MYTHS OF COURTS
The Litigation Vortex
Whether you enter the "Litigation Vortex
" willingly (suckered in naively, don't feel bad, attorneys have done it too), or whether you get sucked into the maelstrom like some alleged "criminals" and some attorneys on alleged "disciplinary" charges have, you enter into the "legal holodeck
" where nothing is as it appears
You are a hard working man, hardly ever missed a day of work in your life. Unsuspectingly, you have found yourself in the legal system where your grade school teacher taught you justice would be served.
You learn to research your case, try to make everyone understand your facts, and how justice would be served by finding in your favor.
Initially, everyone seems to understand.
The judge, and sometimes even the opposing attorney appear to want to understand and get to justice...and the clerk was so pleasant. You know she saw that you were an honest man. And the "Holodeck Court
" stage image is set.
Having no reason not to believe that what you heard in grade school was absolutely true, you spend your money on filings, legal advice (even if an attorney will not take the case), or legal fees if an attorney will take it.
Sometimes you even "count yourself blessed
" that you have found an attorney who is willing to help you, so you think (see Triangle and Two Defense for more on this). You know your case is a slam-dunk win. And thus the curtain of the court-holodeck pageant opens and the bait-and-switch begins.
You think certainly the first couple of rulings must have been a misunderstanding.
You may tell yourself have to do more legal research and write more clearly.
They will certainly see that you have been wronged. So you continue to spend your money and your time.
You even miss increasing amounts of work because you are in this to right a wrong, just like your grade school teacher taught you.
You certainly can't turn around now, you've come too far and you are just getting the hang of the legal research.
You may still cry when the National Anthem is sung, and you certainly put your hand over your heart like any good American would.
Perhaps you even fought to defend our freedom like so many honorable men (and women) like you have.
By now, they have you in the clutches of the "Double B."
What is the "Double B" you ask? "Busy and Broke!"
Due to the bait and switch maneuver, you are now on the defense even though you are listed as the plaintiff.
Next comes the final preparations for the dog-and-pony show, the final preparation for your day in court on the holodeck stage, and the implementation of the "Triple C" is ripe and ready.
As you get thoroughly busy, and more broke trying to answer the defense's frivolous motions, you continuously have to show that it is they who have obfuscated and lied, not you as they have accused you.
You spend day and night trying to explain yourself to the court.
You answer their accusations by repeatedly explaining that you did not claim your wife on your taxes because she did not work, you injured your back ten years ago in a legitimate workers' compensation injury, and that you and your wife went to a marriage counselor fifteen years ago after your youngest son died.
Yes, the "Triple C" is being implemented against you in just its proper sequence.
What is the "Triple C" you ask again? This is when good citizens, who's only crime is that they naively asked the courts to rule justly, are labeled as either a:
1. Criminal (who will believe him, he is a criminal tax-evader)
2. Con-man (who will believe him, he lied on his tax return, and was a malingerer from work),
3. Crazy (who would believe him, he went to a shrink and is paranoid delusional
("get an I.M.E.) [Independent Medical Exam
] quick and get this psycho diagnosed! Call some doctor who needs our repeat business" yells opposing counsel back stage).
The "Double B, Triple C" is in full effect now.
You are not only exhausted, but you now have to worry about your reputation, the IRS audit that is bound to happen due to the allegations made, or an insurance company claiming you were fraudulent in that workers' compensation injury so long ago.
As the morass of the "Litigation Vortex
" sucks you down further and further into its clutches, you can no longer see the path along which to exit. "What have I gotten myself into and how did I get here?", you think as your friends start expressing the opinion that maybe you are a little too obsessed about this case.
As soon as the dust settles, albeit for only a moment, you finally begin to realize that maybe your grade school teacher missed something.
By then you are thoroughly engulfed in the "Litigation Vortex" and you may think the only way out is to ask your "mast a," if it please the court, could you be excused from the case?
If, confused, broke, and worn down, you take this road to perdition as a way to try and escape the Litigation Vortex's legal assault, the judge will quickly rule that you are dropping the case as he slams down his loaded gavel! "Dismissed", he bellows!
