Ireland in Ruins

English: Anglo Irish Bank, Great Victoria Street, Belfast, Northern Ireland, October 2010 (Photo credit: Wikipedia)

During the week I Retweeted the following from KSat News in San Antonio, Texas….

Tom Baldwin ‏@LegalEagleStar

I wonder how many of these guys made money from Irish Citizens? Bondholders ? Ask #Enda World’s richest billionaires http://www.ksat.com/-/478556/9259712/-/wvv8urz/-/index.html#.UTT3ocxeiUo.twitter …

If we go to the List we see Warren Buffett, the 82-year-old CEO of Berkshire Hathaway is worth an estimated $53.5 billion. Bill Gates, chairman and co-founder of Microsoft Corp., is also co-chairman of the Bill & Melinda Gates Foundation. His net worth is more than $67 billion. I ask the hypothetical question whether any of these made money on the back of the Irish Citizen? The answer is that I don’t know and our Government is making sure that I cannot find the answer as they refuse to disclose the identity of the Bondholders of Anglo Irish Bank and other Bank Bondholders who have been handed money by our Tax Payers. Our Government has, and is paying back every cent due to these same anonymous bondholders. The Citizen on the other hand, those that invested their redundancy or inheritances, if they were lucky enough to have the money in the first place, have taken huge loses in whatever Funds they were advised to invest in. No bailout for the Citizen, only those who claim Elite status.

The Citizen in Ireland now faces a life devoid of hope. They face the serious prospect of their homes being repossessed by these same Banks and Financial Institutions who they have in fact bailed out. My point is that Billionaires small change would rescue Ireland. But our Government prefers to be the Good Boy in the Euro Class and instead bleed their citizens dry. I’m sure that Billionaires have reaped the rewards from their Bonds, many of which were purchased, I’m told, at a great markdown. I’m sure they were laughing at the incompetent Irish all the way to their banks.

We’re told we are in a recession. I’m not an economist but have listened carefully to our Economists over the past number of years. Their diverse opinions are at times illuminating but it seems most just base their opinions and comments on what is in the media at any given time.  Some, who I believe should know better give us little hope and just side with Government strategy in advising more austerity and pain for Citizens who already have been cut to the bone. It seems they reside in a parallel universe where people count for little or nothing and all that is important is the survival of the multinational conglomerates and their bankers. Tune in to Vincent Browne’s Show Monday to Thursday at 11pm on TV3 and listen to their endless diatribe. To be fair to Vincent he does tend to show them up for what they are and in an entertaining fashion.

Historically, Irish People have trusted their politicians and for that matter, their local friendly bank manager. If advised to purchase a home they will follow the advice, take whatever mortgage is offered and complete the purchase. They are fed media hype concerning what they should buy and most if not all media handed out advise on a weekly basis with glossy inserts in the daily papers. People are trusting and believe what they are told. Naive many would say, but I for one have seen what motivates people. As a solicitor in practise for over thirty years, I see the ‘little guy’ spending his/her hard-earned cash in ways that they are ‘urged’ to do by their ‘leaders’, whether politicians, bank managers, investment brokers, Thursday’s Irish Independent Property Supplement, Friday’s Irish Times Property Supplement or indeed the Sunday Papers with their advice regarding the queues outside housing developments to get a bargain. People cannot be expected to discriminate against such pressure from those they have come to trust. Their Friday Irish Times has in fact become the ‘Bible’ for such people. Can we honestly blame people for being taken in by such propaganda? The media, our politicians etc. were forcing an agenda. Those behind the newspapers, advisers and yes sadly, our politicians were making a fortune for themselves, I believe, on the back of the citizen. The money our people spent ended up in already rich coffers.

Now politicians change their mind and continue our previous  Government’s austerity measures. People threw out Fianna Fail as they believed them corrupt and voted for change.  Now they feel betrayed by those they trusted, again naively some might say, who now claim their hands are tied by previous the Government. So while politicians change their minds and continue to trade cheap shots with one another, the Citizen is driven to bankruptcy, lose their family homes and family silver and are told its their own fault. ‘We partied during the Celtic Tiger’ we have been told. No we didn’t. Yes, most did their part as they were told and spent money on property, if the funds were handed to them. To say people partied is an insult. The Citizen is now driven to despair and sadly many lives have been lost due primarily to the helpless situation they find themselves in. Families have been broken up, many, too many suicides have occurred and yet the Government ignores their pleas for help.

