"Interview With a Lawyer" (hopefully more) - Page 6
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dAPhREAk
Nauru12397 Posts
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GreenHorizons
United States22398 Posts
On March 16 2015 14:51 dAPhREAk wrote: daphreak this, daphreak that. thats making it personal. I'm talking about the arguments you made. How else am I to denote that you made them without referencing your name? Beyond that, what's the attack? On March 16 2015 14:31 QuanticHawk wrote: Anyone giving a damn would have read the thread, and if you were actually interested in a real impartial conversation and not showing up someone as stated (lol) your sig would be a link to the thread. I couldn't fit the text and the link, I could maybe get it to fit with a bitly link or something but I thought those were generally frowned upon, plus linking to my own blog in my sig would be self promotional in a way I never intended. Also I realize the reference to "Interview with a Vampire" was clearly missed/misunderstood by practically everyone, which indicates it was likely a poor framing job by myself rather than you guys missing something that should be obvious. People coming here expecting this to be some interview series about random legal questions (which if i was a lawyer I wouldn't have touched with a ten foot pole for fear of it being construed as legal advice and getting sued[I even proactively considered adding a disclaimer just so lawyers didn't feel at risk of such]) should of known from the OP that's not the type of questions I was asking. So while I never intended to arrive at some 'gotcha' moment I did expect to find that my sig wasn't true as was illustrated in the OP. So the "gotcha" is actually a painful realization The reason for my questioning of daphreak was inspired by a sincere curiosity, about what I perceive as a personal (meaning my own) deficiency, that doesn't allow me to see things the way I needed to in order to pursue said path. Plainly speaking, I'm asking questions that no one I had access to during my educational path could answer even remotely as well as daphreak has so far (forgiving that I might not have been able to articulate my questions as well back then). Re reading that, it seems pretty obvious that I thought lawyers had to put aside nepotism in deference to the law, or that it was at least the nominal expectation. I truly appreciate his honesty, and respect it. I strongly disagree with the position, but I respect not just saying he thought it was a problem (or leaving it at "odd" because he realized saying "i dont think it's a problem" made him "look stupid" if he really believed it) because it clearly would of been the easier route imo. | ||
QuanticHawk
United States32026 Posts
Best of luck in finding more people to interview in such a manner, Daniel. | ||
GreenHorizons
United States22398 Posts
On March 16 2015 21:00 QuanticHawk wrote: This must be what it feels like to be interviewed by Bill OReilly. Best of luck in finding more people to interview in such a manner, Daniel. lol, the "hopefully more" meant more than one lawyer not more than one 'interview'. I do wish other lawyers took a position on the rule/enforcement question though. Not sure if most lawyers see the calbar issue as a problem or not or if that's more of a California/daPhreak thing. I imagine people have done a sufficient job of scaring them into thinking that it's a trap and not just a reasonable question though, so my optimism is tempered. You really are sinking your teeth into this aren't you though? I get the thread wasn't what you wanted/expected (although it wasn't supposed to be to your liking). I don't see why you insist on making a point about me not getting any more of these 'interviews' (when I never intended to do so) or that it was all a gotcha play, when the 'gotcha' moment surprised me more than anyone else. You came to crap on me and my thread and you did, now please just move on to something else. Unless maybe you can show me the personal attacks I've been repeatedly accused of, that would be helpful? | ||
zf
231 Posts
On March 16 2015 21:25 GreenHorizons wrote: I imagine people have done a sufficient job of scaring them into thinking that it's a trap and not just a reasonable question though, so my optimism is tempered. You've done a good job of that yourself. I'd be happy to comment if I had any confidence that you wouldn't pluck six words out of several thousand for your signature line. | ||
GreenHorizons
United States22398 Posts
On March 16 2015 21:58 zf wrote: You've done a good job of that yourself. I'd be happy to comment if I had any confidence that you wouldn't pluck six words out of several thousand for your signature line. There would be 0 motivation for me to do so I would presume. Again it sprouted from a separate conversation. A separate but related question would be if we replaced lawyer with police officer does that change his or anyone else's opinion? Or make more clear why it strikes me as a problem in a system that people are supposed to trust to deal with the law? Or why it not being a problem contributes to situations like Ferguson (particularly with a known corrupt judge and clerk)? Police officers do not have the duty to report the misconduct of other police officers or their superiors Does anyone see that as a problem? Or maybe if I try a different, yet possibly more personable for some example, like IRS Auditors do not have the duty to report the misconduct of other IRS auditors or their superiors Perhaps that would make more sense as to how it could be a problem? | ||
JieXian
Malaysia4677 Posts
Mr GreenHorizon, I'm telling you sincerely that people aren't "hating" on you for whatever reason. You are being disrespectful. | ||
xDaunt
United States17988 Posts
On March 17 2015 01:09 JieXian wrote: I thought it was bad enough when this thread was only at page 1. Mr GreenHorizon, I'm telling you sincerely that people aren't "hating" on you for whatever reason. You are being disrespectful. In fairness, people are hating on him (though said hate has been earned). | ||
GreenHorizons
