AWARENESS TRAINING FOR VICTIMS OF LEGAL ABUSE!

Citizens' Justice Institute founder David Grossack wrote an article titled, "Awareness Training for Victims of Legal and Government Abuse." It received a lot of positive feedback, with many people connecting to his words and feeling as though they rang true in their own struggles. See what the pro se fight is all about by reading this passionate article:


http://www.newswithviews.com/guest_opinion/guest70.htm

UPCOMING ARTICLE ON CITIZENS' JUSTICE INSTITUTE

I have written a feature article on the Citizens' Justice Institute and all that it accomplishes! Below is a tease of the whole thing. It will either be published online some point soon or hopefully accepted by a newspaper or magazine - I'm sending it out to editors now! Let me know what you think/if you're interested in reading it!

"Without Justice, There's Just Us"

One man dared to challenge a judge; another took on his arresting officer, and, much worse, his ex-wife. Both had success in the courtroom. What is more amazing is that these ordinary people with no legal training handled these lawsuits by themselves, which is known as pro se (Latin for ‘oneself’) representation. Few people are aware of how successful pro se litigants can be, and fewer still know how to go about trying it. For people who lack the finances to hire a lawyer, or for people who have had bad experiences with relying on lawyers in the past, pro se representation can be the solution – and one organization is out to encourage and help these struggling litigants.

How To Keep an Eye on Your Local Government Officials

David Grossack, founder of the Citizens' Justice Institute (citizensjustice.com) is a great writer on pro se concepts, and often speaks more generally about what average citizens can do to monitor and stand up against local government leaders .

Below is an analysis of many of the problems found in municipal governments, and what we as non-lawyers can do to fight back legally.

HOW MUNICIPAL GOVERNMENTS TURN INTO RACKETS

BY ATTORNEY DAVID GROSSACK

Why do city and town governments exist ?

If you have ever given this question some thought, the chances are you figured that they exist to serve us. That’s why we call those town officials "public servants." It’s because they serve the people, right? They clearly work for town government because they are altruists, wanting to do what is best for everybody, regardless of their own self interest, of course.. They might be fancied by some, or even themselves , as "patriots," in the line of the Founding Fathers. After all, somebody must pave the roads, arrest the drunk drivers, put out the fires and make sure the kids get an education. It is all in a day’s work for these selfless dedicated and helpful town officials, who usually provide mediocre service for excellent pay.

Myths sometime die hard. Municipal governments in America are today more often than not nests of crime clubs where bribery, extortion, nepotism and sleaze are ways of life. Whistleblowers can be framed for crimes they did not commit, or even come to experience foul play. Dissidents are carefully watched by the police, and may wind up in hot water for mere expressions of opinion.

Governments are in essence businesses where large sums of money pass through every day, where licenses and permits are sought, where unwarranted criminal prosecutions often originate and where suspicious contracts and purchase orders are awarded. The temptation to steal, to promote graft or to build corrupt little empires is pandemic. Those who seek political position in municipal government often do so for the basest of motives. Others become enchanted with the concept of power, and become corrupted by its taste. Organized criminal networks flourish in the environment of municipal government, and often the line between criminal and town hall employee or official is blurred.

Maywood, California is a good example of a community that reflects the character of a small town municipal government racketeering network. Media accounts report that one third of the 37 officers of the Maywood Police Department have criminal records or other blemishes on their records.

According to the April 2, 2007 issue of the Oakland Tribune, the Maywood Police Department is now under investigation for accepting bribes from the owner of a local towing company. The inquiry includes officials of city government as well.

Another policeman is accused of extorting sex from the relatives of a wanted criminal.

In Kandleton, Illinois, the police commissioner ordered his force to collect all traffic citations in cash. The cash went to the Commissioner who simply pocketed it. The commissioner was sentenced to 62 months by a federal judge.

South Hackensack, New Jersey’s police corruption was so severe, the community’s 17 member police department was actually locked out of Town Hall, and the local prosecutor’s office actually took control of the department. An investigation was begun of improper favors handed out to suspects. Drug offenses, parking tickets, drunk driving cases and the like were simply ignored for people with the right clout.