Yesterday we saw our leaders Enda Kenny, Fine Gael and Eamonn Gilmore, Labour Party  ‘glorify’ in the success of the first two years of their Government. They told us that we are doing well. The reality is somewhat different on the streets where the level of poverty has arisen to greater heights than ever before in my lifetime. This without the upcoming property tax, water metering and whatever other schemes they dream up to fleece the citizen. Remember all those that bought their homes paid an enormous amount of Stamp Duty and to ask them to now pay Property Tax is an absolute travesty of justice. Those ‘economists’ who favour this charge citing other countries property taxes, simply ignore this injustice. Shame on them ! There seems a major disconnect from what politicians are saying and what the reality is. While citizens are awakening in a new era of poverty and austerity, corporations, who are not even pursued for the meagre corporation tax, continue to prosper. Who are the Government working for? The citizen or the multinationals who continue to prosper?

Are we in a recession or is it the implementation of all those Euro Treaties that we were told would bring jobs, prosperity etc. The United States of Europe, which no Irish Citizen ever voted openly for, but is the culmination of said Treaties, is now a reality and its imposition is being forced upon us. Be careful for what you wish for as all those Yes to Europe Votes have indeed come back to haunt us. We Irish are now a small poor Statelet within a huge capitalist entity. How did we ever think we’d be a player enjoying equality and fraternity with the likes of Germany? That is what we were sold by our politicians and we believed them. Recently on RTE Pat Rabbitte, a prominent member of the Labour Party said that you say some things before elections. He was justifying a change of mind when parties take power…

Video: Pat Rabbitte admits to breaking election promises http://www.joe.ie/news-politics/current-affairs/video-pat-rabbitte-admits-to-breaking-election-promises-0031538-1 … via @JOEdotie …And We continue to believe them..

Enda Kenny changed his mind on taxing the family home. I tweeted on this…Tom Baldwin ‏@LegalEagleStar

‘It is morally wrong. unjust+unfair to tax a person’s home.’ EndaKenny 1994.’Don’t ever trust a politician.’ Me, 2013 pic.twitter.com/0P05G6vxY1

When I was in College we were taught about Capitalism, that you were ‘Never too big to fail’ What utter nonsense. Whosoever controls the capital calls the tune. Billionaires who continue to prosper, their bankers and suchlike, many under the guise of Anglo Irish bank Bondholders control this new United States of Europe. I wonder as to where the old Nazis are now because Hitler has indeed realised his ultimate goal of a United States of Europe under German control and with an ‘Elite’  firmly in charge of our destiny. Whatever will the German people think when they discover what is really happening to the Irish Citizen?

LegalEagleStar , Thursday , 7th. March , 2013.

The IMF, The Legal Profession and Austerity for The Citizen

Image via Wikipedia

Friday  was the Last  Day of  Term.  Us lawyers breath a collective sigh of relief at this stage, as the months of June and July are usually hectic. Trying to settle cases before the Long Vacation is tough, exhausting work. The Courts now are officially closed until October. While litigation lawyers usually take their vacations in August and September, it is also a very busy period in the office while you try to play catch-up with work and prepare your cases which should be coming on for hearing next term.

After the invariable merriment following last Friday, my mind switched to thinking about, not only next term, but indeed the future of our profession in general. While there has been much talk about the demands of the IMF as regards bringing in their dictatorial sweeping changes to the profession, there’s also been a lot of time spent in the promotion of many ‘Law without a Lawyer’ schemes. Take the much heralded Mediation for example. The Mediator gets an upfront payment and the process is not binding. Well, our clients don’t pay up-front, as most could not afford to do so on the average industrial wage. It is difficult enough to survive with a family in this day and age never mind putting us in funds in advance for our work. Don’t lawyers already mediate? Don’t we settle cases whenever possible? Of course, the Elite have no such problems. But they do live on a different planet from the rest of us mere mortals and have their own unique set of lawyers to act for them.

