Hypocrisy of the Bar or Why You Can't Trust Lawyers 100%

2024 Author: Seth Attwood | [email protected]. Last modified: 2023-12-16 15:55

When a person is in trouble, it seems to him that a lawyer is his only hope. But this is almost always a misconception. Today you cannot trust anyone, especially those who are interested in getting more money from you …

If fate forced you to face the legal system of any country, and you have to invite a lawyer, you should be well aware of a few simple things that can help you save money, health, freedom, and maybe even life.

- Lawyers are the most ordinary people who earn their living by their specific craft. That's all. Lying is central to the profession of a lawyer.

- The quality of a lawyer's work depends most of all on qualifications and experience. Therefore, young lawyers are rarely successful, but their services are always much cheaper.

- Honest and conscientious lawyers in life come across very rarely. Therefore, it is best to search for such a lawyer in advance, just in case.

- You can only trust a lawyer with the minimum information from your life, which is necessary for the successful conduct of the process. You cannot trust a lawyer, like all other people!

- In order to understand whether your lawyer has the required qualifications, you yourself will have to familiarize yourself with many rules and regulations of court proceedings. You can't do without it! Movies won't help here either.

When it comes to criminal proceedings, a sufficient number of people have already heard that in the post-Soviet space investigator, the prosecutorand refereeAre persons who actually work together … Such "troikas" themselves, formally separated, but acting in the same vein, are actually a conveyor belt for passing convictions to all indiscriminately.

Nevertheless, most people who have not gone through criminal proceedings on their own skin or have not worked in this area do not even know about another important "gear" of this system, without which there is a negligible number of acquittals (in Russia and Ukraine there are fewer 0, 5%of the total number of sentences) would be simply impossible. For comparison: in EU countries, the number of acquittals varies between 10-15%, depending on the country.

As the martial artists say, the most dangerous blow is the one that is delivered where you think you have maximum protection. It's about your lawyer, which supposedly has to defend the accused, at least by virtue of the principle of adversarial nature of the criminal process, as well as the equality of parties before the court.

The fact that in the post-Soviet space the equality of the parties to the prosecution and defense before the court exists only on paper is known to many. But that in 95%cases the lawyer will be openly or covertly "Drain" your clientthe prosecution for his own money is known to a few. So, let's understand how this mechanism works from the inside.

For a person who is charged, and in respect of whom a preventive measure is chosen (and in a very large number of cases, the suspect is chosen a preventive measure in the form of detention), the situation that has arisen is an emergency, while, as a rule, the person is in a state of continuous stress … At the same time, the majority of ordinary people who fall under the distribution are far from jurisprudence.

Naturally, the pressure comes from the investigator and the prosecutor, which the suspect subconsciously resists, if he is not broken. In addition, each person wants to know how this whole story will turn out for him? He needs someone he can trust. This is such a psychological need.

In this situation, the overwhelming majority of suspects / accused are reduced or even dissolve the logical protective barrier acting in relation to strangers, because advocate - it, seems to be your protectorwho came to pull you out of a difficult situation. It is the words of the lawyer that the suspect / accused is inclined to maximize believe, which is a gross error.

Vigilance should never be lost, and you need to continuously monitor the words, recommendations and actions of the chosen lawyer, especially when it comes to your destiny within the framework of criminal proceedings. Because the vast majority of investigators, prosecutors and judges in the post-Soviet space professionals in humiliation of human dignity and the destruction of human destinies.

The author of this article is personally on my own skin tasted what criminal proceedings are, as an accused, and how majority lawyers for their clients' money make "Gesheft" with the prosecution and "Drain" their clients.

The first lawyer whom the author met as soon as he became a suspect was female, who, not having time to cross the threshold of the room, when the author was detained, without acquaintance with the details and materials of the case, blurted out that it was better for the author to admit the suspicion presented in full, under the threat of a real term. If she admits guilt, she may be able to persuade the investigator to give me a suspended sentence.

She's out of luck the author has a law degree And at that time he had the idea that the case could not be brought to court if at least some evidence of corpus delicti was not collected with a stretch, and until they were presented, it was “too early to raise our paws” and panic as well.

At the same time, in the client, the lawyer calmly tries to cause the state despair and panic … And in a huge number of cases, it works. A person is "squeezed" from all sides, and he is ready to make any deal with the investigation. Investigators are basically engaged in knocking confessions out of suspects, and not actually investigating crimes.

It's easier and faster to get what you need. indicators their activities, and not bother with the collection of evidence, their proper registration, take into account their interconnectedness, follow the deadlines. Who needs it? It is easier to break a person to make a deal with the investigation, and the court will approve it in one session.

It is also beneficial for the judge … Calculate yourself an indicator for one meeting. There is no need to consider anything, waste time, but you can simply change the name of the document - the indictment - to the verdict, and the trick is in the bag. In addition, transactions with the investigation, approved by the court, are not contested on appeal in 99% of cases, which is also beneficial to the judge. And a huge role in this situation is played by advocate.

Naturally, the first lady-lawyer for such recommendations was sent by the author very far - on a "pedestrian erotic journey". It was possible to surrender to the mercy of the investigation for free, and for this you did not need a lot of brains. Nevertheless, lawyers charge money for such consultations. On average in Ukraine, consultations of lawyers about the need for a transaction with the investigation cost 300 dollars, sometimes more, plus a little more for the spent hours of work.

Many lawyers come from law enforcement agencies or the prosecutor's office, of course, they will do their best to help their colleagues in condemning their clients. At the same time, investigators and many lawyers have agreements: we initiate cases and you have new clients. We get the results of solved crimes - you are money, sometimes money is divided … If you manage to get a “fat” client, the lawyer can participate in the distribution of profits for the closure of the criminal case. Such is the waste-free production.

Now let's talk about signsthat will allow you to identify the lawyer who "leaks" his client:

- The lawyer did not get acquainted with the case materials. Any arguments that this is not necessary or that this can be done later, or we will react to the actions of the prosecutor, are pure water "Noodles" for the narrow-minded accused. The first step for a professional lawyer is to familiarize himself with the case materials in all cases, without exception.

- The lawyer, without getting acquainted with the materials of the case, recommends admitting guilt.

- During the trial, investigative measures and before them, the lawyer does not give the accused any recommendations, but simply is present, does not talk about the tactics and strategy of the defense, does not work with the accused to develop a line of conduct.

- During the trial, the lawyer does not submit any motions, motions to declare the evidence inadmissible, does not present any objections. Moreover, all these actions must be drawn up in writing and attached to the case file.

- The lawyer recommends giving testimony to the accused. V 99% cases, the accused should never, under any circumstances, give any evidence either in court, or the investigator, or the prosecutor. According to court statistics, the basis 90% of sentences only the testimonies of the accused were used.

- The lawyer says that everything will be fine, without any specifics. At the same time, he declares that there is no need to take active steps, to anger the prosecutor and the judge. Vice versa! They need to anger them as much as possible with their competent defensive actions. The higher the level of anger and nervousness of the prosecutor and judge, the more obvious that the case is falling apart.

In a lawsuit in which the author of this article was held as the accused, advocate second the accused for almost 2 Years of the trial did not submit a single petition, but like a parrot all two years he repeated one of two phrases: “For consideration of the court” (which is equivalent to raising the legs up) and “I support the position of the accused (the author) and his lawyer”. For such a "productive and complex" activity, his fee during this time amounted to a little more 2000 dollars USA (approximately 20 trials).

Unfortunately, today, despite the abundance of law firms, the number of good specialists in the field of criminal law and procedure among lawyers is at the level of statistical error (1-2%). It is also necessary to add here the moral qualities and decency, which the absolute majority of the "workers" of this profession do not possess.

That is, the majority of lawyers have become outspoken parasitestrading illusion to defend the rights of the accused at excessively high prices. It is thanks to these factors that we have such a low number of acquittals (less 0, 5% of the total), most of which were made on "corruption cases". I think there is no need to explain why it is in this category of cases. The answer is obvious to everyone.

The author sees several ways out of this situation. First Is the creation of the institute "Personal rating of a lawyer", directly on which the amount of the lawyer's fee should depend.

This means that after obtaining a lawyer's certificate, the lawyer must be assigned a "zero" rating. As he works, a lawyer should have a kind of "counter" that should display the number of cases in which the lawyer participated, the number of convictions (suspended and actual terms), the number of canceled sentences, the number of acquittals, and the closure of criminal proceedings due to exonerating circumstances.

This system works in the EU and the USA. Anyone can go to the website of the legal profession of a particular country and get comprehensive information about a potential defender and choose a defender by region, pocket and sympathy. Then lawyers with low ratings will be motivated to work efficiently in order to receive good fees.

Second set of measures, in parallel with the first, - increasing the general level of morality and responsibility for their actions.

And what about those to whom trouble has already come?

Do not give in to panic, emotions. Check each candidate for attorney on the points listed above and never trust him completely. Every action should be checked. It is not uncommon for a good lawyer to be outbid by some kind of "nishtyak" for draining the client. So track need for the actions of a lawyer constantly.

It would be useful to demand from the lawyer documentary evidence of the number of cases that he managed to "ruin" before signing the contract. And most importantly - to take the criminal and criminal procedure code yourself and delve into every word … After all, the salvation of a drowning man is most beneficial to the drowning man himself.