| Author |
 Topic  |
|
|
curious1
New Member
USA
4 Posts |
 Posted - 11 Jan 2004 : 20:26:24
|
Hi! This is my first time to your site. Hopefully my question is under the correct topic. If not, I apologize.
If there is proof that an attorney submitted false statements to a state's Appellate Court, and a report is filed with ARDC, will that attorney be disciplined?
The Appellate Court used the false statements in their decision to reverse the Trial Court's original order.
Thanks for your input! |
|
|
Lewish
Advanced Member
uSA
496 Posts |
Posted - 12 Jan 2004 : 17:40:34
|
Hello New member Curious1,
If I was faced with such a situation, here is what I would do.
1) Find out where the closest British Embassy is to you.
2) Find out who the British Consular is in that office.
3) Get the BAR number of the attorney who submitted false statements.
4) Write up a formal complaint about the attorney, including proof of his perjury and his BAR #.
5) Send all of that via Registered Mail, Restricted Delivery to the British Consular at the Embassy.
6) Sit back and wait.
The last person I knew who did this, got a response via bonded courier about 3 days after his letter arrived at the British Embassy. The letter stated that the matter had been dealt with. About 10 days later he learned that the attorney he had complained about had been dis-BARed.
Just my 2 copper coins worth. No legal advice given.
Regards,
Lewis |
 |
|
|
Livefree
Advanced Member
USA
270 Posts |
Posted - 12 Jan 2004 : 23:42:44
|
The following information might be useful also.
12. Did you know that if you have a complaint about an attorney, you will get much better results if you file your complaint with the Professional Liability Fund (the insurance arm of the Bar Association) as well as the Bar Association? Did you know that the PLF has a formal complaint procedure, and they actually pay out money?
~~~~~~~~~
I found that info at the paperadvantage.com. They have a link to the 'Profession Liabilty Fund' but when I clicked on it, it took me to the Orgegon State Bar Association. Maybe the PLF's address can found at your State Bar Association's website. |
Edited by - Livefree on 12 Jan 2004 23:43:33 |
|
|
|
curious1
New Member
USA
4 Posts |
Posted - 15 Jan 2004 : 00:19:32
|
Hi and thank you for your kind reply. I tried asking this on www.freeadvice.com and they were really mean in there. Very sarcastic. Unfortunately, I got sarcastic back, lol. I told them I bet they also worked on suicide prevention hotline...I wish I had just ignored them...But they are mean to a lot of people who are asking for help.
Anyway...
The report is almost done to file to the ARDC. A list of the false statements will be submitted, along with the opposing lawyer's written argument to the appellate court as well as a copy of the Appellate Court's summary. It will be pointed out where the false statements made their way into the Appellate decision. Proof will be attached. The proof is the trial transcript and deposition testimonies. The bundle will be too large to mail, so I believe we will hand deliver everything.
In one place, this opposing lawyer makes a false statement, and then he says that the respondent admits this fact in his deposition...on page such and such. Well, that deposition page proves that the lawyer made a false statement. Can you believe that he submitted both his false statement and the proof that it was a false statement and the Appellate Court did not catch this? Or do you suppose they chose not to catch it? This is just one example of what happened in this case. There is a list of at least 10 false statments made by the opposing lawyer.
As you can tell, I am very disheartened by what was done. Justice sure was not served. It would have been different if the Appellate Court had reversed the Trial Court based on the truth and based on the facts of the trial instead of basing their decision on the false statements of this opposing attorney. I'm not exaggerating. I'm not just saying all this because the side I wanted to win did not win. It just was not a fair fight.
Thanks again for replying and for being civil. I will keep you posted on the outcome. Have a good day!
quote:
Originally posted by Lewish
Hello New member Curious1,
If I was faced with such a situation, here is what I would do.
1) Find out where the closest British Embassy is to you.
2) Find out who the British Consular is in that office.
3) Get the BAR number of the attorney who submitted false statements.
4) Write up a formal complaint about the attorney, including proof of his perjury and his BAR #.
5) Send all of that via Registered Mail, Restricted Delivery to the British Consular at the Embassy.
6) Sit back and wait.
The last person I knew who did this, got a response via bonded courier about 3 days after his letter arrived at the British Embassy. The letter stated that the matter had been dealt with. About 10 days later he learned that the attorney he had complained about had been dis-BARed.
Just my 2 copper coins worth. No legal advice given.
