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Show CITIZEN AND THE LAW THE REVIEW. Not Even Lawyers Try Variety Do-It-Yours- elf EDITORS NOTE: As todays law becomes more complex, the average citizen is often surprised at what courts can or cannot and what other do, people can do against the average citizen in civil cases. This article is the first in a series to explore some of those complexities. by JIM BALDWIN "I need a lawyer like I a hole in the head! How often have you heard that? How often have YOU said it? You may need a lawyer to handle a petty theft case as much as you need a physician to halt the progress of a bad cold. You may need a lawyer (and court decisions assert that you do) to protect you against loss of life or freedom just as much as you need a physician to perform major surgery. Under the American system of laws, you may defend yourself in a court action with a legal kit. You may purchase canned legal forms on which to draw up your own will. You may draw up your own contract to state the terms need in precisely it said. the way you want So, why not do it? Why balk at amputating your own hand? Day by day in American courts, freedom and property become forfeit for those scores of defendants (even f ' plaintiffs in civil actions) who tailed to seek trained and experienced legal help. Time after time, defendants la criminal and civil actions are the losers in a court action for no other reason that I just wanted to get it over with. I didn't know they could do that tome. Or, 'T Just didnt give it a thought. 1 wasnt even there. Each participant in any legal action in an American court must appear, or have counsel appear for him, and defertdhis.'" stifcfcefcMly folk to take into account that foijure to present a defense is to waive a defense; that failure to take advantage of establish-leg- al procedure is to sac-i- ce those benefits built into jegal procedures. A poorly prepared or unlearned lawyer, court history records, may forfeit the life, the liberty or the economic fortune of a client. Unnumbered and unmourned are those thousands of cases in which was "Justice Should he know the rules heart and have at his fingertips the scores of examples by of the use of each rule, he must nevertheless sacrifice your money or property if he fails to know the wide differences of application of the rules among eral judges. states the The lawyer must have sev- distorted or "justice denied because a lawyer failed to extend himself to his total ability or because he lacked the ability to extend himself to the extent of the need. The role of the lawyer in everyday social conduct Is as vast as are the technicalities of mans social existence. His role is as narrow and as constricted as the dictates of an established law. His role is a morass of uncertainty as to the meanings of words and phrases, whose meanings change from decade to decade or fromi one to another circumstance. His uncertainty is as certain Interpretation of any of those statutes may mean your freedom or your incarceration; they mean exhone ration before a court of loss or sever damage to your reputation in the community. Unnumbered innocent have petty criminal records in Utah because they foiled to be aware of, and failed to present existing defenses against conviction That defense is waived that is not raised. The lawyers service to his client is not limited to conflict in a court action. His service may be even more valuable in voiding court action-a- ction which may be decided by a Judicial whim or a legal technicality. It remains characteristic of our society that tne w often are so poor that they cannot employ counsel to defend themselves in civil ac- Criminal complaints tions against the poor in the largest are of Utah are defended in many cases by appointed counsel. In Salt Lake County, the poor are defended against criminal complaints, if they qualify for public assistance, by the staff of the Salt Lake Legal Defender Association. Whether or not they qualify for legal aid, whether their action be civil or criminal greatest loss is experienced by those who are Ignorant of the courts and the law; those who need a lawyer like I need another hole in the head. Damages totaling $40,000 plus costs were demanded Tuesday in a suit filed in Third Judicial District Court by Dorothy C. Gurule, plaintiff, against Edith Ann Jennings, defendant. The action alleges that the defendant was driver of an automobile which about 3:30 p.m. on Oct. 6, 1965, caused fatal injuries to Martha Gur- - 13, as she walked in a school crosswalk at 13th South and State. The complaint alleges negligence on the part of the defendant in that she drove without proper lookout; without her vehicle under keeping safe, proper and immediate control; that she drove at an excessive rate of speed at a rule, school crossing. ac- and a knowledge of how to find the court case law hidden among the millions of pages of Utah Reports (Utah Supreme Court decisions.) These and more are the functions of the lawyer and they are a small portion of his responsibilities. Like the physician, he now must limit his practical application of law to a specialized area because law is too vast even for the lawyer to understand it. So complicated is the law that rarely will a lawyer appear before a court in his own behalf, but will employ a , untouched by his involvement in his case, n more exceptional is it for a businessman, even if he be trained in law, to represent his business and risk its investments by appearing as counsel for his firm. Nevertheless, the individual may, If he chooses, represent himself In any legal action before any court of law, except thatanincreastngnumber of courts in Utah are coming to Insist on representation by competent counsel in criminal hts cases. The