Page 31 - The Circle of Life
P. 31

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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