HIRING A DOCUMENT EXAMINER/HANDWRITING EXPERT-ATTORNEY- EXPERT RELATIONSHIP

You have finally made a decision to hire a document examiner/handwriting expert. Hopefully, it is not a week before the trial, though I do understand, perhaps better than most that true emergencies can come up, like when my client and friend a former DA in Philadelphia, calls at 11PM on a Sunday night for a trial the next morning when a petition suddenly shows up that must be challenged.

When your office is at home, and attorneys get to know that, you learn to expect those things, but you have to be a pretty close friend to even think about getting away with calling me at 11pm on a Sunday night.  Otherwise, I will just tell you to take a tranquilizer and call me in the morning and I won’t even send you a bill for the advice.

 Well now as Steve Allen used to say: “All seriousness aside, let’s talk”

Generally speaking, experts do NOT like being called at the last minute. For me, last minute is anything less than two weeks prior to the time an opinion, albeit even a preliminary, is needed. Don’t even think about it if its a trial less than two weeks before the date of trial. This does NOT send a good message to your potential expert and will likely have him running in the other direction.

The reasons should be quite obvious. As I have tried to convey in my previous post, authenticating a signature or handwritten document can be quite complex depending on the case, Although I can appreciate the fact that an attorney, who on average, research shows, only uses a document examiner once every fifteen years,   may not fully understand exactly what is needed to render an opinion that can be defended in court and, in fact, may have a simplified view of what is required.  Attorneys need to give the expert sufficient time to collect said information that the scientific authority and case law require-otherwise, the whole exercise is a collosal waste of time and money and what’s the point? Nothing is solved and both the attorney and expert risk looking very bad to the judge for not being properly prepared and the judge may harbor an unconscious bias, thinking in his or her mind that the reason the attorney waited to the last minute is that he/she wanted to “slip something by”them. Maybe just maybe, the judge won’t have the time to look at things too closely if the attorney”s signature issue is really crap and his last minute ploy is merely a ploy to delay things, hoping it may somehow favor the client’s case by stonewalling. Maybe the plaintiff is right, the client’s  signature really IS a forgery. Why would an attorney want to pay an expert to tell them something they already suspect might be true–at least not pay them a lot of money anyway-hence the recent proliferation of cheap experts willing to say anything for a buck just so that your opposing counsel can cause further delay and expense to your client and who knows maybe even make them throw in the towel and go away. Litigatin IS getting VERY  expensive these days and the truth can sometimes suffer for that. Standing on principle it seems is getting to be a lost art.

 This is why I take great pains to not allow myself to get involved in any of these dubious situations. Like I said, there sometimes ARE true emergencies, but like the sign I saw on a fellow expert’s desk says: “Poor planning on your part does not constitute an emergency on my part”. I will take an emergency for someone I know or have worked for before, but let’s face it, it is NOT a good sign for an expert when he or she gets those last minute frantic phone calls. It usually indicates to me that the attorney doesn’t want to pay unless they absolutely have to and even then, not pay too much or on the alternative are not well prepared. To an expert, either scenario is not good. It is hard to immagine someone being so poorly prepared that they didn’t know they had a trial in a week But hey, what do I now do with the cases I am working on for attorneys who did NOT wait until the last minute?  Is it fair to them?

So the bottom line is that generally experts should avoid what my wife calls “Last Minute Louies” unless of course you like headaches and stress and chasing after lawyers for money-good luck on that.

So now back to “working with your document examin/handwriting expert” FINALLY.

Again, it is not my purpose to train anyone in document examination but instead what to do to get the most out of the attorney/expert relationship. Nor is it my job to quote the pertinent laws that relate to questioned documents in general and to this case in particular. It is a partnership, but not an equal partnership. At all  times, it must be remembered, the attorney is the manager of his or her case and the expert must comply, as long as it does not violate any legal or ethical tenet whether it be the experts Code of Ethics or the attorney’s, notwithstanding “last minute Louie” The attorney should also have SOME rudimentary knowledge of the field such as one might find in my soon to be published book to give them SOME parameters of what the expert might need.

 The expert must rely on counsel’s advice about the relavent law pertaining to the case and must comply. Likewise the attorney must comply with the scientific principles of the field that the expert must rely on and will be impeached for if not compliant.

