Unlike recent NJ law, Pennsylvania seems to be moving in the right direction…
Jan 29th, 2008 | By Michael L. Saile, Jr., Esq. | Category: Blogs, New Jersey Injury InformationUpdate: The Pennsylvania legislature has ended the legal fee tax bill before it was made PA law. This is a good move by the PA legislature. It will ensure that individuals who want access to our court system can afford the lawyer of their choice.
Adding a sales tax to a legal fee may prevent or make our constitutional right to a jury trial more difficult to pursue. This is not fair. Thumbs up to Pennsylvania!
The author of this Blog, Philadelphia car accident lawyer, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law focuses his practice on fighting for plaintiffs’ personal injury and car accident victim’s rights in both Pennsylvania and New Jersey. We handle all serious injury cases including, car accidents (both limited and full tort), wrongful death, slip & fall downs, construction accidents, Septa, NJ Transit, and other cases other cases. We are located just outside of Philadelphia in lower Bucks County. We also handle Philadelphia plaintiffs’ personal injury and car accident cases. Please visit our personal injury only website at www.pa-nj-injurylawyer.com for more injury information.
or attorneys could of just lowered there fees, and then added sales tax.
i think we all know that most lawyers do not want to really use the law and work to the degree needed to fight tooth and nail in front of a bench or jury.
a jury trial, that will run a person in nj 10k for the lowest type of cahrage, a 5th degree crime, or upwards of 50k for a 2nd degree crime, or higher for murder charges.
when you are talking about a working class citizenship having to pay this kind of money to defend themselves against charges they are innocent of, ( or why plead not guilty) then why difference does it make, they are going to have to take out loans, cash out 401k’s, mortgage their homes ect….
the fact is, as i said, the attorney could lower this arbitray fee as nercessary, to a degree, on a case by case basis, put the tax money in a hjigh intrest account, to cover the loss.
sure, its slightly extyra work for the attorney to have this program of paperwork and financing…, but i do not see it as a big deal, especially since most attorneys try to get away with doing nothing at all in most of their cases.
you know why i feel that attorneys try to do as little as possible. you should have a sense of why i feel that way.
i am idealistic, but i feel attorneys have an obligation, once hired, no matter what the fee is, to go after a case, a defense, with full zealous and fury, passion and unrelentless fighting on the law.
but because of the system, defense attorneys, having a high education, are treated with a degree of respect by prosecutors and courts, and out of this venere of legal education, comes a system of back room deals, trying cases in hallways, and determining innocence or guilt, not based on the law, but what the prosecutor ands defense can hammer out in a back room… but this is really not what the system should be, nor what people pay for when they hire an attorney to defend charges for which they are innocent of.
the Chun Order as it is called, the bj supreme court order of jan 10th, 2006, is si simple a child could understand it.
The State was ordered to proceed to trial in all alcotest dui cases, enter the bac reading into evidence, have the officers testify, cross examined by defense, and the defense put up witneeses and possibly defendant terstify, then upon a finding of guilt, an alternate finding of guilt be made, if possibe, if not, case dismiised, if so, execution of sentencing stayed until such time a reliability heraring can be done.
it is that simple.
there is absolutley no reason i have had to make 13 appearances over 30 months…. the burden is 100 percent on the State to comply with this order.
now, for my former attorney not to have made the arguments i paid him to make is probably criminal, ,and goes to my argument attorneys do not want to do the work they were paid to do…
however, it does not prevent me from moving to dismiss based on speedy trial, as the burden is on the State to trial me,
i also want to argue the prosecutor taken into custody, suspended from proisecutijg cases, and an investigatioon take place as to how many counts of contempt he should be charged with, .. as i know i am not the only defendant in this court who’s rights have been violated by this prosecutor.
TO SOME DEGREE MONEY COULD BE RECOUP THROUGH HIGH INTREST ACCOUNTS , THAT THE TAX MONEY WOULD GO INTO, THE ACTUAL AMOUNT COULD BE DETERMINED MATHEMATICALLY BY HAND OF WITH SOMNE KIND OF FINIANCIAL SOFTWARE,
but certaintly, lawyers would have made money on the deal, and this money could of be giving back to clients on reduced fees, thus the attorney breaking even, and the client, really paying no more
Thank God! Enough of all this taxation! Thank God the Powers that be in Pennsylvania voted this bill down.
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