--- On Thu, 6/30/11, Meredith <meredith2729@yahoo.com> wrote:
From: Meredith <meredith2729@yahoo.com>
Subject: allowed to act as next friend to any person
To: "Meredith" <meredith2729@yahoo.com>
Date: Thursday, June 30, 2011, 11:40 AM
Thank you JR !!
--- On Wed, 6/29/11, Balsaman <balsaman@optonline.net> wrote:
From: Balsaman <balsaman@optonline.net>
Subject: FW: allowed to act as next friend to any person
To: "'Meredith'" <meredith2729@yahoo.com>
Date: Wednesday, June 29, 2011, 8:17 PM
From: tips_and_tricks@yahoogroups.com [mailto: tips_and_tricks@yahoogroups.com ] On Behalf Of The Handyman
Sent: Thursday, June 23, 2011 6:18 PM
To: tips_and_tricks@yahoogroups.com
Subject: Re: [tips_and_tricks] Is David practicing law without a license?
"The preparation of petitions must never be considered the exclusive prerogative of the lawyer. Layman---in and out of prison---should be allowed to act as next friend to any person in the preparation of any paper or document or claim, so long as he does not hold himself out as practicing law or as being a member of the bar. The cooperation and help of laymen, as well as of lawyers, is necessary if the right of reasonable access to the courts is to be available to the indigent among us. Reasonable access to the courts is a right secured by the Constitution and Laws of the United States , being guaranteed as against state action by the due process clause of the fourteenth amendment."
Justice Douglas in
Johnson v. Avery, Commissioner of Correction, et al.,
393 U.S. 483, 498
The state won't let a single judge decide an unauthorized case; they give you a jury trial so the error can be laid on a group of novice people. But most are dismissed before trial. I read every unauthorized case in Louisiana since 1921and no unlicensed man has ever been convicted. It is always a lawyer who lost his license that is on trial before the Judiciary Committee provided by the supreme court.They simply don't have authority to convict a man and allege a crime. This right to counsel of choice is protected by the Constitution for the united States of America; specifically the First Article of the Bill of Rights, in the matter of freedom of speech, the right to assemble peaceably, and the right to petition the Government for redress of grievance; also the Fifth Article of the Bill of Rights concerning due process of law; the Sixth Article of the Bill of Rights, and also the Ninth Article of the Bill of Rights, concerning the vast area of rights held by the people as the ultimate sovereigns;
I have testified in open court that I prepared a pleading and they moved on without incident. If you are a sheople they will give you a lot of lip. Its only a game they play. Hold your ground.
----- Original Message -----
From: dave
Sent: Thursday, June 23, 2011 2:10 PM
Subject: RE: Is David practicing law without a license?
Re: "…You can prepare any and all papers for another...you can charge for the preparation,….I beat them on appeal."
While this has a "ring" of truth to it, I can tell you that the bar association considers preparation a part of practicing law—especially when money changes hand with a client. [Which is why you had to appeal in the first place.]
Rather than invade their attorney turf of selling preparation work to incompetents-- which amounts to feeding your client instead of teaching them to fish, why not simply prepare "educational material"? It's very simple to prepare educational material in a word doc file with generic address—and let your customer edit as he chooses.
_,_._,___
Thursday, June 30, 2011
Re: Fw: allowed to act as next friend to any person
On Thu, Jun 30, 2011 at 2:35 PM, Jim Crow <cornmash008@yahoo.com> wrote:
