Page 31 - The Circle of Life
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pockets and not yours at this stage as their lawyers wants to be paid as the case
goes on and not at the end. Lawyers never work on risk unless there is no risk
as with certain claims against the road accident fund. Generally speaking though
lawyers want to be paid for work done as it is done! It is good for cash flow and
the client does not realise how much he already paid if billed in smaller amounts
or so we hope anyway!
* My American Patriot says I am just cynical and even lawyers deserve to be
paid if they did the work! Thing is, many clients simply cannot afford the fees
and then what do you do? Is very difficult for me anyway to refuse to help which
is why I wrote my legal books free or charge. To assist the average Joe who
cannot afford me. Some topics, like how to push back against an evil bankster is
too important to charge money for. See Your Worst Enemy which deals on that
very subject.
The procedure between an application and summons is vastly different but fair.
The Laws of Evidence regulates what is allowed and what not but even that
differs for you need a much higher burden" beyond reasonable (note not all)
doubt" in criminal cases than the private (civil cases) it is based on "the balance
of probabilities" which is much easier. Why the difference? The sanction or
punishment in criminal cases is not just money but your freedom (jail) or even
death (not in South African) which is deemed more serious and thus a heavier
burden is placed on the State to prove the case. There is also a huge difference
in owing someone money and being a criminal convicted of fraud.
Read my lips: Only lawyers benefit from trials which is why we always advise to
settle the matter and avoid hearings as much as possible. It is simply not good
business for us to waste time in court.
Always remember that if you say something or alleges something in law you
must prove it and to do that you need independent witnesses testifying to your
version. Further if you introduce a piece of paper you need someone to explain
what that is. A human body always goes with paper in court for it cannot talk on
its own. The reverse of this is also true. That what you do not deny will be seen
by the law as admitted. Therefore if your soon to be ex says z you deny it.
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