Several of the officers wound up being exposed for improper ties to a local bookmaker.

This, however, is amateur stuff. The real professional municipal racketeers have a deeper stranglehold on the entire apparatus of the town government. Take, for example, the folks who ran Lonoke, Arkansas. The Town’s mayor, police chief and police chief’s wife have been recently arrested. The charges included operating a crystal meth lab, taking prisoners out of jail, and using them for sexual escapades.

The power held by politicians and their lackeys often includes control over licenses and permits for everything from pinball machines and massage parlors to liquor licenses and building permits. The power to say no is also the power to say yes. This power is a commodity that can be sold, traded or bought.

The power to award purchasing contracts, municipal works contracts, the right to collect overdue parking tickets or taxes, and the power to hire employees all can bring money to a crooked bureaucrat.

The lawyers involved in the municipal rackets are the worst vermin. One rumor circulated about a lawyer who was defense counsel for a small East coast town who had to defend cases for personal injury and property damage. He allegedly had a deal going with the lawyers who represented the victims. He would make sure the victims got larger than usual settlements as long as cash was given back to him.

There is no end to it. In every tiny hamlet from Maui to Maine, the same stuff goes on and never stops. In small towns and huge cities, the worst part of human nature prevails when political power is placed in the wrong hands.

In the author’s hometown of Hull, Massachusetts, salaries of municipal employees are often several times that of the average taxpayer. Town employees vote themselves raises at town meeting, and become the new bourgoise while others cannot afford to pay property taxes and must sell or face foreclosure.

What is the answer ?

Downsizing government gives them less to steal and less power to abuse. Moreover, perhaps a privatization process will put the authority in the hands of those with a different orientation, pleasing the customer, making a profit to please shareholders and saving the customers money and aggravation. While privatization is not a panacea, it might be a step forward.

Making politicians fearful of the citizenry, instead of contemptuous, is necessary.. Citizens who are vigilant and involved rather than apathetic can be a strong antidote to politics as usual. Informed citizens who carefully watch their government are the front line of defense of

the integrity of the community.

But letter writing and participating in elections won’t be enough. Town incumbents are often impossible to replace because they have political machines who often consist of other corrupt people, and there are legions of them.. Letters to the Editor won’t accomplish much by themselves, though they do raise issues and often do get read.

Without breaking the law, municipal activists need to select the issues that matter most and launch a campaign to embarrass and humiliate the people most responsible. Personal attacks often work. If somebody is guilty of nepotism, identify him. If there is blatant corruption, name them, but be sure the evidence is solid and documented.

Picketing is extremely important, as is community access cable television, the Internet, and poster campaigns.

Small town crooks and bullies need lessons in humility. Give it to them.

How to Help Fight for Justice

The following was written by pro se and legal reform advocate Attorney David Grossack, letting people like you know what you can do to help the cause. Please visit his organization's website, the Citizen's Justice Institute , for more information.

THE TIP OF THE ICEBERG IN NORTH CAROLINA:

WHAT YOU YOU CAN DO NOW (WITHOUT SPENDING MONEY)

TO KEEP THE PRESSURE ON BAD LAWYERS AND BAD JUDGES

By David Grossack

Decent people everywhere took genuine satisfaction at the irony of the televised bar proceedings involving disgraced Democratic prosecutor Michael Nifong recently.. Here was the prosecutor being prosecuted. Here was the inversion of justice, the purported defender of truth, justice and the American way being exposed as a purveyor of lies, injustice and subversion of constitutional right, and better yet, he is being made to pay for it.

Regrettably, Mr.Nifong is not a rare creature. From coast to coast, America is plagued with the twin epidemics of legal and government abuse. Defining legal and government abuse is a task I will assume right now.

Legal abuse occurs when lawyers, their clients, and/or court officials and judges use and manipulate the court system to deliberately and maliciously perpetuate an injustice.

Government abuse occurs when politicians, police or bureaucrats use and manipulate their authority for the purpose of achieving an illegitimate goal.

Legal and government abuse often occurs for obvious reasons. Governments often do mischief through legal process, and government is the largest employer of lawyers.

