Chapter 6: The Truth, the whole Truth, and nothing but

Judge Judy

Matthew 34

33 “Again you have heard that it was said to those of old, ‘You shall not swear falsely, but shall perform to the Lord what you have sworn.’ 34 But I say to you, Do not take an oath at all, either by heaven, for it is the throne of God,35 or by the earth, for it is his footstool, or by Jerusalem, for it is the city of the great King. 36 And do not take an oath by your head, for you cannot make one hair white or black. 37 Let what you say be simply ‘Yes’ or ‘No’; anything more than this comes from evil.

**********************

After I started practicing law, I learned the hard way something that was not taught or even discussed in law school. It was, after a new client with a contested legal matter came to see me, I should very definitely talk with everyone else who might be involved - the other side, the other side's lawyer, the potential witnesses - because nearly every time there was more to the story than my new client had told me, and there was more to the story than what the other side and the other side's lawyer had told me. The very last place a lawyer's client wants the whole truth to come out is during a trial, and the whole truth is not favorable to the client. 

Something else I learned after I started practicing law, which was not taught in law school, was that when a client came to me, I had to get the client and me on the same page, otherwise some popular acronyms were very likely: WTF, SNAFU, FUBAR

In that vein, this happened after I accepted Facebook's invitation to boost this on a new Facebook page I had created for this unfolding book, and in that way received the first legal case arranged for me by God after I reactivated my Alabama law license recently:

The Yin and the Yang of the Law- the unicorn and the lawyer · 
I am writing a new book at its own blog - free read, no ads,  - about my early upbringing and a becoming a lawyer, and my slow migration to preferring an internal (yin) approach to legal approach to legal problems over the external (yang) approach

yinandyangofthelaw.blogspot.com 

 

Joseph

Can you make a chapter catalog how an attorney takes 4500 dollars from me a client after 14 months does nothing in court but watch me be destroyed. Threw me out the window found no defense and did nothing to counter the prosecution

The Yin and the Yang of the Law- the unicorn and the lawyer

A few times, when I felt someone who asked me to investigate their lawyer had been misrepresented in a civil legal matter, I referred the person to the state bar association to file grievance complaint against their lawyer, and the lawyer didn’t like how that went.

My question to you is, were you innocent and wrongly convicted? That happens sometimes, unfortunately.

I once had quite a few inmate pen pals, because of two books I wrote. Of them, I felt one was set up and framed. He was trying very hard to get closer to God, but not in a religious way. After he was released, he dedicated his time to trying to help inmates who had poor legal representation. His name was David Norman.

Joseph

The problem I have is I paid this guy to represent me. In 14 months he literally did nothing. I was found guilty without testifying because my lawyer told me not to. So a black judge with a alleged black victim had a field day laughing and joking at my expense. I was convicted of a misdemeanor for criminal damage. My attorney told me for 6 months he intended to file a motion to force the victim to not testify. I was assaulted by the victim because he claimed I scratched his car. There are no witnesses just him and me. He attacked me 4 times. My lawyer did nothing regarding filing any charge after the victim testified he shoved me to the ground repeatedly. His excuse was well we failed to in not getting him to testify. Meantime he tried some dumb rule 20 motion the judge denied. All this after he insisted I not testify. I am innocent I was not represented in my best interest. I never got the chance to defend myself. He never he tried to challenge the 911 call. I called the police because I was being attacked.

The Yin and the Yang of the Law- the unicorn and the lawyer

Your accuser attacked you 4 times for no reason? Did you file assault charges against him after he assaulted you 4 times? If not, why not? Every lawyer and judge I have known would wonder and ask that. And, was there a police report? If so, did it say anything about a scratch on your accuser's car?

I know of no legal way your lawyer could have forced your accuser not to testify. When your accuser testified, did he show the judge a photo of the damage he claimed you did to his car? If he did not present a photo of the damage to his car, which he claimed you caused, any judge I knew when I practiced law would have ruled against him. If there was no photo of the damage in evidence, I think that should be reviewed by your state judicial board, and you could file a complaint with them, but they might be skittish, if you did not file assault charges against your accuser. 

