tag:blogger.com,1999:blog-3669412675139526125.post3505505888374040719..comments2024-03-12T21:13:06.850-05:00Comments on Legal Schnauzer: Here's Why Americans Hate Lawyerslegalschnauzerhttp://www.blogger.com/profile/09619089628125964154noreply@blogger.comBlogger14125tag:blogger.com,1999:blog-3669412675139526125.post-73556829348902391852014-08-03T16:58:49.191-05:002014-08-03T16:58:49.191-05:00legalschnauzer...I can't comment on your exper...legalschnauzer...I can't comment on your experience of judges (since there are 50 states, etc.) but here where I am (CA), my experience is that if a judge wants to discourage a pro se litigant, it is 1) out of concern that a professional attorney on the other side may out-lawyer the untrained litigant and/or 2) the judge doesn't have time (due to his docket) to handhold and explain every step to the pro se litigant. It is likely those reasons than keeping cash flowing to the legal community. Where I am, family law (divorce pro se litigants) have tremendous leeway and advantages (help) from many family law judges. This is partly because half of the litigants are unable to afford divorce lawyers. Now, if it was other areas of the law like SEC, tax and/or complex litigation, I can see a judge in my area preferring that the parties be represented because of the complexities of the issues, that judge cannot stop to explain every detail to a pro se at every turn.<br /><br />I think the whole legal system is not user friendly to the average person. It is not a place where "justice" prevails most of the time. Because even when you win, you could really lose because of the fees. Having said that, I blame the abuse of the imperfect legal system more on clients suing each other more than the attorneys they hire or are stupid enough to be persuaded by their legal ads (pennies on the dollars, etc.) (or, my attorney Larry Parker got me a settlement of 1.5 million dollars but the picture doesn't show the lower half of the client's body in a wheelchair--paralyzed for life).<br /><br />The bottom line is that people's greed and vengeful spite are the causes of lawsuits--and lawyers/judges are just those who facilitate the process. If people didn't use the legal system (but for exceptional cases), we wouldn't see nearly the amount of abuse. <br /><br />Even with the most ethical lawyer, he/she usually only represents one side. There will typically be a side that will take less (lose, if you will). Very few who loses will ever have great things to say about the other side or their lawyer(s). So because of the nature of the adversarial system, at least 1/2 (if not more) of the people involved will have a negative view, regardless if the lawyer/judge was God himself (the losing side will still not like it).<br /><br />I say this from experience (not just a cliche)--people will hate lawyers until they truly need one. And when they need one, they are likely to like/love their lawyers if the lawyer works for free or close to free (besides winning). So when it comes down to it, many people's opinions of lawyers are quite selfish, based on what benefits them--economics being a primary factor. <br /><br />One of the best pediatric neurosurgeons in the country is Dr. Ben Carson. He is known for separating Siamese Twins, among other things. Did you know that he is only 50% successful in most of his hard cases--so he loses 50% of the time (the patient dies). Each of those surgeries costs upward of hundreds of thousands if not millions for the hard procedures. Someone pays for it--if not the patient--if not the insurance--then the donors. If medical services wasn't through insurance, I think that 1/2 (if not more) of the people paying thousands and tens of thousands of dollars for a 50/50 chance of success will vilify the physician also. The only reason why we're not there is because of insurance (someone else pays, including ourselves) and entitlement/medical programs. <br /><br />We all know (or at least we should), that in any lawsuit or medical procedure, we can't always win. In truth, we can become sore losers when it not only turns bad, but we have to pay for it also. I think that economics really influences our viewpoints--so much more than the lawyer or judge.LTNhttps://www.blogger.com/profile/03414631050713675825noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-71236346923134630012014-08-03T14:42:05.910-05:002014-08-03T14:42:05.910-05:00LTN:
I don't know if you are responding to me...LTN:<br /><br />I don't know if you are responding to me or someone else, but I have represented myself, and I have documented that many times on this blog. Unfortunately, judges tend to dismiss pro se litigants, I suspect because they want to discourage them in order to make sure cash keeps flowing to the legal community. Unethical lawyers are a problem, but corrupt judges are an even bigger problem--and it's one most lawyers are helpless to address.