THE PRACTICE OF BUSINESS WITH THE FOX IN THE HEN HOUSE

31 03 2013

Authored by William Robert Barber

A comment was passed on to me by a friend; she suggested that I write a blog on positive content instead of my consistent inclination to express only the negative. So I thought and thought a bit more, but for all my thoughtful thinking my mind drew a blank. Now, in my defense and considering we are all experiencing the golden age of Obama, if I was writing a Liberal Progressive blog I would have everything positive within my composition. But alas my blog is quite the contrary…

Like all of us I receive, routinely, from all sorts of sources, varying degrees of gentle persuasion from differing perspectives. Some of these perspectives are substantive and render a meaningful contribution to my understanding of a particular subject. Most however are purposefully deviating, artificially embellished, and consume usurious amounts of time to process. Admittedly, most of my writings have been specifically critical toward the workings of government and the adverse effects of excessive taxation. I also, often passionately, highlight the burdensome near-stupid regulatory configurations that challenge a layperson’s sensibility. Seemingly, I never neglect citing the near-childlike persistence of politicians (regardless of affiliations) to act, in the first cause, for the benefit of political party over and instead of nation.

But I do, withstanding my issues with government and politicians, have issues of fretfulness with private enterprise. I believe that if private enterprise or the few therein wasn’t so bent on committing dastardly deeds, many of our most egregious and cumbrous of regulations and laws would not even have been thought, of much less implemented. If these dishonest few were instead ethically consistent in their business dealings, obviously violations of statutory lawlessness would abate. Hence, civil lawsuits would not tie up the courts and prosecutorial difference could therefore concentrate on criminals and their willful intent to breech the law of the land.

Of course we do have the private enterprise of attorneys seeking out cause for billing hours so in the first cause to satisfy their firm’s cash flow requirements and in the second, to elevate themselves from associate to partner. A judicious operational audit of the general practice of law would conclude that the practitioners of law are as much to blame for the purposeful clogging up of the conduits of the court system and the near eradication of the peoples’ belief in judicial fairness-as the scofflaws. As a consequence our judicial system, contrary to original intention, is nothing less than a maelstrom of confusing procedural interfaces between opposing attorneys, the processing demands of the court, and the pretense of serving the interest of the client. The most egregious of lawful methodology is called ‘discovery’ or in terms of a layperson’s understanding, cause for excessive billing hours… Discovery is a predetermined dance between opposing lawyers ostensibly to expedite the lawsuit through the court system; but of course the advocates of such a change of original procedure were instituted by attorneys for the benefit of attorneys and certainly NOT for any other purpose.

The judicial system does definitely require a solemn purging of spurious litigation. But then I am asking — or should I say appealing — for what is clearly the impossible. After all, this sector of private enterprise is occupied by the expert practitioners of the deadliest of anti-democratic-counter-republic felonies: The practice of statutorily compliant corruption; these practitioners of law are procedurally supervised by other attorneys called judges. The fox is guarding the hen house and we, the people, suffer because of it.

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