I have been following a couple of cases in the court room and I have noticed a couple of problems. First and foremost is that there seems to be an extreme lack of attorneys in the country. As evidenced by the argument as to whether people named in separate but connected cases can use the same attorney. The second thing I noticed is that we may have too many lawyers in this country with too much time on their hands LOL
To my knowledge, I am the only attorney available for hire at this time in the entire country. All other attorneys are either inactive or not known to be accepting clients. It is certainly very bad! Fortunately, there is a functioning bar assessment process again, and people are being admitted again, so I don't think this situation will last forever if we can sustain people's interest.
I probably shouldn't comment on your latter point beyond expressing my general agreement. 😂
Quote from: Baron Alexandreu Davinescu on April 19, 2022, 11:09:24 AM
To my knowledge, I am the only attorney available for hire at this time in the entire country. All other attorneys are either inactive or not known to be accepting clients. It is certainly very bad! Fortunately, there is a functioning bar assessment process again, and people are being admitted again, so I don't think this situation will last forever if we can sustain people's interest.
I probably shouldn't comment on your latter point beyond expressing my general agreement. 😂
I think another issue will be finding enough people with a passing knowledge of the law. I certainly could not do it as I only understand about a quarter of what is being said in the statements LOL
I am also an attorney, admitted to the Talossan Bar. I haven't taken on any cases since I left the Uppermost Cort, but that is mainly due to there being no cases. As for the current issues, I hired AD since I believe that even though I could have represented myself, the suit in question needed more time than I can give, especially since it came during the national election! ALso, I quite naturally don't think I could have offered my legal services to my co-defendant! It's a pickle, for sure!
Well, I know that you're a member of the Bar, and so is Miestra. But I wouldn't have thought either of you were accepting clients -- you're the Secretary of State and she's the A-X! But maybe we should open a firm at some point, if you are. "Davinescu & dal Nordselva, LLC."
Quote from: Baron Alexandreu Davinescu on April 19, 2022, 12:32:28 PM
Well, I know that you're a member of the Bar, and so is Miestra. But I wouldn't have thought either of you were accepting clients -- you're the Secretary of State and she's the A-X! But maybe we should open a firm at some point, if you are. "Davinescu & dal Nordselva, LLC."
I almost posted this in the case thread and thought better of it as I probably would have had to hire someone to represent me in my contempt of court case LOL
Beyond my better judgement, I would like to respond.
I have spoken often to Talossa's needs to revamp its legal code (El Lexhatx) and constitution (Organic Law). Recent legal suits epitomize that need.
A common error is to think that "sufficient legal code" means "as lengthy and cumbersome as possible". That is not true. An advantage to a common-law judiciary, as we have in Talossa, and as opposed to civil-law systems like in France or Germany, is the flexibility to render judgements without total reliance on statutes. In effect, El Lexhatx can establish basic concepts (i.e., avoid cumbersome detail) and let the Corts make their common law and procedures. Speaking of which, the Corts should promulgate some basic sort of procedure for civil trials... and criminal trials.
Also, it is rather distasteful if anyone has suggested implied that the lawsuit is superfluous (or some similar word). Let's acknowledge that I said some critical and not-nice things about a person who hopes to the Seneschal, who then deleted my speech from what is virtually the only active place for public Talossan discourse/participation. If the victim injuree had been anyone else other than me – let's be honest – the outcry would be a lot louder than it is.
Deleting posts and then saying "oops" is the sort of thing that deserves nothing less than a lawsuit. Even if the deletion were "an accident", someone wanting to be Seneschal should know better, and if they don't know better, why should we want them to be Seneschal in the first place?
Quote from: Açafat del Val on April 19, 2022, 01:19:57 PM
A common error is to think that "sufficient legal code" means "as lengthy and cumbersome as possible". That is not true. An advantage to a common-law judiciary, as we have in Talossa, and as opposed to civil-law systems like in France or Germany, is the flexibility to render judgements without total reliance on statutes.
But in civil law countries you at least always know where to look, the statutes, instead of having to research or otherwise being expected to know about cases from centuries ago that could somehow be misconstrued as setting some relevant precedent for a current trial. In general the idea of giving unelected judges the power to make laws doesnt really sit right with me, but that last part could very well just be my civil law bias speaking.
Quote from: Tric'hard Lenxheir on April 19, 2022, 12:51:34 PM
Quote from: Baron Alexandreu Davinescu on April 19, 2022, 12:32:28 PM
Well, I know that you're a member of the Bar, and so is Miestra. But I wouldn't have thought either of you were accepting clients -- you're the Secretary of State and she's the A-X! But maybe we should open a firm at some point, if you are. "Davinescu & dal Nordselva, LLC."
I almost posted this in the case thread and thought better of it as I probably would have had to hire someone to represent me in my contempt of court case LOL
Quite likely! Judges don't like extraneous posting. I almost got a contempt charge once (not that long ago actually) when I accidentally posted in a court thread.
Quote from: Dr. Txec Róibeard dal Nordselvă, Esq., O.SPM, SMM on April 19, 2022, 02:06:08 PM
Quote from: Tric'hard Lenxheir on April 19, 2022, 12:51:34 PM
Quote from: Baron Alexandreu Davinescu on April 19, 2022, 12:32:28 PM
Well, I know that you're a member of the Bar, and so is Miestra. But I wouldn't have thought either of you were accepting clients -- you're the Secretary of State and she's the A-X! But maybe we should open a firm at some point, if you are. "Davinescu & dal Nordselva, LLC."