I cannot imagine why your lawyer did not put you on the witness stand and have you tell the judge your side of it. Where I practiced law, judges and lawyers viewed swearing matches as "dog falls", and judges left the parties where they found them - no relief to either side.

I have some friends who might suggest you hire someone to break your lawyer's knee caps. However, that could cause you a lot more trouble. Assuming you did not damage your accuser's car and did nothing to provoke him to attack you, you could file a bar grievance complaint with your state bar association against your lawyer and ask that he be disciplined for lousy representation and he return your $4,500. 

 

Joseph
The Yin and the Yang of the Law- the unicorn and the lawyer there is a police report. I was cited for criminal damage. Only problem is the car is so weather beaten the paint stained white salt Marks all over there is no telling if that scratch was there all ready or not. There are no witnesses. Just me and him in the dark very dark parking area. He even told the police he heard a noise that sounded like scratching on his car. He thought it was a bird. I tried to tell him I was wiping off the bird mess on his trunk but he attacked me shoved me to the ground 4 times. I was hurt bleeding concussion my right knee twisted badly under me yet I got cited. Which was dropped originally then refiled to a more serious charge.

The Yin and the Yang of the Law- the unicorn and the lawyer
Was what all he did to you in the police report? How long ago did this happen?

Joseph
The court hearing was last week. The incident happened 14 months ago.

The Yin and the Yang of the Law- the unicorn and the lawyer
Again, was what the guy did to you in the police report? Was what he did to you put into evidence by your lawyer during the trial? Your lawyer did not call you to the witness stand? For real?

Joseph
The police reports showed he attacked me repeatedly. The body cam which was never entered into evidence showed my injuries. The police explained to me after it took them 22 minutes to show up he had every right to defend his property. I explained my position and why I went behind his car. The black cop only heard what he wanted to hear from the black victim. The original charge from that night was dropped. 2 weeks later it was refiled to a more severe charge. Somehow the victim claims it will take 2000 dollars to paint the scratch out of the trunk. My lawyer specifically told me to not to testify. He stated it would do me much harm. I protested but to no avail. The judge never heard my side ,now I cannot get him to return my calls. I want to file an appeal and cannot get that done either.

The Yin and the Yang of the Law- the unicorn and the lawyer
Who will not return your call?

Joseph
My lawyer. So far I have called twice no return calls.

The Yin and the Yang of the Law- the unicorn and the lawyer
If you don’t have a copy of the body cam videos, go to the police station and get them. Do this asap. Hopefully the cams have not been destroyed

Joseph
The Yin and the Yang of the Law- the unicorn and the lawyer I dont know if the body cams are still available without a subpoena. My lawyer never introduced them despite me asking. They played a copy of the 911 call in which you can hear me yelling and being threatened repeatedly by the victim and 2 others. All I am trying to do is file an appeal. Writing to the judge is useless. She is black and I am not.

The Yin and the Yang of the Law- the unicorn and the lawyer
Your lawyer did not get copies of the body cam?
I’m having a really hard time understanding why the other guy attacked you four times.

Joseph
He did not get copies If he did he never presented them in court. The victim claims I scratched his car so he was justified in attacking me. Sadly he never saw me scratch his car only heard what he thought was scratching sounds. I tried to explain to him what I was doing. There was a large crow on the back of his car digging at something. I tried to chase it away and clean up the bird mess. He testified that he heard what he thought sounded like a bird scratching his car.

The Yin and the Yang of the Law- the unicorn and the lawyer
Joseph Inserra The law does not allow the degree of force you have described to defend a motor vehicle under the circumstances you have described to me. I think you should write all of this down in time order it happened and present it to the chief judge of your local courts, the local chief of police, the local elected district attorney, in some states called the state attorney, your state bar association, your state judicial commission, the FBI, the local US Attorney, the ACLU, showing copies to all of them, and state you have not shown it to the news media - yet. You may state in what you write that you were advised to do that by an attorney you met on Facebook, to whom you described it. If you go at it in that way, and based on what you have told me, your life and your loved ones lives may be put at risk, and you should ask both federal and local law enforcement for protection.  