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-35039080409026701272014-08-02T12:44:58.727-05:002014-08-02T12:44:58.727-05:00I'm not here to defend or attack lawyers. I th...I'm not here to defend or attack lawyers. I think though, that clients like yourselves need to stop bashing any profession with so much vitriol. If you think they're that bad, than represent yourself. Even if you don't do any better, you would have saved yourself the trouble dealing with these professionals (MD, JD, CPAs, etc.). So represent yourself. And no, I'm not baiting you to call you a fool (the old adage of he who represents himself has a fool for a lawyer). Sometimes, cost benefit wise, it may be better to handle things yourself. Why do you have to have a lawyer, knowing that there is a 50/50 chance that it won't go well? If you go to jail or lose your house, roll the dice without having the stress of having to pay someone else at the same time. People who hire bad lawyers (and I know they don't know this necessarily at the beginning--same goes for the lawyer taking on a bad client/case) need to take personal responsibility. Roll the dice and do it yourself--that way, you for sure won't have a bad experience with a lawyer defending you--then you can only blame or praise yourself if you fail or succeed.LTNhttps://www.blogger.com/profile/03414631050713675825noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-15476244948296591672013-03-19T15:03:40.433-05:002013-03-19T15:03:40.433-05:00Anonymous
Maybe you should check your facts a bit...Anonymous<br /><br />Maybe you should check your facts a bit before posting (unless your name happens to be Faith Werner, the "friend" that you mentioned). The fact is, Faith Werner had been trying to sell the house for about 6 months. On the previous seller's disclosure, she had disclosed all the items that were left off the one the Webb's were given. It seems that she switched real estate agents and decided to forget about some things, such as water damage. The neighbors thought that the Webb's should know about it even though they had already bought the house at that point. Had they known of the water damage, they never would have bought the house. And unless you're referring to a horrible accident that Ms. Webb was involved in in the mid 80's, which she had to sue the driver at fault in order to cover her basic medical expenses, the Webb's have never been involved in any other law suits.<br /><br />Brad Stockford totally screwed the case up and screwed the Webb's out of even more money. A decent lawyer would have easily won against Werner, in fact, a jury found him guilty of malpractice and awarded the Webb's $250,000 (which was then summarily dismissed by the judge).<br /><br />Your "friend", Faith Werner, is a lying, sneaky cheat and will one day get what she has coming.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-27462288400404538022012-02-19T19:27:39.533-06:002012-02-19T19:27:39.533-06:00Sounds like Post Litigation Stress Disorder. "...Sounds like Post Litigation Stress Disorder. "PLSD" Has all of the Symptoms.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-47518783848445229972011-03-02T20:53:53.795-06:002011-03-02T20:53:53.795-06:00Anon:
Excellent advice. Thanks for sharing your s...Anon:<br /><br />Excellent advice. Thanks for sharing your story.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-83238451636747722602011-03-02T20:37:26.997-06:002011-03-02T20:37:26.997-06:00Geez I alwasys wondered if this kind of stuff coul...Geez I alwasys wondered if this kind of stuff could happen and if someone could lose their home because of it. Here is my story. A friend of mine sold her house in Plano TX to a couple by the name of Kurtis and Ingrid Webb (not very nice people BTW). She had filled out a sellers disclosure and some of the information wasn't 100% accurate - not because she was attempting to be decietful but because she had owned the house so long that she couldn't remember exactly all the years she had done specific work on it. Now this friend of mine kept her home in immaculate condition with everything maintained and fixed up 100% and more - she was almost anal about keeping everything perfect. Unfortunately she had a neighbor who wasn't a very nice person and when the new owners moved in she began to fabricate about things that had happened at my friends house like a water penetration issue where a fluke ice storm had caused some ice to get under the overhang and get into the house drywall in one area. Well my friend flipped out the day it happened and had it fixed immediately. No more water no chance of mold, etc. everything fixed good as new no real damage to the house it was all cosmetic. The Webbs, the new owners made a big deal about this and shopped around going to one lawyer after the next trying to find someone idiot enought to take the case - they found him - his name was Brad Stockford. Now, here is where it gets interesting. Quite a bit of time had passed before they hired Brad, in the meantime they had NEVER had an independent certified engineer or specialist come in and assess whether the home and sustained any real damages. The inspector they hired to inspect the home before the purchase even stated everything was in great condition. Bottom line, they could not prove any real damages or any devaluation of the property. Did this stop Brad Stockford ambulance chaser? No. He attempted to threaten and intimidate my friend into settling on a baseless lawsuit giving the Webbs 100K AND taking the house back. My friend fought it and eventually it was dropped - in part because it went past the statute of limiations. Now