"...no exalted villains above the control of our laws ..."

The Wisdom of Native Americans

Vs. American Law

“In the government you call civilized, the happiness of the people is constantly sacrificed to the splendor of empire. Hence the origin of your codes of criminal and civil laws; hence your dungeons and prisons. We have no prisons; we have no pompous parade of courts; we have no written laws; and yet judges are as highly revered among us as they are among you, and their decisions are as much regarded. We have among us no exalted villains above the control of our laws. Daring wickedness is here never allowed to triumph over helpless innocence. The estates of widows and orphans are never devoured by enterprising swindlers. We have no robbery under the pretext of law.”

• Joseph Brant (Thayendanegea) Mohawk
  

Upon reading the above quote I was struck by its simple truth. This quote is oh so relevant today. Even in our challenged economy, we have a legal system that is heavily weighted in favor of those who can afford attorney's fees.

The next to the last line -- “The estates of widows and orphans are never devoured by enterprising swindlers.” -- decries usual events in America. My mother’s lawyer charged her estate $8,000.00 to probate one asset -- her homestead, valued at just $125,000.00. No court hearing was required. The Petition for Summary Administration was filed at the same time as the proposed Final Judgment of Summary Administration. The probate forms were typed in one sitting and filed with the clerk’s office in one filing. My mother’s estate paid her lawyer $8,000.00 for typing. There was no will contest, no family controversy. Our “civilized” legal system allows lawyers to exorbitantly bill legal consumers.

I am readily reminded of the cost of divorce when reading the last sentence of Chief Brant’s quote, -- “We have no robbery under the pretext of law.” If divorcing parties can agree, becoming divorced is, once again, a typing task and one brief hearing before the Judge -- simple. But all too often divorce does not happen “simply”, When one party retains an attorney; the other party must follow suit for simple self-preservation. Each party retains an attorney, with retainer fees starting at $2,000 each and quickly escalating from there. If the parties agree; and sign a Marital Settlement Agreement, then the final hearing occurs. However, most often, once attorneys are involved, the parties’ “agreeing” does not happen quickly or simply. Once the parties agree, the attorneys’ billable hours must cease. No disagreements = no billable hours.

Achieving court access can be affordable. As more litigants represent themselves and take charge of their own legal matters, the challenge of court access for lack of money will eventually resolve itself. Citizens are increasingly, by choice or economics, representing themselves and realizing the self-empowerment of taking charge of their own legal matters. 

Guest Post by Julie Jefferson of Freedom Rings