But then you learn that you are indeed a money maker, for the other side, as (s)he rules that you must pay opposing party's legal fees for filing such a frivolous law suit against them in the first place (usually known as displaying "vexatious conduct" ), and, in confusion, with cold, tightly knotted anger in the pit of your stomach that will not go away, you quietly and sadly bend your knee and humbly go back to picking the "master's" cotton.
And so it goes with the "Litigation Vortex" on the stage of the Holodeck Court where nothing is as it appears, and where a plaintiff is never to be seen again, with money.
This description of course, is just the beginning of the maelstrom because you may now decide to appeal, file a complaint against the judge, and continue asking the judges to find themselves corrupt.
Although you now know that your grade school teacher was wrong, there is still something in you that cannot accept the fact that injustices you experienced are the norm.
So you continue to go round and round in the vortex trying to find someone who will help you prove that what had happened to you was a just a fluke.
At this stage, you still believe that the next judge will certainly see the manifest injustice that was perpetrated against you and he will make the appropriate ruling to correct it.
I liken these subsequent filings to someone who is a compulsive gambler who only wants to win his money back.
Although it is not an addiction or compulsion you have, you and the gambler are mistaken in not realizing that the odds are against you and that the deck is stacked.
Although not addicted we cannot be like that gambler, who does not accept reality and, therefore, continues to be busy and broke.
We must realize that we are indeed on a holodeck in a litigation vortex.
There are ways to survive, and even thrive in the "Litigation Vortex,
" but you need to learn more about the real rules of court before I can even begin to describe methods that can work in certain settings.
These methods are described in the Triangle and Two Defense section below and may be of particular interest to anyone who has ever played basketball.
The following section is designed to help you learn who your real enemy(s) is (are).
It describes who really has you turned upside-down in the centrifuge of "Courtroom, Inc." while you spin violently until every last dime is centrifugally spun from your pockets.
When I was a child, I talked like a child, I thought like a child, I reasoned like a child. When I became a man (or woman), I put childish ways behind me
. I Cor. 13: 11
The Triangle and Two Defense
Once you understand and accept that there exists a "Litigation Vortex," and that you can either be sucked or suckered into it, you also need to know what the rules are so you can survive, or perhaps occasionally thrive once you are trapped in its clutches.
, of course, is to understand you are on a Holodeck where nothing is as it appears.
, is to know that the "Litigation Vortex" does indeed exist.
, and the third principle one must know in order to survive or perhaps even thrive in a battle in the Holodeck Court, is to understand who your real enemies are.
Normally, your enemies are easy to discern. Common sense tells you that they are the ones attacking you.
For example, if you are the plaintiff in a case, then it is certainly reasonable to think that the defendant is your enemy in this legal battle.
Because you are on the Holodeck Court, however, you must continually remind yourself that things are not as they appear.
Although you are suing, or being sued by a litigant, that litigant is not your enemy.
He is also a victim of the holodeck and probably does not understand Rule One and Rule Two either.
He has almost certainly not yet learned that he is also a player in the holodeck court where nothing is as it appears.
In the Holodeck Court, to identify your true enemy you have to study and follow the real strategy of the case, which in actuality is being used against both of the litigants.
By understanding the real strategy, just like in the Wizard of Oz
, you can begin to see who is truly behind the holodeck curtain.
One of the most basic strategies the opposition uses in a civil holodeck case is what I call the "Triangle and Two Defense."
Now I know all of you basketball fans are interested.
As many know, on a basketball court their are five offensive players (the team who has the ball) and they are trying to score.
Opposing them there are five defenders who are trying to stop the offense from scoring.
The most basic defense in a basketball game is called one-on-one (or man-on-man) defense.
This is where each man on defense covers one man on offense, and vice versa when the ball changes hands.
Sometimes a team will change its tactics and go into a zone defense.
This means that each defender guards an area instead of following a opposing player around the court.
In zone defense only if the offensive player comes into the defenders' area, or zone, does the defender move against an opposing team member.
To understand who is your enemy on the holodeck court, you also have to understand a special defense used on the basketball court.
A "triangle and two defense" on a basketball court is a specific type of defense used when one or two people on offense are very talented and proficient at scoring.