 

The Yin and the Yang of the Law- the unicorn and the lawyer
If you wish, you can use your and my discussion here in presenting your case to whomever you wish to present it. If they want to know who I am, I'm Sloan Bashinsky. I live in Birmingham, Alabama. I am licensed to practice law in Alabama. I'm still having a really hard time understanding why you were attacked 4 times, and you stuck around; and I'm having a hard time understanding why the cops did not charge the other guy with assault and battery.  

 

Joseph
Thank you for all your help. I texted my attorney today got no response. Now I will complain to the top 2 lawyers. Mayes and Tellez. I am the one who called the police. I had to stick around because I was on the phone with the 911 operator. It took the cops 22 minutes before they found us. In that time frame the 911 operator and the call you can hear alot of screaming and shouting. You can hear me being threatened by one of the tournament directors I was hurt. Bleeding from both hands and arms. Concussion from hitting my head on the ground my right knee was swelled up twice its normal size. I stayed in my car until they finally showed up. The black cop went to the black victim. I talked to the mexican female and the white cop. Some how the black cop came back to me and stated he the victim had every right to attack me because he was defending his property. So I got cited for criminal damage. This is the one that got dropped but was later refiled at a worse charge meantime I am having knee problems I have scars on both hands and arms and yet I am the bad guy. The victim did not get charged because of what the cop told me. Again there are no witnesses. My word against his. I am at a loss as to why I had to take a conviction with so much doubt involved the judge never heard my side of things. I don't know what to do to get an appeal and get this lawyer off his behind.

The Yin and the Yang of the Law- the unicorn and the lawyer
You're welcome. And yet, all of the above said and considered, this boosted post to which you responded and the new book I am writing at yinandyangoflaw.com are about taking a departure from the traditional outward (yang) approach to legal conflict, and turning inward and taking a yin approach. So please try to bear with me while I try to answer your last question: Why you are at loss...

First though, what kind of tournament? Did I miss that before?

Now consider the approach that legal conflict contains spiritual messages-lessons for the person enduring the legal conflict, and if that is not addressed, then the messages-lessons are usually missed. If you think karma actually exists, which it very much does, then if the messages-lessons are missed, they will present themselves again, and again, until they are addressed and embraced. Either in this life, on this world, or in the next life on this world, or somewhere in time and space.

The case you have described to me is really bizarre and I'm sure has and will continue to cause you a great deal of anguish.

I remain puzzled why you did not file assault and battery charges against your assailant. You do not need a lawyer to do that. You ask the police department to do it. You ask the district attorney to do it. You do not go get a lawyer to do it. You at least try to stand up for yourself on your own two feet. Unless perhaps, deep down inside, that is not what your soul wants you to do. It wants you to learn something you need to learn. But what could that be?

The crow shitting on your assailant's car is a very important character in this story. For throughout the ages in traditions that have not lost entirely their connection to God, or whatever started everything, the crow is a messenger from above, from the gods, from the spirit realms. So, a crow shitting on your assailants car was a very serious spiritual message-lesson for your assailant, and yet, that still looks outward, away from you, and misses the message-lesson meant for you from your soul, God, the Spirit Realm.

So, I wonder how your assailant, the police, your lawyer and the judge, who all seem against you, are trying to tell you something about you, which you really do need to figure out somehow and deal with, and it probably will not be any fun for you, but if you don't do it, then, it will come back around in some way shape and form and time and space. You can count on that.

So, I wonder again what caused your assailant to attack you four times?

More deeply, I wonder how these people who are against you might represent people in your past, who were against you and you did not resolve that satisfactory for your soul then?

I wonder if each of those people represent aspects of yourself, which you do not recognize yet, or want to recognize?

Jesus in the Gospels said something profoundly important: First take the beam out of your own eye, and then you wil see clearly enough to take the speck out of your brother's eye.