the Webbs are suing Mr. Stockford for negligence in informing them the statutue of limitations had passed. It seems clear to me Mr. Stockford didn't pursue it as he got further into the case I believe it became evident to him there was no chance to win because there was no real case and no damages. I feel sorry for my friend who took such great care of a wonderful house but sold it to a bunch of people who make their living suing people. This was not the first lawsuit the Webbs have filed and I suspect a good bit of their money has been from bullying it out of innocent people. Mr. Stockford should be ashamed of himself for perpetrating this fraud. It was painfully obvious to me, as well as every other lawyer that touched this case that it was baseless. <br /><br />I encourage anyone who sells a house to do a few important things:<br />1. Have your house inspected before putting it on the market.<br />2. Ensure your disclosure is as accurate as possible - if you don't know something for sure say so on the disclosure.<br />3. Ensure you have legal language inserted in the disclosure that it is filled out to the best of your knowledge and that the buyer should hire their own indepedent inspector to inspect the property before purchase.<br />4. Ensure any sales documents clearly state the sale is as is and that you are not responsible for any issues not identified by thier inspector - once the sale is done it's over - period.<br /><br />If you are a buyer - don't buy emotionally - get an inspector get 2 if you need to - make sure they know what they are doing - go over their report in detail.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-19631484857169645142010-12-15T15:32:29.547-06:002010-12-15T15:32:29.547-06:00Similar law stunts here in Georgia. It's so de...Similar law stunts here in Georgia. It's so demoralizing that ethical attorneys get disbarred and the so-called "big boy" attorneys get a free get-out-of-jail bail card all the time.nowcobbblognoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-2925808954756691852010-12-08T21:54:32.086-06:002010-12-08T21:54:32.086-06:00That's unfortunate because you sound like the ...That's unfortunate because you sound like the kind of lawyer that's needed in Alabama--one who understands the definition of ethics.<br />Heard from a friend in MGM tonight that all the usual corporate law dogs were milling about along with the lobbyists. <br />They will never relinquish their hold on Goat Hill.MaxShelbyhttp://alabamacorruption.blogspot.com/noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-11477668095597701142010-12-08T13:55:04.524-06:002010-12-08T13:55:04.524-06:00Until the profession is reformed, I don't want...Until the profession is reformed, I don't want to be an Alabama Lawyer anymore. I call for a house cleaning at the Alabama State Bar & new rules to regulate the profession including a citizens oversight commission. Like the police, lawyers cannot be trusted to regulate themselves. Young students & lawyers who try to help the average Alabamian are run out of the profession for the most minor offenses while the worst offenders escape serious punishment if they represent the powers that be.Robby Scott Hillhttps://www.blogger.com/profile/08625575128616865817noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-52372819754605806792010-12-08T09:51:09.273-06:002010-12-08T09:51:09.273-06:00Anon No. 2:
Your comment caused me to have a much...Anon No. 2:<br /><br />Your comment caused me to have a much-needed belly laugh. Many thanks.<br /><br />You are correct, sir. I've been grossly unfair to cockroaches. My wife hates them, and I guess I will have to blame my unfortunate comparison on her.<br /><br />But our cockroach friends certainly deserve better treatment from this blog. I will strive to remember that in the future.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-23174497707447705392010-12-08T02:41:54.237-06:002010-12-08T02:41:54.237-06:00what have you got against cockroaches?what have you got against cockroaches?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-38922703931654115502010-12-07T12:51:45.373-06:002010-12-07T12:51:45.373-06:00Anon:
Thanks for the kind thoughts. Don't thi...Anon:<br /><br />Thanks for the kind thoughts. Don't think I could handle palling around with GOP types. My deal is civil, so it's not really a matter of dropping charges. In fact, I'm now in the role of plaintiff in two lawsuits, trying to get justice for the screw jobs we've experienced regarding our jobs and house. Of course, this all started with me being the defendant in a bogus lawsuit. Our justice system truly makes me want to Swatek.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-8603250493655362782010-12-07T12:46:27.014-06:002010-12-07T12:46:27.014-06:00Bless your hearts. I can't imagine having to g...Bless your hearts. I can't imagine having to go through your situation. I hope it all works out for you, I really do. <br />I wonder if you made the announcement that you were a Republican now, you've renounced the Democrats, and start palling around with all the right wing Republiscum in Alabama -- would they drop all the charges? <br />Probably wouldn't work.<br />Hanging around those folks would make you want to Swatek.Anonymousnoreply@blogger.com