In one sense, it is really quite simple for the expert. If the scientific authority says you do X then you do X. and you request that counsel do everything in his or her power to assist you  comply with the scientific authorites and not try to manipulate things to save time or money. For example, the issue of exemplars often comes up Ie the known samples the expert must rely on to determine the writing habbits of the person who signature or writing is in dispute  DURING THE   TIME PERIOD of the disputed document. The authorities on this subject are quite clear as to what is reqired-how many, when, what type, etc. Ignorance or laziness to obtain proper samples on the part of counsel when the expert can not obtain them on their own(such as when a subpoena is required) is no excuse. The information is there in publics records, if necessary, which, thanks to the net are now much easier to obtain. Being told: “This is all I have” will only get you a preliminary opinion from me which will be useless in court. This is also true for any other information that may impact the analysis which your expert will be glad to provide in numbing detail. If the authority and thus the expert require it, it MUST be obtained. Experts who do not insist that their client/counsel provide the required material or information set themselves up for possible impeachment and even malpractice, an ever increasing tort in litigation now.  And they only have themselves to blame. If counsel does not or can not comply with proper scientific authority, the answer is simple and clear-NO FINAL REPORT WILL BE ISSUED BY THE EXPERT -PERIOD!!!! I provide a detailed list of what is required and it must be signed and returned with the required information. In my cases, it is not possible to proceed unless all the required information is provided, but it seems there are some experts and attorneys who are willing to play “Russion Roulette” as one attorney/client told me, by not doing what is required for the sake of experdiency and hoping things work out OK.

As experts, we are not in the business of taking short cuts to please counsel and thus put ourselves at risk. And counsel should not be in the business of taking short cuts lest they lose the case and incurr the rath of a client or possibly worse. It used to be that it was hard to find a lawyer who would sue another lawyer-not anymore. The relationship between the expert and his or her client/attorney should be one of mutual respect and cooporation to reach a common goal–justice for the client. It will not work otherwise.  The expert must allow counsel to do his job and not interfere and counsel must allow his expert to do his job and not impede. The right thing must ALWAYS be done to insure the best result. And let’s not forget, you don’t want to antagonize your expert by not paying their bill or resisting their advice or you will quickly lose them then have to start all over with another expert-if you can find one willing to take over.

Let’s face it, I, as an experienced and knowledgable expert do not want to be associated with experts who do not share my standards. Of course, we are not talking about students and trainees here. We are talking about experienced experts who KNOW or are supposed to know what their job is and how to do it. It often amazes me how highly little highly credentialed experts know about their field. I once had a case where an experienced government expert answered “I don’t know” twelve times in a row to basic skill questions about handwriting, prompting the judge to turn and ask: “Well, sir, just what do you know?”  There went any credability he had, highly credentialed or not. And please as an expert, DO NOT advocate for your attorney or client or there goes your credibility. You can defend your opinion when it comes under attack, as it most certainly will on cross, as Albert Osborn, one of the accepted authorities in the field says you must. But there is a BIG difference between advocating for you attorney/client and defending what you believe to be the correct conclusion.

Lawyers are no different than experts.. A good and honest lawyer does not want to be associated with anyone whose standards are less than his or hers. That not only includes integrity, but work ethic as well. What would be the point? If you win a case dishonestly, what have you won except “bad karma” as they say? You have to look yourself in the mirror. You have to look in the eyes of your kids and tell them to be honest and hard working if they are to acheive in life. There is NO exception here. We all KNOW that, so why argue the point. Why shade the truth thinking no one will know. YOU  will know. God will know. There will ALWAYS be a pay back for anyone who does not to follow what their heart tells them IS the right thing to do even if the pay back is feeling guilty and ashamed, which has been shown to have a bad effect on your health. As one young lawyer once told me: “I try not to piss off highly qualified and experienced experts. You never know when you might need them again”. By the same token, the attorney must always remember that it is really the client who has the ultimate say and who must be pleased with the effort in the end by both the attorney and the expert.  Clients should not be left in the dark about anything and should be informed each step of the way.

Like President Truman said when the politicians were telling him what they thought he should do as he pounded his fist on the table: “DAMN IT,  WHY DON’T WE JUST TELL THEM THE TRUTH!!!”  That did not win him many friends in Washington, but he covered that to: “If you want a friend in Washington”, he said, “get a dog.

I have one, my Golden Retriever Gracie(who is on YouTube by the way)

A truer friend you would never want. She never complains as long as the biscuits are nearby and finds the greatest joy in the simplest things in life, like a walk in the park. There is a powerful lesson there somewhere.

 

 

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A WISE YOUNG LAWYER ONCE TOLD ME YEARS AGO: “I TRY NOT TO ANGER HIGHLY QUALIFIED EXPERTS. YOU NEVER KNOW WHEN YOU MIGHT NEED THEM. IS THAT TRUE TODAY?

I have been an expert for over 40 years having appeared in court over 500 time since my first testimony on January 13, 1976 for David P Brown III, a truly fine lawyer. I wish I could say I have encountered a better lawyer, though there have been many just as good. But lately they seem few and far between.

As I think is true w/many segments of the business community today. It seems that the thrust seems to be minimum effort, maximum gain, which is one reason, at this stage of my career I am pretty much only taking cases from prior clients or referrals from prior clients whom I feel I can trust

I am trying to focus on finishing the fours book I have started to write, in some cases years ago so therefore, cutting down on my work load. The problem is, there are few Handwriting Experts around who can match my experience, background and knowledge, which I have gained through GREAT effort on my part.

The problem as I see them are basically three fold. 1-There is little incentive for SOME attorneys working on contingency to spend money for a highly qualified expert like myself because it means less money for them and since 95% of cases settle anyway, many clients are pleased to get a settlement even if it is for an amount that could have been much higher with a little more effort from counsel. The client doesn’t know that, however.

2-Because many lawyers don’t want to spend the money unless there is an excellent chance of recovery of a large settlement, they are allowing the clients to contact the expert directly-a MAJOR mistake since those conversations may NOT be confidential and clients are eager to “argue” the validity of their case for which the expert can be questioned and an inference drawn by opposing counsel the opinion is not objective and thus tainted. Even though many clients ARE honest and DON’T try to influence my opinion, that will not stop opposing counsel from trying and if it is in front of a jury, no one really knows what jurors are thinking. There is the perception that if one side gets an expert, the other side will get their expert to reach an opposite conclusion. The sad thng is that there are many dishonest and incompetent experts who are willing to do that for the right price hoping they will not be thoroughly cross examined which often doesn’t happen. What happens instead is the client of that expert is forced to settle for a much lower amount in their settlement, though it is doubtful their attorney will admit that

3-MANY injustices occur because the amount of time needed by the attorney to prove the case is just too cost prohibitive and surely opposing counsel sensing that will do everythng in their power to delay the matter if they feel there is a chance they can lose, but sense the attorney just doesn’t want to put out the necessary effort.

Then there are the countless number of valid cases that never see the light of day because there is no money available to prosecute them, Community Legal Services Aside. Such attorney, though they mean well, just don’t have the knowledge and experience to prevail unless the case is “Open and shut”

The bottom line of all this is that even in ever increasing numbers this is not just a problem of the “poor” but the middle class as well. Vast numbers of people NEVER see the inside of a court room nad I have not seen a great hue and cry over that. Which is SAD.

If you are wealthy, you can ANYTHING  you want and I don’t see a lot of judges protesting too loudly about that and in fact have even encountered judges who don’t want the poor or middle class in their court room.

If anyone can offer solutions to these problems, I would certainly be open to them. I don’t think the media cares about this. After all, if they let hundreds of children die of the flu, when it was cured in 1959 in one day w/IV Vitamin C by Dr. Klenner, why should they care about this

But please feel to write about this and PLEASE  pass this along

 

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HEY BABY-ITS WWW.BOOK BABY.COM THEY WILL HELP YOU GET YOUR BOOK TO MARKET BUT YOU HAVE TO FINISH IT FIRST

I have been a writer ever since I saw the episode on “Leave it to Beaver” where he began keeping a diary. I was 12 at the time and I am 68 now and have been keeping diaries and journals ever since(maybe). When you keep a diary or journal it is supposed to be an every day thing-right? Well one of the things that stoped me dead in my tracks was when my wife started to read them.

Now mind you, I wasn’t hiding any secret affairs and most of what I have written, I have discussed with her many times BUT!!! You don’t keep diaries and journals for other people to read. You write them for YOURSELF. If you choose to share parts of them say for a book, that is entirely up to you. It is your choice, but your whole state of mind changes about your writing when you think there is even the slightest possibility someone else may read in. Inthe famous “Beaver” episode, the parents read his diary when he did not come home to find out where he might be. Beaver was devastated and the parents apologized, but the damage ws done-just like my wife reading my diaries. Fortunately we have gooten past that and she KNOWS  that is  a MAJOR NO NO. But I still have not resumed daily writing in my diaries. Most of my writing today is on Facebook-quite a different genre to be sur, though I can be pretty candid about my life,especially my recent penile cancer were I had to have my penis removed. Why do I share such an intimate detail about myself-very simple TO SAVE LIVES. Men who are not circumcised have a much higher risk of getting penile cancer and 30% of them die from it because the AMA and FDA haven’t informed anybody how easy it is to cure. In fact almost ALL cancers are easy to cure, but tht is another story.

So now I will try AGAIN to write a weekly blog and since this IS my business we site, I will try to restrict my blogs to anything in the legal profession and believed me there are tons of fodder as we see on the nightly news every night and as usual, I am always open to suggestion.

One of the problems I encoutered and wrote about when I first started my blog was I was getting THOUSANDS of hits, only to realize that the parasites were attaching themselves to my blog so THEY they will get noticed. So if you write, PLEASE be somewhat re;event. I AM a great believer in Freedom of Speech, but this blog is about the legal profession. I don’t want to be getting emails from auto mechanics talking about cars et al

So please feel from to write and if I think you are being a jerk, I will tell you then block you. But if you have something relevant please share.

My latest absurdity is the women who got her cell phone stuck in her vagina and got $1.8 Million in damages. What exactly was her loss?Did it permanently damage her vagina so she could not enjoy sex anymore? Giw di you actually PROVE that. I suppose she has to have sex with many men to find out

But in any case, if you have heard of or been involved in any similar such absurdity when it come to the law, lawyers and judges, tell us about it. I often wonder about judges who even allow thee cases to proceed.

So, bye for now

Robert J.  Phillips-Bob

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PLAYING RUSSIAN ROULETTE WITH YOUR CASE-DO NOT ALLOW CLIENT TO HIRE THEIR OWN EXPERT

Leading lawyers take TOTAL command of their cases if they expect to win. This is ESPECIALLY true when experts are needed. This is true for a number of reasons:

1-Most experienced lawyers have used experts in the past and usually have a relationship       with most expert leading experts in various fields because they have used them before         and won cases with them

2-If they don’t know of or have used an expert, they usually ask colleagues which experts        THEY have used successfully in the past

3-A top and competent lawyer does not want to leave such an important aspect of their           case  to chance  as large amounts of money might be at stake

4-With the internet today, it is very easy to research the background of the expert and              choose one that is highly recommended and has had a number of recommendations              from other lawyers and favorable comments from judges.

5-Conversations between an attorney and expert are confidential, maybe not between a client and expert.

6-Unknown to the lawyer, the client may have said or done something to influence the            expert to taint their opinion only to have that exposed at trial with devastating                       consequences

However, I have observed an alarming trend today where clients are contacting experts directly, either without the knowledge or approval of the attorney or with the recommendation of the lawyer to find their own expert because the attorney doesn’t want to pay for the expert.

As alluded to above, this can have devastating consequences for the case. Clients know nothing of the experts except what they read and are not as adept at uncovering damaging information which could greatly affect the outcome of the case.

Their decisions to hire are largely based on fee as they view all exerts as the same.

An example of how this can be a total catastrophe  for a client not researching the background of their expert was a case I testified in recently where the defendant hired an expert against whom 7 previous judges found them not credible. The end result was that the defendant had to pay the plaintiff $300,ooo.00 plus interest because the court did not believe the testimony of the defendant’s expert.

A very disturbing thought does come to mind though, a scenario all too common unfortunately where wealthy litigants and companies are involved and the plaintiff has a lawyer working on contingency and that is that the defendant KNEW the truth in the case and hired a cheaper expert just to force their poorer opponent to hire a quality expert and drag the case out hoping for a more favorable settlement.

Many plaintiff attorneys working on contingency unfortunately, since they won’t be paid until the end of the case emphasize the defendants defenses to force their client to settle, especially if they thing their is the slightest chance they could lose. Many plaintiff law firms will not take cases at all for that reason. I have had a number of cases of my own where there was NO defense to the claim yet my own lawyer bombed me with “what if” questions. The bottom line with many plaintiff firms is minimum effort, maximum gain unless the case is a slam dunk, in which case plaintiff lawyers line up to take the cse.

The sad thing is that there are probably thousands of legitimate cases that never get justice because some attorney has decided it would take too much effort to prove them.

This means that only the wealthy get justice and you see the court dockets clogged every day with trivial matters brought by the wealthy who have plenty of money to hire top “hired guns”.

But most cases are brought by poor clients and attorney;s simple don’t want to hiire quality experts and leave it to the client’s who most often make poor choices when hiring experts because they are cheaper when in fact, hiring the expert is the job of the attorney.

The bottom line is that an attorney is playing “Russian Roulette” with their case when they allow a client to hire an expert directly because they have no clue what is going on and I am finding that is simply a cheap, lazy lawyer who allows that to happen. In a recent case, a poor client took $16000 out of his life savings to pay the lawyer so she already got her money and when my investigation showed massive fraud she didn’t want to pay me from the money she received to do the right thing and totally ignored my advice to prove the fraud.

I did turn the matter over to the judge and prosecutor so even though the lawyer didn’t want to do her job, maybe the judge and prosecutor will do theirs

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PA SUPREME COURT DISCIPLINARY BOARD-COVERING UP FOR DISHONEST LAWYERS

I have an on going case with the above board concerning a well known lawyer I can’t name as yet as no final ruling has been made by the PA Supreme Court though I believe Mr. Paul Burgoyne, Chief Disciplinary Counsel in the Philadelphia office is covering up blatant misconduct by this lawyer.  These are the facts on the record at the moment in court in Philadelphia

The attorney hired me as an Handwriting Expert representing his client in a criminal action involving her signature. I did EXTENSIVE work on the case, but the attorney never provided the required information to me allowing me to complete my work so I could not reach a final opinion, but I DID  provide EXTENSIVE  questions to assist in the cross examination of the states expert and had three detailed conversations with the attorneys staff to assist at trial.

Apparently the defendant was not satisfied having bought a more favorable from another expert.

I received a demand letter from the attorney obviously representing his client  asking for a full refund which stated in part: “You are not capable of assisting MY client in this matter due to…your lack of professionalism…and work you provided was deficient” Only another expert could make that determination. I provided to the attorney 12 pages of work product, including an extensive three page report listing my findings and revewing the report of the state’s expert and 25 pages of evidence.

I provided to the attorney and the Ethics Committee copies of all this

I never met or spoke to the client(she did not speak English)nor did I have a signed contract w/her. My agreement was with the attorney and it was recorded as I record ALL my calls in New Jersey, it being a “one party permission” state for the recording of phone calls. He told me he would have her drop her groundless law suit. Relying on that fact, I did not appear in court and learned a judgement was entered against me. The attorney lied. When I contacted the attorney and confronted him about this, he threatened to go to the “authorities” if I filed a law suit–a blatant ethics violation.

I filed an appeal of the judgment and was able to have it vacated and in the process of filing a counter claim against the client and the attorney in Federal Court in Camden and looking for counsel to file a claim against the attorney’s malpractice carrier.

But I have to say that in my over 40 years as an expert I have never encountered such blatant incompetence such as that in the Philadelphia Court. How does judge Bradley Moss find a judgment for $2300.00 against me in favor of a women I never met who does not speak English and provided NO written contract and no the Disciplinary office in Philadelphia covers up blatant unethical misconduct by a prominent Philadelphia lawyer who threatened to go to the authorities if I sued and denied in a letter he hired me in a prior case in Federal Court where I had to sue him and levy his bank account to get paid.

I find such deceit and incompetence by the Committee and the court to be outrageous and will not stand for it

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WE WILL ALL NEED A GOOD LAWYER AT SOME POINT IN OUR LIVES-HOW DO WE FIND THEM?

As one who has worked in the legal profession for over forty years as an expert, one would think that I, of all people would be able to find a good lawyer if I needed one for my own litigation.

Well, to be honest, I have been involved in litigation of my own  a number of times and until recenlty,  I made the same mistake that many people make; Asking for referrals from attorneys I know or contacting the bar or lawyer referral services.

Now seriously, do you think the bar association or a referral service REALLY knows wh the best lawyers are?

Well, after all this itme, I realized, strange as it may seem, that the best lawyers are the ones who WIN thier cases and that information IS publicly available and just as I realized long ago by asking lawyers I have worked for whom my testimony has helped them win their cases, a lletter from them saying so, such as those you see on my web site are worth their wight in gold.

So why should not the same be true about lawyers who actually WIN their cases.  The information IS available–just ask them: “Mr. Lawyer, how many cases have you tried over the last four years(experts are required  by federal rules to list their trials for the last four years)” Why should lawyers not be required to do the same? The information IS publicly available and if an attorney refuses to provide it, what does that tell you: NEXT. The ruyb often is that most cases settle, but that information IS avaiable. The IRS has a keen interest in how much money a lawyer pocketed from a settlement.

So the bottom line is: If you need a good lawyer-DO NOT ASK FOR A REFERRAL BUT DO THE RESEARCH YOURSELF. YOU WILL BE GLAD YOU DID AND SO WILL YOUR POCKETBOOK

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TO SUCCEED AS A JUDGE-ATTORNEY OR EXPERT IN THE LEGAL FIELD-YOU MUST HAVE UNCOMPROMISING INTEGRITY-I AM NOT SURE THAT IS TRUE TODAY AND I WILL GIVE MANY CONCRETE REASONS WHY I THINK THIS IN THIS BLOG

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EXAMPLES OF BAD JUDGES IN NEW JERSEY I HAVE ENCOUNTERED-PARTICULARLY THOSE IN SPECIAL CIVIL PART

Before I go into detail about any of the cases I am going to discuss, I want to make it clear that this blog is an exercise in free speech and the comments I am making are truthfull, to the best of my ability from actual cases in which I have been involved, most of which are in the public record and are in the context of litigation and as such are protected free speech. One can not be sued for telling the truth in court, otherwise no one would be willing to testify about anything. People may not like my opinions, but that is exactly what they are, my opinions and to retaliate in any way by anyone constitutes actionable slander if those comments are false.This blog is not meant to be a reflection on honest, hard working and compassionate lawyers who have a sincere desire to see that their clients get justice in the courts.

That being said, I think it is time for me to tell the truth, as I see it regarding what goes on in “Special Civil Part” in Camden and I can assure you, it is not pretty. The law is frequently ignored, especially if the litigant is poor and doesn’t have an honest and competent lawyer, the likes of whom, I will discuss below. I can not speak of other courts around the country, having testified in just ten states, but I am sure the same thing goes on in other poor districts. The poor are powerless when it comes to getting justice.

An old friend was quick to remind me that the majority of lawyers and judges are honest and competent and want to do what is fair, objective and honest, but I pointed out that it is the other forty-nine percent I worry about, partially with “tongue in cheek”.

Living in Camden County as I do, if a lawyer or client has a legitimate beef with my services they have to come to court in Camden and since my retainer is well below the threshold for the Law Division, that usually means Special Civil Part.

As one who has been a practicing Document Examiner for OVER 40 years, I obviously have been in front A LOT  of judges in my 500 court appearances since 1976 and I have to say that the judges I have encountered in Special Civil Part, though not all of them, have been among the worst I have EVER encountered. Given the lack of repercussions of most of their rulings since they usually involve poorer litigants, many of the judges feel  say stupid, biased unfair or outright dishonest things on the record, knowing they are not likely to be challenged At the top of the list was judge Laskin, whom MANY attorneys had complained about before he retired. As the story goes, he was a State Senator who got booted out of the Senate by the Norcoss family then begged Governor Whitman to appoint him to the bench, according to a story I read. I wrote a blog about him concerning the case of Hadassa Azizi, a woman who cheated the tax payers of NY out of a million dollars of sales taxes by conspiring with her business partner to forge her signature thinking that somehow excused her from paying sales taxes. The court disagreed and she had to pay $177,000 in taxes from her liquor store. She hired me to render an opinion on  her tax documents knowing they were forged by her partner. When she lost in court and, of course never paid me to come to court, she blamed me for losing her case and filed suit to recover the $4300 in fees she paid me and in an unfortunate twist, I had another client with the same name, if you can believe it and I grabbed the wrong file going out the door and was unable to defend myself. This problem could have been easily resolved, if Laskin allowed me to retrieve my file over the lunch break Did Judge Lasking allow me to go back to my office over the lunch break to get the correct file? NOOOO. Did he agree to delay the case even though I asked NINE TIMES ON THE RECORD? N0000!!!!. Every word she uttered on the stand was a TOTAL LIE!!!.

The result was a $4300 Judgment which I appealed myself and argued this  in front of the Court of Appeals leading to another absurdity when the judges failed to overturn Laskin’s ruling and allowed Azzizi’s crime and perjury to stand.

There were other absurdities involving Laskin such as the case of Thompson V. Thompson where my client, represented by Betsy Ramos, Esquire of Capehart and Scatcherd brought suit on her client’s behalf suing his own mother. Thompson me when he lost the case, saying he paid me to come to court and I didn’t and he lost as a result. The only problem is, I hired a driver to take me to court in a driving snow storm only to find the court closed. That fact didn’t stop Lasking from finding judgment against me.

Now fast forward to this year when another dishonest lawyer, Eldridge Hawkins filed suit against me to recover moneys he claimed I did not earn, but he didn’t stop there. He went so far as to accuse me of running a criminal enterprise under RICO, the government program designed to arrest mobsters. He sent me a $1000 check to review FORTY PAGES of nomination petitions on an emergency basis over the weekend. This was a PRELIMINARY  opinion to see if he had a case. Is anyone that stupid to think that an expert of my experience and credentials(www.DocumentExaminer.Org) would do such an analysis. Well apparently the arbitrator in the case was. I took extensive notes of my initial conversation that I have now located, of the  call with Hawkins(Which the NY Supreme Court has ruled has the same legal value as my recording of the call that I can not locate at the moment.) It is clear Hawkins testimony was a total lie, But what amazes me is that Judge Raganes, the Law Division Judge to whom I transferred the case didn’t laugh the guy out of the court room and throw out his case right there-another dishonest lawyer protected by a Camden judge But it gets worse, The judge assigned it to arbitration and arbitrator Ryan found in Hawkins favor  because I didn’t have a written contract totally ignoring my testimony with his BS, that even my wife saw through.

These “hearings”  are a boondoggle for the courts and they unjustly enrich lawyers(who by the way, are mostly white in black Camden) who do very little and can rule any way they want without fear of consequence. Is it any wonder the same lawyers sign up over and over and over for this work.

What needs to happen is that ANY suit filed in Special Civil, Small Claims by a non attorney, needs to be reviewed by a competent attorney to determine the case has true merit with the proof being presented at the time of the filing.

The unspoken part of all this is the time and expense needed by the defendant to defend such claims, which are often without merit. It is simply not fair for someone to have to pay an attorney hundreds and perhaps even thousands of dollare to defend a case that is without merit, not to mention all the agravation the defendant has to do through which can be damaging to their health.

Please send your opinions to the court in Camden County or any other court you feel has not treated litigants unfailrly because they are poor

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AN OPEN LETTER TO MAYOR JAMES KENNEY-ARBITRATION SYSTEM SYSTEM IN PHILADELPHIA-INSTITUTIONALIZED RACISM AND GENDER BIAS IN THE PHILADELPHIA COURTS

Honorable  Mayor James Kenney

Some time in 2016, I sent you a letter regarding the above and received a form letter back from one of your staff that basically skirted the question. I wrote you a letter dated July 18, 2016 addressing the issue and your insulting reply.

My question to you was rather simple:

What is the racial and gender make–up of arbitration panels picked to hear civil cases in the Philadelphia Courts and of those cases where the ruling is appealed, what is the racial and gender make- up and income of the Appealing litigants?

My, informal review of these questions through public records reveals that the panels are mostly white male attorneys and the attorney and  their clients are mostly middle class white men and women. This question should be easy for your staff to determine. It is a VERY objective question. Very few poor litigants are able to afford the high cost of appeal from rulings of the panels the  panels who can basically rule any way they want and are not required to give reasons or even  cite case law. The system is a farce for anyone but the wealthy. Working with attorneys as I have for over forty years it seems attorney simply don’t want to assume the cost of filing an appeal, much less any experts that may be required. The losers, of course those without money which because of the staggering increase in the cost of litigation is including more and more of the middle class

Given all the recent  talk of racism  in the news, I doubt very seriously whether your office would want to give the appearance of same yet you express little interest in addressingwhat I believe to be an obvious and severe problem. Buryiing one’s head in the sand is not the answer. The ones who can least afford it are being seriously hurt by your inaction

If you recall, when I first wrote you about this, I told you the story of my mother who always told me: “Remember Bob, the constant drip of water can wear away a stone” It was her way of saying: “Don’t give up”. I cited you the example of my caling Congressman Andrews office EVERY DAY for two and a halp years to get an appoint.

I looked the Congressman right in the face and asked: “At what point did your realize I wasn’t going away?” And further: “You don’t want it out in the public that I had to call your office EVERY DAY FOR TWO AND A HALF YEARS do you?”

One of my favorite movies is “The Shawshank Redemption” If you saw it, you understand why. If you need to. I won’t give it away.

But my point is, you need to step up and address the issues I have raised. If there is no racism, you have nothing to worry about. If there is no racism, you have nothing to worry about. A recent segment on “60 Minutes” addressed the inequalities found in the Public Defenders offices when it comes to inequality concerning poor litigants the result of the research did not bode well for you and the city of Philadelphia as well as most other cities.

I won’t take up more of your time, but I DO WANT AN ANSWER TO MY QUESTION.

Knowing that you are quite busy, I think a month is more than enough time to tell me how you plan to address my questions.

 

Sincerely

 

ROBERT J. PHILLPS

DOCUMENT EXAMINER

www.DoicumentExaminer.org

 

 

 

 

 

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WHEN IT COMES TO JUSTICE IN THE COURTS FOR THE “LITTLE GUY” THE INTERNET IS THE GREAT EQUALIZER

For the average person who cant afford a lawyer to take their case, as long as you feel your case is valid and you have the facts to back it up, presenting it on the net may be the answer and let the public decide. It won’t get you money usually, but it may get you vindication and may help others in the same boat

I think we can all degree that access to the legal system is no longer available even to the middle class individual. Even those avenues designed to help them such as “Small Claims Court” and Arbitration are a farce to many who have tried and failed in these venues

But “social media” will certainly get your issue to the public, faster than the courts will and you may get more action quicker than tying your case up in court at great time and expense. You may not get much money doing so, but sometimes all people want is vindication for their grievance and want people to hear them.

There are likely tens of thousands of legitimate cases each year in this country that never see the light of day in a court room because some lawyer doesn’t think it is worth the effort no matter how valid it may be. These lawyers are NOT interested in justice, just making money and the well meaning lawyers who work at Legal Aid groups are so overwhelmed, justice is not possible, as was recently pointed out on “Sixty Minutes”. The system is broken, thus justice is not avalable to the poor and powerless.

We are here on this earth to help people. Pleading your case on the net, as I said, may not get you money uusually, unless your story is SO unusual that it is fodder for a book but it MAY help others to avoid the problem you encountered or they MAY be one of those individuals who CAN afford a lawyer and you may help them with their case. As Jesus said: “Bread cast upon the waters comes back ten fold”. It is ALWAYS  a good idea to put your info out there because you just don’t know who you are helping and who may help you. And it is not just legal matters but anything. As Dean Del Tessto says in his book: “Change Your Thinking” Google your problem and you might be amazed at who has the same problem and also the answer for you. This is another reward of searching the net that was not previously available and the cost is minimal but it also emphasizes the need to post your story as long it is true and can be verified. You are always entitled to your opinion about anything as long as you label iti as such.

Perhaps we need to go to the system in England of “loser pays”. Or allow paralegals to file cases  for arbitration with automatic appeal by either side,  should the case fail to settle. The whole idea is to allow EVERYONE to address their grievances and have a chance to be treated fairly  and feel they are being heard and yes obtain justice.

Your thoughts are appreciated. Please contact me on Facebook, not here-too many worthless spammers. Robert J. Phillips, Associates. You may also call my cell 856-278-1360 or email DocumentExpert@Comcast.not. Spammers will be blocked so don’t waste your time.

You just never know who might be reading your blog. You just have to be PATIENT AND PERSISTENT, like my mother allways told me as a child. You just can’t let them win. so whatever your method, bug them EVERY DAYuntio you get the answer you deserve.

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EXPERIENCED LAWYERS WHO DRAIN THE CLIENTS OF THEIR MONEY AND FAIL TO HIRE EXPERTS WHEN REQUIRED A COMMENT ON BAD LAWYERS

Lately this has become an all too frequent occurrence. Not only are attorneys NOT paying experts in contingency cases, they are requiring their clients to do it, who often can not afford the thousands of dollars it may take to hire a highly qualified and experienced expert. The result is that they hire unqualified and often incompetent “experts” because they are cheaper. The result is often the cause for the client losing his/her case or settling for a MUCH lower settlement. Many incompetent lawyers reason that 95% of all cases settle anyway and as long as their expert’s opinion is correct(and all they have to do many times is flip a coin and they have a 50% chance of being right.) then they should be able to get their client SOMETHING.

The end result of all thiis that many clients can not afford to hire ANY expert and without an expert that the lawyer doesn’t want to pay for the case goes un prosecuted and an injustice occurs. Strike up another victory for the wealthy who can afford top lawyers and expert. Oh, the poor have community legal services you say? A recent story on “60 Minutes” showed how these young, inexperienced, though well meaning attorneys are NO MATCH for an experienced attorney and it seems the courts simply look the other way even though many civil cases are open and shut, if the attorney would only bother to dig for evidence and hire top experts. But this is pretty well impossible when a young eager attorney comes in to find 40 cases on his or her desk for the week and a budget so low, hiring top experts is impossible.

You have to understand that ALL injustices are addressed in some way eventually and the result of that can be  a disaster as the victim of all this seeks to address his injustice in not so nice ways, whether it be criminal activity or abuse in some way. It is within al of our best interest to see that EVERY litigant is treated fairly and not just disposed of to lessen the overload on the courts. Arbitration is often not the answer as it is often seen by lawyers to make a quick buck for a couple hours of work with little or no consequence. They basically can rule any way they want because they know that the poor,, minoriities etc can not afford to pay a competent lawyer to apeal.

Well what is the answer? If average every day people can sit on juries and rule on matters of life and death, why can’t they sit on arbitration panels and decide law suits knowing that if they make a major mistake, then the matter can go to a single judge to make the final decision.

We also need to adopt the British system of “loser pays” which forces MORE SETTLEMENTS because no one wants to take a chance on a weak case such as a frivolous law suit, which are filed by the thousands in the US because the plaintif knows it will ocst X to defend so they will accept ANY offer, knowing they have little chance to win. There are lawyers who make hundreds of thousands of dolars that way, filing frivolous suit after frivolous suit knowing they won’t have to pay legal fees if they lose.

 

The system is broken and no once seems too eager to fix it because a LOT of people are making a LOOT of money off of it..

 

I am certainly open to suggestions. You may reach me on Facebook. Responses here are not read, thanks to all the spammers. ALL SPAMMERS ON fACEBOOK WILL BE BLOCKED. If you want to write me, you can send comments to my PO Box 2125 Haddonfield, NJ o8033

 

 

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