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The history and meanings of various legal words used in today's legal industry
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President's Editorial Had this happened in my company, I assure you that this individual would be facing serious charges. It amazes me still that no one gets it. We are suppose to be trained professionals, with honor and integrity, yet there are those companies out there after the almighty dollar. I am not opposed to the American free enterprise machine. I am part of it, but not at the cost of public safety or damage to our reputation. That part doesn't make any sense. After all of the years of dedicated and faithful service I and my company have performed, we have yet to ever have had an incident or even an allegation of wrong doing either from a process server or a defendant upon one of our servers. Our record stands confirmed in the fact we are the only state process service company willing to be listed with the Denver/Boulder Better Business Bureau, yet not a single complaint. Even knowing what we do, there is no complaints. I can not for the life of me figure out how the attorney's could conclude that this is self defense case. He didn't leave, and nothing was mentioned about a breathalyzer test to prove the defendant did act out of line. Not to mention the fact the process server already had a previous conviction for similar behavior (assault). The courts balk at us for hiring a convicted felon, yet will not endorse legislation to ensure no one with a criminal record can ever have the opportunity to attack a public citizen. Again, with the proactive not passive. I was a cub scout, then boy scout, Naval R.O.T.C., then Army mechanized infantry soldier. I fully understand and am aware of the terms assaulting someone, being assaulted, self defense, and the authorized use of deadly force. Yet, after almost 10 years of performing my duties, even facing unknown defendants in a myriad of different situations. I have not ever raised my hand to anyone, nor has anyone ever attempted to attack me. I think this individual should have had extremely stiff penalties adjudicated against him as well as the company that willing and knowingly hired him despite knowing his previous record. I also think the attorneys should reflect what is more important here, the public safety should have been paramount in this situation. As stiff as the State and Federal statutes are concerning assault on a process server, so should the penalties for a process server to over step their authority and miss use it. |
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