It's about winning.


Manage episode 300331175 series 2453550
Зроблено THE NEIL GARFIELD SHOW і знайдено завдяки Player FM та нашій спільноті. Авторські права належать видавцю, а не Player FM, і аудіоматеріали транслюються безпосередньо з сервера видавця. Натисніть на кнопку Підписатися, щоб слідкувати за оновленнями в Player FM або скопіюйте і вставте посилання на канал до іншої програми для подкастів.
Regular people think that going to court is winning a point and finding vindication in the judgment of the court. But lawyers know that going to court is all about keeping in control of the narrative. So it should come as no surprise when people feel railroaded because they know or understand that the opposition has no case against them. They still lose. Why? because they lost sight of the real prize: just winning. Not vindication and not a judgment that puts the opposing lawyer and client in jail. Just winning. Winning is all about what lawyers call the prima facie case but only lawyers understand the true nature of every prima facie case. It is only the case that has been pleaded in allegations of a well-pleaded complaint that asserts a short plain statement of ultimate facts upon which relief COULD be granted. Notice the word could is not would or will. It is could because without proof the prima facie case fails and judgment is entered for the homeowner. And that is what you want, right? So the goal of every foreclosure defense attorney is to interfere with the ability of the foreclosure mill to put on a case. See

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