Monday, October 12, 2015

 
THE LAWYER CON AND HOW THEY GET AWAY WITH IT

Sorry for the late post - for several days I have been up all night with diaphragm spasms.  I am very, very tired, and burning up.  I had intended to go to the VA today, but then realized it was Butcher Columbus day.

I had expected an important open records response this morning via email - it was promised, but this morning I was informed they are not going to release anything until 5 p.m., if they release anything at all.

SO THE CON

Over the weekend I was reminded I forgot to check on something for a lawyer in Dallas.  He was concerned he had no way of winning a hearing because the other lawyer cited a case wherein he claimed the court of appeals held interveners cannot appeal orders striking their intervention.

The con lawyer assumes no on will check his research. First of all final orders are appealable.  So I knew the lawyer was lying.

What the court of appeals said was, because the intervener never appealed the striking of their intervention and the order of intervention had already been final, they had no jurisdiction in the case.  The point is the interveners appealed the wrong order.  Big difference than saying interveners cannot appeal orders striking the intervention.

Further the law as to appeals does not apply to trial courts. This was the second con.  All orders of the court are subject to rehearing or new trial until the court loses it plenary jurisdiction.

Further in this case, there was no final order striking the intervener.  So the entire argument by opposing counsel was a lie and bogus.  But they get away with it because the judges refuse to do their job and hold such attorneys accountable.

Lawyers are notoriously lazy - very few check the research of opposing counsel for accuracy. 

If I get that response to my open records request it will be a big story.  Even if it comes at 5, I will post what I get.

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