Posts Tagged ‘state’
The Pro Se Problem
25
May
Tips & Tactics
 This mid-week Tips & Tactics will give you some insight into problems pro se people are running into and also show that pro se people are winning … more and more!
Going to court without a lawyer is more common than you might imagine. There is a definite trend in the U.S. for more people to fight without lawyers. An American Bar Association study is reported to show nearly 1/2 of all pro se people believe lawyers care more about their own self-interest than their client’s rights. If you go by calls and emails Jurisdictionary receives, there’s good reason for this! Lawyers who bail at the last minute. Lawyers who don’t really know what they’re doing. And, worst of all, lawyers afraid to pull judges’ chains and demand justice, instead of currying favor with the bench. An estimated 60% of pro se people say they can’t afford a lawyer, and 20% of pro se people say they simply don’t want to spend the money. About half of all legal actions in the U.S. involve at least one pro separty. That’s a lot of good folks who need more case-winning lawsuit know-how … since none of us were taught anything at all about justice in public school. It’s a real problem, and it’s growing worse each day! Ever ask yourself, “Why weren’t we taught anything at all about justice in our tax-supported schools?” Who is keeping it all a secret? As I learned in my 25 years of practice as a lawyer, the answer is usually found when you “follow the money”! Who benefits from your legal ignorance? You have a Constitutional right to get justice. You have a Constitutional right to win pro se! BUT! Pro se people often do not get justice. Why? Really! Go with me here, please! We at Jurisdictionary hear from a lot of folks claiming there’s a judicial “conspiracy” against pro se litigants, but let’s examine a few facts:
BUT! Pro se people who know what I explain so simply in the official Jurisdictionary step-by-step 24-hour course are winning and even getting compliments from judges and even opposing lawyers … because they do it right!
Consider this: If you and friends were playing a game of basketball, and some bystander came along who wanted to play but didn’t know the rules … how would you feel when he or she kept fouling and then arguing about his or her right to do as he or she pleased? Put yourself in the judges’ robes! Many years ago, after winning a motion, an older judge asked me to stay behind after the parties left. He took me aside and said simply this: “I want you to know that the case just before yours was about a little girl who’s grandfather thought it sport to extinguish cigars on the little girls legs.” I never forgot that moment. He wanted me to know just how serious other people’s cases are and how serious his job was. Not all judges are “against” pro se people “just because they are pro se”. Most of the judges I knew in my 25 years were good people who cared about other people and did their best to guarantee justiceaccording to the rules. Pro se parties who know the rules and how to use them the way my Jurisdictionary step-by-step 24-hour course makes so easy-to-understand don’t waste the court’s time and, as a result, get justice more often than not! Remember: It does no good whatsoever to complain. The difference between winners and losers is the fact that winners make an effort to learn the rules and how to use them to win! If you want to make it complicated and muddy the pond with all kinds of nutty arguments, you can do so, make the judge angry, and lose when your “evidence” isn’t admitted because it isn’t “admissible evidence”, etcetera. You can demand your Constitutional Rights, instead of learning about causes of action and their elements that win lawsuits, and you will lose. You can refuse to learn the rules of evidence and the rules of procedure and go to court with silly arguments and lose. But! If you want to win, get my affordable Jurisdictionary step-by-step 24-hour course now and master the case-winning strategies and tactics I used for 25 years as a case-winning lawyer in state and federal courts. There is only ONE “Official Jurisdictionary” course! If you’re paying a lawyer, know what your lawyer should be doing to earn his fee and win your case. If you don’t have a lawyer, know what you must do to force the judge do what’s right and prevent the lawyer on the other side from cheating. It’s that simple. My affordable, popular, official Jurisdictionary 24-hour step-by-step lawsuit course will show you how to write powerful pleadings, how to draft and argue motions, how to object in court, how to get admissible evidence into the record, how to prevent the other side from getting lies into the record, how to do legal research, how to compose your legal arguments, and much, much more.
