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Judges increasingly critical of attorneys

Date: Wed, 01/12/2011 - 22:55

Submitted by Gretchen VonDerhoff
on Wed, 01/12/2011 - 22:55

Posts: 259 Credits: [Donate]

Total Replies: 4


[SIZE=2]Judges, it seems, like the rest of us, are losing patience with slimy attorneys (no not all attorneys are slimy but you know the ones who are) who are intent on ripping people off. Which, whether its foreclosure or consumer debt issues, should hopefully start to benefit us "the little guy trying to get by".

One ray of hope in a sometimes dismal and challenging world! ;)

[QUOTE]"the courts in New York State, along with Florida, have begun requiring that lawyers in foreclosure cases vouch for the accuracy of the documents they present, which prompted a protest from the New York bar. The requirement, which is being considered by courts in other states, could open lawyers to disciplinary actions that could harm or even end careers.”[/QUOTE][/SIZE]

[QUOTE]
""When the consequence of a lawyer plying his trade is the loss of someone’s home, and it turns out there are documents being given to the courts that have no basis in reality, the profession gets a very big black eye,” Professor Gillers said."
[/QUOTE]

"http://livinglies.wordpress.com/2011/01/11/judges-getting-angry-at-bank-lawyers"


@Driscoll Judges, like anyone else, come in all shapes, sizes colors etc, and they also run the gamut from good people (they all are, afterall, underneath those robes - human beings!) to bored, lazy, corrupt. I could quote chapter and verse about the judicial oversight which is so heavily lauded and pointed to in this country as "proof" judges are all on the straight and narrow. The fact is that judges cover for judges overall (I try to avoid absolute statements) and attorneys cover for judges because in a way the code of ethics requires them to (the attorneys covering for judges). Statistics show that it is a rare instance indeed for a judge to be sanctioned. It's a system set up by Congress to guarantee our judges are held to standards but it has no backbone, its just a sham to show anyone doubting the system. I'm not the only one perturbed at the way that is set up and more than a few people especially attorneys have paid a heavy price for being too assertive about "the truth" where judges are concerned.

So saying "all judges are good people" or the opposite "all judges are bad people" doesn't really work because its not true.


lrhall41

Submitted by Gretchen VonDerhoff on Thu, 01/13/2011 - 06:00

( Posts: 259 | Credits: )


For sure Nelly, we agree about the need for greater accountability. We have a right to expect that those dealing with and representing us in such important matters should take control and conduct themselves ethically. It's in the code of conduct, at least here in Missouri, that an attorney can get into trouble (theoretically) if they present documents to the court knowing they are false. But they always seem to get an extra chance if they are caught doing bad stuff.

The FTC mentioned during their round table study last year a consideration that something such as a signed contract be available and included with the Petition to be filed by creditors. Doing so could cut through a lot of abuse and misuse and overcrowding of the court with cases that never should have been filed.

Like Johnny Cochran said "if it doesn't fit you must acquit" transposed to these circumstances for debtors and mortgage holders in default, "if you don't have the proof to substantiate your claim, you must acquit or better yet DON'T FILE.

I'll try to find the link to the response letter of suggestions to the FTC from Midland, it was difficult to read with a straight face. They are surely psychotic or extremely good liars because what they wrote was so far off the mark as to what "IS".

So I think that would be a good thing if they are required to stand behind their actions/evidence/documents and be required to show some fundamental REAL PROOF before filing their case is allowed.


lrhall41

Submitted by Gretchen VonDerhoff on Thu, 01/13/2011 - 06:12

( Posts: 259 | Credits: )