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UNAUTHORIZED PRACTICE OF LAW
All across this country, lay advocates are being targeted for their knowledge of the law and advocacy of issues that generate public interests and which are near and dear to their hearts. These advocates often face threats and prosecution under ”Unauthorized Practice of Law” (UPL) rules
The instigators of these attacks are usually incompetent attorneys and judges whose professional (mis)conduct has been exposed and/or whose professional competence has been publicly attacked by diligent citizen-activists. In many cases, these law professionals have actually been ‘shown-up’ by lay persons and rather than improve their professional practices, they prefer to harass and persecute anyone who dares to demand a high standard of conduct and practice in the law profession. There truly is an elite organization, the Brotherhood of the Bar, where status supersedes competence and integrity is a dirty word.. By defnition, a profession polices itself. The legal profession has not done that, as evidenced by the volume of attorney complaints that are not prosecuted. It is time to institute citizen oversight over the legal profession.
Suzanne Shell has found herself being persecuted for her advocacy on behalf of families involved with Child Protective Services agencies. To some, this is a shameful thing. To others, this is a badge of honor. Indeed, many parents regard this Supreme Court prosecution of Ms. Shell as evidence of her competence in the area of child protection and judge it to be state endorsement of her knowledge and skill. Regardless of where you stand on this issue, you may find the following UPL information to be of interest. .
While she was on trial for contempt of the Colorado Supreme Court arising out of false UPL allegations by an attorney who represents DHS, the Colorado Supreme Court accredited her continuing legal education (CLE) program for 8.5 hours of CLE credits. She has been accredited multiple times in Colorado and as well as in 4 other states.
Ms. Shell’s complaint to Judicial Performance Commission. Brief History of UPL complaints against her.
History of UPL cases against Ms. Shell:
UPL Subpoena March 28, 2001
Ms. Shell’s motion for protective order.
Notice of Refusal to Waive Rights connected with subpeona for deposition. Ms. Shell appeared at a second deposition and asserted the 5th amendment to all questions except name and address.
Ms. Shell’s Notice of Another method of recording (deposition) To be allowed to videotape deposition
UPL Petition for Injunction and Contempt
Ms. Shell’s answer to UPL injunction.
Ms. Shell’s answer to contempt citation. Coyle filed for contempt after Ms. Shell refused to consent to search as condition of entering location of deposition.
Motion to Dismiss UPL action which was denied.
UPL Request for production of documents from Ms. Shell.
Ms.Shell’s Request for production of documents.
Reply to UPL committee’s request for documents. Ms. Shell never produced any documents to the UPL Committee.
It was clear that the law didn’t matter to the court. Final outcome of first UPL 9-19-2001- (Coyle) submits stipulation which doesn’t conform to mediation terms, Ms. Shell advises Court of discrepancies. Corrected stipulation and injunction accepted by court.
Ms. Shell then stopped advocating on individual cases unless the attorney hired her. She refocused on publishing, training and news gathering.
Then, April 30, 2003, Ms. Shell was advised that the UPL committee had received another complaint from Fremont County attorney Rocco Meconi. This complaint occurred shortly after Ms. Shell attended and observed a termination of parental rights trial in Fremont County. Due to the theft of Ms. Shell’s intellectual property by Fremont County ‘players’, and of actions perpetrated against her by state actors for her bold publication of state abuses, this saga of attacks against Ms. Shell for the exercise of her rights, including documentation and commentary, will be continued on our membership pages to help insure Ms. Shell’s protection against future theft and retaliation.
The harassment continues. . .you can see more information at www.knowyourcourts.com click on the document repository link.
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