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Is David practicing law without a license?

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  • The Handyman
    You can prepare any and all papers for another...you can charge for the preparation, you just cannot sign them or file them nor can you represent another in
    Message 1 of 9 , Jun 23, 2011
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    You can prepare any and all papers for another...you can charge for the preparation, you just cannot sign them or file them nor can you represent another in court. I do all three and defy the bastards to bring the charge a second time.  I beat them on appeal in 1986;  it is all a sham. My case is attached.There is a federal case holding that preparation is not an element of the practice of law but my computer crashed and it was lost..but it is there. I am still looking.  Below is from the Florida BAR. UNAUTHORIZED PRACTICE  is  BAR crime and any conviction without a license in a court of law will be annulled.  It is all first class crap.  Shalom
  • Gene
    AS PER THE UNITED STATES SUPREME COURT; The practice of Law CAN NOT be licensed by any state/State. (Schware v. Board of Examiners, 353 U.S. 238, 239) The
    Message 2 of 9 , Jun 23, 2011
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      AS PER THE UNITED STATES SUPREME COURT;

      The practice of Law CAN NOT be licensed by any state/State. (Schware v. Board of Examiners, 353 U.S. 238, 239)

      The practice of Law is AN OCCUPATION OF COMMON RIGHT! (Sims v. Aherns, 271 S.W. 720 (1925))



      The "CERTIFICATE" from the State Supreme Court:

      ONLY authorizes,

      To practice Law "IN COURTS" As a member of the STATE JUDICIAL BRANCH OF GOVERNMENT.



      Can ONLY represent WARDS OF THE COURT, INFANTS, PERSONS OF UNSOUND MIND (SEE CORPUS JURIS SECUNDUM, VOLUME 7, SECTION 4.)



      "CERTIFICATE" IS NOT A LICENSE to practice Law AS AN OCCUPATION, nor to DO BUSINESS AS A LAW FIRM!!!



      The "STATE BAR" CARD IS NOT A LICENSE!!! It is a "UNION DUES CARD".



      The "BAR" is a "PROFESSIONAL ASSOCIATION."

      1. Like the Actors Union, Painters Union, etc.



      2. No other association, EVEN DOCTORS, issue their own license. ALL ARE ISSUED BY THE STATE.



      It is a NON-GOVERNMENTAL PRIVATE ASSOCIATION.



      The State Bar is;

      An Unconstitutional Monopoly.



      AN ILLEGAL & CRIMINAL ENTERPRISE;

      Violates Article 2, Section 1, Separation of Powers clause of the U.S Constitution.



      There is NO POWER OR AUTHORITY for joining of Legislative, Judicial, or Executive within a state as the BAR is attempting. "BAR" members have invaded all branches of government and are attempting to control de jure government as agents of a foreign entity!



      It is quite simple to see that a great fraud and conspiracy has been perpetrated on the people of America. The American Bar is an offshoot from London Lawyers' Guild and was established by people with invasive monopolistic goals in mind. In 1909 they incorporated this TRAITOROUS group in the state of Illinois and had the State Legislature (which was under the control of lawyers) pass an unconstitutional law that only members of this powerful union of lawyers, called the "ABA," could practice law and hold all the key positions in law enforcement and the making of laws. At that time, Illinois became an outlaw state, and for all practical purposes, they seceded from the United States of America.



      The "BAR ASSOCIATION" then sent organizers to all the other states and explained to the lawyers there how much more profitable and secure it would be for them, as lawyers, to join this union and be protected by its bylaws and cannons. They issued to the lawyers in each state a charter from the Illinois organization. California joined in 1927 and a few reluctant states and their lawyers waited until the 1930's to join when the treasonous act became DE FACTO and the Citizen's became captives.



      Under this system, the lawyers could guarantee prejudged decisions for the privileged class against the lower class. This was all made possible by the AMERICAN BAR ASSOCIATION to favor the right and have unlawfully substituted them in place of Constitutional Laws. The Constitution was written in plain English and the Statutes passed by Congress were also in plain English, with the intent of Congress how each law should be used and not the opinions of various Judges as the codes list. Any normal person can read the Constitution and Statutes and understand them without any trouble.



      The public in California was shocked to learn that the State Government has no control or jurisdiction over the Bar Association or its members. The state does not accredit the law schools or hold Bar examinations. They do not issue state licenses to LAWYERS. The Bar Association accredits all the law schools, holds their private examinations and selects the students they will accept in their organization and issues them so-called license but keeps the fees for themselves. The Bar is the only one that can punish or disbar a Lawyer.