In this defense three of the five defenders play a zone defense (they have their areas, or zones on the court which they cover).
This only accounts for three defenders, however, when there are five defenders on the court.
The two other defenders are assigned to guard the best or the two best players on the offensive side "one-on-one."
So in this defense, you have three defenders guarding a zone or area, and the other two defenders stopping the best player(s) on the team no matter where that player(s) may roam.
As you can see, this defense is useful when there are offensive players that could hurt the defense's team more than the other offensive players.
All right, enough about basketball 101. Now we need to equate this to the Holodeck Court.
Similarly, on the holodeck court the "Triangle and Two Defense" also exists and the defensive players also have assignments, or zones they must guard. Ulike the basketball court, in the holodeck court the judge hologram, and the two attorney holograms are guarding zones on the court of injustice. They each have a specific zone they occupy just as on a basketball court.
The judge hologram's primary responsibility, or zone is to see that the case is going in such a way that will facilitate the parts the other two attorney-holograms play (docket management, courtroom evidence admissions/exclusions, jury manipulation, witness submissions, making ambiguous decisions that call for clarification, and other methods used to prolong the case and make it more expensive, and etc.).
In summary, the judge hologram guards and defends his court room to make sure that anyone who enters his zone is either aware and compliant with the holodeck court rules, or is too ignorant to cause a threat to the holodeck's preservation.
Although the judge hologram's responsibility seems simple, it varies in detail and complexity based on the specific situations that may arise in the case.
The judge's role also varies greatly depending on who the attorneys are, especially the plaintiff's attorney, i.e., are they willing to play, either knowingly or unwittingly, by the rules on the holodeck court.
The attorney holograms are also defenders in the "Triangle and Two Defense."
Their main function, or zone is to see that the case continues on, and on, and on...with no end in sight and without the clients' ever becoming aware of the reality of the holodeck.
Additionally, the attorney holograms must keep the clients from knowing that they are not working for either party's best interest, but only for their own and for the holodeck court, which is their true source of income and repeat business.
Of course this means that the attorney holograms must help each other keep the clients from discovering that their attorneys are not working for either party's best interest, but only for their own interests, and for the best interest of the Holodeck Court.
These attorney holograms know that the Holodeck Court is their true source of income and repeat business and that it could also deal them a death blow should they disturb its smooth operation.
Although these holograms know that at the end of the game (the case) when the horn sounds (gavel drops) everyone will look up at the score and see that the deep pocket has won, the attorney holograms must keep their clients fairly emotional and in the dark during the proceedings so that the game does not end prematurely.
As the case ripens, the attorney holograms rake in their money for themselves and for the purpose of funding the holodeck's perpetuation.
The judge hologram came up through this holodeck system as a descendant-attorney of only the most select bloodlines and was promoted by the State Bar Hologram.
Once he/she has proved his/her worth by displaying his/her willingness to play by the unspoken, unwritten rules will assist in preserving the Holodeck.
This cooperation makes the attorney hologram duties and deceptions much less difficult than they may seem, unless someone from reality, who still loves the truth, and is able to identify the holodeck's hypocrisy has been sucked, or suckered into the "Litigation Vortex."
Meanwhile, the attorney holograms make sure they "check all the boxes" so that their clients have no recourse against them.
Of course the attorney holograms know that the State Bar will not look into the attorney holograms' lack of strategy in the case as a cause for discipline so they can continue their deception with impunity.
The State Bar hologram's secret dismissal system further permits the holograms to grease the litigation-vortex machine without penalty. In this way all the holograms are amply protected from public recourse, and all the holograms share in the wealth as together they continuously feed from the defenseless public trough with little risk of detection.
To make sure the case is producing maximum revenue the attorney holograms will send out some sort of benign discovery to the other side and the other side will give benign answers back.
This is known as the Holodeck Rule Four : Where there shall be no harm, there shall be no foul (otherwise known as "no harm no foul" ).
As long as everyone is cooperating in the Holodeck, the process is extremely smooth, operating just like clockwork, and without harm to the Holodeck.
