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The Devils Advocate

  • soulruler
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08 Jun 12 #335661 by soulruler
Topic started by soulruler
I have just found an amazing book called The Devils Advocate written by a Crown Court prosecutor callled Iain Morley QC.

It lays down in simple terms the duties of all solicitors and advocates in court.

Primarily NEVER EVER LIE in court even if you think you will never get found out for your crime. If you ever ever lie in court then you should never ever step foot in court again. Apart from any other consideration you as an advocate could be prosecuted for your failures under many acts including the Fraud Act 2006 or the Legal Services Act 2007, you could loose your licence to trade and you could also be made a public disgrace and loose your liberty (by way of imprisonment). You could also receive financial penalty by way of damages to your victim.

Your duty, whether a defendent or a claiment is to be totally honest and frank and not to allow a miscarriage of justice.

My first legal adviser (solicitor) with whom I am still in contact made this clear to me when I was talking through some of the things I had witnessed and seen in court and he told me he had no comment to make as he was an officer of the court. Your duty on appointment is to assist the court and your client and the opposing "side" to come to a decision that is both Just and right in Law and not to prejudice the case and either client simply for your own gratification or personal financial advantage.

Also be aware that as a solicitor that your duty is to report any knowledge of perjury or fraud to the authorities without letting your client be aware that you are reporting them - that is a strict liability for all solcitors in Law. Also if you cannot go that far you should stop representing them as solicitors as well as individual people can become vexatious litigants in Law and have civil restraint orders made against them (so they have to apply into court if they want to take any claim against any party in civil proceedings in UK Courts - to prevent any member of the general public being harrassed by meritless claims.

The reality is that all solicitors and barrister and UK Judges swear an oath when they qualify or are appointed either to the bench or the bar to act in accordance with the law.

You will see it on Silk also that the prosecution and the defence work together to make sure that they put forward arguements that will ensure that there is not a miscarriage of justice - they work with the courts and each other collaboratively to make sure an innocent party is not found guilty of a charge and that a guilty party is found guilty (the prosecution working to reduce legal penalty).

If you do nothing else when starting or continuing either to self represent or be represented by solicitors read The Devils Advocate and then read and re-read and point out this book to anyone who represents you.

Also tell you friends that they should get involved in the legal process and go into their civil courts - most of which are open proceedings. Get your friends involved and encourage them to come to court and sit quietly at the back.

We all need to be more involved in due process in my opinion.

In the words of the abusive Judge who made an extrajudicial (not valid) judgement against me and my family "Mr and Mrs X are as far apart as the Grand Canyon" which is totally true regarding the difference between criminal lawyers and barristers and civil lawyers and barristers. Quite simply I do not know how UK Judges cope as they are betrayed by their own kind in civil courts on a daily basis.

The district judge who made such horrible legal penalty against me also stated in his judgement against me that I had been subjected to questioning for many hours boarding on hostile and that I had stood up well in fact very well to that. Yes he was right but it wasn''t boarding on hostile it was way over the top and gladitorial and abusive and yet although I was in Open Court it was a little known fact (even I didn''t know at that time). So I was locked up with three very abusive men (husband his gladiator councel and the abuse judge) and I had two days of a severe beating and torture culminiating in the judge coming back into court after my husband and counsel had left and the tapes were turned off and him telling me "you better hurry up they are going to turn the lights out on you!" and glaring at me with intense hatred.

In my view it is about time we all worked together and in accordance with our responsibities and rights in law - to protect the majority and to protect democracy.

  • rubytuesday
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14 Jun 12 #336675 by rubytuesday
Reply from rubytuesday
Thanks for posting this, Pip - I actually ordered this book a few days ago, so your thoughts on it made interesting reading.

Perhaps you could write a short-ish review for our Books section in the Resource library?

  • soulruler
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14 Jun 12 #336692 by soulruler
Reply from soulruler
I would be pleased to in time - I am very busy at present as you might guess especially trying to prepare myself as I do believe that my small money case is going to, at the very least, hit the legal press and probably hit the national press some time soon.

My attempts to get out of court and remain anonymous and my attempts to protect my husband and his new wife (my ex best friend) have fallen to nothing and looking back I think I was somewhat stupid to try for so long to protect them.

For the last year or so I have been thinking that they deserve a prison sentence (I was thinking before that they should do community service).

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