      They also select the lawyers that they consider qualified for Judgeships and various other offices in the State. Only the Bar Association, or their designated committees, can remove any of these lawyers from public office. The State Legislature will not change this system as they are also a designated committee of the Bar. On August 21, 1984, Rose Bird, Chief Justice of the California State Supreme Court, another of the Bar Associations Judicial Committee's, stated in essence, that the Bar should determine the legality of all initiatives before they were allowed to go on the ballot.



      This is contrary to both State and Federal Constitutions, as well as the Laws of this Nation instituted By and For the People as a Sovereign UNITY of Independent States of We The People, not a fraudulent Corporate entity of Lawyers. This is a tremendous amount of power for a PRIVATE union that is incorporated and headquartered in Illinois to hold over the Citizens of California or any other state. The only recourse is through this initiative process and vote by the people.



      After the Founding Fathers had formed the Constitution, outlining the laws as to the way our government was to be run, Thomas Jefferson said, in essence, "This proves that plain people, if given the chance, can enact laws and run a government as well as or better than royalty and the blue bloods of Europe." The American people must stop thinking that lawyers are better than they are and can do a better job than they can before the courts of America.



      Under the Common Law and the Laws of America, no where is it expressly given for anyone to have the power or the right to form a Corporation. "Corporations" are given birth because of ignorance on the part of the American people and are operating under implied consent and power which they have usurped and otherwise stolen from the people. By RIGHT AND LAW THEY HAVE NO POWER, AUTHORITY, OR JURISDICTION, and must be put out of business by the good Citizens of America in their fight for FREEDOM.



      The U.S. Constitution GUARANTEES to every state in this union a REPUBLICAN FORM of government. Any other form of government is FORBIDDEN. No public officer or branch of government can be limited to a RULING CLASS of any kind, or the states become ARISTOCRACIES and NOT Republics. Also, the lawyers have made themselves 1st Class Citizens, where many public offices and branches of government are open to lawyers only.



      All other people are limited to only two branches of government and to only certain offices in those two branches of government, making all people who are non-lawyers into 2nd class subject citizens. When the courts belong to the people, as the United States Constitution REQUIRES, (Article IV, Section 4, we the people, will NEVER rule against themselves.) In these Unconstitutional foreign tribunals "courts" (hoodlum centers), "men" in black dresses, that are Unconstitutional ROBES OF NOBILITY. (Article 1, Section 9 and 10) dispense a perverted ideology, where the people are terrorized by members of the BLACK ROBE CULT (lawyers and lawyer judges in the courtrooms).



      The legislative branch of government does NOT have the Constitutional Power to issue Court Orders or any other kind of Orders to the people, as a "fiction court" or a "court/corporation for profit and gain" cannot reach parity with a lawful man. ONLY Presidents and Governors have the Constitutional Power to grant PARDONS, but lawyers and lawyer-judges are unconstitutionally granting PARDONS with "immunity from prosecution."



      Citizens are not permitted to act like people in the courts. The Citizen (2nd class) is told that he does not know how to fill out fancy lawyer forms; that he is not trained in the law; that he does not know court rules and procedures; etc. This is Unconstitutional "lawyer system," only HEARSAY SUBSTITUTES (lawyers) NOT under oath, have access to the fiction/for profit and gain courts, even though ONLY sworn testimony and evidence can be presented in court. Anything else is "Bill of Attainder," NOT permitted under the U.S. Constitution (Article 1, Sections 9 and 10).



      The U.S. Constitution does NOT give anyone the right to a lawyer or the right to counsel, or the right to any other HEARSAY SUBSTITUTE. The 6th Amendment is very SPECIFIC, that the accused ONLY has the right to the ASSISTANCE of counsel and this ASSISTANCE of counsel CAN BE ANYONE THE ACCUSED CHOOSES WITHOUT LIMITATION.



      LAWYERS and LAWYER-JUDGES: Created Unconstitutional "lawyer system" pre-trial "motions" and "Hearings" to have eternal EXTORTIONISTIC litigation's, which is BARRATRY and also is in violation of the U.S. Constitution, and Article 1, as this places defendants in DOUBLE JEOPARDY a hundred times over. Defendants only have a right to A TRIAL, NOT TRIALS. When a criminal is freed on a TECHNICALITY, HE IS FREED BECAUSE OF A FIX and a PAY-OFF, as a defendant can only be freed if found innocent BY A JURY NOT BY ANY "TECHNICALITY."



      Whenever a lawyer is involved in a case directly or indirectly, as a litigant or assisting in counsel, ALL LAWYER-JUDGES HAVE TO DISQUALIFY THEMSELVES, AS THERE CANNOT BE A CONSTITUTIONAL TRIAL and also there would be a violation of the conflict of interest laws, along with the violation of separation of powers and checks and balances, because "OFFICERS" OF THE COURT ARE ON BOTH SIDES OF THE BENCH.



