MyBestAdvocate.org

Advocacy through truth and revelation

Through MyBestAdvocate.org, I hope to illuminate, inspire and enlighten.

This is my blog, because I don't have anything to sell or pitch on some prefabricated website. Eventually, I might use as a way to promote a venture I've launched, or someone else's service, product or business that I like and find worthy of promoting.

It's called mybestadvocate.org, because it's general, but indicates my natural resourcefulness and willingness to help those needing it.

I also like exposing bad actors and corruption, and help identify broken systems that must be fixed. I plan to share validated examples that reveal egregious lapses by government agencies, law enforcement, businesses and services that should doing right by those they serve.

MyBestAdvocate's Blog

You might say that I'm a frustrated lawyer. Too bad I dropped out of law school in my 20s. decades have passed.

I would have made a good lawyer, and an altruistic one.

I'd be a general practice lawyer like my late father was. He called himself a country lawyer, and he was a damned good one. He was a defense trial lawyer who won nearly every case on behalf of clients most of whom were poor, black and with nowhere else to turn.

He fought insurance companies and government agencies that neglected those they were supposed to serve.

Lawyers like my father don't exist anymore. Most all specialize in areas like doctors do. Unless you're wealthy or well-connected, most folks of modest means and limited resources would have to seek relief in small claims court, or magistrate court in South Carolina, where claims and settlements are capped at $7,500. Maximum small claims amounts vary by state, from the lowest, $3,500, in Mississippi, to the highest, $25,000, in Delaware and Tennessee. And unlike suits filed in higher courts, small claims court decisions may not be appealed.

visit https://www.nolo.com/legal-encyclopedia/small-claims-suits-how-much-30031.html

Magistrates are appointed by elected office holders representing the same jurisdiction, and like 32 states, South Carolina does not require that a magistrate hold a law degree.

Filing a small claims complaint in magistrates court typically requires filing fees that vary by county.

Small claims court proceeding are more flexible to enable ordinary citizens to represent themselves and present their case to the magistrate.

The magistrate decides whether and by how much a defendant must pay to resolve a complaint, or issue a judgment that the plaintiff may try recover in some allowed a matter, or order the defendant to cure the complaint by setting a dollar amount settlement or by whatever action sought by the plaintiff. The magistrate may also dismiss the complaint altogether.

In small towns and rural communities, magistrates often have relationships with one or both opposing parties, which may influence his/her decisions. Even where conflicting interests would require magistrate recusal, more often opinions rendered are final and indisputable. Anticipating this possibility is why even the most prepared and adept pro se plaintiff would be advised to hire an attorney if for only to present the case. But for most people, this isn't an option.

Unless I'm the only one who can't find an ethical lawyer to help me with basic civil matters, then I'd say we're living in the midst of a crisis devolved to a two class society -- the haves and have not a pot to piddle in.

When our rights are violated, and we lose our independence and financial security in whatever savings we'd accumulated that was taken by swindlers, cons and fraud, we couldn't afford a lawyer if we found one.

It's a pickle.

Local law enforcement such as Sheriff's deputies frequently declare offenses by swindlers, cons and thieves amount to "civil matters," or "out of (their) jurisdiction.

Magistrates tend to side with defendants because of personal relationships.

And lawyers won't help, because there's not enough to money to gain, otherwise, they'd want a $15,000 upfront that seldom is accounted for or any portion returned.

It's a serious problem indicating something frightening, including denial of rights and protection for law abiding victims.

What use is a constitution if it only protects the wealthy and politically connected? If I get requests for help on things that I know a lawyer could and should be available to do, I will help guide people in doing for themselves what a lawyer should do. (I cannot give legal advice without getting arrested for practicing law without a license. Funny how the courts wake up when some lawyer's turf is threatened. But we can guide people in how to represent themselves Hopefully, South Carolina will one day soon enable citizens to help each other without risk of arrest and huge fines. Other states allow paralegals and citizens to help others present their cases in court. It's civilized and make sense especially in states like South Carolina where finding lawyer is like getting a membership at Mar-a-Lago. My observation about the state of our justice system is mirrored by the mockery of our US Supreme Court. In my view, it's something so critical that we, the people, must demand fixed and now.It's a joke here, in South Carolina, but nobody's laughing.So, I plan to post actual real examples of the garbage and how lawyers here have been allowed to get away with fraud, drug trafficking, extortion, abuses, and even murder. (The last time I had a blog in which I disclosed public corruption and official thuggery, I got a lot of readers, but my blog was sabotaged.) Stay tuned.

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