You’ll learn how to avoid filing an answer by moving the court to dismiss or strike the complaint or require a confusing or poorly-worded complaint to be re-written. You’ll learn how to use effective discovery tools to force the other side to produce facts that may lead to admissible evidence. You’ll discover how to move the court and demand that the judge enforce your legal rights. In short, you’ll learn how to save money, maximize your winning power, and resolve conflicts peacefully and profitably … according to the rules! ________________________________________ Once you master the simple concepts I teach, you’ll be more powerful than most lawyers I met in 25 years as a licensed lawyer in state and federal courts as a licensed bar attorney! Of course you cannot learn all you need to know about what it takes to win by waiting for my Tips & Tactics each week. You need to learn the case-winning tactics in my affordable Jurisdictionary course that will show you what it takes to win, step-by-step in just 24-hours. Whether plaintiff or defendant, you cannot hope to win if you don’t know what my course teaches. These tips should convince you to order my complete course … whether you’re a plaintiff or defendant. If you don’t know what opportunities you have in court, you don’t have much of a chance of winning! Let me urge you to order my course today (if you don’t already have it) so you won’t make the common mistake of assuming you already know everything you need to win! Remember: Winners are people who know how the game is played to win — whether plaintiff or defendant. – – – – – – – The essential tools and elements are explained in the video you can watch right now by clicking the judge. Click the Judge to learn more. You won’t believe me, but most lawyers (and nearly all law school professors) don’t have a clue what it takes to win. Many law schools don’t teach “causes of action” or the elements necessary to prevail. It’s true! Many law schools don’t teach how to use your five (5) discovery tools or why you must be courageous and fight the judge and demand your right to get evidence in the record using your discovery tools. Many lawyers are afraid to upset judges, so they let things slide. They don’t object. They don’t “instruct” the judge on the law. They just lay back, take their hourly fee, and let their clients lose … and those who pay lawyers yet don’t know what Jurisdictionary teaches about winning are led to the slaughter by their own lawyer. Sad, but true! I know what it takes to win. I did this 25 years! My Jurisdictionary will show you how in just 24-hours, step-by-step! The Jurisdictionary Method wins lawsuits! Watch my video and see for yourself how easy it is to use knowledge, stealth, and wisdom to win in court! See what’s important, what’s not, and how to focus all your energy where it belongs: getting court orders! If you gain from watching my video, please forward this newsletter to ALL YOUR FRIENDS by hitting “Forward” on your email program now. Or use this link to send an email to all your friends. You probably know people who need to knock down judges and overcome crooked lawyers and their dishonest tricks. They will thank you for turning them on to this! Or, do both! Forward this newsletter AND send emails to friendsfighting in court who desperately need to know how to win! Most lawyers never learn what Jurisdictionary makes so easy-to-learn. People have been telling me since I started Jurisdictionary in 1997 that, “Your course should be required in first year law school.” But, of course, that’s not likely to happen, because whatJurisdictionary shows you isn’t politically correct! I teach you how to control judges, instead of bowing to them, I I teach you how to overcome crooked lawyers and their all-too-common sneaky tricks! Political correctness prevents justice too often! Winning lawsuits is a brutal axe fight! Read the testimonials in the right column ⇒ Thousands of people just like you are winning with my easy-to-learn 24-hour step-by-step course. Ask anyone who has my course.Everyone loves it! If you don’t know what my course teaches, you lose! End of story! Winners do what Jurisdictionary makes easy-to-learn and don’t wait until trial to get justice! Those who learn my affordable 24-hour step-by-step Jurisdictionary self-help course win … no matter how high the odds are stacked against them! Yes! Read the testimonials in the right column ⇒ Winners know how to fight to win! Losers believe internet fables. Losers get their legal education at the barbershop or on websites or expensive weekend seminars run by people who never practiced law, never went to law school, and don’t know mud from sand about rules or how to use them to control judges. Too many good folks believe mythological silver-bullet easy solutions to their legal problems and, as a result, are losing when they would be winning if they knew what I make so easy-to-learn in my Jurisdictionary course! The internet is infested with hare-brained schemes that sound too good to be true … and, like the old adage says, “If it sounds to good to be true, it probably isn’t.” Remember: The most dangerous falsehoods are ones we most want to believe! Why not learn from a real lawyer with nearly 25 years of case-winning experience? My course is not expensive! People who finish my course say an average 8th grader can learn it all in a single weekend. Please read the testimonials in the right column ⇒ If you have a lawyer, you will save thousands in legal fees by knowing what your lawyer should be doing, and at the same time you will maximize your chances for success by making certain your lawyer does what should be done, instead of taking you for a ride to the poorhouse – as happens to too many good people these days. If you don’t have a lawyer, you’ll know how to stop the opponent’s crooked tricks and control the judge! To learn more, go to: www.Jurisdictionary.com |
FINDING EVIDENCE TO WIN YOUR CASE
25
May
Evidence is the “stuff” 
you need to prove your case.
But, how do you find it?
That’s the fun part!
In this mid-week Tips & Tactics I give you a few tips how to use interrogatories to find evidence to win your case. There’s a lot more to it than I can tell you in a few Tips & Tactics, of course, so get the complete picture with my case-winning, affordable, amazingly popular, 4-CD, step-by-step, 24-hour official Jurisdictionary course that everyone is talking about!
Interrogatories are simply written questions that your opponent must answer under oath!
USE THEM WISELY!
USE THEM SPARINGLY!
THEY ARE POWERFUL TOOLS TO FIND EVIDENCE!
But, you only have a limited number to use.
Rule 33 Federal Rules of Civil Procedure states, “Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts.”
State rules may allow more or less, but most courts put some limit on the number of interrogatories you can use.
So, use them sparingly and wisely – but USE them!
The first interrogatory I serve on opponents reads like this, “Identify all persons having first-hand knowledge of any material fact alleged in the pleadings of this case and, with regard to each such person, state what they know about each such fact and how they came to know it.”
The other side will have a fit!
They will respond, “Objection, overbroad, burdensome, not calculated to lead to admissible evidence, seeks to inquire into attorney-client privilege,” etc., etc., etc.
Immediately file a “Motion for Better Answers to Interrogatories” and set your motion for hearing!
You are entitled to evidence disclosure! In fact, Rule 26 Federal Rules of Civil Procedure requires such disclosure, as do the state courts. So, don’t be hoodwinked by your own lack of knowledge about rules and what they require of opponents.
And, don’t be fooled by the all-too-common objection, “The facts sought are not admissible at trial.”
They don’t have to be admissible at trial!
Rules of evidence discovery are different from rules that control at trial.
Rule 26(b) Federal Rules of Civil Procedure provides, “Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense — including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.”
State rules generally follow the federal rule.