      These same LAWYER-JUDGES are awarding or approving LAWYER FEES, directly and indirectly, amounting to BILLION OF DOLLARS annually, all in violation of conflict of interest laws. As long as there are lawyers, there will never be any law, Constitution or Justice. There will only be MOB RULE, RULE BY A MOB OF LAWYERS.



      CASE "LAW" IS UNCONSTITUTIONAL: As CASE "LAW" IS ENACTED BY THE JUDICIAL BRANCH OF GOVERNMENT. When a lawyer-judge instructs, directs, or gives orders to a jury, the lawyer-judge is TAMPERING WITH THE JURY. He also tampers with testimony when he orders the answers to be either "Yes" or "No." The lawyer-judge also tampers, fixes, and rigs the trial when he orders anything stricken from the record, or when he "rules" certain evidence and the truth to be inadmissible.



      This makes the trial and transcript FIXED and RIGGED, because the jury does not hear the REAL TRUTH and ALL THE FACTS. Juries are made into puppets by the lawyers and lawyer-judges. All lawyers are automatically in the judicial branch of government, as they have the Unconstitutional TITLE OF NOBILITY (Article 1, Section 9 and 10), "Officer of the Court." Citizens have to be elected or hired to be in any branch of government, but non-lawyer Citizens are limited to only two of the three branches of government. Lawyers, as 1st class citizens, can be hired or elected to any of the three branches of government.



      Lawyers, "Officers of the Court," in the Judicial Branch, are Unconstitutionally in two branches of government AT THE SAME TIME whenever they are hired or elected to the executive or legislative branches. This is a violation of the separation of powers, checks and balances, and the conflict of interest laws. District attorneys and State's attorneys have taken over the Grand Juries FROM the people, where the people are DENIED ACCESS to the Grand Juries when they attempt to present evidence of crimes committed in the courtrooms by the lawyers and lawyer-judges.



      The U.S. Constitution, being the Supreme Fundamental Law, is not and CANNOT be ambiguous as to be interpreted, or it would be a worthless piece of paper and we would have millions of interpretations (Unconstitutional amendments) instead of the few we have now. That is why all judges and public servants are SWORN TO SUPPORT the U.S. Constitution, NOT interpret it.



      Under INTERNATIONAL ORDERS: ALL LAWYERS, whether they left law school yesterday or 50 years ago, are EXACTLY THE SAME. All lawyers have to file the same motions and follow the same procedures in using the same Unconstitutional "lawyer system". In probate, the lawyers place themselves in everyone's will and estate. When there are minor children as heirs, the lawyer-judges appoint a lawyer (a child molesting Fagin) for EACH CHILD and, at times, the lawyer fees EXCEED the total amount of the estate.



      An OUTRAGEOUS amount of TAX "MONEY" is directly and indirectly STOLEN BY LAWYERS. Money that is budgeted to County/City/Borough Boards, School Boards and other local and federal agencies eventually finds its way into the pockets of lawyers, as ALL of these agencies are "TRICKED" and "FORCED" into ETERNAL EXTORTIONISTIC LITIGATION.



      In the state of Alaska and Hawaii, the BAR ASSOCIATION has mandated that all judges are to be licensed to practice law (e.g. Alaska Constitution, Article IV, Section 4). This license requirement is not found in any other state of the Union. As all licenses to practice law in the state of Alaska and Hawaii are issued by a judge, what judge is qualified to issue a license to practice law to another judge? As only members of the Bar may be licensed to practice law (e.g. A.S. 08.08.020), Alaska and Hawaii judges are REQUIRED to be members of the BAR and as such, they are prejudiced to the business of the BAR. If a judge is required to be a member of the BAR, who disqualifies the office of a judge if that judge does not pay the dues of the BAR? Every state in the Union (with the exception of Alaska and Hawaii) "prohibits" judges from being members of the BAR.
    • dave
      Re: .You can prepare any and all papers for another...you can charge for the preparation,..I beat them on appeal. While this has a ring of truth to it, I
      Message 3 of 9 , Jun 23, 2011
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        Re: “…You can prepare any and all papers for another...you can charge for the preparation,….I beat them on appeal.”

         

        While this has a “ring” of truth to it, I can tell you that the bar association considers preparation a part of practicing law—especially when money changes hand with a client. [Which is why you had to appeal in the first place.]

         

        Rather than invade their attorney turf of selling preparation work to incompetents-- which amounts to feeding your client instead of teaching them to fish, why not simply prepare “educational material”? It’s very simple to prepare educational material in a word doc file with generic address—and let your customer edit as he chooses.