Jesus also said to turn the other cheek, and perhaps if you simply do that in your case, in some mysterious way you will make a spiritual leap your soul wants you to make.

Yet, the way I came to understand this yin way of dealing with legal conflict, more is needed. It is important to delve into ourselves and our history and come to terms with all the characters in ourselves, who are represented by the people causing us grief.

That is what the new book is about, and if you look at other people's comments to this boosted post, you see there doesn't seem to be much interest in that approach, even though here are the words in the "teaser" for the post:
"I am writing a new book at its own blog - free read, no ads, - about my early upbringing and a becoming a lawyer, and my slow migration to preferring an internal (yin) approach to legal approach to legal problems over the external (yang) approach."

If you wish to speak with me on the telephone, thus privately, then send me an email and I will send you my phone number. I do not charge for spiritual counseling. I think what you have endured so far is the basis and opportunity for a very large spiritual shift for you, but what that is, how it might play out, I cannot say. That is something that will reveal itself in time, if you are willing to give it an opportunity to do that. sloanbashinsky@yahoo.com

Joseph
I did not think to file charges on my own. My lawyer had this grandiose idea that he would file a motion at the last minute against the victim claiming that If he testifies he would have to admit in assaulting me. Then he asked to have a public defender available to advise him not to testify. That failed as well he testified anyway. 
We both are baseball umpires. We were working a kids baseball tournament Martin Luther weekend 
My email is ...............@yahoo.com I feel like I got cheated now a conviction as my attorney failed repeatedly.

The Yin and the Yang of the Law- the unicorn and the lawyer
Well, did your lawyer ask him if he assaulted you? If so, what happened next? This telling gets stranger and stranger. From traditional law perspective, I think you need a new lawyer in a different law practice, which will cost you more money. I think you need to report your current lawyer to your state bar. I don't know enough about the trial to advise about the judge that presided. I still don't now why, or how, your assailant attacked you 4 times. What were you doing that allowed that to happen? I would have gotten into my car and locked the doors after the first assault, if I intended to wait on the police to arrive.

 

Joseph

My lawyer did not ask him if he assaulted me. He asked if he pushed down. How many times? The victim lied but was never forced to admit assaulting me. I tried to make it back to my car each time I got up off the ground no easy feat he attacked me again and again. I called him a few choice words tried to calm the situation but he just kept coming until I could not get up any more. 

 

The Yin and the Yang of the Law- the unicorn and the lawyer
You have photos of your injuries? Were you treated medically and do you have those reports? If so, did your lawyer put those photos and reports into evidence during the trial?
How long after the assault did you hire the lawyer?

 

Joseph

I met with the firm the next day. They took many photos that were never presented. I did not get medical reports as I had to wait to see the doctor. 

 

The Yin and the Yang of the Law- the unicorn and the lawyer

The law firm did not tell you to go straight to the police chief and the district attorney? And to a hospital ER ? File a bar complaint. Did you file a complaint with your umpiring association? The assailant is still umpiring kids baseball? 

 

Joseph

Yes he is and I got fired from that association. Part of the personal Injury law suit I am trying to file but cannot get anyone to listen or represent me. The attorney took pictures but nothing else except want 2000 dollars up front. I tried to get into the e r twice but was told to make and appointment because of covid. I ended up seeing doctor friend of mine who treated the cuts bruises and the lumps. He wants to do stem cell on my knee soon from the damage. The concussion healed on it's own. 

 

The Yin and the Yang of the Law- the unicorn and the lawyer

You got beaten up and were fired from umpiring? Pardon my French, your case reminds me of the military phrase, FUBAR. I don't see how you can win a civil damage lawsuit after losing the case you have described to me. How did your assailant convince the judge that you had damaged his car? Were photos of the damage introduced into evidence? If so, who took the photos? Did you get blamed for one scratch, two scratches, three, all the scratches and dings on the car? Did your assailant file an insurance claim? Have you considered moving somewhere else? 