What you seek with interrogatories (and all your other five discovery tools I explain fully in my case-winning, affordable, amazingly popular, 4-CD, step-by-step, 24-hour official Jurisdictionary course that everyone is talking about) need not be admissible at trial, so long as the facts you seek are “reasonably calculated to lead to the discovery of admissible evidence”.
Don’t let lawyers trick you!
You have an unquestioned right to find evidence that will help you prove your case.
Evidence + Legal Authority = Victory in Court!
If you don’t know how to find evidence, you lose!
Learning how is easy with my affordable, case-winning, official Jurisdictionary step-by-step, 24-hour course. If you don’t already have my course, NOW is the time to order and start learning how to avoid legal trickery so you can win your case and overcome your opponent using the official rules … instead of internet legal mythology!
You cannot win if you don’t know how to find evidence and get it into the record using your five discovery tools.
Clever argument is not enough.
Those who haven’t yet learned how to find evidence go to court with the idea they “already have all the evidence they need”. I hear this over and over again. People think because they have a copy of a document or photograph or audio recording that they’re sure to win. Then, when they get to trial (when it’s too late to do any more discovery) they “discover” all the stuff they thought was “evidence” is inadmissible at trial!
Why lose when it’s so easy to learn how to win?
Everyone is talking about Jurisdictionary. People tell their friends. People promote it on their websites and in their emails.
Why?
Because my popular Jurisdictionary course works!
That’s why!
Don’t be left holding an empty evidence bag!
Your decision to win is your decision to learn how!
Winning lawyers know how to find evidence!
My 25 years of experience as a case-winning lawyer licensed in state and federal courts has shown me this.
Evidence wins lawsuits – not Constitutional arguments.
My Jurisdictionary course will show you much more about how to effectively use interrogatories and all your five discovery tools to get case-winning evidence into the record and force your opponent to cooperate!
Order Now! before the price increase and before your opponent takes advantage of your not knowing how to find evidence and get it in the court’s record!
Winning is fun!
Losing is for losers!
Learn from the leader!
Step-by-step in 24 hours!
Winning is easy if you do what I teach in my course!
I know what it takes to win. I practiced law nearly 25 years. I can help you, if you’re willing to learn from me!
Pro se people often do not get justice.
Why?
Let’s examine a few facts:
- Most pro se people don’t know the rules.
- Most pro se people don’t know how to prevent the lawyer on the other side from playing tricks with the rules.
- Most pro se people make assumptions about what is “admissible evidence” and stuff that isn’t.
- Most pro se people don’t know how to draft their pleadings or motions properly.
- Most pro se people don’t know why it’s important to write proposed orders for the judge to sign.
- Most pro se people don’t know why, when, or how to make effective objections in court.
- Most pro se people don’t understand what facts are critical to winning a case and what facts are of no consequence but only muddy the waters with court-confusing insignificance.
- Most pro se people don’t know why it’s so vitally important to cite controlling appellate cases in support of their pre-trial and trial motions.
- Most pro se people don’t know how to arrange for a written transcript to be made of all proceedings before the court, so they can control the judge.
- Most pro se people waste valuable court time with non-essentials, fail to appreciate the needs of others who have their own problems to bring before the court and, as a consequence, tend to make judges dread pro se cases.
Pro se people who know what I explain so simply in the official Jurisdictionary step-by-step 24-hour course are winning and even getting compliments from judges and even opposing lawyers … because they do it right!
Read the testimonials! ⇒
Not all judges are “against” pro se people “just because they are pro se”. Most of the judges I knew in my 25 years were good people who cared about other people and did their best to guarantee justiceaccording to the rules.
But! You must know how to protect yourself!
Pro se parties who know the rules and how to use them to protect themselves from courtroom corruption the way my Jurisdictionary step-by-step 24-hour course makes so easy-to-understand don’t let crooked lawyers get away with their smoke-and-mirrors tricks!
It does no good to complain after losing.
The difference between winners and losers is the fact that winners learn how to win!
If you want to make it complicated and muddy the pond with all kinds of nutty arguments, you can do so, make the judge angry, and lose when your “evidence” isn’t admitted because it isn’t “admissible evidence”, etcetera.
You can demand your Constitutional Rights, instead of learning about causes of action and their elements that win lawsuits, and you will lose.
You can refuse to learn the rules of evidence, the rules of procedure, and the tactics and strategies my course is so popular for making easy to learn, and you will lose!
But!
If you want to win, get my affordable Jurisdictionary step-by-step 24-hour course now and master the case-winning strategies and tactics I used for 25 years as a case-winning lawyer in state and federal courts.
There is only ONE “Official Jurisdictionary” course!
If you’re paying a lawyer, know what your lawyer should be doing to earn his fee and win your case.
If you don’t have a lawyer, know what you must do to force the judge do what’s right and prevent the lawyer on the other side from cheating.
It’s that simple.
My affordable, popular, official Jurisdictionary 24-hour step-by-step lawsuit course will show you how to prepare orders, write powerful pleadings, draft and argue motions, object in court, get admissible evidence into the record, prevent the other side from getting lies into the record, do legal research, compose your legal arguments, and much, much more.
You’ll learn how to avoid filing an answer by moving the court to dismiss or strike the complaint or require a confusing or poorly-worded complaint to be re-written.
You’ll learn how to use effective discovery tools to force the other side to produce facts that may lead to admissible evidence.
You’ll discover how to move the court and demand that the judge enforce your legal rights.
In short, you’ll learn how to save money, maximize your winning power, and resolve conflicts peacefully and profitably … according to the rules!
