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Quote: Ferocious Aardvark "


You are completely wrong not for the first time.

I personally was coached by a solicitor and a barrister at different times when i was appearing in court as a defendant.

I also know that solicitors and barristers regularly, " coach" their clients in family cases.

This may not take the form of these are the questions i will ask this is what you should say but it is often along the lines of you will be asked this question how will you answer it then they suggest that a better way of phrasing it would be so and so

For you to doubt this happens in my opinion makes you either either completely ignorant of how the legal system works or you are in denial of the reality.

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Quote: Durham Giant "You are completely wrong not for the first time.

I personally was coached by a solicitor and a barrister at different times when i was appearing in court as a defendant.

I also know that solicitors and barristers regularly, " coach" their clients in family cases.

This may not take the form of these are the questions i will ask this is what you should say but it is often along the lines of you will be asked this question how will you answer it then they suggest that a better way of phrasing it would be so and so

For you to doubt this happens in my opinion makes you either either completely ignorant of how the legal system works or you are in denial of the reality.'"


You seem to have conveniently ignored the part about the barrister 'knowing' they were guilty and inventing a scenario. Any line of questioning is put forward on the basis of a client's instructions. Barristers at times probably, in the back of their mind, 'think' the client is guilty. Regardless, they put the case forward on the basis of what they've been told by the defendant. If they know they're guilty because the defendant's admitted the offence, they can't go into court and put forward a completely different story. To suggest that happens on a daily basis is a load of rubbish.

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Quote: Adamjk "You seem to have conveniently ignored the part about the barrister 'knowing' they were guilty and inventing a scenario. Any line of questioning is put forward on the basis of a client's instructions. Barristers at times probably, in the back of their mind, 'think' the client is guilty. Regardless, they put the case forward on the basis of what they've been told by the defendant. If they know they're guilty because the defendant's admitted the offence, they can't go into court and put forward a completely different story. To suggest that happens on a daily basis is a load of rubbish.'"

Well quite. Coaching a client and lying to the court are two completely different things

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Quote: Adamjk "You seem to have conveniently ignored the part about the barrister 'knowing' they were guilty and inventing a scenario. Any line of questioning is put forward on the basis of a client's instructions. Barristers at times probably, in the back of their mind, 'think' the client is guilty. Regardless, they put the case forward on the basis of what they've been told by the defendant. If they know they're guilty because the defendant's admitted the offence, they can't go into court and put forward a completely different story. To suggest that happens on a daily basis is a load of rubbish.'"



Legal professionals often know things about their clients that indicate guilt.

I know for a fact that legal professionals say things such as, I will ignore what you said and pretend i did not hear it.

I see these things every day.

I have had several solicitors say to me, " off the record my client has said this" because they want me to know to ensure that the correct decision is made. This is despite the fact that they should represent their clients best interests.

I had one case where a solicitor said to me, " you should go and see so and so and ask about this incident" On the basis that they knew it would ensure their client lost the case because they felt it was the right thing to do.

Just because legal professionals are not supposed to do a certain thing , they are human beings who are affected by the same pressures as re everyone else.

On the basis of your arguments about the ethics and legal duties off legal professionals you probably believe the following statements.

Police officers always tell the truth and never tell lies
Prison officers do not bring drugs into prisons.
Judges make decisions on the facts and not on their own prejudices
Doctors do not help people to die

The legal profession is no different to any other profession. There is the good the bad the ugly and those who have their own personal ethics.

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Quote: Durham Giant "Legal professionals often know things about their clients that indicate guilt.

I know for a fact that legal professionals say things such as, I will ignore what you said and pretend i did not hear it.

I see these things every day.

I have had several solicitors say to me, " off the record my client has said this" because they want me to know to ensure that the correct decision is made. This is despite the fact that they should represent their clients best interests.

I had one case where a solicitor said to me, " you should go and see so and so and ask about this incident" On the basis that they knew it would ensure their client lost the case because they felt it was the right thing to do.

Just because legal professionals are not supposed to do a certain thing , they are human beings who are affected by the same pressures as re everyone else.

On the basis of your arguments about the ethics and legal duties off legal professionals you probably believe the following statements.

Police officers always tell the truth and never tell lies
Prison officers do not bring drugs into prisons.
Judges make decisions on the facts and not on their own prejudices
Doctors do not help people to die

The legal profession is no different to any other profession. There is the good the bad the ugly and those who have their own personal ethics.'"


Sometimes it'll be blatantly obvious on the evidence that they're most likely guilty. All you can do is advise them on how limited the prospects of success are in the face of such overwhelming evidence. If they're adamant they want to run a trial, you run a trial. But if they admit their guilt or start giving conflicting instructions it's a potentially totally different story depending on what it is they want you to do.