The examples of these varieties of bad behavior are so frequent and so many it would fill several encyclopedias.

America experienced it in Brooklyn, New York recently when several judges and lawyers were caught on tape fixing divorce cases. The story made the New York media, but not the national media.

The story should have made people realize that if this kind of conduct occurs in Brooklyn, it can occur in Portland, Maine, Seattle, Washington or anywhere else, including here.

Similarly, if a prosecutor is suppressing evidence favorable to the defense in North Carolina, then a prosecutor here might be capable of the same kind of thing. Because sequestering evidence is done in secret, no doubt a lot instances of it go on all the time and nobody learns about it.

How many people are in jail because their families could not afford million dollar legal defense teams with state of the art private detectives the way the Duke kids’ families did ?

Isolated incident ?

How many people know that in the aftermath of the massacre of the Branch Davidian church community in Waco, Texas by the ATF, a United States Assistant Attorney was indicted for obstruction of justice, lying to a grand jury and lying to federal investigators in the course of a review of the incident Few know, because the media pretty much ignored the story.

The litany goes on and on. Last year one Arthur Scott, Jr., a Housing Court judge in Manhattan, was detected accepting $14,000.00 in bribes to fix landlord tenant cases. The kind of impact this kind of incident makes on the public is devastating. Respect for the law and respect for the legal system is diminished and society as a whole pays the price

In Chicago, a case fixing epidemic led to the ends of the careers of several judges in the nineteen nineties.

Every time a judge accepts bribe or a prosecutor violates the canons of ethics, it means that somebody else is being deprived of fair treatment in a case.

But the really serious epidemic is probably not one of bribery. It is one of entrenched power protecting other entrenched interests, creating a wall between the ordinary people on one side and local power elites on the other who rule the roost in police departments, bar associations and the Courthouse. In these situations where favorites are played all the time, outsiders lose because they are outsiders and insiders win because they are insiders, because they are local elites or connected with local elites, or at least the power structure of police, prosecutors, insurance companies’ local counsel, other corporate interests and government interests. It is almost always rigged against the little people.

Years ago the author was in the business of conducting training programs for unrepresented people with legal problems. We did a national outreach, publishing training manuals and a newsletter, and conducted seminars in which we taught legal skills to pro-se litigants.

Word traveled to just about every corner of the country of what we were doing and we were besieged by letters from people in small rural towns who told of sheriffs, lawyers and town officials harassing, extorting, framing, even sexually assaulting them.

We got letters from people whose lawyers had taken their money and done little or nothing, who had missed deadlines, had not communicated with them, had serious conflicts of interest or who had engaged in terrible overreaching by means of fee gouging. There were too many of these stories not to take the problem seriously.

We contacted Congressman James Sensenbrenner and asked his House Judiciary Committee to consider holding hearings on legal abuse in the United States. No letters or phone calls were ever returned. We picketed Sensenbrenner’s office out of frustration. It was especially distressing that Congressman Sensenbrenner was a fellow Republican.

Rather than being part of the problem, every Republican legislator should be anxious to be part of the solution. This is in fact an opportunity not only to stand up for the constitutional rights of constituents, but also to demonstrate to the voting public that we care about this extremely urgent and serious crisis.

There is a very clear way the Republican party can now take the initiative to deal with legal abuse on a national basis. This would be at the state legislative level, where 50 House Judiciary Committees have the ability to hold hearings and exercise subpoena powers. The legislature can hold hearings on the reasons why there is public dissatisfaction with lawyers and the legal system, and to determine what, if anything, can be done to improve the situation.

People who care about this extremely critical issue can write to their state legislators and suggest "Perhaps it would be a good idea to hold hearings to determine if the public is well served by the state of conditions in the courts and the quality of justice offered by the legal profession." No such hearings have ever been held in the history of America. I for one would like to testify, and I am sure many others among my readers also would.

Similarly, more pressure should be applied on the national level, in Congress, at the House

Judiciary Committee where they first dropped the ball to hold hearings on the same subject.

