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Re: [tips_and_tricks] trusts & The Practice of Law

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  • Occupant Family
    A higher court has stated: Attorneys HAVE a right to the courts IF they are a real party to the action. There is NO right to be an attorney in the practice of
    Message 1 of 1 , Jul 2, 2004
      A higher court has stated:

      Attorneys HAVE a right to the courts IF they are a real party to the action.  There is NO right to be an attorney in the practice of law. LOCKWOOD, EX PARTE, 154 U.S. 116 (1894)


         "The practice of law is an occupation of Common Right"

      As per Sims v. Ahrens 271 S. W., 720 (1925) and upheld that

      "they [attorneys] cannot represent any private citizen nor any business as the State cannot license the practice of law." As per the Supreme Court in Schware v. Board of Examiners. 353 U. S. 238, 239.


      The Inns of Court (governed by officers called "benchers") hold the exclusive privilege of conferring the degree of barrister-at-law which is required to practice as an advocate or counsel in the superior courts. -- Black’s Law Dictionary, Sixth Edition (Centennial Edition), West Publishing Company (1990)

      There are certain key words and phrases in the first (1891) definition that are emphasized in bold and/or italics. This formatting was added to draw attention to the word or phrase so one may more easily assess the context in which the word or phrase is used. The only word that was changed in the 1990 edition of Black’s Law Dictionary is the concession to political correctness by substitution of the word "people" for "men." The other change is the addition of the final sentence. [quoted above.]

      Exclusive" is appertaining to the subject alone, not including, admitting, or pertaining to any others. Sole. Shutting out; debarring from interference or participation; vested in one person alone. [the following was omitted from the original text (see Inns of Court)] "Apart from all others, without admission of others to participation. People on Complaint of Samboy v. Sherman, 158 N.Y. S.2d 835, 837" (Black’s Law 6th ) [returning now to the original text]

        In short, “exclusive” means that the government is barred from any interference in selecting lawyers. Governments may rubber-stamp the approval, if they wish, but they may not participate in the selection or calling process. Under "exclusive right," we find that an exclusive right is one which only the grantee thereof can exercise, and from which all other are prohibited or shut out.

      It appears that the exclusion for all other jurisdictions save himself, the Holy See, that the Pope granted to the Knights Templar is now in possession of the Crown and the Inns of Court. And if we are not British subjects, how can we not have established our own uniquely American system of justice?  
      On Thu, 1 Jul 2004 16:51:28 -0600 "Legalbear" <bear@...> writes:

      A trust is an artificial entity created by law, whether common or statutory, and as such cannot appear in court pro se as a natural person. The licensing requirements to practice law...

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