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Article #46

Re: EFA board member resigns

#46
From: Steve Zadarnowski
Date: Sat, 03 Feb 2001 15:05
59 lines
3474 bytes
fun@thingy.apana.org.au (David Gerard) wrote:

>Sad. It's fairly obvious that the CoS deliberately picked Jeremy
>Malcolm as their lawyer in order to take him out, from EFA and APANA.

You reckon? Well, we'll see where he goes after this.

He should have known better. His APANA experience and
knowledge was sufficient to *know* that Scientology
was on the attack at APANE, and as he elected to take on
Scientology's case against me, he would have known he was
in a position of compromise immediately.

One can hardly be a consulting lawyer to defend on
particular material and simultaneously to prosecute
on the same material. Specifically, I refer to Trial Day 4
(http://thingy.apana.org.au/~fjc/scn/trialday4.html)
which I posted in ARS. Apparently, Frank Copeland and
APANA had been under spurious attack on this long
before I posted it, and therefore, he would have been
either aware of this or even offered advice on the
matter prior to his actions on behalf of the Cof$.

>Unfortunately - particularly given Jeremy's sincere belief in
>and commitment to free speech issues,

I question his sincerity. The idea that lawyers can merely
detachedly fight for and against a particular value is a
false one. It means that whatever he personally prefers to
voice in an arena means nothing in the face of a client
request. So I can't see how he can connect a commitment to
free speech to a client representation.

"I gotta do what the client asks." - Pah.

If a client's wants do not fit with personal ethics, the
client should to be rejected on the basis that the lawyer
cannot conscientiously take on the case.

IMHO, of course. I don't see where a privately practising
lawyer is compelled to take a case. He can always refer a
potential client forward to someone who doesn't share his
personal ethics.

There are plenty of lawyers in Perth that pidgeons wouldn't
shit on (not in reference to JM) that are suitable for
Scientology. I can name names! :-)

>Other EFA, APANA or similarly involved lawyers should watch very
>carefully who comes to them as a client for this reason.

Yup.

S
---
"If it smells like a$$, its $cientology!"
"Just bum data, bum data, bum data, bum data,
 alter-is, alter-is, bum data." - LRH, SHSBC
** Let's have a Clambake! http://www.xenu.net
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From: fanjet@iinet.com.au (Steve Zadarnowski)
Newsgroups: aus.org.efa,aus.legal,aus.censorship,alt.religion.scientology
Subject: Re: EFA board member resigns
Date: Sat, 03 Feb 2001 15:05:34 GMT
Organization: ARSCC-AU
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