Okay, hackles up. : ) Bill, you've declared war on my
profession, so prepare to be shelled. <First salvo
away>
To quote Bill, who is readily dispensing more tidbits about
lawyers:
>Wrong!
>Attorney's cost money and generally escalate a fight.
<salvo
landed> Sounds like you've had bad legal advice, or either
*didn't follow* good advice. Sometimes things need to be escalated,
sometimes not. Good results are worth money. If you want to
win your case, protect yourself, or plan for defense of claims, maybe it
would be wise to at least ASK a lawyer about it. May not even cost
a dime. Get some ideas, have a conference. Might cost a
nominal fee.
>I've saved lots of money over the years by staying out of court and
away
>from lawyers and just talking reasonably with the other party.
<second
salvo away> <BOOM> Your theory seems to
be: avoid lawyers from the outset because they cause trouble and
cost money for nothing. Let's see about this theory:
But how
much money was LOST by not knowing what you were legally entitled
to, and not having the means or the knowledge to obtain it?
Did you even discuss possible ways to present your claims or defenses,
and what the costs would be, and the options? For example, a person
cuts trees on your farmland without your consent and takes them. You go
to small clalims court. The defendant establishes, and you admit on
cross examination that the value of your trees was $500 per tree.
Did you know you might be entitled to THREE-TIMES the damages (money)
awarded by the court under statute? Probably not. Did you
know that a court cannot give you legal advice, tell how to present your
case, tell what you are and are not legally entitled to?
Many people get hot, rattle the attorney saber, end up in court and with
their 'just
>cause' and loose... not only the court battle but also more money
in
>attorney fees.
Well there
are plenty of alternatives in the way of creative legal fees than the
simple hourly rate basis. Ever heard of the contingency fee?
In some
cases I take, I don't get paid unless I COLLECT. It's that
simple. How does that hurt YOU in terms of saving money? It
doesn't. DEFENDING claims is another story. Contingency fee
is not possible usually.
Going
to court as your own attorney: If you want to go to court
yourself and play Perry Mason and risk an adverse judgment, fine, but
wouldn't it help to KNOW the LAW?
It's just
like old William said. As in Shakespeare--
One who represents himself has a fool for a client. Just because you are
RIGHT (legally and morally, or either, or both) does not mean you will in
fact WIN. There are no guarantees in court, or even in cases going
outside of court. Yes, this happens. Anything can and will
happen. Murphy's law very much abounds. You are the
litigant. Is your judgment completely free of impairment from
emotional and physical involvement? Tell me your heart didn't beat
faster when you thought about having to make a argument to the
judge, ("Your Honor, I swear under my oath that the defendant
owes me that money! He borrowed it and now he is trying to lie his
way out of it!") or that you didn't get nervous when the case was
about to begin. Physical manifestations can affect judgment
too. Your emotional state -- "what if THEY win, not
me?" <sweat>
Emotions affect judgment. Bad judgment equals disaster 99% of the
time. The other 1% is pure luck, I guess.
I could go
on and on. This is not bull. This is not hype. This is
reality.
So, unless
you seek counsel with an attorney when trouble is ON THE HORIZON -- not
wait 'til it happens, hopefully, then you are in a great position to come
out ahead; or at least where you should rightfully be. Why
consult? The law is far too complex. Too many laws, too many
variables. I mean, come on --- I don't know engines
like many of the listees, and I certainly don't know electronics like
Darrell Boehler, and David Beierl. Thank goodness for them.
But if not for them, I would seek professional guidance somewhere.
It wouldn't be as good -- I know, but it would better than me
guessing around, and destroying my van in the process. And yes --
I've done that too. BUT, I learned from my mistakes. :
) And like all of us, there are some things that I know
better than anyone else.
Rant over -
Emphatic about our legal system and our rights? YOU BET!
Emphatic about my client's rights and my cases? Emphatic
about the value of good legal counsel? -- you know what the
answer is. : )
HK
I do not mean anything offensively. I am both a defender and
detractor of lawyers. There is good and evil
everywhere. But show me the evidence; the fact. Show me the
options, show me the knowledge, show me the choices made upon that
knowledge, and show me that informed, calculated, (good) judgment was
used. That is the best we can do.