Lack of confidence in lawyers and the courts has far reaching social and economic consequences, including on the willingness of companies to invest and to create new products and jobs. If people believe their contracts will not be enforced honestly, if their rights as litigants in court will not be respected, they will not risk capital in business, and everybody in the community suffers, because jobs are lost, businesses close and the "ripple effect" can badly injure the economy. This already is happening in many other countries where foreign investors stay away because of legal corruption or inefficient courts.

The vigilance of an informed public is needed. The country is already spiraling downwards in so many other ways. If we ever lose the legal system, we lose everything.

The Anti-Lawyer Revolution

The following essay by Attorney David Grossack, who helps and encourages pro se litigants through his Citizens' Justice Institute, really expresses the feelings of many in the pro se movement.

The Anti Lawyer Revolution

by Attorney David Grossack

A movement has been gradually emerging and spreading across America. It is born of frustration, despair and anger. It exists in the tiniest little hamlets on the Hawaiian islands to the islands off of Maine, and is found in every city and town in between.

I

Call it the Anti-Lawyer Revolution and I know it intimately. As a lawyer who has coached pro-se litigants since his days in law school, I have been listening to grievances about my profession for over 20 years. I rarely thought about one of my own grievances.

As a child burned in a boating accident at age 8, I was about to enter college when the case settled nine years later. My brilliant and aggressive lawyer got me a settlement of about $1,100. after he took his cut. We did not consider it a big deal then one way or another then. Now I recognize it as lawyer sloth.

I still remember the excruciating pain when my doctor took a scissors and literally cut burnt flesh off my foot. I missed summer camp that year and had to put a plastic bag over my left foot when I went swimming that season. I had a scar for at least 7 or 8 years, and slight discoloration still remains there. I guess my lawyer really did not have his heart in my case. I never met him until after the case was over. His far left Democratic party connections were strong, though, and in the last three decades of his life he has been known as "Your Honor."

I sincerely hope I do not share too much in the flaws that Americans invariably attribute to lawyers they don't like.

Lawyers are said to make promises they don't keep. "I'll get you a million dollars for that sour orange juice you drank!"Lawyers are said to not return phone calls for days. Not an enjoyable experience.

Lawyers are said to overcharge, to make deals behind their clients back and to be lazy, incompetent and timid. Without equivocation, these traits are found in some lawyers.

Every year, lawyers are suspended from practice for lying under oath, misappropriation of client funds, fraud and occasionally even crimes of violence. The profession often does police itself when it comes to serious, provable offenses. But much of the evil that some lawyers do is not traceable.

Conversations held in secret, deals made in distress because one lawyer has missed a deadline, betrayal of client confidences, lying to cover up mistakes, inventing evidence, promotion of perjury, bribing witnesses...it happens from time to time.

American dissatisfaction with lawyers is creating a political sub-culture that has spilled over into mainstream politics. Republicans probably would not have railed against John Edwards as a "trial lawyer" in 2004 unless their pollsters told them it would sell.

The deeper cause Americans have to be dissatisfied with lawyers is the participation of large numbers of the profession in an economy that has been overregulated by lawyers in the bureaucracies and legislatures .The System enforces over eight million laws at the state, county, federal and municipal level that have been written by lawyers, prosecuted by lawyers, judged by lawyers and whose existence benefits lawyers. A ten-thousand page tax code, a several inches thick volume of securities regulations that make it unaffordable for most entrepreneurs to ever legally sell a share of stock to an investor, land use laws, laws about milk and eggs, laws about mattress stuffing, laws about paint disposal, and laws about trucks. You name it, lawyers regulate it and cash in on the regulation, whether it is getting paid to write the law, getting paid to judge the case, getting paid by a client to interpret the law, or getting paid to enforce the law. A society so regulated now spends forty percent of its gross national product on government. No wonder the Chinese are clobbering us.

Some Americans are quite determined to fight back, seeing lawyers as an unelected privileged elite.

In Kenosha, Wisconsin, a new political movement has been born which articulates the growing resentment. The group calls itself the Anti-Lawyer Party and has a very distinct theme. "Don't Vote For Lawyers !" The party's on line brochure describes lawyers as "the unconstitutional ruling class" and says the profession is "totally crooked."

