Wednesday, August 01, 2007

Legal Disclaimer

I already have a legal disclaimer in my legal notice. I am not a lawyer, I am not allowed by law to dispense legal advice, laws vary from region to region, blah blah blah, except you won't get a big bill from me.

Items in this blog are my personal observation, seek professional help, blah blah blah...

I have some personal observations and experience that lets say literally flies in the face of the law, actually appears to be against the law, that I think would be interesting to talk about. However, that is not to say that something I saw someone (maybe even me, without giving up my 5th amendment rights) get away with would work again for them or even work the first time for you.

I also do not want to encourage anyone to break the law, seek professional help to be sure you are on reasonably firm quick sand, that's the best you can hope for from the system. (jqism)

Let me summarize a few of my radical opinions here and I'll go into further examples latter...
  • Against the law is not black or white, its kinda gray and murky like the weather in London, this is why lawyers can make so much money dancing in the fog...
  • First there is the interpretation of the law, where skilled people can argue fine points
  • Then there is the contradictions that occur within the law
  • Then there is whether anyone even decides to push an issue, why not push for justice?
    Lack of funds to access the system, lawyers lack of interest in pursuing it even though you paid them, judges lack of interest or supervision, many more....
  • An order may exist, but without formal notification, it is in limbo, despite the common conception that you can not "plead ignorance", many do. Or in many cases they take steps to avoid being served, and thus successfully evade the order.
  • Once a person is formally notified, they can seek another jurisdiction, or claim lack of jurisdiction, it is deceit to the court they go to, but it is common.
  • The courts tend to take short cuts because of their immense case load, these often result in short changing justice too.
  • The high cost of using the courts means that people must settle for injustice. But even if they make the sacrifice to engage the courts these other imperfections create roadblocks to justice.
  • After notification your order should protect you, but there is no guarantee that it won't be ignored. It must be notified, verified, implemented, monitored, and enforced. All at additional cost. An order is a decision, it does not make it so.

It's kind of an extension of "Don't get caught". See the law is no better than the pirates code, actually the pirates code was a well organized set of rules to accomplish their goals... and be understandable to the common man. There was no room for lawyers and their games on a pirate ship, Comon sense ruled. In Pirates of the Caribbean # 1, Capt Barbosa said the perfect line, "They are really more like guidelines than rules".

It is important to understand this so the first time you see your opponent violate a restraining order and nobody does anything or when your own lawyer asks how many thousand dollars you are willing to pay to get some more worthless orders (asswipe) written that you don't act with naive indignation.

It is equally important to understand that when you are ready to bungee jump from a tall bridge (without bungee cords) because some order put you in an impossible situation where there is no alternative, that you understand there always is. Lawyers and orders will try to tell you otherwise, but my response is "You wake up every morning and you make choices all day long, and I am a very out of the box thinker and I will make choices, maybe choices you'd never dream of, about this without being hindered by your artificial limitations."

Now this drives your lawyer nuts because he thinks he'll get his ass kicked by the judge for not "controlling his client". I have had some success with this intimidation tactic spurring my lawyer to become a little more "creative". I've also had them threaten to drop me if did not follow their advice. It also risks a contempt of court charge. But I've had so many threats of those, I don't take them seriously anymore.

What ??? Who's running the show here? Good question, kind of like dogs running in circles trying to bite each others tail, who's in front? No real answer. (jqism)

Okay and now the formal part:
The "content" as defined in the full legal notice, has not been reviewed by legal counsel. No "content" is to be construed as an admission of fact or guilt. Fifth amendment rights can and will be considered if any challenge is made to the "content". If advised by legal counsel, it is possible that "content" will be revised or retracted to maintain author's rights.
So keep all this in mind when you read some "creative" posts coming up.


Status: Second Draft - last updated 08/01/07 08:30 pm

4 comments:

Little Wing said...

"Against the law is not black or white, its kinda gray and murky like the weather in London, this is why lawyers can make so much money dancing in the fog..."
John, you have a way with words, I gotta tell you!
"dancing in the fog".......I love it!

Lara Croft said...

I have no faith in the justice system, and I would rather avoid any situation that might require it. No offense and this is just a generalisation, but aussies generally see americans as laywer trigger happy victims. You know, slip on a wet spot and sue the owner type of thing. The only people I know who use lawyers are ones that are charged with breaking the law.

Determined said...
This comment has been removed by the author.
Determined said...

yeah, Lara. The legal and the health systems are both the same. Someone should write a blog about the health system.