Posted by alexandra_k on September 16, 2022, at 19:02:36
In reply to Queens Counsel, posted by alexandra_k on September 15, 2022, at 2:22:09
So it's Miranda Rights -- right?
'You have the right to remain silent.
Anything you say may be used as evidence against you, in a court of law.
You have the right to an attorney.
If you cannot afford an attorney, then one will be appointed to you. Do you understand your rights, as they have been read to you?'We don't Miranda warn people. I think that is true. The police tell people (including children) that they are required to do various things... Required to go with police. Required to stay put in cells at police stations or in prisons. Without the person being read their rights. They refuse to supply lawyers in a timely fashion or at all. They refuse to set court dates. Etc. And it isn't just police. They subcontract to 'security guards' who go about unlawfully detaining people refusing to read them rights or supply lawyers as well.
And the consequences for them kidnapping etc etc?
None.
So there was a contrived case where this qualified lawyer from Queensland Australia was in England and was not a member of the bar association or whatever it is over there. He paid no membership fees or dues and he was not accountable to them for this conduct. He trained in Australia where the focus is on Australian precedent and Australian Law. I don't know what particular area or aspect of Australian Law he had studied. I don't know that he had studied or passed any competency test on filing within the British or UK system. I don't know whether he would have understood the various things that needed to have been done and the process for doing them, the time they needed to be filed by etc etc etc.
The Judge ruled (in the High Court? I don't remember the level of court) that since he was not a practicing barrister in England he was not allowed to do filings for a 'client' (who wasn't going to pay him) and he was not allowed to bill as a lawyer in England and he was not allowed to sit next to him (court room space reserved for clients and their lawyers only) and he was not allowed to address the court becuase that was reserved for clients and their lawyers only. And he was not allowed to disrupt proceedings by whispering in his client who did not pay him's ear during the proceedings.
Then the Court of Appeal overturned that. Because, of course, this issue of having a person who isn't qualified passing themselves off as a lawyer has interesting implications for the kind of 'legal representation' that governments have to provide to people who has been accused by the government of various crimes which is supposedly or allegedgly the lawful grounds or authority that they have for having locked them up and so on.
So the court of appeal says that you don't need to be qualified to sit next to someone in court if they want you to sit next to them. And you can whisper in their ear as much as you like (interrupting them from hearing or following along what the judge is saying when the judge is speaking and so on)... And the client is responsible for themselves and their filings and their speakings and the pretend lawyer person isn't accountable to the client or to the courts for any worse that they make things be for etheir client.
And in exchange for all the work he did being the original MacKenzie friend... Apparently this guy got made QC for Queensland Australia. Years later. By the Australian process for what it is or means to be a QC in Australia. His contribution to law (in part or large part) being setting precedent in the British Court about how Mackenzie friends and be used in lieu of legal representation.
Why do they pay him?
Do they pay him?
Why not just force everyone to have a Mackenzie friend? If they decline to bring a friend and call them lawyer then they have chosen to forsake legal representation.
No?
I guess there probably are Mackenzie friend surgery days in the hospitals, too.
Where the surgeons can bring along the building apprenticses an see if they can hammer a nail in straight...
Or when the patients decide to let their very special particular friend have a go at things.
Just get in there... Have a go.
No?
This is not how we do??
Evidence??
poster:alexandra_k
thread:1120658
URL: http://www.dr-bob.org/babble/social/20220419/msgs/1120678.html