It's about winning. episode artwork

EPISODE · Aug 19, 2021 · 30 MIN

It's about winning.

from THE NEIL GARFIELD SHOW · host Steven Gomez

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 https://livinglies.me/2020/01/09/tonight-whats-in-a-label-everything/

Episode metadata supplied by the publisher feed · Published Aug 19, 2021

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 https://livinglies.me/2020/01/09/tonight-whats-in-a-label-everything/

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It's about winning.

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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...

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