As compared with health insurance under ObamaCare, the legal profession has its own coercive methods of imposing individual and workplace mandates, does it not?
Only question is, are they penalties, taxes, or both?
Beside the difference between civil and criminal law, free/subsidized representation requires indigency, which if you have assets to forfeit to the government you have assets to forfeit to a lawyer to protect those assets, and would pretty much exclude you anyway even if such representation were available.
The answer in civil forfeiture, aside from complete elimination, is loser pays.
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8 comments:
We make terrible analogies.
Really?
As compared with health insurance under ObamaCare, the legal profession has its own coercive methods of imposing individual and workplace mandates, does it not?
Only question is, are they penalties, taxes, or both?
Why are citizens provided representation when under criminal indictment, but not when the government seeks to seize assets under civil forfeiture?
Beside the difference between civil and criminal law, free/subsidized representation requires indigency, which if you have assets to forfeit to the government you have assets to forfeit to a lawyer to protect those assets, and would pretty much exclude you anyway even if such representation were available.
The answer in civil forfeiture, aside from complete elimination, is loser pays.
Civil forfeiture is also a so-called in rem action.
The government literally sues your property (the thing), not the owner.
Under those circumstances, I do not believe your property is entitled to all the same rights that people are.
We? Screenwriters?
When I went to law school, the law was still generally thought of as a profession. One of the three, medicine, clergy and the law.
Now, anyone who is paid to do something is a "professional" and lawyers are simply part of a paid service industry.
It has been good for me personally, but lawyers are overused and highly over compensated: $700-$1500 an hour in many cases.
Not that there's anything wrong with it.
Not sure yet about Better Call Saul.
A decoy and overpriced?
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