Saturday, December 13, 2008

Who Needs Courts in a World With Google?

I need to blog. I know I am wayyy behind in posting. I have had a crises situation handed over to me at the last minute, so I have been very busy researching researching researching!

One thing I learned this week is that it’s a brand new world. I can sit in bed and do more fact finding then any lawyer could with an entire staff 10 years ago. It’s all on-line. Not just the code of laws, the case law and the necessary forms but just about any evidence I need is already posted for me! These days everyone is a celebrity and they do not have PR people to tell them what to say.

People really need to SHUT UP sometimes or at least be aware that everything they have said or done online or on You-tube or on TV is still around. Don’t say blue today if you posted a video swearing yellow last year. Yellow is still there. I don’t need to hire a private investigator and sit down for hours of depositions. I can just watch you swearing with sincere conviction that the only truth is yellow from last year. Then you look like a liar, or crazy, or just not reliable to know the difference between blue and yellow at all.

It’s not the truth that hurts people. It’s not changing their minds or losing a good legal defense because of an admission that might have let them win, it’s the very fact of human nature that when someone thinks they are the center of attention their mouths open up and their brains shut down. Just pause and think if your natural inclination is poor recall of past events. I remember almost everything anyone ever says. It drives men and my mother crazy, but at least conversations were still in doubt. E-mails, film and internet posts prove what was really said. No defense of “I never said that!” How many times have you been there with a SO or family member?

So helpful HINT OF THE DAY: If a newscaster sticks a camera in your face don’t spew out anything you can think of to make your self look good without asking yourself if it matches what you said in the past. Don’t rely on the cameraperson to make sure your words match the background pictures. Don’t say one thing on Monday, contradict it on Tuesday and deny both on Wednesday if you did it all on film! WTF are you thinking? Do you not know we are watching and have You-tube 24/7?

And sadly, I am talking about the authorities in these cases, not even the accused. Cell phones, easy videos and You-tube are playing havoc in the Courts because Big Brother is not watching you, but everybody else and their brother is! I think it started with Rodney King? Then the tape of Mr. Fun Guy in the O.J. Simpson case. Did he not understand what tape is? In one case in Florida right now Authorities are saying they “had no idea” about conditions at a rescue, which we usually take for granted to be true. But in this case there is an actual documentary film made about the place. A film. A full length movie that they all saw and commented on a few years ago. But suddenly someone hit ALT-CONTROL-DELETE in their brains and they forgot it even existed? Waaa? Or do they forget our memories are now on-line for permanent storage?

I have used up my available time and my weekly quota of exclamation marks, but I want to put an offer out there to the 45 people who return frequently to see if I have bothered to post .

I can do maybe one topic this week. I am choosing between liability, the laws of agency, or the true cost of litigation. If any one of these topics is your first choice send me an e-mail. First one to respond wins. This is not a democracy. If you have a burning question that you think applies to other people too feel free to make a suggestion. I may not have time to thank you or respond, but I do read m e-mails. I will be getting to all these topics and more, but its readers choice which comes first! Oh look, I had one more exclamation point left:>

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