 

The Yin and the Yang of the Law- the unicorn and the lawyer

All that you told me about your case set me to ruminating last night. Yours is the first legal case to come my way after I reactivated my Alabama law license. So, in my way of perceiving, your case is a message to me from God. If all you told me is true, then you have described a case that is possessed by the Devi, literally. The more you fight it, the more increasing risk to possession you are. I think the safe approach for you is to start at the beginning and write the entire story down, print it out on paper, sign it before a Notary Public, make copies of that and save it on thumb drives, and make it part of a bar complaint against your lawyer and present it to the chief judge in your local court, if that is a different judge from the judge who presided over your case, and file it with your state judicial commission, and with your local district attorney, and you try to get on with you life.  

I boosted this post as a test partly, to see what kind of traffic that might bring to the new blog where I am writing chapter at a time, The Yin and the Yang of the Law - legal conflict is spiritual message. There has been very little traffic at that blog, which tells me there is very little interest in that approach, so far. That yours was the first legal case God arranged for me to take on after I reactivated my law license is a message from God about just how tangled with the Devil the American legal system is. I saw that first hand in a case involving my father's affairs, which dragged on for three years and still drags on, although I was let out of it recently. I saw the same thing in other legal disputes I was dragged into since 2000, which involved other people, and sometimes me, too. I seemed to be their legal counsel provided to represent them in God's Courtroom, where everyone involved, including me, was on trial. No human law license is required to do that kind of legal work, and while it helps to have practiced law, it is not required.

Now in case someone might wonder if I got the entire story about Joseph and his lawyer and the other umpire, what hangs it all up for me is what provoked the other umpire so much that he attacked Joseph four times? I can't imagine Joseph trying to wash crow shit off the other umpire's car caused four attacks. 

Now, in case someone might wonder if I got lots of kudos for boosting this new book on Facebook, the answer is I got lots of angry comments about putting spam on people's Facebook feeds. 

For example:

Mark

Why the fuck is this shit on my feed?

Anomalous-unusual happenings 

 

The Yin and the Yang of the Law - the Unicorn and the lawyer 

Well, I put this post on this FB page and FB invited me to pay it money to boost the post, so I paid FB money to boost the post and its algorithm chose people to receive it. It's been my experience with FB that its algorithm chooses what appears on my personal FB feed and that could be viewed as spam, since I didn't ask for it to be posted in my feed. 

 

On the Alabama Bar exam, we were asked to discuss: “Smut is a legal nut to crack.” That was a 1st Amendment question I had studied in law school. A U.S. Supreme Court Justice had written in an opinion that he knew pronography when he saw it. I wonder what it would be like for him to return from the dead and spend a little while on Facebook and watching Hollywood, Prime and Netflix movies?

However, all was not dreadful at the boosted post, such as:

Erin
How interesting you answered a question back with a question?
I love legalese...so , tell me true without any poo..how do you do the magic, that you do?
Uncle rothie stacks at your front , and your back ?
And do you propund that
" selective incorporation " is yin or yang to the judiciary gang...?
That makes their pockets jingle, like ' ol Kris kringle?
I'm just the " Thorn" presenting, from the bottom representing ...

The Yin and the Yang of the Law- the unicorn and the lawyer
Alas -
The Facebook AI pretends it's human.
Your question, did not I see.
Please resubmit,
Perhaps AI defenders will let it pass
though its immortal coil,
and I will try to answer,

Erin
Hmmm, I made a poem about selective incorporation and no they don't like me it's not you...

The Yin and the Yang of the Law- the unicorn and the lawyer
Ah, so,
how many times the Mother Ship snatched me,
kept me a while,
poked and prodded my being,
scanned my mind, thoughts, dreams, memories -
then wondered why they'd done that again?
and beamed me back down.
wonder what court would hear that soap opera?

 Such as:

Petera

Good luck!

The Yin and the Yang of the Law- the unicorn and the lawyer
Gracias, and perhaps I should be careful what I ask for? 

sloanbashinsky@yahoo.com