ignorance

If there is only one thing that you learn from this site  this is  it.   court is WAR .

In  Sun Tzu’s art of war    you will  find  strategies your opponent will  use, be ready for them , they will be relentless.

If the other party was the negotiating type they would have given you an opportunity to  settle out of court . It may also  be that they are naive and  that their lawyer has takent hem down the litigation path as this is far more lucrative  than  an amicable settlement. Always  follow the $ trail.

The reason matters go to court  is not because the parties  cannot  find common ground  but because one side is  greedy  and wants  something  that  is not their entitlement or wants more than their  fair share. We often find that  long term  court  cases go on because  the demand are so disproportionate that one side keeps  fighting because the   balance for settlement is  so wrongly out of kilter.

If you have two reasonable parties the matter will not progress to court , it only takes one unreasonable party to  engage a lawyer who is not particular  about the rule of law  and you will find each and every strategy in the art of war  implemented.

Overseas the radical  concept of lawyers as peace makers is being promoted  , this however  provides lean  earnings for lawyers  and in a society where  $$ matter  why resolve  something in a few hours when you can build the matter into a legacy for your grand children.

The more money  you have the longer the litigation will take.  there are  short cuts to victory   but you have to know them  so as to instruct and monitor  your  lawyer.

We  can be fooled by the fact that lawyers  have a statutory obligation to section 4 of the Lawyers and Conveyancers act  

4 Fundamental obligations of lawyers

Every lawyer who provides regulated services must, in the course of his or her practice, comply with the following fundamental obligations:

(a) the obligation to uphold the rule of law and to facilitate the administration of justice in New Zealand:

(b) the obligation to be independent in providing regulated services to his or her clients:

(c) the obligation to act in accordance with all fiduciary duties and duties of care owed by lawyers to their clients:

(d) the obligation to protect, subject to his or her overriding duties as an officer of the High Court and to his or her duties under any enactment, the interests of his or her clients.

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It has become evident that there are many lawyers seem to think that their  duty is to win  at what ever their  client  instructs them on  and they will secure victory at any cost.

If you have been in the civil courts you  will have noticed  one or more of the tactics, if there are any we have missed please contact us

The following are links to blogs  which  highlight issues in our courts  we welcome more  links.

Civil proceedings in New Zealand Courts

Open letter to Judith Collins What justice system ?

lawyers enjoy rights no one  else has   see Why teachers go to Jail and lawyers keep practicing

Failing to serve documents  see   Approved and acceptable standards for document service in New Zealand

False affidavits of service see Translegal services NZ Limited another lesson in document service and Whistle-blower liquidated on false affidavit

acting illegally see Brookfields Lawyers continue to act illegally and  How Brookfields secures victory

use intimidating tactics   see Do Brookfield’s Lawyers take their obligation to the law seriously?

can commit perjury  see  How many lies before a barrister commits perjury?

use  other court proceeding   to ” beat the other party up”  while matters are still before the court Liquidation as a tool of oppression

Its all relative  we are compiling  cases which  show  connections between lawyers and judges  and  lawyers and he parties theyr represent  we have several stories on hand which show that if you are u p agaisnt a litigant who is well connected  you really don’t stand a chance…  that is not justice. Any further information please contact us

and there is more   but that is for another day

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