_______________________________
Once you master the simple concepts I teach, you’ll be more powerful than most lawyers I met in 25 years as a licensed lawyer in state and federal courts as a licensed bar attorney!
Of course you cannot learn all you need to know about what it takes to win by waiting for my Tips & Tactics each week. You need to learn the case-winning tactics in my affordable Jurisdictionary course that will show you what it takes to win, step-by-step in just 24-hours.
Whether plaintiff or defendant, you cannot hope to win if you don’t know what my course teaches.
These tips should convince you to order my complete course … whether you’re a plaintiff or defendant.
If you don’t know what opportunities you have in court, you don’t have much of a chance of winning!
Let me urge you to order my course today (if you don’t already have it) so you won’t make the common mistake of assuming you already know everything you need to win!
Remember: Winners are people who know how the game is played to win — whether plaintiff or defendant.
– – – – – – –
The essential tools and elements are explained in the video you can watch right now by clicking the judge.
Click Here or on the Judge to learn more.
You won’t believe me, but most lawyers (and nearly all law school professors) don’t have a clue what it takes to win. Many law schools don’t teach “causes of action” or the elements necessary to prevail. It’s true!
Many law schools don’t teach how to use your five (5) discovery tools or why you must be courageous and fight the judge and demand your right to get evidence in the record using your discovery tools.
Many lawyers are afraid to upset judges, so they let things slide. They don’t object. They don’t “instruct” the judge on the law. They just lay back, take their hourly fee, and let their clients lose … and those who pay lawyers yet don’t know what Jurisdictionary teaches about winning are led to the slaughter by their own lawyer.
Sad, but true!
I know what it takes to win. I did this 25 years!
My Jurisdictionary will show you how in just 24-hours, step-by-step!
The Jurisdictionary Method wins lawsuits!
Watch my video and see for yourself how easy it is to use knowledge, stealth, and wisdom to win in court!
See what’s important, what’s not, and how to focus all your energy where it belongs: getting court orders!
If you gain from watching my video, please forward this newsletter to ALL YOUR FRIENDS by hitting “Forward” on your email program now.
Or use this link to send an email to all your friends. You probably know people who need to knock down judges and overcome crooked lawyers and their dishonest tricks. They will thank you for turning them on to this!
Or, do both! Forward this newsletter AND send emails to friends fighting in court who desperately need to know how to win!
Most lawyers never learn what Jurisdictionary makes so easy-to-learn. People have been telling me since I started Jurisdictionary in 1997 that, “Your course should be required in first year law school.” But, of course, that’s not likely to happen, because whatJurisdictionary shows you isn’t politically correct! I teach you how to control judges, instead of bowing to them, I I teach you how to overcome crooked lawyers and their all-too-common sneaky tricks!
Political correctness prevents justice too often!
Winning lawsuits is a brutal axe fight!
Read the testimonials! ⇒
Thousands of people just like you are winning with my easy-to-learn 24-hour step-by-step course. Ask anyone who has my course.Everyone loves it!
If you don’t know what my course teaches, you lose!
End of story!
Winners do what Jurisdictionary makes easy-to-learn and don’t wait until trial to get justice!
Those who learn my affordable 24-hour step-by-step Jurisdictionary self-help course win … no matter how high the odds are stacked against them!
Just read the testimonials! ⇒
Winners know how to fight to win!
Losers believe internet fables. Losers get their legal education at the barbershop or on websites or expensive weekend seminars run by people who never practiced law, never went to law school, and don’t know mud from sand about rules or how to use them to control judges.
Too many good folks believe mythological silver-bullet easy solutions to their legal problems and, as a result, are losing when they would be winning if they knew what I make so easy-to-learn in my Jurisdictionary course!
The internet is infested with hare-brained schemes that sound too good to be true … and, like the old adage says, “If it sounds to good to be true, it probably isn’t.”
Remember: The most dangerous falsehoods are ones we most want to believe!
Why not learn from a real lawyer with nearly 25 years of case-winning experience?
My course is not expensive!
People who finish my course say an average 8th grader can learn it all in a single weekend.
Read the testimonials! ⇒
If you have a lawyer, you will save thousands in legal fees by knowing what your lawyer should be doing, and at the same time you will maximize your chances for success by making certain your lawyer does what should be done, instead of taking you for a ride to the poorhouse – as happens to too many good people these days.
If you don’t have a lawyer, you’ll know how to stop the opponent’s crooked tricks and control the judge!
To learn more, go to: www.Jurisdictionary.com
Click this link to watch VIDEO again.
========================
My affordable 24-hour step-by-step lawsuit self-help course includes:
- 5-hour video CD simplifies process of litigation
- 2 audio CDs present tactics and procedures
- 15 tutorials on a 4th CD go beyond the basics
- Free EasyGuide to the Rules of Court
- Temporary online access while CDs in Mail
Control judges!
Save legal fees!
Defeat crooked lawyers!
Ask anyone who has it: Jurisdictionary Works!
Call Toll Free for details: 866-Law-Easy
Get your competitive edge before the price increase.
Force judges to enforce the rules, instead of allowing the lawyer on the other side twist the law against you!
You cannot win if you don’t know how to control the judge and all the lawyers (including your own lawyer, if you can afford to pay one to go to court for you)!
You’ve heard the horror stories from others.
Don’t let it happen to you!
Order my course now, if you don’t already have it.
Know the rules and how to force everyone to obey!
