Why I am beginning to really not like litigation...

[lawrocket 3]

Litigation is the worst when there is a mix between several factors. The first is a controversy that deals with highly personal issues. The standard whiplash-type car wreck, etc., doesn't usually cause these problems, but the property dispute does, as does divorce, probate, etc.

The second is when there is a lot of money at risk. The bigger the costs and benefits, the nastier people become.

The third is when people are so set on making the other person pay, they fail to take into account their interests, and lose sight of what their actual needs.

Finally, attorneys have as much to do with this as anybody. We are taught to argue for our clients, to be a "zealous advocate" - a term that actually appears in my ethical rules. But we too often take it too far by becoming an "advocating zealot" - especially when the cameras are on.

The nature of our legal system is such that this sort of behavior is encouraged. For matters like divorce and probate, where emotions truly runneth over, I do not think that the best and brightest could design a more wasteful, hurtful or harmful system than the adversarial system that we have today.

An example was in the newspaper this morning. As much as I try to avoid it, the news is inescapable. Two sides are fighting over the body of Anna Nicole Smith. With cameras rolling, the mother and the boyfriend are duking it out over who gets to decide what to do with a dead body.

What is this about? Why? It seems to me that this is over nothing but power, and neither side truly gives a rats ass about the deceased. I formed this knowledge when I read that the coroner testified that her body is decomposing to the point where, within a very short time, an open casket viewing will be impossible.

Why would either side let it get to this point? Why, if either side cared, would they not give an inch? While they are busily holding fast in their positions, the thing that they are fighting over is literally disappearing.

I hate reading things like this. The same thing happens with kids in custody disputes where the parents are so busy at trying to destroy each other that the children are left to fend for themselves.

We can expect a similar battle over the child, too.

This is insanity.

My wife is hotter than your wife.

[ifall 0]

Great post! I wish people would take into consideration the wishes of the deceased in the Anna Nicole example you gave. And why is it so hard to get a damn DNA test and let the child have a life?

[lawrocket 3]

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why is it so hard to get a damn DNA test and let the child have a life?

Because the child is not the key consideration for those fighting over her.

Edited to add: like the whole Spears thing. SHe keeps checking out of rehab. If I were a gambling man, it's because she does not want the father to take custody. Not because it's in the best interests of the kids, but because she doesn't want him to have them.

My wife is hotter than your wife.

[ChrisL 2]

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Why would either side let it get to this point? Why, if either side cared, would they not give an inch? While they are busily holding fast in their positions, the thing that they are fighting over is literally disappearing.

Beats me. Anna Nicole is long gone.
They are fighting in court over a decaying hunk of meat.

Seems pretty stupid to me.

__

My mighty steed

[masterrig 1]

How right you are! That judge, who is hearing where, Anna Nicole should be buried, has added the 2nd. ring to the circus. Like you said... noone involved, gives a shit about Anna Nicole's body or where she is buried. To me, this is greed of the highest degree. Seems to me, since Howard K. Stern does not hold a marriage licence with Anna Nicole, her body should be turned-over to her mother. Next of kin and all. That judge, could've made his decision, this past Monday, for cryin' out loud. Everybody wants a spot in the limelight, 15-minutes of fame... whatever. The whole thing, is a very sad view of our society and the extent to which people will go for money. I hope, none of 'em get a plug nickel!


Chuck

[lawrocket 3]

Another reason why I think news cameras should be banned from the courtroom. Let reporters and sketch artists give the details, not some high-falutin' performance artists with law degrees.

My wife is hotter than your wife.

[ifall 0]

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why is it so hard to get a damn DNA test and let the child have a life?

Because the child is not the key consideration for those fighting over her.

Edited to add: like the whole Spears thing. SHe keeps checking out of rehab. If I were a gambling man, it's because she does not want the father to take custody. Not because it's in the best interests of the kids, but because she doesn't want him to have them.

I know, some priorities huh? Truly sad.

