LegalEagleStar

… a kind of Legal Column

Posts Tagged ‘Law school

I’ve an App for that …. Law without a Lawyer

with one comment


https://i1.wp.com/www.csmonitor.com/var/ezflow_site/storage/images/media/content/2013/0124-innovation-capplife/14842159-1-eng-US/0124-innovation-capplife_full_600.jpg

 

A day doesn’t go by without us being bombarded by Apps. Sign up and get a free App for your iPhone. We have more Apps on our phones than we can use. Sure they may be handy at some stage in the future i.e. next week !

Over the past while, I’ve been horrified that many people, lawyers included, are saying ‘I’ve an App for that’… when discussing the law. Yes, I admit, some are educational but I am referring to those that are advocating that you can look after your own divorce, house sale or purchase and other such important matters which hugely impact on your life. Why go to College and study law; then spend time in a Law School to get your Practicing Certificate? Well according to these geniuses, no need at all. Sure save your money and use the App. They ask you why you are wasting money on these legal professionals when you can just use their App. Unfortunately, it would appear that many people are being taken in by this dangerous nonsense.

While I for one respect newly qualified lawyers, whether they be at the Bar or from the Law Society, they have their place in the overall legal framework. What most don’t have, is experience. That is only gained from many years of practice in their chosen fields. This experience is what comes into play when taking on a case for a client. The client deserves to go to law with experienced lawyers who have their interests solely at heart. Most spend many hours working up the case for their client and the full weight of their experience is called into play. Every client is unique. Their circumstances are not like any others. There may be similarities e.g. they have four children and have been married for twenty years. But that is where the similarity ends. To act as though two cases are the same would, in my opinion, equate to nothing short of professional negligence.

But I cannot afford thousands of pounds to employ a lawyer, or a team of lawyers as can be the case. Well, you cannot afford not to. How much did you spend on your wedding? That was a big event and a very important day for you. You spent what you could to celebrate in style. Yes, later you cut back on some items, but you didn’t do without what was important on the day. Well, your divorce costs should be thought of in similar terms. I am not suggesting you go to one of the Big Law Firms. They have access to the same Family Law Barristers as your local High Street Family Law Solicitor. Why people go to these firms is quite beyond me. In my experience,these firms are dealing with Corporate matters in the main and are not concerned with the day to day legal matters of the ordinary man and woman. They may take on your case if you’re doing your business with them or else if a relative of yours is. Your High Street Family Law Practitioner will give you a good personal service and instruct the appropriate barrister to get you through this difficult time.

I come across lay litigants a lot more today than I have in the past. While I respect the individual trying to do his own case, I do see the error of their ways. It is a nigh impossible task. To give credit where it is due, many Judges go out of their way to help such people. That alone will not help them get the justice which many deserve. So, when you download that magic App that will get you painlessly through your divorce or other pressing legal matter just remember… Law without a Lawyer is a fool’s paradise.

 

LegalEagleStar , Thursday , 7th. August , 2014 .

Written by LegalEagleStar

August 7, 2014 at 11:22 am

”Wanted Dead or Alive”…

leave a comment »


Enda Kenny

Image via Wikipedia

Dead would be the cheaper option and would cut out the greedy lawyers !

While society celebrates the assassination of supposedly the world’s greatest terrorist, I as a lawyer feel somewhat compromised. I have spent most of my adult life fighting for the rights of the individual against the Big Corporations, as have many of my colleagues. In doing so we have battled with Insurance Giants, Banks, Local Authorities and indeed the Government itself. We have done battle with these same entities who have one great advantage over us. That is, they are in control of the purse-strings and whenever it suits them, they can change the law to suit their cause. The idea of a level playing field is rather an aspiration these days. It has been a hard struggle but one where the clients interests are paramount. Not an easy battle to win when at times, your own Professional Body has ensured that you go into such battles with your hands tied firmly behind your back. While Insurance Companies, Banks, even Government Agencies use the media to their advantage, where we are being portrayed as the Anti-Christ Incarnate, out to damage Society to the detriment of the average Citizen. And thanks in great part to our Governors, we have no right to say otherwise.

