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Shysters Affirmative Defense

Posted by Ronin Amano on June 25, 2001 at 11:50:34:

In Reply to: Re: costs of various options posted by mirror on June 25, 2001 at 00:04:31:

: Funny. On tenant net you call the federal courts "pristine" and
: "fair" but on your own website you complain about their "pro se
: bias" and the "shyster's affirmative defense"

: Make up your mind.

First of all, I would like to thank you for reading that deep into the Rent Wars website. I didn't think anyone ever got to the glossary and I havent released the song yet.

But to answer your question, everything is relative. When comparing the Second Circuit to the Housing Court and the Supreme Ct Appellate Terms, the Second Circuit is extremely clean in comparison.

Nowhere on the Rent Wars site do you see it said that the 2d Circuit engages in the Three Rys (perjury, bribery, and forgery). The whole Shyster's Affirmative Defense thing is a complaint that the Second Circuit didn't reverse a lower ruling that awarded an affirmative defense to a lawyer who lied to the Circuit Court and then admitted to the lie under oath.

The criticism is that the Circuit could slip into corrupt practice and become mired in the same muck as the Housing Court and the Appellate Terms, NOT that they have done so. S.A.D. isn't saying that the Circuit wants lawyers to lie to them, it's saying that in covering up a lawyers blatant lie to them the Circuit WILL encourage shysters to lie.

And please note, the word 'shyster' does not describe all lawyers by any means, and that the lawyers usually before the Circuit are 'barracudi'. The Circuit may have felt like avoiding a stink that would advertise that one of these shysters had the balls to lie to them pro hac vice eye to eye and on the record. Their probable motivation was to avoid a black eye to the profession and the lower bench rather than because someone bribed them.

By addressing the S.A.D. as Circuit protection of shyterism, it is hoped that the Circuit will reevaluate this policy, see that it is far worse than any black eye, and nip shyster tricks at the circuit level in the bud.

But this sort of Rent Wars specific thing should be dealt with at Rent Wars, not at Tenant Net. It's off-topic here.


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