I'm not disputing the fact that there are bent people out there. Doesn't mean it's uniform throughout the legal world. There's individuals who I've come across who seem to be under the illusion that all solicitors/barristers will employ any tactic necessary, including lying/making up facts on behalf of their client, to get the right result and that this is part and parcel of the profession.

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Quote: Adamjk "If (Barristors) they know they're guilty because the defendant's admitted the offence, they can't go into court and put forward a completely different story. To suggest that happens on a daily basis is a load of rubbish.'"


In the Hulme case they didn't put forward a different story. They were arguing technicalities which suggests to me they knew he was guilty. Otherwise why not present evidence of innocence?

Regardless of that Hulme was clearly hoping "justice" could be secured if he paid enough to employ a top QC. Legal Aid anyone?

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Quote: DaveO "In the Hulme case they didn't put forward a different story. They were arguing technicalities which suggests to me they knew he was guilty. Otherwise why not present evidence of innocence?'"

It's not their responsibility to provide evidence of innocence. Their responsibility is to refute evidence of guilt. Or in this case to argue that a fair trial could not take place. None of this suggests that they [iknew[/i he was guilty.

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rlhttp://www.huffingtonpost.co.uk/2013/02/07/nick-clegg-chris-huhne_n_2637229.html?utm_hp_ref

£17,000 severence pay should help ease the anguish, or buy a bloody good holiday to lie low for a while.

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Last edited by Ferocious Aardvark on stardate Jun 26, 3013 11:27 am, edited 48,562,867,458,300,023 times in total:d7dc4b20b2c2dd7b76ac6eac29d5604e_973.gif



Quote: Durham Giant "You are completely wrong not for the first time.

I personally was coached by a solicitor and a barrister at different times when i was appearing in court as a defendant.

I also know that solicitors and barristers regularly, " coach" their clients in family cases.

This may not take the form of these are the questions i will ask this is what you should say but it is often along the lines of you will be asked this question how will you answer it then they suggest that a better way of phrasing it would be so and so

For you to doubt this happens in my opinion makes you either either completely ignorant of how the legal system works or you are in denial of the reality.'"


Total bullsh!!t from you as I now expect.

As was clear, I was stating (and repeat) that the claim of the OP which (to quote it)
"encourage defendants and witnesses to lie in court on a routine basis"

"A better way of phrasing" is absolutely nothing to do with "encouraging to lie" and even a numbskulled dolt like you bloody well knows it.

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Last edited by Ferocious Aardvark on stardate Jun 26, 3013 11:27 am, edited 48,562,867,458,300,023 times in total:d7dc4b20b2c2dd7b76ac6eac29d5604e_973.gif



Quote: Chris28 "Well quite. Coaching a client and lying to the court are two completely different things'"


Perhaps you need to run a class for moderators in comprehending plain English.

There are not many who would need to attend, I'll grant.

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Last edited by Ferocious Aardvark on stardate Jun 26, 3013 11:27 am, edited 48,562,867,458,300,023 times in total:d7dc4b20b2c2dd7b76ac6eac29d5604e_973.gif



Quote: DaveO "In the Hulme case they didn't put forward a different story. They were arguing technicalities which suggests to me they knew he was guilty. '"

Huhne? The main argument run (I summarised them earlier) was that he could not get a fair trial. The court ruled that he could, but whatever the ruling, I disagree that this is a "technicality". Quite the opposite, the question of whether a defendant can get a fair trial is fundamental.

Quote: DaveO " Otherwise why not present evidence of innocence? '"

Apart from that that's not how it works, this was a preliminary stage. We don't know whether or not they always knew he would plead guilty if the preliminary hearing failed. Maybe they did, maybe they didn't.

Quote: DaveO " Regardless of that Hulme was clearly hoping "justice" could be secured if he paid enough to employ a top QC. Legal Aid anyone?'"

That toerag Grayling was just on the other day about trying to stop criminal defendants getting a QC on legal aid. At the moment, in an appropriate case, they can.

Of course there would be no chance of the average man in the street running the case that Huhne did on legal aid, so yes, because he could afford a QC and a top legal team, he got a chance to run an argument in a 12 day hearing that most defendants in his position realistically never would. But unless you make laws restricting freedom of choice of advocate, I'm not sure what could be done about that.

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Quote: Ferocious Aardvark "Total bullsh!!t from you as I now expect.

As was clear, I was stating (and repeat) that the claim of the OP which (to quote it)
"encourage defendants and witnesses to lie in court on a routine basis"

"A better way of phrasing" is absolutely nothing to do with "encouraging to lie" and even a numbskulled dolt like you bloody well knows it.'"



