Cycling and bicycle discussion forums. 
   Click here to join our community Log in to access your Control Panel  


Go Back   > >

Foo Off-Topic chit chat with no general subject.

User Tag List

Reply
 
Thread Tools Search this Thread
Old 03-23-05, 08:06 PM   #1
J-McKech
What?
Thread Starter
 
J-McKech's Avatar
 
Join Date: Oct 2003
Location: N. Tx
Bikes: Bianchi Brava(retired), Surly Instigator(retired)
Posts: 1,650
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
HUGE law debate question with friend

Alright, I got into with a friend of mine. She's says she can have ANYONE she chooses to represent her in a court of law, it doesn't have to be a lawyer. It was my understanding that only an attorney who has passed his bar exam who dispense legal advice and thus represent an indiviual. This conversation went on and on and it digressed into her saying she could have someone do surgery on her even though they weren't a doctor but I'm pretty sure thats againest the law as well. Only a licensed doctor could perform surgery. Can anyone shed some light on this and some proof would be awesome. I'd love to shut her up.
J-McKech is offline   Reply With Quote
Old 03-23-05, 08:30 PM   #2
Funkychicken
mmm... chicken!
 
Funkychicken's Avatar
 
Join Date: Aug 2004
Bikes: 04 Kona Blast
Posts: 668
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
over here we have something called the "supreme court rules" and "the supreme court act" that deals with these sorts of things. I'm sure you guys have it too for texas. try an online law site like Lexis Nexis and read the legislation.
Funkychicken is offline   Reply With Quote
Old 03-23-05, 08:31 PM   #3
Maelstrom 
Wood Licker
 
Maelstrom's Avatar
 
Join Date: Apr 2002
Location: Whistler,BC
Bikes: Transition Dirtbag, Kona Roast 2002 and specialized BMX
Posts: 16,885
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
I think you can use a stundent under the supervision of a lawyer. I don't think you can pick any tom dick or harry.
Maelstrom is offline   Reply With Quote
Old 03-23-05, 08:44 PM   #4
ZackJones
On Your Right
 
ZackJones's Avatar
 
Join Date: Mar 2003
Location: Warner Robins, GA
Bikes:
Posts: 1,422
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
I'm not a Lawyer, nor do I represent one on the Internet I believe your friend is wrong. An individual may represent themselves in court (Pro Se representation) but I do not believe one has the right to have anyone they want represent them.
__________________
"You never fail, you simply produce results. Learn from these" - Anonymous
ZackJones is offline   Reply With Quote
Old 03-23-05, 10:14 PM   #5
Allister
Devilmaycare Cycling Fool
 
Allister's Avatar
 
Join Date: Aug 2001
Location: Wynnum, Australia
Bikes: 1998 Cannondale F700
Posts: 3,819
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by ZackJones
I'm not a Lawyer, nor do I represent one on the Internet I believe your friend is wrong. An individual may represent themselves in court (Pro Se representation) but I do not believe one has the right to have anyone they want represent them.
Does that mean you're allowed to do surgery on yourself too then?
Allister is offline   Reply With Quote
Old 03-23-05, 10:40 PM   #6
caloso
Packfodding 3
 
caloso's Avatar
 
Join Date: Jul 2002
Location: Sacramento, California, USA
Bikes: Ridley Excalibur, Gazelle Champion Mondial, On-One Pompino, Specialized Rock Hopper
Posts: 34,101
Mentioned: 10 Post(s)
Tagged: 0 Thread(s)
Quoted: 244 Post(s)
In California, like most civilized jurisdictions, only a licensed attorney may represent another in a court. A person may represent himself, but as Abraham Lincoln said, he has a fool for a client.

I don't know about Texas. I suppose it's whatever Judge Roy Bean says.
caloso is offline   Reply With Quote
Old 03-23-05, 10:45 PM   #7
BostonFixed
Banned.
 
Join Date: Oct 2004
Bikes:
Posts: 4,416
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by Allister
Does that mean you're allowed to do surgery on yourself too then?
I don't see why not. Much in the same way that i'm allowed to treat my own wounds, or beat myself senselessly over the head with a handlebar...
BostonFixed is offline   Reply With Quote
Old 03-23-05, 10:49 PM   #8
slvoid
2-Cyl, 1/2 HP @ 90 RPM
 
slvoid's Avatar
 
Join Date: Oct 2003
Location: NYC
Bikes: 04' Specialized Hardrock Sport, 03' Giant OCR2 (SOLD!), 04' Litespeed Firenze, 04' Giant OCR Touring, 07' Specialized Langster Comp
Posts: 15,762
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by Allister
Does that mean you're allowed to do surgery on yourself too then?
I dug out an ingrown toe nail with the knife on my multi-tool once. It wasn't pretty, and the resultant infection and even bigger puss filled blister wasn't pretty to pop either. But here I am, ingrown toenail gone and i've only lost feeling in half my toe.
slvoid is offline   Reply With Quote
Old 03-23-05, 10:52 PM   #9
forum*rider
Work hard, Play hard
 
forum*rider's Avatar
 
Join Date: Dec 2003
Location: San Diego, California
Bikes: Cannondale super V 500, Bianchi Piaggio(hopefully getting a new road bike when I get some money)
Posts: 2,596
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
nice slvoid
forum*rider is offline   Reply With Quote
Old 03-23-05, 11:02 PM   #10
snowy
Beauty Everywhere
 
snowy's Avatar
 
Join Date: Jan 2005
Location: Colorado
Bikes: 2006 Giant Anthem, Specialized Dolce Elite 05
Posts: 2,596
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
She is wrong, only a lawyer can REPRESENT someone in the court of law. A person can represent themselves but that is totally different. I know this cause I'm a Paralegal in a lawfirm and we as a Paralegal cannot be on record as representing someone. You have to have a law degree. I cannot give advice either. So tell her sorry but she is wrong.
snowy is offline   Reply With Quote
Old 03-23-05, 11:39 PM   #11
Guest
Guest
 
Bikes:
Posts: n/a
Mentioned: Post(s)
Tagged: Thread(s)
Quoted: Post(s)
Ditto. I worked in a law firm for years. Attorneys have licenses to practice law, and without your license, you cannot practice law. People can represent themselves in court, but they can't get some fool off the street with no license to represent them in court. Attorneys are specialized, they went to school, and they got licenses. Without a license, they are not even allowed to practice, which is why it's so important for them to keep up with their license fees and maintaining their license. I had to go to court once because my attorney was running late and the client was about to go before the judge. I stood with the client, and when the judge asked who I was, and I told him I was the paralegal, he totally dismissed me. I couldn't even talk for my attorney, who luckily, arrived just in time to take over.

Koffee
  Reply With Quote
Old 03-24-05, 05:32 AM   #12
ZackJones
On Your Right
 
ZackJones's Avatar
 
Join Date: Mar 2003
Location: Warner Robins, GA
Bikes:
Posts: 1,422
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by Allister
Does that mean you're allowed to do surgery on yourself too then?
Yes, absolutely. My family has a long history in the medical career field and if I need assistance during the procedure I'll call my sister.
__________________
"You never fail, you simply produce results. Learn from these" - Anonymous
ZackJones is offline   Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -6. The time now is 04:29 AM.