[masterrig 1]

Right-on! That judge, should've stuck to driving a cab! His backwoods philosophy don't cut it. Like you said... keep the cameras and press, out of the courtroom. Get that girl buried and be done with it. Move on to whoever gets custody of the 'golden child'. It's like the O.J. trial.


Chuck

[monkycndo 0]

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Another reason why I think news cameras should be banned from the courtroom. Let reporters and sketch artists give the details, not some high-falutin' performance artists with law degrees.

But what about freedom of the press?

I agree with you. Now we have actors, not officers of the court. I was pseudo-adopted by a family that included several laywers. They felt the profession went into the toilet when the self imposed understanding of not advertising on TV was dropped. If you couldn't get a client by word of mouth, you weren't that good of a lawyer.

Careful about protesting too loudly. Your brethren might come after you.

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You know you want to spank it
Jump an Infinity

[FreeflyChile 0]

....which is part of the reason i want to do IP!

[Thanatos340 1]

My few encounters with our Judicial System taught me one Thing.. The Truth is the least important thing to our legal system.
To most lawyers Truth is something that they will absolutely refuse to acknowledge. Much rather argue technicalities or supress evidence than deal with who is actually telling the truth.

And civil court is even worse than criminal.


Shakespeare Said it best many years ago.. "First, Kill all the lawyers"

[bhammond 0]

What we are seing is a view into survival of the fitist
why the black moth survives in the black forest and the white moth is eaten..... you do not see the court cases that are settled out because of either party being either, considerate or less of a fighter. we only see the cases where there are two or more parties that are unbending, willing to fight regardless, or the best way to describe it alpha Male personality. although with the added possibility of 400 plus million dollars the lawyers tend to lend their alpha male personality in hopes of a nice cash reward...

having some time on my hands recently I have had the chance to watch the circus....

my view is since the child is under age she cannot choose
since there is no proven identity of the father the only other next of kin is the mother ..... pretty simple its not a matter of right and wrong its what the law says.... as for the disposition of the son, he has a father and he can decide if the son should be moved back to the USA.... plain simple

[GravityJunky 0]

Cause they're all beoming three ring circuses Bro!

*My Inner Child is A Fucking Prick Too!
*Everyones entitled to be stupid but you are abusing the priviledge
*Well I'd love to stay & chat, But youre a total Bitch! {Stewie}

[lawrocket 3]

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you do not see the court cases that are settled out because of either party being either, considerate or less of a fighter. we only see the cases where there are two or more parties that are unbending, willing to fight regardless, or the best way to describe it alpha Male personality

I see it all. I see everything. And I am really beginning to hate what I see - when people win and are still unhappy because the other side is not destroyed.

My wife is hotter than your wife.

[Broke 0]

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Beats me. Anna Nicole is long gone.
They are fighting in court over a decaying hunk of meat.

Seems pretty stupid to me.

It's not decaying it's aged beef

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SCR 14192

[bhammond 0]

that is sad... its got to make you wonder what if any positive effect you are having in society.... maybe time for a career change

[ACMESkydiver 0]

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I see it all. I see everything. And I am really beginning to hate what I see - when people win and are still unhappy because the other side is not destroyed.

That is really too bad.


But ya know, I don't know Anna Nicole or her mom or any of the parties involved...but consider your own child. Consider that your child dies, and (who was the other person? Anna Nicole's boyfriend?) consider that your child's boyfriend or girlfriend is wanting to lay your child's body to rest somewhere you might consider, unworthy? Unholy? Whatever the case might be.

I don't know, and I haven't watched the news...I just find it hard to believe that a mother doesn't have true emotional investment in her child. Posession of the actual body doesn't give any kind of right to any money, does it? Wouldn't you think that even though yes, they are allowing her body to decompose while arguing and that's the irony -but maybe these two parties really do have interest in how she is laid to rest?

I don't know...

~Jaye
Do not believe that possibly you can escape the reward of your action.