Know how to draft proper pleadings, how to get your own evidence in the court’s record, how to keep the other side from getting their evidence in, how to move the court to enter orders favorable to your cause, and how to use your Jurisdictionary legal know-how and case-winning strategies to control the judge and win your case!
My self-help course is presented in such an easy format people tell us an 8th grader can learn it in just 24 hours!
Know what you must know to win!
Stop courtroom corruption!
I’ll show you how in just 24-hours … step-by-step!
Control judges and lawyers – or lose!
My “Tips & Tactics” newsletters are only introductions to the complete course you need to win. If you don’t already have my 24-hour step-by-step self-help course, go to my website and order now!
Read the testimonials! ⇒
As Woody Guthrie used to sing, “This Land is our Land,” and that includes every courtroom and every courthouse from San Diego to Bangor, Maine. Why let lawyers control our lives with trickery? Why let judges destroy our lives by letting lawyers get away with their trickery?
YOU CAN WIN!
Forward this newsletter to ALL YOUR FRIENDS!
If you aren’t involved in a lawsuit or threatened with one today, learn what my course teaches and help others who will be destroyed by all-too-common courtroom corruption if YOU don’t help them learn what it takes to win!
There are more than 150 lawsuits filed every minute in the United States – nearly 100 million each year. Try to imagine how many thousands of good, honest people will be destroyed in the next 7 days just because they have no idea how to protect themselves and have nobody they can trust (or afford) to help them win!
Urge everyone to get my affordable 24-hour course!
Do it for your nation … and for your children!
Dr. Frederick David Graves, JD
Medical Malpractice
06
Apr
Medical malpractice claims must be filed before the statute of limitations expire
in your state. Info to file malpractice lawsuit. Statistics on medical malpractice claims and help finding a good malpractice attorney ….
Arizona Child Support Calculator
06
Apr
Arizona child support calculator Here’s essential information to estimate child support in Arizona. How much is owed?
How do you get back child support in Arizona? This free support estimator gives you a general idea of where you
stand with child custody and support rulings in the state of AZ
FINE FINALLY FREED!
14
Jan
UPDATE Friday, January 14, 2011
Fine and his daughter Victoria need to get their act together. If his 18 month coercive confinement in solitary is to have any meaning and a good result, we, his supporters, need to be kept informed. The latest information that I had was that he would be in court number 86 down at the Stanley Mosk courthouse at 9:30am, in front of Judge Ann Jones, you can come and Visit us and so we will feel more supported with your presence since at this time is when we need your support the most . I went. Nada. Nothing. Coming home, I find after much computer searching that she had recused herself as one of the accused judges, and the case was reassigned to department 85 in front of Judge Robert O’Brien with no date for a hearing, back on December 16th. How are his admirers to know if they are not on someone’s personal email list?
It’s not good enough for a fan site. It needs a blog kept up-to-date by Richard Fine himself. Enough said!
********************
September 18, 2010
This is BIG news. He won! It can be done! As a PRO PER too!
From the L.A.Times, Scott Glover, September 18, 2010:
LAWYER ABRUPTLY FREED FROM JAIL
Richard Fine, 70, had spent a year and a half behind bars on contempt charges. Richard Fine has contended he was being targeted because of his challenges to county-funded benefits that judges receive on top of their state pay.
A 70-year-old lawyer who was sentenced to jail “indefinitely” on contempt-of-court charges was abruptly released Friday evening after spending a year and a half behind bars. He was released from Los Angeles County Jail in downtown Los Angeles shortly after 9 p.m. but did not wish to speak to a Times reporter, said his daughter, Victoria.
Fine, an antitrust and taxpayer advocate attorney, was thrown in jail last year by Superior Court Judge David P. Yaffe for failing to answer questions about his finances and for practicing law without a license. [His brave fellow lawyers at the ABA had taken his license away from him – an embarrassment to their lying profession, no doubt!]
The contempt charges stemmed from a case Fine filed on behalf of Marina del Rey homeowners who sued local developers. He had been ordered to pay sanctions and attorneys’ fees in the case. Fine contends he was being targeted by Yaffe because of his challenges to county-funded benefits that judges receive on top of their state pay.
Rather than comply with Yaffe’s orders and be released from jail, Fine vowed to take his case all the way to the U.S. Supreme Court. In May, however, the [“justice for all”] court declined to take up his petition, meaning he could have remained in jail indefinitely as Yaffe had ordered.
The judge could not be reached for comment late Friday.
While in solitary confinement, Fine filed habeas corpus petitions for his release with the California Supreme Court, District Court and the U.S. 9th Circuit Court of Appeals, alleging that Yaffe was biased against him and should have recused himself from the contempt-of-court case.
His imprisonment was “the latest encounter in the 10-year campaign by Fine to restore due process in the California judicial system,” the attorney, who has been representing himself, wrote in his petition to the U.S. Supreme Court. “Fine is the only attorney, of the approximately 208,000 California attorneys, with the courage to challenge the California judiciary,” he wrote.
In a telephone interview with The Times in May, Fine said the U.S. Supreme Court had made the wrong decision by allowing him to remain in jail. He said he would be filing another petition.
“I’m in fighting condition,” he said. “They haven’t broken me down, and they won’t break me down.”