Usually toward the end of the month when the billing sheets are all ready to be sent, the attorney holograms will become outraged at the "opposition" attorney-hologram's tactics.
The clients of the holograms become outraged as well because the other side is behaving so unethically.
Many motions and hearings occur during this time and the resultant bills from the attorney holograms are sent to their respective clients to be paid within 30 days.
Unlike the basketball court, whose teams utilize all five defenders, the Triangle and Two Defense in the holodeck court of injustice may not always need the two extra one-on-one defenders who are waiting in the wings, but the holograms know that such defenders are there, and ready to assist as necessary.
The first one-on-one defender is the state bar representative hologram, which claims its function is "to protect the public."
Although the bar's eye is always watching for an opportunity to continually dupe the public into thinking it stands for justice, on the holodeck court it is used as a hammer against either attorney who is either not aware of the holodeck rules and breaks one, or if he refuses to play on the holodeck court and disrupts the otherwise smooth operation of the Holodeck.
Additionally, the bar buzzards hover over their holodeck courts seeking small, innocent attorney prey to target whose demise will help the bar hologram pad its numbers in order to deceptively demonstrate its worth as protectors of justice to the duped, busy public.
Meanwhile, the attorney holograms who are working in cooperation with the other holograms are secretly dismissed from complaints by the bar hologram.
The second one-on-one defender is your state legislator hologram.
Usually rising from the Holodeck Court (either as an attorney- or a law-enforcement-hologram), and disguised as the overseer of the judges and the law, in the holodeck these "elected" officials assist in keeping the real rules of the holodeck secret and work to keep the holodeck operating properly as well.
There primary duties are to make sure the laws favor perpetuation of the holodeck, which includes protecting the judge holograms at all costs.
As you can see if any attorney does not play by the holodeck rules. whether ignorant of them or knowingly resisting them, that attorney(s) becomes the one who can hurt the defender's team the most. That is where the "and two" of the "Triangle and Two Defense" steps in and takes over.
The Bar and the Legislators will work hard to guard their man in Holodeck Law. This is usually accomplished by accusing the protectors of injustice with some heinous offense or perhaps of having some loathsome disease.
The most susceptible to this "Triangle and Two Defense" is the attorney for the "little guy" but it can also be the defense attorney as well (most applicable in criminal cases).
As you readers probably know, another susceptible party is a pro se litigant, especially if he is not aware of the Rules of the Holodeck.
It is all telling that attorneys in Virginia are not permitted to assist a pro se litigant in the Federal 4th Circuit, under penalty inflicted by the Virginia State Bar hologram. Why is this so you may ask? Understand that with any holodeck its most frightening enemy is an educated, coordinated, active public.
This trend against allowing attorneys to assist pro se litigants seems to be picking up support from the aristocrats in other jurisdictions as well, and is certainly understandable from their position.
On the holodeck, the revenue generating litigant is to be kept in the dark at all costs.
Remember that before the Civil War the revenue generating African slaves were not permitted to learn to read and write.
And finally we must not overlook that a true victim of the holodeck can also be a judge who did not want to play on the holodeck.
Several are known who have gone through, or are going through terrible persecution because they either unwittingly or knowingly have upset the unwritten, unspoken rules of the holodeck.
At one time Shakespeare's call to "kill the lawyers" meant that if evil eliminates those knowledgeable of the system, then evil could deceive the people.
Now we are learning that many of the lawyers have sold out and have become part of the deceptive holodeck, which often also include the judge, the state bar (always), and the legislature (almost always).
So now that we understand that there is a litigation vortex, and that we must be able to identify our real enemy, we must also be cautious the next time we see the defenders in the "Triangle and Two Defense" disciplining a judge, an attorney, or a pro se litigant for an "alleged" wrong.
Let us not quickly applaud in the holodeck for nothing is as it appears.
And thus the holodeck goes, only revealed to the most discerning of eyes. Yes, in the Holodeck Court of Injustice, nothing is as it appears.
When the righteous thrive, the people rejoice; when the wicked rule, the people groan.
Linda L. Kennedy, Esq.
416 London Street
Portsmouth, Virginia 23704
Telephone: (757) 397-0295 or (757) 397-0060