Re: [Leica] Lawyers and such.....(OT)

["Tom Schofield" <tdschofield@email.msn.com>]

Frank,

They don't teach us how to fill out the forms in law school.  We learn the
law more or less in the abstract, and have to read the statutes and
treatises to learn how to fill out the forms.  No law school teacher walks
you through forms for a petition for probate or the inventory and appraisal,
and most of the ivory tower types probably wouldn't know one if they saw
one!  Those little boxes to check or not check each have a statute behind
them, which you are representing either applies or doesn't apply, each of
which the attorney has to be familiar with or must look up.  In addition,
each County can have their unique rules and procedures.  That knowledge is
what we get paid for.  You choose whether to pay an attorney the statutory
probate fees to take care of it for you, or to pay by spending your time and
aggravation to educate yourself.

The clerks are not lawyers, and are not trained to review the forms for
whether they are filled out properly.  They are prohibited from giving legal
advice, and would get yelled at by the judge if you were to say, "But that's
what your clerk said to do," so it is rare that you will find a helpful one.
The probate examiners are the attorneys who do review the forms, and are
working for the judge to help prepare him or her for the daily calendar.
They are under tremendous time pressure to review all of the matters on each
day's calendar.  You get to talk to them at the appropriate point in the
process.  You can't ask them in advance what to do, but when you come up for
hearing, there is usually a taped "tentative ruling" on the telephone, and
more and more commonly on a web site, that will tell you just what the
mistakes were so you can correct them (although they can be somewhat cryptic
when they are in a hurry), or you can appear, and you will be advised
exactly what you are missing.  Again, each County has their own procedures.
In Alameda County, the examiner's notes are posted to the web site in
advance.  On the date of the hearing if there is still a problem, you are
sent to talk to the examiner, who will go over the list of x things you need
to provide or correct.

Most judges are more patient with an individual representing himself than
they would be with an attorney making the same mistake, I asure you!  Stress
reduction is one reason this lawyer takes pics with his Leica, too.
(Staying OT.)

Tom Schofield

- ----- Original Message -----
From: "Frank Filippone" <red735i@earthlink.net>
To: "Leica-Users-Group" <leica-users@mejac.palo-alto.ca.us>
Sent: Friday, March 09, 2001 12:44 PM
Subject: [Leica] Lawyers and such.....(OT)


> Enuf of all the lawyer garbage.. I am trying to probate a simple estate
and
> I am fed up with legal garbage.....you guys are not helping my mood.....
>
> As stated to me by my local Probate Clerk.....
> fill out the right forms, but we won't tell you which ones how to fill
them
> out.....
>
> serially telling me I goofed.... like get a life, review the all damned
> forms once!
>
> some people go to school to learn how to fill out the forms..... WELL, now
> isn't that a positive reference for the lawyer intelligence?  They need to
> go to schol to learn how to fill out a damned form!
>
> I am sorry, we can not help you with the forms, that would be giving legal
> advice, and the probate attorney does not have time to assist you......
>
> better go take some pix..... maybe my mood will improve!
>
> Forward all my mail to.....
> legal.hell@probate.clerksoffice.idiots
>
> Frank
>