Interesting to note that on September 16, Judge Yaffe made a minute order that Fine should be imprisoned for a further 6 months after which there would be a hearing, and then ON THE VERY NEXT DAY, reversed himself with an order that he should be set free. True, it was the Day of Atonement, (being the first day of Yom Kippur), but I don’t think this moved his change of heart.
I’d rather speculate another reason that this took place. We may never know, but could it have been by Executive Order from the president?
Imagine, he’s sitting across from Ahmadinejad, trying to explain, and complain. Ahmadinejad isn’t listening. Instead, he’s asking how it is that a U.S. citizen is sitting alone in a government prison for a year and a half, on the orders of an American judge, without due process, and brings up images of glass houses.
Obama’s not doing much better with Chavez, who looks at him with a barely concealed smile on his face.
As for Castro, he just slaps his knee, points, and laughs and laughs.
So it becomes a national security issue; there’s a phone call from the White House, and right is finally done. And Yaffe will probably go into hiding after announcing his resignation from the bench.
For a full explanation, and background, to this very shocking very American story, the Full Disclosure Network link provides it here.
And as a lesson to all of us pro pers who would file briefs in court, and could do with a model of clarity and succintness, read Richard’s all-inclusive complaint addressed to some of today’s power brokers.
THREE CHEERS FOR FINE! WELL DONE! YOU DID THIS FOR THE DOWNTRODDEN, AND NOW IT’S ONWARDS AND UPWARDS. YOUR SACRIFICE WILL NOT BE FORGOTTEN!
READ THE ACTUAL COURT DOCUMENTS HERE, courtesy of the FULL DISCLOSURE NETWORK:
These documents, written by Richard Fine, are models of construction, especially given that they were written while confined to a jail cell. THEY WERE IGNORED! Which leads one to the question, WHY BOTHER? What’s the alternative in this greatest country on God’s Green Earth? What follows is one man’s experience in the justice system of these United States:
1. CALIFORNIA SUPERIOR COURT (L.A.). In Judge David Yaffe’s Courtroom. Case No. BS 109420. Notice of Hearing to Order Release. Filed on May 21, 2010. After filing Judge Yaffe refused to set a hearing.
2. U. S DISTRICT COURT (Federal Court) in Judge Magistrate Carla Woehrle’s courtroom. Case No cv-09-1914 JFW (CW). Request for Release. Hearing filed June 9, 2010. The Court failed to act.
3. U.S. SUPREME COURT Petition for Re-Hearing Case No. 09-1 250. Filed June 11, 2010 ( Petition for Writ of Certiorari.) filed June 11, 2010. Court failed to act.
4. Back in CALIFORNIA SUPERIOR COURT, Judge David Yaffe testifies as a witness while sitting on the bench…… and rules in his own favor. In this December 22, 2008 court transcript Judge Yaffe says he is troubled by the court rule that says “in the absence of objection” he must testify, even though he is sitting in judgment on the case. He then admits receiving payments from L. A. County and not disclosing them. When the attorney representing the “interested party” raised an objection to the line of questioning posed by Richard I Fine, (who was representing himself), Judge Yaffe then ruled in his own favor while testifying as a witness.
5. In 2008 the California Supreme Court held in Sturgeon vs County of Los Angeles that the county payments to State Judges were illegal. What to do? So In 2009 the CALIFORNIA LEGISLATURE gave RETROACTIVE IMMUNITY from criminal prosecution, civil liability and disciplinary action to all California Judges and government officials under Senate Bill SBX2 11 (Section 5) for the illegal payments that had been made to judges since 1987.
Will LegalZoom Become the Largest Law Firm in the US?
05
Jan
LegalZoom has been beta testing a concept which links its marketing capabilities to a network of law firms that offer legal services under the LegalZoom brand. With some state bar associations accusing LegalZoom of the unauthorized practice of law, it might makes sense for the company to seek deeper alliances with networks of attorneys who are able to offer a full and ethically compliant legal service. Solos and small law firms, leveraging off the visibility and prominence of the LegalZoom brand, could reduce their marketing costs and enable these firms to better capture consumers who are part of the “latent legal market” on the Internet. It could be a win/win for both parties.
Unfortunately, linking the capital and management resources of profit-making organization with private law firms is almost impossible in the United States, given the regulatory framework that governs law practice. Unlike, the United Kingdom, which is in the process of deregulating the legal profession, enabling profit-making companies, from banks and insurance companies to retail chains like Tesco, to actually own a law firm, and/or split legal fees with a non-law firm, these practices in the US are strictly taboo.
In the US, law directories can charge a flat marketing fee for a listing, but sharing legal fees with a marketing organization can get you disbarred.
During the dot-com boom around 1999-2000, a company emerged by the name of AmeriCounsel that tried to create a hybrid organizational structure similar to the LegalZoom experiment. The company sought to enable a network of attorneys to offer legal services at a fixed and reasonable price and to mediate between the consumer and the law firm in terms of guaranteeing the quality of the legal services offered. The company failed during the dot-com bust for various reasons, including lack of financing, but on the way to failure, secured some opinions from state bar associations that blessed their model and provides a blue print for hybrid delivery systems which combine the expertise of a law firm with the marketing, management, and technological resources of a non-law firm.
One such opinion was issued by the Nassau County Bar Association New York State.
The Bar Association reasoned that the AmeriCounsel scheme was permissible because:
[S]ince AmeriCounsel does not charge attorneys any fee and since AmeriCounsel does not “recommend” or “promote” the use of any particular lawyer ’s services, it does not fall within the purview of DR 2-103(B) or (D). Rather, AmeriCounsel is a form of group advertising permitted by the Code of Professional Responsibility and by ethics opinions interpreting the Code.