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      • The Handyman
        It has more than a ring Dave; the SCOTUS has spoken. i.e. The preparation of petitions must never be considered the exclusive prerogative of the lawyer.
        Message 4 of 9 , Jun 23, 2011
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          It has more than a ring Dave; the SCOTUS has spoken.  i.e.

           

          “The preparation of petitions must never be considered the exclusive prerogative of the lawyer.  Layman---in and out of prison---should be allowed to act as next friend to any person in the preparation of any paper or document or claim, so long as he does not hold himself out as practicing law or as being a member of the bar.  The cooperation and help of laymen, as well as of lawyers, is necessary if the right of reasonable access to the courts is to be available to the indigent among us. Reasonable access to the courts is a right secured by the Constitution and Laws of the United States, being guaranteed as against state action by the due process clause of the fourteenth amendment.”

           

          Justice Douglas in

           

           Johnson v. Avery, Commissioner of Correction, et al.,
          393 U.S. 483, 498
           
          The state won't let a single judge decide an unauthorized case; they give you a jury trial so the error can be laid on a group of novice people. But most are dismissed before trial.  I read every unauthorized case in Louisiana since 1921and no unlicensed man has ever been convicted. It is always a lawyer who lost his license that is on trial before the Judiciary Committee provided by the supreme court.They simply don't have authority to convict a man and allege a crime. This right to counsel of choice is protected by the Constitution for the united States of America; specifically the First Article of the Bill of Rights, in the matter of freedom of speech, the right to assemble peaceably, and the right to petition the Government for redress of grievance; also the Fifth Article of the Bill of Rights concerning due process of law; the Sixth Article of the Bill of Rights, and also the Ninth Article of the Bill of Rights, concerning the vast area of rights held by the people as the ultimate sovereigns;  
           
          I have testified in open court that I prepared a pleading and they moved on without incident.  If you are a sheople they will give you a lot of lip.  Its only a game they play. Hold your ground.   
           
          ----- Original Message -----
          From: dave
          Sent: Thursday, June 23, 2011 2:10 PM
          Subject: RE: [tips_and_tricks] Is David practicing law without a license?

           

          Re: “…You can prepare any and all papers for another...you can charge for the preparation,….I beat them on appeal.”

          While this has a “ring” of truth to it, I can tell you that the bar association considers preparation a part of practicing law—especially when money changes hand with a client. [Which is why you had to appeal in the first place.]

          Rather than invade their attorney turf of selling preparation work to incompetents-- which amounts to feeding your client instead of teaching them to fish, why not simply prepare “educational material”? It’s very simple to prepare educational material in a word doc file with generic address—and let your customer edit as he chooses.



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        • dave
          Re: the SCOTUS has spoken Yep.SPOKEN.OPINION. You can tell it to the woman in State of Florida who recently finished serving a sentence who brought up the same
          Message 5 of 9 , Jun 23, 2011
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            Re: the SCOTUS has spoken

             

            Yep…SPOKEN…OPINION

             

            You can tell it to the woman in State of Florida who recently finished serving a sentence who brought up the same matter in her defense in filings. Anyone who wants to try when it’s so easy to circumvent on these matters, is welcome to try.

             

            The Supreme Court gives supreme opinion. You’re counting on the “good nature” of a particular judge to rule favorably in congruence with that supreme opinion…thus making the supreme opinion his opinion too. Oftentimes it works…sometimes not. He’s under no obligation to do so unless told so. They are not common law courts.

             

            As I’ve been told on numerous occasions by judge’s when bringing up Supreme Court decisions in opposition to their ruling: “I rendered a decision. If you don’t like it, take it up on appeal.”

             

            I wouldn’t put too much faith in supreme opinion. [Better to put it in supreme law]

             

            Somehow people have gotten the idea that if they just “go up the food chain of courts” that eventually the divinity judges will wave the wand of justice denied. Only if is suits their political purpose of not revealing the injustice justice system.

             

            Nothing would suit them less than having intelligent people like you prepare documents mucking up the “good old boys” system.



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          • dave
            Re: Practice of law and all the fancy court opinions for those who seek salvation there... From a former attorney. Court opinions are the civil juice of
            Message 6 of 9 , Jun 23, 2011
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              Re: “Practice of law” and all the fancy court opinions for those who seek salvation there…..

               

              From a former attorney…

               

              “Court opinions are the civil juice of  the alleged America democracy; without them the constitutional fraud would have been short lived.  Judges are the go-to guys when the "government" needs to be propped up.  Every court and every judge sitting in one of  those courts is a fake to the extent that a so-called judicial decision is to be applied beyond the original parties to the original dispute.”

               

              Thanks….could not have said it better.



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