GEORGE WASHINGTON STATED

Firearms are second only to the Constitution in importance; they are the peoples' liberty teeth.



First Inaugural Address of George Washington...April 30, 1789

The preservation of the sacred fire of liberty and the destiny of the republican model of government are justly considered as deeply, perhaps as finally, staked on the experiment entrusted to the hands of the American people.

The Second Amendment of the U.S. Constitution

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The First Amendment of the U.S. Constitution

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Abraham Lincoln said:

"In this age, and in this country, public sentiment is everything. With it, nothing can fail; against it nothing can suceed. Whoever molds public sentiment goes deeper than he who enacts statutes, or pronounces judicial decisions."

James Madison Declared

The adversaries of the Constitution seem to have lost sight of the PEOPLE altogether in their reasonings on this subject; and to have viewed these different establishments not only as mutual rivals and enemies, but as uncontrolled by any common superior in their efforts to usurp the authorities of each other. These gentlemen must be reminded of their error. They must be told that the ULTIMATE AUTHORITY, wherever the derivative may be found, RESIDES IN THE PEOPLE ALONE. (Federalist Papers, No. 46, p.294; emphasis added.)

Saturday, July 12, 2008

CAVEAT EMPTOR...buyer beware!

Usually "caveat emptor" is the Latin for "let the buyer beware" and usually is applied to property purchased. In this instance I will use it to apply to the purchase of legal services: one might say "intellectual" property. I will admit the analogy is not perfect and some of the property might not be worth the price asked for it...especially in the long run to the client.

You may not know it but with the exception of three areas of the law,the State of Illinois does not certify any lawyers or law firms as specialty practices...they the law firm or lawyer advertises what he/she/it considers they are expert in doing.
So you are taking them at their word; that could be a dangerous and expensive proposition in some instances when you are dealing with an individual or firm with an operational philosophy that allegedly places their welfare ahead of their clients' welfare. Everyone beyond the age of reason (about 7 yrs. of age) knows that not all people are interested in pursuing "truth, justice and the American way". Not even Superman uses the phrase "American way" anymore...he also must be politically correct and not offend anyone.

The three areas of the law recognized as certifiable by Illinois are: Patent Law, Trademark Law and Admiralty Law. As is evident by looking through the yellow pages one does not see many of these individuals in McHenry County. McHenry County might therefore be considered somewhat of a general practice sort of a county as far as the practice of law. In other words, like the song that "dates" me says "you'd better shop around".

Enough background, lets get to the meat of the matter. Over the last few days several attorneys have contacted me and I have contacted a few others and requested their gut "feelings" about the underlying operational philosophy of firms that do a high percentage of their business in servicing the needs of villages, towns, cities, and other governmental units in McHenry County. Guess what I found out from these other attorneys? Not all are concerned about truth or doing the right thing; some are more concerned about winning, even if the cost of winning in bordering on the unethical or lets use a politically incorrect word now,the "amoral" but maybe technically legal. They know the average person living from paycheck to paycheck cannot always stand up to a prolonged legal battle and that is a tactic which is used by some to win and not to arrive at justice. Maybe its true what some say; on this earth you can buy all the law you can afford but the only place that justice will be dispensed will be in Heaven...I hope I am wrong...or this country has a very dismal future ahead of it.

In conclusion of this non-clerical homily I humbly ask that all units of government whatever their size ask and question the legal services they buy what their underlying philosophy is because winning is not the be all and end all. If you believe in a Creator like our Founding Fathers did then you at some time will stand in His presence and will give an accounting of yourself....and please forgive me for speaking for Him...He is not going to ask you how many times you have WON?

1 comment:

Gus said...

I wonder how many villages, towns and cities periodically review their total legal expenses for a fiscal year and make a critical evaluation of the value received. Also, exploring whether they could have reduced expenses anywhere. Or whether they could have taken legal services in-house and saved a bundle.

Insurance companies have known, and practiced, the philosophy over the years of "Sometimes it's cheaper to give up (settle) than to fight." So they strike a deal where the client/customer doesn't admit any guilt but pays up.

Or do communities analyze whether they engaged in any frivolous or unnecessary litigation?

Do they ever get second opinions? You know - take the facts and go to a different attorney or law firm for advice.

A community should hate to hear, "We will defend you to your death, no matter how long it takes (unless you run out of money for legal fees first)."

A wise, old doctor gave me her opinion of "talk" therapy about 15 years ago. What did she say? "'Talk therapy' will solve any and every problem a person can have - as long as the client and the therapist live long enough and the money doesn't run out."

A community's pocketbook is not bottomless. The Village of Carpentersville recently dropped Disorderly Conduct charges against a resident, after they had to bring in a special prosecutor.

How much more money does the City of Woodstock intend to spend trying to avoid reinstating Sgt. Gorski and paying his back wages?