In this model, AmeriCounsel provided technology and administrative services to link the client with the lawyer, but the law firm made no payment to AmeriCounsel. Instead, a separate administrative/technology fee was paid by the consumer to AmericCounsel for using the web site and gaining access to the lawyer. (This is not a practical scheme in today’s web environment, in my opinion), Moreover, AmeriCounsel did not choose the lawyer. The client was able to compare the credentials of different attorneys and choose their own lawyer. Thus no legal referral was involved, which would not be permitted in New York, as only an approved non-profit organization can make legal referrals.
In my opinion, this model, forced on AmeriCounsel, by the Rules of Professional Responsibility, is cumbersome, hard to implement, and was not economically viable for AmeriCounsel. Perhaps this was one of the causes of its failure.
Almost a decade later, companies that want to enter into this kind of hybrid relationship with lawyers, have to follow the same rule structure, as the ABA Model Rules of Professional Responsibility as the rules have not changed in any significant way. changed. It will be interesting to see whether the ABA Ethics 20/20 Commission, which was set up just last year, will address these issues at all.
Perhaps there should be a “safe harbor” that enables organization’s like LegalZoom to experiment with new patterns of legal service delivery that could operate for a limited period of time in a specific state, like California, The experience would be evaluated carefully as a basis for rule and policy change. The evaluation would be aimed to see if client’s interests are compromised in any way, and whether the delivered legal service is less expensive, without compromising the quality of legal service.
Instead of creating legal profession regulatory policies that are based on the legal profession’s idea about what is good for the consumer, policy could be based on real experience and facts. Experimentation is good. It leads to change, and in other industries improvement of methods and approaches over a period of time.
Of course, I don’t believe that this will ever happen in the US, at least not in my professional lifetime.
What Happens If You Die Without a Will?
06
Oct
In truth, you have a will whether you know it or not. Note, the government does not take your property, this is a common misconception. However, if you never made a formal will, your state government made one for you. It is located in statutes commonly referred to as the laws of intestate succession. In Ohio, it is located in Title XXI of the Revised Code, Chapter 2105. You can see exactly what it says here. In a nutshell, your estate would be distibuted to your next of kin as defined in the code. To get a good idea of how your property would be distributed, here is a valuable resource to calculate that for you.
This only applies to probate assets. What probate assets are and how to avoid probate will be the subjects of future articles.
If you do not like that distribution, you will have to prepare a will to ensure your estate is distributed the way you want it. Even if intestate succession does distribute your property to your liking, there are other reasons to have a will. Often there is question as to whether you had a will, which can lead to arguments and complex litigation among family members. This is especially true if one or more family members were under the impression that you were leaving them something (or lie and say you did). Your will would clarify that. Also, you can put other dieing wishes in your will such as who you want to raise your children and your burial wishes. While these clauses may not be enforcible, at least your wishes will be known (again subjects for future articles).
When “The Law” Breaks the Law!
Read carefully what I tell you today!
The Wild West was won by a small number of folks smart enough to bring along:
They settled lawless cowtowns like Tombstone and Dodge City – not with faster guns and bigger fists, but with popular support of the local townsfolk who believed in the principles of Justice found in those two books: the Bible and Blackstone.
Each of you faces the threat of similar lawlessness.
Yes, even today!
Yes, perhaps especially today!
It may be a bank using fraud to foreclose on your home.
Or, a corrupt business partner, ex-spouse, or next-door neighbor out-of-control.
For many of you, it’s the threat of government officials refusing to follow the law – tax collectors, police officers, and worst of all corrupt judges who allow fraud to prevail.
When “the law” is an outlaw, there’s only one remedy.
The Rules!
I’ll bet you didn’t know the Federal Rules of Evidence are only 16 pages … the very same rules of evidence that control every federal judge, every lawyer arguing in federal court, every giant corporation suing you or being sued by you in federal court, and every government agency trying to pull the wool over your eyes to rob you of your rights,because you don’t yet know the rules as you need to know them …how to use the rules to stop corruption!
State court rules are just as simple and powerful!
Your legal problems today can be solved the same way those western settlers brought lawlessness to its knees in the prairies and remote mountain communities west of the Mississippi more than one-hundred years ago.
The Rules stop lawlessness, once you know how to use the rules to control corrupt judges and crooked lawyers so you can get Justice!
The Rules of Evidence and Rules of Procedure are your protection from lawless legal officials, crooked lawyers, and corrupt judges …Rules that are very easy to learn with my popular, affordable, 24-hour Jurisdictionary step-by-step self-help course!
You have a remedy at law … if you know how to use it.
If a fraudulent lender, bill collector, tax man, corrupt judge, crooked lawyer, or anyone else uses unlawful force to deprive you or your family of your rights, you have a powerful remedy!
THE RULES OF COURT!
The Rules of Evidence and Procedure RULE the courts!
This is true only for those who know how to use them!
Those who know how to use the rules can easily control everyone by the court, in court, and through the court. Parties, judge, lawyers – all are subject to the rules and must obey the rules when you know how to use the rules effectively.
The rules control courts just as surely as the rules of baseball control ball players and umpires!
The Rules of Court are the People’s power to control our government and command our leaders to protect us and redress our grievances with court orders that command even those in the highest offices, the richest of the rich, the biggest of the big.