Musician and writer Barry Weinstein, a student of pro-se litigation methods and a veteran of a still simmering domestic relations battle that has spilled over into a federal civil rights suit, would agree.

Mr. Weinstein in 2004 filed a lawsuit against John Kerry and John Edwards in a New Jersey state court under the constitution of that state. Weinstein tried arguing that under separation of powers doctrines, lawyers, as officers of the court are members of the judiciary and hence barred from serving in the Executive Branch. Weinstein's efforts to bar Kerry and Edwards from the New Jersey ballot did not succeed. Lawyers from the campaign showed up to oppose his suit, convincing the judge that it was a federal matter.

But Mr. Weinstein's antipathy to lawyers as government executives is shared by activists in other states.

In March of 2000 the University of Connecticut took a poll which discovered that Americans have a strong distrust of the legal system, including not only defense attorneys but also police and judges.

Of particular interest is a belief by 51% of those surveyed who believe that judges favor the wealthy. Noted Dick De Gorin, a Texas defense lawyer "The public believes that justice is for sale."

But the very role of lawyers in the hassles of one's life heightens their unpopularity.

When you are named as a lawsuit defendant, usually there is a lawyer on the other side doing it to you.

If you are foreclosed on or evicted, usually a lawyer is going to be the most visible adversary.

If you are prosecuted for a crime, a lawyer is doing it to you.

And when you need justice, you must pay a lawyer. If you lose, the bearer of bad news is a lawyer.

People want other ways of coping with problems than lawyers. Do it yourself will and trust software kits are big sellers at Staples and Comp USA. Legal self help sites like the author's own citizensjustice.com abound.

And the majority of visitors to many courts are unrepresented litigants. Being your own lawyer in anything beyond a small claims case requires some reading and study, and can be very complicated.

But dependency on lawyers can bring disaster if the wrong lawyer is selected. As in any business, the legal profession has its share of flakes, substance abusers, crooks and layabouts who take a lot of money and deliver little.

But it also has dedicated, hard working, sincere advocates who can be the best allies you'll ever have. As disappointed as the public is with the profession, the public appreciates the work of skilled advocates like Gerry Spence and F. Lee Bailey who anyone would want as their lawyer.

There is no solution to this problem. As long as there exist courts, with complex rules and complex laws, people will need advocates. But it is the responsibility of concerned and responsible citizens to monitor abuses in the system and to strongly demand changes when our system of justice is not delivering.

The most important step would be to make all laws and procedures so user friendly that lawyers would be superfluous. But to get to that point, we'd have to overcome the lawyer lobby.

The closest analogy is when accountants came to Washington to lobby against changing the income tax to a national sales tax.

But sooner or later the laws will change. The frustration and anger the public feels towards the legal profession is too strong for the status quo to remain.

The author is General Counsel of the National Writers Syndicate and author of the book How To Win A Lawsuit Without Hiring A Lawyer. His website at citizensjustice.com is a resource for pro se litigants. Mr. Grossack is founder of the Citizens Justice Institute.

Pro Se Litigants Have AN ADVANTAGE?

At this website, one Appellate Court Justice actually argued that a pro se litigant won because he had an unfair advantage! On this website, which is run by lawyers, that is viewed at as a negative - but successful pro se litigants know this is a positive! It chips credibility away from the argument that pro se litigation is a choice not in the best interest of the litigant - it may be the best option in some cases!

Click to read!

SUCCESS STORY

For people doubting that they can win a lawsuit without a lawyer, read this story. This man won against a HEALTH INSURANCE COMPANY! Pretty impressive! Pro se litigation can help you be successful even against corporations from powerful industries with supposedly unbeatable lawyers on their side!

Success!

Upcoming Interviews

Coming next to Fighting Injustice Pro Se: An interview with an actual pro se practitioner! He has won multiple lawsuits and defended himself in criminal complains using pro se litigation! Will be up ASAP - don't miss a great read!

Also, an interview with another person who has used pro se law and his feelings about why people should consider it and in what situations!