Regards,
Lewis
|
|
|
|
Manuel
Advanced Member
USA
762 Posts |
Posted - 15 Jan 2004 : 08:39:17
|
Welcome to the world of lawyers and liars... where they are two of one kind... BLASTING their propaganda through paid "advertisements" full of deceitful rabbit trail excuses such as "legal abuse syndrome, client confidentialities, rule of law, nation of laws, etc.), when in truth it is nothing but extorsion, racketeering, childnapping, theft, fraud, aiding and abetting, conspiracy, and to sum it all up - The worst deceivers any man In His Right Mind and Light can now spot no matter how far they divert the attention away from their original intent and pre-meditation. These are truly a "sociatal festering offspring" continued by their "legal" ancestors - virtually a de-generation of common sense and reason brought to you by: "Your unfriendly neighborhood "legal dream teams", Hypocrites.
In Him,
Manuel
|
|
|
|
Lewish
Advanced Member
uSA
496 Posts |
Posted - 15 Jan 2004 : 13:50:47
|
Curious1 and Manuel,
I am sorry, but what you guys don't understand is: "It is all settled BEFORE you walk into the court." If you haven't done your administrative process BEFORE you go into court, how can you expect to get your remedy. That is what the lawyers and liars are doing every time and we have been ignoring the process they are using. They enter it on the private side of the court docket, the judge reads it, and bang YOU lose! 
Get busy and learn how to do the same things. Then when you go into court, you only say: "Judge, we have agreement of the parties. Give me my remedy." He has no choice. You have agreement. There is no ARGUMENT, so the judge has no jurisdiction to rule otherwise!
Peace to you all,
Lewis |
Edited by - Lewish on 15 Jan 2004 13:53:14 |
|
|
|
Manuel
Advanced Member
USA
762 Posts |
|
|
curious1
New Member
USA
4 Posts |
Posted - 15 Jan 2004 : 21:52:48
|
quote:
Originally posted by Lewish
Curious1 and Manuel,
I am sorry, but what you guys don't understand is: "It is all settled BEFORE you walk into the court." If you haven't done your administrative process BEFORE you go into court, how can you expect to get your remedy. That is what the lawyers and liars are doing every time and we have been ignoring the process they are using. They enter it on the private side of the court docket, the judge reads it, and bang YOU lose!
Get busy and learn how to do the same things. Then when you go into court, you only say: "Judge, we have agreement of the parties. Give me my remedy." He has no choice. You have agreement. There is no ARGUMENT, so the judge has no jurisdiction to rule otherwise!
Peace to you all,
Lewis
The 2 parties in this case will never agree  , so that is not an option. I am pretty sure that the IL Supreme Court won't hear this case  . My husband tells me to have faith and that the truth will be heard  .
The report is almost ready to send to the ARDC. It will address the 10 false statements that the opposing lawyer used in his written argument to the IL Appellate Court. Included in the report will be:
1. Page and line number of each of his false statements in his written argument to the IL Appellate Court.
2. Page and line number of the trial and deposition that prove the lawyer made false statements.
3. Page and line number where each false statement was included in the Appellate Summary.
Attached to the report will be:
1. Opposing lawyer's written argument to the IL Appellate Court.
2. Trial Transcript.
3. Deposition Transcript.
4. Appellate Summary.
5. Misc. Information.
This is all in black and white. The proof in here that Attorney Rule 3.3(a)(1) was violated numerous times. It is also believed that 8.4(4) was violated. What happens next is anyone's guess. I'll be sure to keep you posted. All prayers are appreciated. Thanks again and have a great night! |
|
|
|
spyboy
Occasional Poster
USA
12 Posts |
Posted - 19 Jan 2004 : 03:28:52
|
Greetings, and many blessings!
Yes, it seems to be "true" (whatever that word means!) that it is, as Lewis says, all settled before you go into court (have you been listening to Jack Smith, Lewis, or Victoria Joy?)
It is also true that most parties will not EXPRESSLY AND DIRECTLY agree to "private administrative process"(a private negotiation using paper) to settle the underlying disagreement. That is usually why they are headed to court. BUT, maybe there is some information many are lacking as to their options as to HOW to come to an authenticated agreement privately, based only upon your willingness to do so. A pro-active approach. A turning of the tables so to speak, or at least a throwing back the onus.