Over the last few months we see daily on our TV Screens that yet another Country is in Revolution.  If you are on Twitter you’ll get the news much earlier before there is too much Spin (lies) attached. Some rebellions are peaceful while others are not. It seems that in the last few days we are told that Justice was served when Terrorist No.1 was assassinated by Country A in Country B’s back yard. No great shouts of breach of Sovereignty, International Law, Human rights violations, breach of X,Y & indeed Z, have been heard and so one is lead to the conclusion that indeed Justice must have been served. As lawyers we are faced with a dilemma. Do we speak up and state the obvious or do we take the view that the end justifies the means? Well, when I was at Law School the latter would certainly not be tolerated. Maybe times have changed. We are told there is a War on Terror and that we must all play our part. Our own Great Leader, Enda Kenny tells us we must Redouble our efforts in this War against Terror ! He should know as we have only recently elected him as our Leader. Well all those years in Law School must have been wasted. Maybe we all should have joined the Banks or the Insurance Companies or indeed trained with Politicians at home or on the advanced course at the EU. The change of mindset would have helped us decide on what is really Right and Wrong, as quite clearly our Law Schools got it badly wrong with over-concentrating our minds with such issues as human rights, workers rights and other such malarkey.

The World is now in recession, so we’re told and we all need a bail-out. We must all take cuts and workers rights are being run over by steam rollers on a daily/hourly basis. But sure, that’s all right. The times we live in now dictate that only those in charge i.e. society’s elite should be shielded from such cuts. Banks have no money so the Citizen must pay up as it would be unthinkable not to save ‘Our Banks’. Did you ever consider for one moment, why at a time when we have little or no money that wars seem recession proof.  Maybe there are Billions of Dollars/Euros out there to finance the War on Terror. Because that is what really matters. Some Banks must be funding this heroic effort and it would be unpatriotic for us not to continue doing our duty by contributing to such bailouts. We need to fund the War effort.

While lawyers are usually at the forefront of Revolutions worldwide and risk their lives daily in pursuit of the rights of the Citizen, it seems that our lawyers must be more concerned with conveyancing for the privileged few or indeed dragging the Citizen through the Courts in order to take their home from them, for the Banks of course. Either that or ensuring the Citizen is incarcerated for non-payment of Litter charges or other such unpatriotic acts. Have I missed something here? What did Law School not teach me? I know that when I qualified I had to attend a lecture on Clients Funds and how to keep the Clients money in the Client Account. It was like an indoctrination in fact and one that was worth attending. On the other hand, I did attend an ‘optional’ lecture entitled ‘Ethics’. Excellent Lecture and well worth attending but why was it not mandatory? I suppose I should have been bright enough to have worked it out then but, as I said, we obviously weren’t taught the ‘right stuff’ at Law School.

Listen, is it time to revert to the Wanted Dead or Alive Posters of the Old West? Maybe we could put a modern spin on it? Instead of Invading  countries like Iraq and Afghanistan and spending Billions on a campaign to overthrow the Local Regime, maybe it would be better to just Nuke them. A once off payment which surely wouldn’t be too hard to negotiate with your local friendly Bank. There’s one Bank I know who market themselves as ‘the Bank who likes to say Yes’. Of course fewer people would be employed if this course was undertaken but at least it would wipe out unemployment in a couple of countries, at least ! I’m sure our Unions wouldn’t object to such measures. Haven’t really heard much from them lately. But I digress. We lawyers need now to go back to Law School again to learn the new laws as I’m certainly totally out of touch with the World as we now know it. I wonder how many Continuous Legal Education Points I’ll have to amass until I am ‘reprogrammed’ in the New Order of things. Maybe that’s what the IMF were referring to when they proclaimed the Reforming of the Legal Profession as a priority! And if the IMF/EU say it has to be done, our Government will have no option but to say ‘Yes’. Well that’s what they’ve told us so far, isn’t it? Or am I mistaken ?

Ireland, indeed the World in 2011. Where are we heading? Or, should I say Who is being Targeted next? In fact, where the hell are we all heading and who is leading us there ??

LegalEagleStar , Wednesday , 4th May, 2011

Written by LegalEagleStar

May 4, 2011 at 1:49 pm

%d bloggers like this: