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It has been a long time since I took Civ Pro, but I would think that is more Personal Jurisdiction.
Certainly - but subject matter jurisdiction questions need to be settled first - personal jurisdiction doesn't matter much if the court in question isn't able to even deal with a case.
Certainly - but subject matter jurisdiction questions need to be settled first - personal jurisdiction doesn't matter much if the court in question isn't able to even deal with a case.
It might be because I am tired, but that makes no sense. Either state courts with general jurisdiction need personal jurisdiction, or a Federal court needs Diversity jurisdiction and doesn't care about personal jurisdiction. I have no idea why SMJ would matter in this case since absent some unknown facts state courts will have it and aside from getting it via diversity Feds will not because it is not a Federal question.
Part of me says, if people want to hire folks that don't understand the law to represent them in court, let them. Part of me fears more idiots in the legal system. Of course, requiring passing the bar exam doesn't exactly prevent ignorance.
Even simple wills aren't that simple. Plus there are local rules that are county specific in some cases that can make probate much more expensive if you fall into certain traps.
Speaking of Legalzoom I would not trust it. My favorite ad from them was about how a legal zoom will held up in a state supreme court. I was laughing so hard when I heard that one because as any estate planing attorney knows, if your will even goes to court you have screwed up horribly.
IMO, using legal zoom is like looking up illness symptoms on the internet. Sure, it might be somewhat helpful for very minor things, but I wouldn't trust it for anything remotely important or serious. Plus, I have never used legal zoom but I'm sure there is some kind of liability waiver. It is unethical for an attorney to disclaim liability. So if your lawyer screws up you have recourse, if your box screws up then you might have none.
I always wanted to be a lawyer. When I was locked up many decades ago, I used to study law because I got interested in it. But I also knew my criminal record meant no law school would ever take me and, even if one did, the bar probably would not. So I dropped that idea.
Why should we require that person's entrusted with people's financial future or sometimes their very lives have a certain bit of training and certification? That's just silly talk right there.
Next lets let anyone practice medicine and perform dental work and fly commercial airplanes. I mean anyone can do it right?
As long as you can pass the licensing exam, that's all that matters, right? What could you possibly learn in school that you can get off of Google in a few hours?
As long as you can pass the licensing exam, that's all that matters, right? What could you possibly learn in school that you can get off of Google in a few hours?
How to make sense of a vast amount of information - and boil it down to a coherent argument that successfully advocates for your position - also to select and apply the proper point of law that is appropriate for the situation.
That is what law school teaches - and what lawyers are expected to be able to do.
Think that you can just rely on Google? That might work work for a traffic citation - but it won't hold up in the world of probate, drafting contracts, dealing with property disputes, defending a client accused of murder, settling family law issues, or prosecuting a corrupt politician.
Last edited by Harrier; 11-11-2012 at 06:27 PM..
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