model Code of Professional Responsibility:

A Lawyer Should Represent a Client Zealously Within the Bounds of the Law.

Dictionary.com is free if you need to look up the word zealous.

Dictionary.com is free if you need to look up the word "should."


The name Corpus Juris literally means "body of the law."

As in "not the law?"

As in "Within the Bounds of the Law?"

As in "under the rules of the adversary system?"

The full title is Corpus Juris Secundum: Complete Restatement Of The Entire American Law As Developed By All Reported Cases (1936- )

"Complete Restatement Of The Entire American Law"

Is that not fairly defininitive?



Lawdog:

Could you provide a copy of the text of the footnotes?


Footnotes 53 and 54.


Footnotes 55 and 56.


Footnotes 21, 22, 23, and 24.


Surely you own, or have fairly easy access to CJS.

It would be most helpful to provide the text of those footnotes to put the quotes from the section into "legal" perspective, don't you think?

You are here to help, aren't you?



Would the following list of quotes refer to any modifying exceptions to the quotes, "a lawyer zealously asserts the client's position," and "Represent a Client Zealously":

"As advocate,"

Within the Bounds of the Law,

and "under the rules of the adversary system?"

[mrg]

Come on lawdog.

Are you here to help or not?

You could easily enough post those footnotes couldn't you?

C'mon mayn!

At least come out and obfuscate.

Or you can just:

[mrg]

Shoonra.......?

[Lawdog]

I am here to help those who are not too far gone. Your delusions, however, are almost as severe as DiM's.

The full title is Corpus Juris Secundum: Complete Restatement Of The Entire American Law As Developed By All Reported Cases (1936- )

There goes your reading comprehension problem again. The key words are the ones in bold. The only reported cases that are binding on me and the courts where I work are Georgia cases. Cases from other states are merely persuasive authority.

And no, I don't have easy access to CJS. I'd have to go to a law library, and I'm not going to make that trip just for the likes of you. In over nine years as a lawyer, not once have I needed to look anything up in CJS. It's just not terribly important. If I want to look at a secondary source, there are plenty of legal encyclopedias and hornbooks specific to Georgia law. I don't want to waste time wading through the law of other states.

[palani]

Originally Posted by Lawdog

I am here to help those who are not too far gone.

Ah, yes. That would be for the assistance of those that are not beyond salvage.

salvage (n.) The general sense of "the saving of property from danger" is attested from 1878. Meaning "recycling of waste material" is from 1918, from the British effort in World War I.

Which meaning might you be referring to? Property or recycling of waste?

[mrg]

Originally Posted by Lawdog
I am here to help those who are not too far gone.

Your delusions, however, are almost as severe as DiM's.

There goes your reading comprehension problem again.

The key words are the ones in bold.

As is your practice, the predicate is presumptuous insult.

Again, such predicate, renders anything following irrelevant, and is but the reflection of cowardice born of lack of self esteem.

The statement concerning Title is opinion.

What part of "Complete Restatement Of The Entire American Law" do you have a problem with?

The "As Developed By All Reported Cases" was the part (in the instant case posted above), that I was thinking an "experienced" "lawyer" might have access to, and, "helpfully," be willing to share.

UGA won't give you online library access?

I think you are here to "help" people re-adjust their blinders so that they can better pull the little carriage you are letting it all ride on.