I almost posted this in the case thread and thought better of it as I probably would have had to hire someone to represent me in my contempt of court case LOL
Quite likely! Judges don't like extraneous posting. I almost got a contempt charge once (not that long ago actually) when I accidentally posted in a court thread.
I figured posting it here would be safe because...i mean...isn't that what the chat room is for? Discussing all things Talossa?
Quote from: Tric'hard Lenxheir on April 19, 2022, 02:34:02 PM
Quote from: Dr. Txec Róibeard dal Nordselvă, Esq., O.SPM, SMM on April 19, 2022, 02:06:08 PM
Quote from: Tric'hard Lenxheir on April 19, 2022, 12:51:34 PM
Quote from: Baron Alexandreu Davinescu on April 19, 2022, 12:32:28 PM
Well, I know that you're a member of the Bar, and so is Miestra. But I wouldn't have thought either of you were accepting clients -- you're the Secretary of State and she's the A-X! But maybe we should open a firm at some point, if you are. "Davinescu & dal Nordselva, LLC."
I almost posted this in the case thread and thought better of it as I probably would have had to hire someone to represent me in my contempt of court case LOL
Quite likely! Judges don't like extraneous posting. I almost got a contempt charge once (not that long ago actually) when I accidentally posted in a court thread.
I figured posting it here would be safe because...i mean...isn't that what the chat room is for? Discussing all things Talossa?
You are correct sir! The Chat Room is open :-)
Quote from: Baron Alexandreu Davinescu on April 19, 2022, 12:32:28 PM
Well, I know that you're a member of the Bar, and so is Miestra. But I wouldn't have thought either of you were accepting clients
No-one asked me. Which is why two eyebrows went up when Senator Tzaracomprada said he was incapable of finding an attorney. How hard did he look?
It is well known that I'm his political adversary, but AD is the SoS's political adversary and that didn't matter.
Quote from: Marcel Eðo Pairescu Tafial on April 19, 2022, 01:59:26 PM
But in civil law countries you at least always know where to look, the statutes, instead of having to research or otherwise being expected to know about cases from centuries ago
That is not an issue in Talossan law. Talossan common law is specifically not the same as Anglo-American common law, though there is a family resemblance. While "cases from centuries ago" in other common law countries are interesting and may provide models for behaviour, only the decisions of Talossan courts are actually binding precedent. The question of whether there are sufficient records of those is another story.
Quote from: Miestră Schivă, UrN on April 19, 2022, 03:22:25 PM
Quote from: Baron Alexandreu Davinescu on April 19, 2022, 12:32:28 PM
Well, I know that you're a member of the Bar, and so is Miestra. But I wouldn't have thought either of you were accepting clients
No-one asked me. Which is why two eyebrows went up when Senator Tzaracomprada said he was incapable of finding an attorney. How hard did he look?
It is well known that I'm his political adversary, but AD is the SoS's political adversary and that didn't matter.
I asked you, and you declined :-)
My recall of that conversation is that I had doubts and questions about your proposed legal plan of attack, but I didn't give you a firm "no", and then I found you'd decided to go pro se anyway.
BTW, is this a formal waiver of attorney-client confidentiality, so - if the CpI judge gives me the go-ahead - I can put this on the record?
Quote from: Miestră Schivă, UrN on April 19, 2022, 03:24:31 PM
Quote from: Marcel Eðo Pairescu Tafial on April 19, 2022, 01:59:26 PM
But in civil law countries you at least always know where to look, the statutes, instead of having to research or otherwise being expected to know about cases from centuries ago
That is not an issue in Talossan law. Talossan common law is specifically not the same as Anglo-American common law, though there is a family resemblance. While "cases from centuries ago" in other common law countries are interesting and may provide models for behaviour, only the decisions of Talossan courts are actually binding precedent. The question of whether there are sufficient records of those is another story.
I admit to being a pedant in this answer, but Talossan common law
is specifically the same as Anglo-American common law. "Law and equity" is not a term that Paris, Berlin, Rome, or Vienna came up with, and if Talossa has the concept of
stare decisis, then that is necessarily Anglo-American common law. Talossa can have the traditions of common law without being bound to some English 16th-century equity controversy, in the same way that U.S. courts are not actually bound to the same cases but have
chosen to be so.
Quote from: Miestră Schivă, UrN on April 19, 2022, 03:39:45 PM
My recall of that conversation is that I had doubts and questions about your proposed legal plan of attack, but I didn't give you a firm "no", and then I found you'd decided to go pro se anyway.
BTW, is this a formal waiver of attorney-client confidentiality, so - if the CpI judge gives me the go-ahead - I can put this on the record?
Negative. It's a formal solicitation of counsel, as had been the case prior.
I will do it. I will be a lawyer. How do I get into law school or whatever? In real life I mostly specialize in bird law, but I think I could learn Talossan law well enough to be a practicing attorney.
Quote from: NRB on April 23, 2022, 07:43:34 PM
I will do it. I will be a lawyer. How do I get into law school or whatever? In real life I mostly specialize in bird law, but I think I could learn Talossan law well enough to be a practicing attorney.
One of the MPTs when I took the bar was all about chicken coups and whatnot, and we all left the room like, "so bird law is a thing after all."
Quote from: NRB on April 23, 2022, 07:43:34 PM
I will do it. I will be a lawyer. How do I get into law school or whatever? In real life I mostly specialize in bird law, but I think I could learn Talossan law well enough to be a practicing attorney.
There's a bar exam you can take. You can look at the current court cases and see how the petitions to join the bar are formulated, and submit one yourself. If you'd like some help, please PM me.