Typical bull from you.

You try to use clever semantics to justify your point when the reality is that there is no REAL difference.

The post you replied too was in relation to a legal situation with a business client.

Privately paying clients want their legal advisor to make sure they win their case. that means that the legal advisors money and future employment is to ensure they are succesful at achieving their aim. That is an incentive ( financial ) to do whatever needs to be done.

If that is not an incentive to do whatever is neccessary to win then nothing is.


A better way of phrasing is usually to use words that are less incriminating, less incriminating means less open, less open means less honest, less honest means manipulating the truth, less truth means lying.

Many legal advisors like to hide behind the semantics but the reality is the role of the legal advisor in an adversarial legal case is to win. Some will win at all costs and do anything that they can.
That means personally discrediting witnessess, " rape victims were asking for it", encouraging a better way of presenting information or in some cases lying.

Do you think Murdochs lawyer did not rehe what to do , did not tell him to use certain words and avoid others or openly tell him to deny an allegation that may be put to him.

Most Lawyers are clever enough to dress up their advice so there can be no comeback on them but the net result is the same.

You are no different to Campbell with his dodgy dossier everyone knows it was a just a cleverer way of telling lies.

You are just a clever obfuscator of the truth and a liar.

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Quote: Durham Giant "A better way of phrasing is usually to use words that are less incriminating, less incriminating means less open, less open means less honest, less honest means manipulating the truth, less truth means lying.'"

Um, no. No it doesn't.

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Quote: Kosh "Um, no. No it doesn't.'"



I accept that BUT IT CAN and it does.

I am just not getting into a semantic arguement.

Legal advisors give advice to clients to ensure the truth does not come out. Whether that equates practically to encouraging to lie which will happen in some cases or developing strategies to prevent the truth coming out which happens in many more cases is irrelevant.

The net result is the same in that courts particularly in an adversarial system often do not lead to the truth coming out or justice being done either for plaintiffs or defendants.

Personally i dont care but i am not naiive enough to believe that the legal profession is in some way some superior moral, regulated, ethical buisness which elevates it higher than any other

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Last edited by Ferocious Aardvark on stardate Jun 26, 3013 11:27 am, edited 48,562,867,458,300,023 times in total:d7dc4b20b2c2dd7b76ac6eac29d5604e_973.gif



Quote: Durham Giant "Typical bull from you.

You try to use clever semantics to justify your point when the reality is that there is no REAL difference. '"


there is EVERY difference, the essential difference is between honestly doing the job you are qualified and paid to do on the one hand, and "encouraging defendants and witnesses to lie in court on a routine basis" which is not at all semantics, but the difference between chalk and bleedin' cheese.

Quote: Durham Giant "Privately paying clients want their legal advisor to make sure they win their case. that means that the legal advisors money and future employment is to ensure they are succesful at achieving their aim. That is an incentive ( financial ) to do whatever needs to be done.

If that is not an incentive to do whatever is neccessary to win then nothing is. '"

Breathtaking. Even if you were right that in all such cases the lawyers "have an incentive" to "do whatever needs to be done" (by which I presume you mean "including breaking the law", correct me if that's wrong) the question surely would be how many are so corrupt and unethical that they would act on that "incentive" and encourage clients and witnesses to lie. Everyone would accept as trite that in the case of lawyers, as in any other occupation, there are rotten apples, of course there are, but that truism is a country mile away from your "routine" slur, which is simply unsupported, jaundiced rubbish.

Quote: Durham Giant "Many legal advisors like to hide behind the semantics but the reality is the role of the legal advisor in an adversarial legal case is to win. '"

Except that of course that is palpable rubbish. the role of the legal advisor is to provide their client with the best possible legal advice that they can. That can be done equally well whether the client wins, or loses.

I know you're blinded by your own self-righteousness, so let me give you a simple example to think about.

Say there were 10 litigated cases. That means 10 lawyers acting for claimants, and 10 lawyers acting for defendants.

Whatever happens, if it is as simple as you suggest, then by definition whatever the result, 10 lawyers will have "won", and 10 lawyers will have "lost". This ratio will remain constant, whether there are 10 cases, or a hundred, or a million. I'd be interested to know how you square that fact with your belief that the role is simply "to win". You need to be less simplistic and understand that there is much, much more to litigation than a simple "win or lose".

Quote: Durham Giant " Some will win at all costs and do anything that they can. '"

As I have said, no-one would dispute the existence of rotten apples. What i am taking issue with is your "routine" remark.

Quote: Durham Giant "That means personally discrediting witnessess, '"

Well, yes. Any lawyer representing any client might reasonably seek to do that. What on earth is the problem with that?
Quote: Durham Giant "" rape victims were asking for it"'"

... would be a pathetic attempt at a defence. Do you have a string of examples of this actually happening routinely? Or any?