Many Moods Will Lucas Of It was so refreshing to open the newspaper the other day and find no mention of doing your Christmas shopping ear. not even a mention. ly Lots of advertising urgingyou to do your Easter shopping early, however. So next month we can look forward to finding all the specials for the Fourth of July. Arent holidays wonderful???? Nate Baldwin called me the other day with the final reason why the big blackout on the east coast last week it seems that the martians came down out of the skys in their saucers and pointed a very effective ray gun at the big power plants and the lights went out!!! (Now that is the most logical ex- .. ... planation yet.) For those of you who are concerned about today's popular music . . please take A ballet concert and note: dance was performed at the University of Utah featuring modern dance and modern music . . . I spoke to the music director of the Merse Cunningham dance troup, Mr. John Cage, John Cage is a musical . Judges recognize that more than 400 pages of state criminal law control personal conduct In Utah. Thousands more pages of ordinances control personal conduct in counties, cities and incorporated towns. master of die far-o- ut the music of the nowness. He has delt in the music of silthe only sound ence coming from the great auditorium comes from the aud- GIVE OLD CROW A7 wrapped in GoodlYIsliCN Lawsuit Claims Drink MissidTlie Spot damage suit seeking $15,-0was filed in Third Judicial District Court Monday by a Salt Lake City man who may have had an old Pepsi -- Cola radio commercial m mind when a bottle of the beverage hit the spot at the home of a daughter. Lyman F. Zirker, 1092 Dupont Ave., in an action filed against the Pepsi Cola Bottling Co. and Arden Mayfair (May-fa- ir Market), alleged that on A August 11, 1965, he was about to consume the drink for those who feel young when he felt something firm, slimy and elongated in his mouth. He observed in his glass, Mr. Zirker alleged in the action, what appeared to be a worm. long caterpiller-typ- e He saw a similar substance still in the bottle. Mr. Zirker said in his suit that he became violently ill and since that time has suffered severe traumatic psychosis in regard to the drinking of 00 Important Do you apply the same amount of fertilizer for all crops each year? Do you use a complete fertilizer every year when maybe all your ground needs is nitrogen? A soil test will guide you to apply the fertilizer that is states OLD all beverages. He asks $15, 000 damages for a serious permanent psychotic injury as a result of defendant's breach of warranty for fitness as a food product and negligence in allowing it to be sold in an adulterated condi- Soil Testing Burn-ingha- CROW twaioht wovaw WIUMn tion. KflltfGCV STVAJGMl MelvinS. U.S.U. Extension in Salt Lake County. Now Is the time to take soil samples of your garden, form or even lawm to have it analysed for plant food de- needed, cess to Ilie lsV0'1 a decision lnhisfakor. There are many, however, who to hfirve as is me Knowledge we have today of the intent of those who wrote the law yesterday. His role when he represents you is to deprive another of what he believes is yours; his role when he represents another is to deprive you of what he believes belongs to the other -- in terms of law. The lawyer is restricted as to how he may achieve lawful ends. Like the gladiator in the arena, he is provided with and acceptable established weapons which may be applied within previously established periods of time according to established of prorules cedure. To defend 'rour interests, he must know nat is legally acas evidence and ceptable this may, and often does, differ widely from what his client may cpnsider properly acceptable as evidence. The lawyer must know contrasting rules of courtroom behavior. In civil cases, he must know and apply, at the appropriate time, the proper excerpt from any one of the 180 pages of the Utah Rules of Civil Procedure. November 18,1965 MVttOt VSI(t M 00 ItSHUI U! KUltMTI Write or call our offlca for your free copy of our 20 page illustrated booklet describing the aervicee and facilities avaitabla to Invastora. ficiencies or excess of some of the harmful elements. A soil sample sent to the Soils Laboratory should be taken correctly because the analysis return is no better than the accuracy o f the sample sent to the Samples laboratory. should be taken of soil from 0 to about 8 inches deep with the same amount of soil taken at the surface as is taken at the 8 Inch level. The sample should be a composlt sample taken from a dozen or more places over the field. A person should take a representative sample not just the poor areas or the good areas of the field. Name. Address. l ! Schwabacher&Co. Members New York Stock Exchange Pacific Coast Stock Exchange & other leading exchangee r Ex ws O -U -"I j 1 i 80 South Mala Street, L- . Salt UkClty . Elgin ;1 3 .Open Saturday Moraines i I :s ience . . . and the dancers dance to the rhythm of the movement and coughing in the The crowds watching . . concert at the University of Utah featured the music of metal ashtrays scrapping across panes of glass HI John says that during the course of such a concert he loses about half the audience but then . . . they walked out on Bartok too!!! It's Just Minutes to Midvale to: EARLS HOME FURNISHINGS ANNUAL II US. ... KALL Radios news direc- tor, Bruce MiUer, Is going over to Viet Nam with Congressman King to try and find out if the folks back home, are getting all the news that they are entitled too. Its a mission to help safeguard the peoples right to know. There is nothing to the rumor that King wiU be taking along a case of mini bottles of water for the troups. It is a rumor isnt It????? 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