United States22398 Posts
I think there was one that might be close and I apologized and explained. There is nothing I've said that even comes close to as disrespectful as the people who have come in here to shit on me and my thread. So you guys should probably move out of those glass houses or get softer stones. For a bunch of law people there sure are a lot of baseless accusations flying around unchallenged. | ||
dAPhREAk
Nauru12397 Posts
It's not a "gotcha". I had no idea daPhreak felt that way. I disagree with that perspective and gave the Ferguson example as to why there needs to be punishment for people who don't speak up about corruption. (should have something to protect them from reprisal too). daPhreak didn't think there needed to be a rule let alone punishment for those who break it. this is a misrepresentation of what i said. i dont think there needs to be a rule in the legal profession to snitch. this has absolutely nothing to do with ferguson in my mind. also, i never said such a rule shouldnt be punished, i absolutely do think if there was a such a rule that there should be punishment. daPhreak also thought that Ferguson should have resolved it's issues through normal reporting mechanisms ignoring that people tried (because he didn't see it), and that those efforts were stonewalled by the very people charged with protecting the people making the complaints. i said this in another thread, and you started this thread by saying you didnt want to bring politics into this thread, and then turned around and did it. also, way to completely ignore what i said in the other thread. selective reading is strong. He left saying that Missouri had the reporting requirement as a "see it didn't help" to which I replied that was my point. The mere rule doesn't mean much if it's not enforced. He doesn't see the lack enforcement (or even the lac of the rule) as a problem. I can't see how Ferguson isn't an example of why he's wrong. this is a misrepresentation. i just said they have a reporting requirement, i added no commentary. when did i ever make a comment about lack of enforcement? also, why are you trying to prove i am wrong in a thread dedicated to me trying to give you an attorney's perspective only? wtf. Rather than drag the whole thread through why his argument (that I had no idea he was going to make) was wrong on Ferguson I summed it up in my signature. again, wtf? this was supposed to be a q&a session. why are you trying to prove anything? If you think all this was a plan you guys need to lay off the tinfoil. The "gotcha" claims are from stuff he brought up unprovoked and that I never intended or planned. i think they are saying its a gotcha thread because you came in with preconceived notions and then ignored everything i said unless it fit your preconceived notions. I honestly thought phreak would agree that it was a problem, his response (captured in my sig) was a surprise to me. Moreover, if it's a reasonable position, there is no "gotcha" anyways...? why even mention me? calbar doesnt consider it a problem so why does my opinion matter one way or another? you single me out when you can make the same point by saying calbar doesnt think its a problem. also, your quote makes you look stupid. you take one sentence out of the discussion and ignore the context. why dont you explain why i dont think its a problem? its like you want me to look unreasonable despite the numerous points as to why i dont think its a problem. It would be like saying "hah gotcha saying you believe the earth is round". kind of misses the points being made. You (and others) coming into a blog (you easily could of ignored) just to deride me, is the thing that comes off as childish lame shit...But hey, different strokes for different folks. i was uninvolved so have no comment. i see you edited this in to another comment. I truly appreciate his honesty, and respect it. I strongly disagree with the position, but I respect not just saying he thought it was a problem (or leaving it at "odd" because he realized saying "i dont think it's a problem" made him "look stupid" if he really believed it) because it clearly would of been the easier route imo. so now i am stupid for an opinion? also, if just saying "i dont think its a problem" makes me look stupid why is that all that you put in your signature? perhaps you want to make me look stupid? | ||
GreenHorizons
United States22398 Posts
On March 17 2015 06:38 dAPhREAk wrote: i'll respond to your points so that you dont feel unfulfilled. this is a misrepresentation of what i said. i dont think there needs to be a rule in the legal profession to snitch. this has absolutely nothing to do with ferguson in my mind. also, i never said such a rule shouldnt be punished, i absolutely do think if there was a such a rule that there should be punishment. i said this in another thread, and you started this thread by saying you didnt want to bring politics into this thread, and then turned around and did it. also, way to completely ignore what i said in the other thread. selective reading is strong. this is a misrepresentation. i just said they have a reporting requirement, i added no commentary. when did i ever make a comment about lack of enforcement? also, why are you trying to prove i am wrong in a thread dedicated to me trying to give you an attorney's perspective only? wtf. again, wtf? this was supposed to be a q&a session. why are you trying to prove anything? i think they are saying its a gotcha thread because you came in with preconceived notions and then ignored everything i said unless it fit your preconceived notions. why even mention me? calbar doesnt consider it a problem so why does my opinion matter one way or another? you single me out when you can make the same point by saying calbar doesnt think its a problem. also, your quote makes you look stupid. you take one sentence out of the discussion and ignore the context. why dont you explain why i dont think its a problem? its like you want me to look unreasonable despite the numerous points as to why i dont think its a problem. kind of misses the points being made. i was uninvolved so have no comment. i see you edited this in to another comment. so now i am stupid for an opinion? also, if just saying "i dont think its a problem" makes me look stupid why is that all that you put in your signature? perhaps you want to make me look stupid? Would of been better to address it as it came up instead of building up toward a rant. I don't think it makes you "look stupid" that was Hawk, hence the quotes. Otherwise there is so much parsing it's ridiculous. Despite my lengthy explanation the point of this was clearly not made. I could present the best explanation possible and it wouldn't change anyone's mind at this point anyway. I don't really see a point to respond to most of that stuff. It's not worth the time. Sorry you all think you wasted your time. I learned a lot. Better luck next time. | ||
