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Saturday, March 18, 2017

The Law One Line At A Time

Most laws in Ireland by themselves are easily defined while the more vague ones cloaked in double speak are a tad more challenging and requires a bit of testing in court to set the precedent for their meanings. That is in essence the script based formula for why anyone needs a solicitor or barrister in the first place. laws were formulated in ancient times in order that we might all get along until the lawyers worked diligently too since then to make those same laws unintelligible for the less informed or for those in a dangerous and frightful hurry and not being aware who the real enemy is, and it may not be the defendant that they seek redress from.

Solicitors/lawyers feed you one line of legal information at a time and months apart because for them ignorance is bliss; by that time it may well be over for you whether you won or lost in the court system. They are legally accountable to no one least of all The Law Society Of Ireland for they are as toothless as a plumbers union is for plumbers. But there is hope for the client if only an effort is put in to their  own case by themselves before they go from client, whether you are a plaintiff or a defendant, to becoming a victim of a very corrupt legal system. That journey starts off by leaving the fear outside the hallowed halls of justice and leaving emotions there too and putting on the robes of a practical mindset based on simple objectivity. As you read further, below is a simple real- life illustrations of what you may face and the danger you might find yourself in when you find out that the hired professional friend was really the hired professional foe. 

A man named Tom goes to his friendly solicitor because he feels he was defamed by another man named Jack. Tom’s solicitor tells him that he has a great case (and he had) and would be happy to represent him. Tom wins. He was awarded €50,000 plus costs and his lawyer, feeling the love now, decided that those costs would be another €50,000. Facing down a judgement totalling €10o,000, it looked like Jack’s goose was cooked. It would've been except Jack could not afford an egg from a hen let alone one from a goose. Eight years have since passed since that case and no one thought to inform Tom, least of all his solicitor, that Jack was as poor as he claimed he was during all that time. The question is why not? The simple answer to that one is that it was not in Tom’s solicitor’s interest to tell him. The reality for Tom is different now from that heady day when he thought he had won the case and costs. Surely there may be must be some mistake!

No mistake. Tom’s solicitor intends to get paid whether it is from Tom or Jack. At least he knew absolutely that his friend Tom has lots of money. The solicitor’s job was only to win the case legally. If he had an ethical imperative or moral position as a gentleman in all of this it would have to have been the duty of care to Tom to tell him that even if they won and Jack had no money, then it would have to be him that would have to foot the bill. If that had been done in the first instance then a minor case need not have become a federal one and would most likely never have been undertaken. Then again, there is no money in the truth for solicitors, only financial penury for their victims, whether it be defendant or plaintiff, that are otherwise called clients in a world where the sun shines everyday. 

Everyday you hear of people fighting their cases all the way to the Supreme Court, the most expensive court in the land. There is only one law and one winner in the court on the final day. That day may not be the end of a nightmare but the beginning of one for that winner or loser. Just this week in London two greedy sons tried to disinherit their stepmother and beloved wife of their now deceased father. They wanted to have reduced her inheritance from £125,000 to £100,000 by claiming that their father’s last will was invalid. It was valid. This was over just £25,000!!!! Real justice will be served on these idiots and not the skewed justice they sought. They will now have to come up with another £132,000 between them on top of their full inheritance which goes to court costs awarded against them. Those court cost were £200,000. The judge was shocked that this case actually got to court while the widow's dignity and inheritance remained intact.

In the tall grass somewhere was their solicitor who knew the script before they did and the final act. He will face no court for just knowing what these idiots did not- one line at a time. Sometimes justice is served on a hot plate of irony.

Barry Clifford