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Occulus Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-01-03 10:20 AM
Original message
A question for legal scholars
Why are there so damn many laws it's well-nigh impossible to defend oneself in court?

follow-up: What happened to the robust tradition of self-defense and legal self-help books that existed prior to the establishment of the various bar associations? Am I incorrect in making the assertion that such was the case?

Discuss. :)
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TreasonousBastard Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-01-03 10:33 AM
Response to Original message
1. Probably for the same reason...
it's tougher to doctor yourself. Or build a house.

New knowledge, new technologies, new businesses, new situations... Life gets increasingly more complicated, and so does the law.

It's not only the statute law that's more complicated-- most law is actually common law based on case law. You need an expert to navigate through those minefields and decide strategy. Just like you need an accountant for a business even if there were no taxes. Just partners or stockholders who want to know what's going on.

Besides, I don't think there ever was a time when you really wanted to walk into court and defend yourself without a good shyster. Even in ancient Greece, lawyers made a good living.



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Occulus Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-01-03 10:40 AM
Response to Reply #1
2. But that doesn't completely explain why
Edited on Fri Aug-01-03 10:40 AM by kgfnally
it's actually illegal to publish certain materials related to doing so. After all, defending oneself is a right, not a privelege. Why does the law punish nonlawyers when they try to publish materials that would help people exercise their right under the law?

I'm thinking of a case in the southwest several years ago (I'm sorry, I can't remember the specific names involved). It had to do with a software company that was selling a program which prepared legal forms and educated people on the laws involved. I don't remember the ruling either; this was several years ago. Anyone know the case(s) I'm thinking of here?
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Lady President Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-01-03 11:53 AM
Response to Reply #2
6. I have a guess
I don't know this case, but would be interested in reading the opinion if someone finds it. My best guess as to why this particular software company had to stop publishing would be that the company overstated the usefulness of the material or the material was flat out wrong. There are tons of resources on the web and in the library for people to handle their own legal matters, so something was probably wrong with this particular company.
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trof Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-01-03 10:58 AM
Response to Original message
3. kgfnally is a gentleman,
or woman?
You recused yourself and didn't hijack my thread.
I am in awe.
Thanks.
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trof Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-01-03 11:03 AM
Response to Original message
4. nolo press
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NJCher Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-01-03 11:06 AM
Response to Original message
5. it is complex
I think the best way to go is pro se with a good lawyer consultant at your side. At trial, appoint either the consulting attorney or another trial attorney.

Re the legal self-help, yes it is a right but the $300 an hour club does its best to squeeze out resources for pro ses.

The worst way to go is to hire an attorney and "trust" him or her. You have to stay on top of these people every step of the way, to the point where you hash over every single point of the case with yet another attorney or other person knowledgeable of the law.


Cher
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Boudicea Donating Member (452 posts) Send PM | Profile | Ignore Fri Aug-01-03 11:54 AM
Response to Original message
7. Looking out for their own
This is definitely the case around my southern town. Many of the attorneys and judges are from old money and are related. I'm a legal secretary and have access to published forms books. When I typed a friends' divorce complaint, meaning filled in the blanks, the judge threatened to send her court officer after me. BTW, my friend's divorce was granted.
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