IgnE
United States7681 Posts
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Aerisky
United States12128 Posts
I find it amusing that you fail to see a point in responding to his reply which, in turn, was a complete waste of his time as a result of your abject failure to hold anything resembling a q&a. | ||
MountainDewJunkie
United States10340 Posts
TLDR, OP is passive aggressive prick sandwich, who seems to own a "word of the day" calendar for infants, can't take what he fails to dish out, and has a completely unwarranted and unsubstantiated vendetta against daphreak, seemingly because he was tired of getting owned in the forums and in his own awful blog, coupled with his resistance to intelligent ideas that challenge his rigid and limited world view from the safety of his stoop. | ||
dAPhREAk
Nauru12397 Posts
On March 17 2015 07:02 GreenHorizons wrote: Would of been better to address it as it came up instead of building up toward a rant. I don't think it makes you "look stupid" that was Hawk, hence the quotes. Otherwise there is so much parsing it's ridiculous. Despite my lengthy explanation the point of this was clearly not made. I could present the best explanation possible and it wouldn't change anyone's mind at this point anyway. I don't really see a point to respond to most of that stuff. It's not worth the time. Sorry you all think you wasted your time. I learned a lot. Better luck next time. you pester me to respond then say im ranting when i respond. seriously? | ||
xDaunt
United States17988 Posts
If a lawyer were obliged to report every violation of the Rules, the failure to report any violation would itself be a professional offense. Such a requirement existed in many jurisdictions but proved to be unenforceable. This Rule limits the reporting obligation to those offenses that a self-regulating profession must vigorously endeavor to prevent. A measure of judgment is, therefore, required in complying with the provisions of this Rule. The term "substantial" refers to the seriousness of the possible offense and not the quantum of evidence of which the lawyer is aware. A report should be made to the bar disciplinary agency unless some other agency, such as a peer review agency, is more appropriate in the circumstances. Similar considerations apply to the reporting of judicial misconduct. So yeah, there's a shit-ton of discretion afforded to lawyers on this subject. Effectively, lawyers basically never report each other -- except in the most egregious of circumstances -- for a variety of reasons. The most important reason is that reporting another attorney typically is only going to needlessly complicate the underlying matter, thereby adversely affecting our clients' interests. This is particularly true in litigation. I have had a number of cases where an opposing lawyer did something patently unethical, but I did not report him because it would only have undermined the larger, big picture goals that my clients and I had. Turning to the the basic argument behind the genesis of this thread -- that it is a bad thing that lawyers in California do not have a duty to report misconduct -- I can conclusively say that this argument is absurd and not grounded in any kind of reality. Any decent lawyer in a jurisdiction that requires the reporting of misconduct won't report misconduct 99% of the time, much less be required to under the applicable rules of professional conduct. TL;DR: daphreak is 100% correct. | ||
Pino
1032 Posts
On March 17 2015 06:38 dAPhREAk wrote: i think they are saying its a gotcha thread because you came in with preconceived notions and then ignored everything i said unless it fit your preconceived notions. That sentence alone sums up the whole thread. Daphreak did it on several occasions, I did it once or twice. You "ask" a question leading to an answer. Someone translates it to a juridical question, to get you to some undestanding of what a lawyer's job is about. Then because of your preconceived ideas and own opinions, you quote out of context or cherry pick arguments that go in your own way, while you clearly have no idea what being a lawyer is. Thus, you are trying to prove a point in the worst way to people that are gently trying to help you understand what being a lawyer is. Oh and btw, today I was in court, my firm's client was discharged in a collective theft (not something super important if it can reassure you, with no physical harm to anyone). Most of the people in the court thought he was involved. Thanks to poor investigations, we were able to plead the lack of evidence. And I can tell you it felt reaaaaally good, no shame wether he was really involved or not | ||
DarkNetHunter
1224 Posts
Also, GreenHorizons your signature... weak. | ||
Belisarius
Australia6202 Posts
You've got some kind of axe to grind on misconduct and misleading people, and yet you start a thread with: So I wanted to open with a good faith effort to show I don't come into this looking to score points or anything. I am sincerely curious and am only seeking to better understand. If I appear to be attempting to score some political points here it is not intentional and I will not fight being called out on it. And then you make that signature. | ||
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