Quote: Durham Giant "encouraging a better way of presenting information or in some cases lying. '"

There you go again, you are talking about two entirely different things, one perfectly legitimate, the other clearly wrong and illegal.

Quote: Durham Giant "Do you think Murdochs lawyer did not rehe what to do , did not tell him to use certain words and avoid others or openly tell him to deny an allegation that may be put to him. '"
I have no clue. Maybe he or she did. How is that relevant?

Of course, you could go further and suggest that in your opinion Murdoch's lawyer "routinely encouraged Murdoch and witnesses to lie". Go on, then, I dare you, say it.

Quote: Durham Giant "Most Lawyers are clever enough to dress up their advice so there can be no comeback on them but the net result is the same. '"

Hang on, so what you are now saying, if I understand this correctly, is that lawyers do NOT routinely encourage clients and witnesses to lie, but the clients and witnesses lie anyway, without being told to, as a result of what the lawyer has said to them? So now where we are is that the lawyer does NOT in fact tell ANYONE to lie. But they change their evidence and lie because the lawyer gave the the impression that they should, or what? How TF does it work, in your opinion?

Quote: Durham Giant "You are just a clever obfuscator of the truth and a liar.'"

icon_lol.gif
Can I add that to my CV sig? What an asshole you are. Listen up, asshole, I challenge you to give an example of ONE "lie" that I have told. Then you can talk.

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     Mens Super League XXVIII-R29
17:30
Wigan
v
Leigh
 Sun 6th Oct
     National Rugby League 2024-R31
09:30
Melbourne
v
Penrith
       Championship 2024-R29
15:00
Bradford
v
Featherstone
15:00
York
v
Widnes
       League One 2024-R26
15:00
Keighley
v
Hunslet
     Womens Super League 2024-R16
16:30
York V
v
St.HelensW
 Sun 27th Oct
     Mens Internationals 2024-R2
14:30
England M
v
Samoa M
 Sat 2nd Nov
     Womens Internationals 2024-R2
12:00
ENGLAND W
v
WALES W
     Mens Internationals 2024-R3
14:30
England M
v
Samoa M
ALL SCORES PROVIDED BY RLFANS.COM (SETTINGS)
Matches on TV
Fri 4th Oct
SL
20:00
Hull KR-Warrington
Sat 5th Oct
SL
17:30
Wigan-Leigh
Sun 6th Oct
L1
15:00
Keighley-Hunslet
WSL2024
16:30
York V-St.HelensW
NRL
09:30
Melbourne-Penrith
Sun 27th Oct
MINT2024
14:30
England M-Samoa M
Sat 2nd Nov
MINT2024
14:30
England M-Samoa M
Sun 29th Sep
L1 25 Rochdale26-46Hunslet
CH 28 Barrow24-26Widnes
CH 28 Bradford50-0Swinton
CH 28 Dewsbury28-8Sheffield
CH 28 Wakefield72-6Doncaster
CH 28 Whitehaven23-20Halifax
CH 28 York16-6Featherstone
Sat 28th Sep
CH 28 Toulouse64-16Batley
SL 28 Warrington23-22St.Helens
NRL 30 Penrith26-6Cronulla
Fri 27th Sep
SL 28 Salford6-14Leigh
NRL 30 Melbourne48-18Sydney
This is an inplay table and live positions can change.
Mens Betfred Super League XXVIII ROUND : 1
 PLDFADIFFPTS
Wigan 27 721 336 385 44
Warrington 28 761 341 420 42
Hull KR 27 719 327 392 42
Leigh 28 580 404 176 33
Salford 28 556 561 -5 32
St.Helens 28 618 411 207 30
 
Catalans 27 475 427 48 30
Leeds 27 530 488 42 28
Huddersfield 27 468 658 -190 20
Castleford 27 425 735 -310 15
Hull FC 27 328 894 -566 6
LondonB 27 317 916 -599 6
This is an inplay table and live positions can change.
Betfred Championship 2024 ROUND : 1
 PLDFADIFFPTS
Wakefield 26 1010 262 748 50
Toulouse 25 744 368 376 35
Bradford 26 678 387 291 34
York 27 655 469 186 30
Widnes 26 551 475 76 29
Featherstone 26 622 500 122 28
 
Sheffield 26 626 526 100 28
Doncaster 26 498 619 -121 25
Halifax 26 509 650 -141 22
Batley 26 422 591 -169 22
Barrow 25 442 720 -278 19
Swinton 27 474 670 -196 18
Whitehaven 25 437 826 -389 18
Dewsbury 27 348 879 -531 4
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