The Legal Profession not only needs reform but it needs investment in its pursuit of Justice for All. I have no time for the ‘Law without a Lawyer’ Brigade both from within our profession and outside of it. We must as lawyers, use our expertise for the betterment of the Citizen and not allow our clients be charged for a service which is second-rate and run by Insurance Companies, Developers, Bankers etc. who have their own vested interests to protect. In the United States it is common place for property buyers to deal with their Realtors directly and let them handle all conveyancing matters regardless of whether any conflict of interest occurs. They then satisfy themselves with the purchase of  Title Insurance – from their friendly Insurance Company –  which they will rely on should disputes arise at a later stage. This is not the way forward if the purpose is to keep the best interests of the client foremost. It will enrich those who act for the Developers and their Insurance cousins. In England you have licensed conveyancers. They are no substitute for a properly qualified and experienced lawyer. You must insist on a professionally qualified lawyer to act for you, you alone, and have no conflict of interests. Your lawyers must read the title and take all steps necessary to ensure that the title properly vests in you and you alone.  Remember it’s not just the bricks and mortar that you are buying. It is in essence the title to the property that you are spending your hard-earned cash on.

We see the Courts being circumvented in regard to the victims of Institutional abuse. Redress Boards being introduced to look after the victims. It is unfair to the victims that they cannot have their cases processed through our Courts to provide them with the necessary compensation that is rightly theirs. Beware of Government interference in the rights of the Citizen. It is my view, that the interests of the Citizen are being compromised, not those of the offenders. In personal injury cases, Juries were abolished following successful lobbying by the Insurance Industry. So, the Citizen was removed from the process as the Insurance Industry asserted that they could not be trusted to sit on Juries. Sure what would they know about injuries and compensation ! It should be noted that awards increased thereafter. Not satisfied with this outcome our Government, again at the behest of the Insurance Industry, abolished the right of the Citizen to bring his/her case before the Court without first having to submit same to PIAB, or should I say, The Injuries Board. Look at what a simple Google search brings up regarding their sterling service…..

”You can avoid solicitor fees by applying directly to the Injuries Board. Our dedicated team are available 8am-8pm Monday to Friday to help you. …”

…Well, how professional is that ? Are they qualified lawyers with years of experience running cases day in, day out, before the Courts ? No, and going by their propaganda it’s quite clear they want to avoid solicitors i.e. the experts, at all costs. So do you want their ‘dedicated team’ or do you want an expert to look after your case? You MUST bring your application before them and unless you do so you will be denied your constitutional right to bring your case before our Courts of Justice. Nice one Ms Harney. You cynically undermined the rights of the Citizen, which I’m told you’re very proud of. Isn’t it really nothing more than a cynical attempt by ex-Minister Mary Harney to undermine solicitors and their clients. It was not the interests of the Citizen that was foremost in Minister Mary Haney’s mind, but to create a ‘Lawyer Free Zone’ which would see her Insurance Company friends decide on what the Citizen was awarded. The continuous compliance with the wishes of the Insurance Industry, at the expense of the Citizen, is nothing short of a disgrace. It is no wonder that now, the same Citizen has been forced by ‘Our’ Government into embracing austerity in order to bail out the Developers and the Banks who enjoyed such a close and cosy relationship with our Government Ministers.

Be under no illusion. Reform of the Legal Profession as proposed by the IMF (Bankers) will be used to further expose the Irish Citizens to more ‘Law without a Lawyer’ schemes. It is the legal profession who stand up for the rights of the Citizen not any Bank, Insurance or other such vested interest Groups. It is the right of every Citizen to have access to our Courts to pursue their rights. Are we to deny you, the Citizen such rights? Are the Courts the sole preserve of the Rich and the Elite in our Society? We need investment in our Courts and the way we do business. The Courts are there to protect us from those who hurt, abuse, neglect and victimize us. Those who try to deny the Citizen the protection of the Courts are being nothing short of immoral.

It will be interesting to see how Minister Shatter, himself a solicitor, with his own high-end Firm, and with an acknowledged dislike of the Bar ( The Barristers ) handles the IMF Brief on reform of the Legal Profession. I’d say some interesting times lie ahead.

LegalEagleStar , Wednesday , 3rd. August , 2011