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Our court system is lacking

Started by Tric'hard Lenxheir, April 19, 2022, 10:57:16 AM

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Tric'hard Lenxheir

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
Tric'hard Lenxheir

Baron Alexandreu Davinescu

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. 😂
Alexandreu Davinescu, Baron Davinescu del Vilatx Freiric del Vilatx Freiric es Guaír del Sabor Talossan

                   

Tric'hard Lenxheir

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
Tric'hard Lenxheir

King Txec

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!
TXEC R, by the Grace of God, King of Talossa and of all its Realms and Regions, King of Cézembre, Sovereign Lord and Protector of Pengöpäts and the New Falklands, Defender of the Faith, Leader of the Armed Forces, Viceroy of Hoxha and Vicar of Atatürk
    

Baron Alexandreu Davinescu

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."
Alexandreu Davinescu, Baron Davinescu del Vilatx Freiric del Vilatx Freiric es Guaír del Sabor Talossan

                   

Tric'hard Lenxheir

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
Tric'hard Lenxheir

Açafat del Val

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?

Cheers,

AdV
ex-Senator for Florencia
Jolly Good Fellow of the Royal Talossan College of Arms

Marcel Eðo Pairescu Tafial, UrGP

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.
Editing posts is my thing. My bad.
Feel free to PM me if you have a Glheþ translation request!

TEMPS da JAHNLÄHLE Sürlignha, el miglhor xhurnal

King Txec

TXEC R, by the Grace of God, King of Talossa and of all its Realms and Regions, King of Cézembre, Sovereign Lord and Protector of Pengöpäts and the New Falklands, Defender of the Faith, Leader of the Armed Forces, Viceroy of Hoxha and Vicar of Atatürk
    

King Txec

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.
TXEC R, by the Grace of God, King of Talossa and of all its Realms and Regions, King of Cézembre, Sovereign Lord and Protector of Pengöpäts and the New Falklands, Defender of the Faith, Leader of the Armed Forces, Viceroy of Hoxha and Vicar of Atatürk
    

Tric'hard Lenxheir

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?
Tric'hard Lenxheir

King Txec

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 :-)
TXEC R, by the Grace of God, King of Talossa and of all its Realms and Regions, King of Cézembre, Sovereign Lord and Protector of Pengöpäts and the New Falklands, Defender of the Faith, Leader of the Armed Forces, Viceroy of Hoxha and Vicar of Atatürk
    

Miestră Schivă, UrN-GC

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.

¡LADINTSCHIÇETZ-VOI - rogetz-mhe cacsa!
"They proved me right, they proved me wrong, but they could never last this long"

Miestră Schivă, UrN-GC

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.

¡LADINTSCHIÇETZ-VOI - rogetz-mhe cacsa!
"They proved me right, they proved me wrong, but they could never last this long"

Açafat del Val

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 :-)
Cheers,

AdV
ex-Senator for Florencia
Jolly Good Fellow of the Royal Talossan College of Arms