Wednesday, October 27, 2010

Lawyer's October 23 Response

  You'll see here the all-too-typical robotic, dispassionate thinking of many lawyers in Taiwan. When he says "You know that the judicial decision is not always about 'justice.' Evidence rules," what he really means is that whichever party the judge is biased toward (or bought off by), their evidence rules, even when the credibility or accuracy of it is questionable and the other party has substantial evidence to the contrary.
  My lawyer also failed to mention that judicial decisions in Taiwan based on "evidence rules" also include only allowing the favored party to testify in court, silencing the other party so that the balance of evidence is seriously skewed (and flawed) so that it appears to outside observers that the judge has made a sound decision. Such is my situation with this judge.

Mr. Diggs,

  It is your own responsibility to decide whether or not to settle. The judge does not have the authority to force you to compromise. However, he does have the authority to rebut all of your claims, even you feel it unjust.
  Accordingly, my obligation is to analyze your legal position and suggest you the best strategies. Given the judge's clear intention, it's definitely better for you to settle than wait for the disfavorable verdict. Besides, since you do not have any bargaining power at all in this case, you should be realistic and not to expect the opposite party will admit they were "wrong" officially. Frankly speaking, if you can get any of their compromise, even a little, you should feel lucky.
You know that the judicial decision is not always about "justice." Evidence rules.When a witness asked to subpeona by a plaintiff or her/ his lawyer testified against her/ him, the plaintiff is in a very disfavorable situation. The judicial system in Taiwan is not perfect. But I do not think any other courts in a constitutional state would have a different rule.
  I respect your endeavor so far. Since you decide not to settle, I've applied an interpreter for you to protect your right to suit. See you next Thursday.

Regards,

Attorney Tu


No comments:

Post a Comment