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On Lawyers….

It seems incredible to me, but much of the media and most of the democrats have very little understanding of the legal profession in general. Perhaps it would be a good idea to review.

Lawyers do not spontaneously write briefs and argue cases because they have personal interest in the subject matter. I realize that is going to be a shock to the media, but attorneys have clients (people who pay them to take care of a particular problem or issue) or they work for an employer (a company or the government). In both instances the lawyer is being paid for his work product, not his personal belief system. His/her knowledge and experience is being utilized exactly as one would a CPA or a Stockbroker. There are, of course, rules of ethics and every lawyer has personal standards.

The important point that the liberal media needs to understand is that:

  1. Just because a lawyer argues a case does not mean that he agrees with or supports his client or employer.
  2. When an employer tells an attorney to find supporting law, that is not a request for that lawyer’s opinion!
  3. The brilliant arguments and persuasive reasoning in briefs and arguments are NOT from a lawyer’s heart. They are straight from the brain and many many hours of difficult research. They are nothing more than work product.
  4. If a lawyer wins a case it does not mean that he necessarily approves of the outcome, but he was paid to work for that outcome.
  5. A judge does not make law.
  6. A judge does not change a law he does not like or feels is unfair or unreasonable.
  7. A judge takes the law cited by the attorneys and applies that law impartially and without bias to the facts of the case (when not in a jury trial).

There is almost certainly more than one thing I neglected to mention. I apologize for whatever I left out. I just hope that people stop trying to credit or blame lawyers for work product! We have enough rotten practitioners, we really don’t need for the honest lawyers to be unjustly accused.


    Drying Up the Swamp II

    It has always seemed a trifle wonky to me that Congress can decide on its own salary and perks. I don’t think it is any coincidence that Congress gets a very healthy salary, great perks and seriously wonderful benefits. Being somewhat insulated from the results of some of the social legislation that they pass, they tend to disregard some of the harsher consequences or they forget that ordinary Americans struggle to pay more taxes in whatever form.

    I have said before that I believe we should all support the Article 5 Convention of States. I say this logically and because it is the remedy set forth in the Constitution for us, instead of marching out into the street pumping my arthritic fist while yelling, “POWER TO THE PEOPLE!” Neither the Senate or the House is going to reduce its access to the candy jar, shouldn’t we (as their employers) slap the lid on it??

    The entire Federal Government has its own health care. However, if the House and the Senate are going to negotiate with lobbyists and then plan out our health care then I think they should be required to live under the plans and the laws that they pass. 

    Drying up the Swamp

    In thinking about all of the controversy roiling around the repeal and replace of “Obamacare”, it all seems to develop problems when lobbyists and special interests get involved. Furthermore, doesn’t that seem to be the case with every piece of legislation that hits Capitol Hill?

    What part of the Constitution says that setting up people in Washington to try to manipulate our elected representatives to churn out bills which will profit them and negatively affect us is permissible? Why is lobbying even allowed? It is nothing more than the legalization of an unethical principal by which every single Congressman gets rich. They have put up a framework of rules around it to make it seem acceptable and, probably to make themselves feel better. However, the absolute truth is that those senators and congressmen were not elected by, and are not accountable to those lobbyists! When “we, the people” elect a representative, that person is bound by oath and responsibility to first and foremost do their very best for those who sent them to Washington (and pay their outrageous salary) and the citizens of the United States. 

    So…..what happens? The culture of Washington which seems to revolve around lobbyists and making deals. Other than the Freedom Caucus none of the representatives are very interested in doing what is right. They are mostly interested in power and keeping people happy back home ( by hook or crook) and making whatever deal is most profitable. They want to look good to the very liberal press so that those in their district will see how hard they are working, etc.

    Lobbying firms and businesses should be outlawed. There is no excuse for allowing them. It should be unethical for any representative to consider the interests of any corporate profit over citizens. Yes, I do understand that business affects citizens, but most of the time that excuse is stretched to fantastical proportions. 

    Our Constitutional Founders never intended for there to be a ruling political class (who just happens to get rich in the process). Senators and Congressmen were to be citizens who served for one or two terms and then got back to life, stepping aside for someone else. Imagine lobbying firms succeeding with one or two term citizens (I don’t think so)!

    Lobbying firms should be banned.

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