As the Master instructed, if you are in disagreement with your brother (are not all (wo)men your brother/sister?) go and talk with him privately ( mavbe a private letter of inquiry, maybe accompanied by an offer to come to agreement, with a request to reply promptly. Maybe a Good Faith Request For Full Disclosure of All Relevant Facts) If your brother does not listen (respond), take two brothers as witnesses (this might be done using a "go between" recognized as such by the public venue, eg; notory public or two witness acting as private notories. They might send out the initial offer, the one first sent and not responded to, once again, on your behalf, as your agent so to speak, again with a request to respond. This could contain a notice that if they do not fulfill their obligation to respond (yes, by law they have a duty) that they will be presumed to be in default of their duty, and that it will be presumed that they agree with you by consent (tacit).
You could prepare the letter, as to content, whereby they would be consenting to whatever you decided you wanted them to consent to, based upon the facts,issues and matters at hand. At this point they would be responding to your document BUT AT THE GO BETWEENS ADDRESS. you are now using an intermediary.
If they did not respond once again they might be given yet another chance. Offer goes out again, final chance, and final warning, do your duty of lose your chance to go to "argue" in the "public" venue (court). If they do not do their duty, "show up" and attempt to come to agreement or to show their intention to not cooporate (accept your offer in some recognized way) it will be presumed by law (in the public venue) that they are in default of their lawful duty, that they admit to the stipulations, that they agree with you. Out of their own action (inaction and/or ignorance actually) thay have by,inference and implication, agreed that there is no dispute. No dispute, nothing for the court to "adjudicate" (decide). Almost nothing for the court to do, except to publically ratify (endorse and agknowledge) the terms of your private agreement (a ministerial duty).
THIS IS ONLY A VERY GENERAL OVERVIEW OF THE PROCESS. A LITTLE KNOWLEDGE IS A DANGEROUS THING. DO NOT TAKE ACTIONS BASED ON THE SMALL BIT OF INFORMATION PRESENTED. DO YOUR DUE DILIGENCE. BE RESPONSIBLE FOR YOUR OWN ACTIONS. LEARN AND BE A MAN APPROVED.
There are a variety of certian titled documents (which I do not choose to enumerate at this time)
There are certian timelines for these inquiries and notices.
This procedure, when performed by a Notory Public, is refered to as "Notorial Protest". One could do some preliminary research online, although this procedure seems to be not currently taught as openly as it used to be. (There are some out there teaching this procedure, in seminars, on audio/video tapes and CDs, etc. I'll refrain from articulating who these people are, only because I have noticed some negative reaction (and even juvinile name calling) regarding people who accept value for their labors in teaching subject matters of this nature (patriots for hire?!). I guess some are choosing to judge others for not doing things the way they "believe" is the right way that they "should" it, or something.)
Could it be that the Bar Association attorneys need disputes to argue? Could it be that the courts need disputes to settle? Could it be that the "business of the courts" depend on the private man NOT being able to settle misunderstandings amiciably? I dont mean to sound cynical, but yes, it could be, or maybe not.
Nevertheless, it is to our advantage to "agree with thine adversary quickly". This takes humility and grace, which it is my prayer that the body of Christ will be continually be blessed with, in abundance overflowing. May it always be so. SpyBoy
|
|
|
|
Cornerstone Foundation
Advanced Member
uSA
254 Posts |
Posted - 19 Jan 2004 : 20:42:11
|
quote:
Originally posted by Lewish
Curious1 and Manuel,
I am sorry, but what you guys don't understand is: "It is all settled BEFORE you walk into the court." If you haven't done your administrative process BEFORE you go into court, how can you expect to get your remedy. That is what the lawyers and liars are doing every time and we have been ignoring the process they are using. They enter it on the private side of the court docket, the judge reads it, and bang YOU lose!
Lewis
How can we enter items "on the private side of the court docket"?
We would like to learn:
1. How do do that.
2. What are the appropriate documents to file on the private side of the court docket?
3. Which is the private side of the file.....The right side or the left side?
Thank you and all for any information you can contribute.
Marty |
|
|
|
Dave B
Junior Member
USA
16 Posts |
Posted - 24 Aug 2010 : 08:26:01
|
IS THERE A LINK OR TEMPLATE OR SOMETHING TO PERFECT ADMINISTATIVE REMEDY, BEFORE CROSSING THE BAR?
Pillar in C HRIST |
|
|
| |
Topic |
|
|
|
Attorney Rule 3.3 (a) (1) Violation
