Saturday, September 18, 2010

Lawyers - Chris Wingate's perspective:

The legal profession works as a business not a profession

The legal profession works as a business not a profession. Too many lawyers and judges are quite simply, parasites on society. They have bound us in red tape destroying micro and macro economic structures. The damage is huge.

Collectively, and sadly, they are a self serving narcissistic group of businessman who protect and foster their cashflow industry planting seeds for new legislation that creates new business. They control outcomes because each additional hour is huge income and to them and peoples problems are too good to settle quick.

Although lawyers owe a fiduciary duty to their clients, they are in a conflict of breaching that duty of care by their self serving control to earn obscene income, versus the needs of the client. The justice system has been undermined by lawyers who are sadly scamming the public and causing us all grief.

In her review of lawyers, New Zealand's Dame Margaret found lawyers taking backhanders, charging illegal "top-up" fees and grouping together to defraud the legal aid system. She was horrified as she visited courthouses and found lawyers and defendants "abusing the system to the detriment of clients, the legal aid system, the courts and the taxpayer". And that she said was only a tip of the iceberg. "The longer I talked to people, the more I found," Dame Margaret said. "I think I could have gone on forever."

We urgently need legislation to stop lawyers and judges deciding the conduct of their own members. Conflicts of interest are too great to allow self regulation.

For years the legal system has rejected appeals for the law to blend in more closely with public policy considerations. They claim the system is the best we have got. After spending millions and millions on lawyers in Arklow vs Maclean, all I can say to that is crap!

But I don't hold my breath for legislative protection because lawyers control parliament and politicians are too busy with their own conflict of interest, permanently campaigning to keep their job. And what does that mean? - they ignore you.

The only answer I can see on the horizon is the public to understand government is established to serve us.We own it, so we need to set the rules that control those who protect their own. Fiduciary legislative law is the only answer. And together with the removal of crown and judicial immunity any attempts by politicians and lawyers/legal society to self serve would be dealt with before a jury.

And yes, that would mean final decisions would be subject to the scrutiny of a special jury. Because if not, we don't have democracy, we have a dictatorship. And none of us have signed up for that.

So next time you have to deal with some idiot in power just concider how his actions of failure would appear before a jury- the people's constitutional jury. Do you think they would get away with self serving negligent conduct?
http://lawisanass-wingate.blogspot.com

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