The Rules are what makes America great!
The Rules are what make YOU POWERFUL!
Yes, even as an individual doing battle with a powerful bank or the county commissioners or a state-supported hospital or an ex-spouse who wants to take you to the proverbial cleaners, YOU HAVE POWER TO WIN BECAUSE THE RULES GIVE YOU THAT POWER.
The Rules are what the 4th of July is all about!
The Rules give every one of us not only the “right to enjoy our rights” but “power to enforce our rights”!
Liberty and Justice are for ALL who know the Rules!
The Rules give you power to (1) make a public record of your grievance, (2) force opponents to answer questions and produce documents and things under oath, (3) force judges to act lawfully, (4) require everyone in court to act lawfully, and (5) have people sent directly to jail if they don’t comply with the rules!
Bet you didn’t know you had that much power!
But, you do have this power … all of you do!
Once you know the Rules of Court and how to use them effectively the way I make easy-to-learn with my 24-hour step-by-step official Jurisdictionary course, nobody will ever again kick sand in your face!
Nobody ever again will rob you under color of law.
Nobody ever again will abuse you and get away with it!
If you don’t yet know what I teach, you cannot imagine how much fun it is to force people to do what’s right by using the rules against them – whether it’s your opponent, some crooked highly-paid lawyer, or even a judge!
Being an American has real advantages!
Everyone gets to use the Rules to stop foreclosure.
Everyone gets to use the Rules to prevent financial loss due to fraud, breach of contract, or unlawful acts.
Everyone gets to use the Rules to see their own children after an ugly divorce!
Everyone gets to use the Rules to command government leaders to either justify their actions by law or back off!
That’s how the West was won!
That’s how you will win once you know what I teach in my popular, 24-hour, step-by-step Jurisdictionary self-help course.
It’s affordable. Less than what it will cost you to sit and chat with a lawyer for one brief hour … and you will learn what it takes to control lawyers: other people’s and your own, if you have one!
I wish I could have been the lawyer who questioned Bill Clinton when he smarted-off with that famous response, “Depends on what you mean by ‘is’.”
What a blast it would have been explaining he was for the duration of that deposition no longer President of the United States. He was being deposed. For that hour or two he had no privileges to ignore the law that binds the rest of us. If he persisted in not answering myquestions with proper responses, I’d have stopped the deposition and moved the court for an order to show why he should not be held in contempt for failing to answer according to the Rules that control every one of us in America!
If he continued to refuse after being ordered to show cause, I’d have moved the court for an order finding him in contempt and jailing him until he agreed to answer me with proper responses according to the Rules!
These are the Rules our Founding Fathers pledged their lives, their fortunes, and their sacred honor to protect.
You may ask, “Do you mean I can have the President of the United States jailed for refusing to answer questions at a deposition?”
Yep!
That’s YOUR POWER!
That’s the power that belongs to every American who will take just 24 hours to learn how to use the Rules of Court to their advantage!
And, once you have POWER TO CONTROL THE COURT, you have power to control the executive branch of our government (state and federal), the legislative branch of our government (state and federal), your local politicians, your local school board, the bank or mortgage company that’s using fraud to foreclose on your home, the liar who slandered you to an employer, the ex-spouse who’s trying to get revenge, the doctor who failed to properly diagnose your illness, your next door neighbor whose tree fell on your roof, and anyone and everyone else who injures you!
Once you know the rules the way I explain so easily an 8th grader can learn, understand, and use in just 24 hours, you have the power every American should seek!
Justice doesn’t fall from the sky.
Justice doesn’t grow on trees.
Justice is a prize that can be won by those who know how to win!
Knowing how to use the Rules is how you win!
Don’t take “no” for an answer.
Don’t just roll over when the other side objects to your requests for production or ignores your interrogatories.
Don’t give up when the other side cites some bogus case that has nothing to do with the issues in your pleadings.
Use the Rules and tame that Wild West spirit that too often takes advantage of those who don’t yet know what I make so easy-to-understand in my popular and affordable 24-hour official step-by-step Jurisdictionary self-help course.
Read the testimonials! ⇒
All 4 CDs plus instant internet access as soon as you order, still only $249 (plus 7.50 for Priority Mail delivery).
What do you have to lose?
Losers believe in fables and get their legal education at the barbershop or expensive weekend seminars or websites run by people who never practiced law, never went to law school, and don’t know mud from sand about the Rules or how to use them to control the court.
Jurisdictionary was created by me to help you with the knowledge and practical experience I gained in 25 years of practicing law in state and federal courts.
Take advantage of what I learned about holding judges’ feet to the fire, devastating crooked lawyers with incisive discovery weapons, getting truth out of liars and frauds.
Protect yourself from courtroom corruption!
If you have a lawyer, you will save thousands in legal fees just by knowing what your lawyer should be doing to earn his or her fees andwin your case instead of bowing and scraping before the judge like many lawyers do!
If you don’t have a lawyer, you’ll know how to stop the opponent’s crooked tactics and get the judge on your side!
The key to winning is knowing how to use the Rules!
That’s how you win!
To learn more, go to: www.Jurisdictionary.com NOW!
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My affordable 24-hour step-by-step course includes:
Save legal fees!
Control judges!
Defeat crooked lawyers!
www.Jurisdictionary.com
Ask anyone who has my course: “Jurisdictionary Works!”
Posted in pro-se guidance, self help course, U.S. Courts