One of the things I have learned in the sleazy world of probate (and please, don’t write up another stupid paragraph about me saying it’s sleazy–just google sleazy probate and see what you get–dozens and dozens of websites–about 2 mil results in .2 secs!–and they’re not all mine, but they do seem to emanate from around the US.) is if you are being attacked by someone honest and with a good point–go for the attack on the tangent.
That is, if you don’t have the law, then pound the facts, if you don’t have the facts or law, then just pound the table.
A tried and true tactic of sleazy lawyers.
I have had cases when there was no jurisdiction, and I had to tell the client and the court we need to dismiss and nonsuit–as an officer of the court. I don’t want to bring liabiity on the state or the court and the judges and others that depend upon me to be honest
But what do I find in Illinois probate? Exactly the opposite. Judges and GAL’s that desperately and vehemently and even obnoxiously cling to jurisdiction that just isn’t there.
Let me say it again, Tyler, Sykes, Gore, Bedin, Spera and others.
These should have never, never happened. Attys and judges acting badly.
So, if you’ve decided to act badly, file bogus complaints against honest attoneys, what then do you do? Perhaps the authorities are noticing. The pubic is noticing and writing angry letters and they are mightily unhappy.
So how do you go about pounding the table and create a tear gas distraction, not just the red herring, but more of a pink and purple herring?
Go for the motion to Disqualify the person’s attorney! Yah! that will do it. Say the attorney will be a witness, there is a conflict, whatever it takes. Go for the down low and dirty.
see the following
Motion to Disqualify Atty Ken Ditkowsky with Response
You know, I see these a lot in Federal Court where the litigants have a lot of money to burn in litigation but the movant knows the motion is a loser. I see them once in a while in state court, and in the law division, they’re a total loser. But in probate from a litigant and not a GAL? Just another rubber stamp for the day
Remember, see my prior post on how in probate –justice only comes from a List the judge keeps on her desk. it is not contained in briefs or case law or stare decisis which is a ton of work to read all those (boring) cases.
I have no idea how the ARDC can promulgate this stuff for 83,000 lawyers at an annual fee of $450, but it’s a total waste. JMHO.
Keep on writing the ARDC for justice and allow lawyers to blog against corruption in the courts. Write the Director, Atty Jerome Larkin or fax him at 312-565-2320. One prudential Plaza, 130 E Randolph Dr, #1500, Chicago, IL 60601.
Let’s keep this country what the founding fathers and mothers wanted (well, at least the fathers, the mothers wanted equal rights and the vote and that took another 150 years or so).