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  • Individualism In the Legal Profession

    Judge Philip Dale Segrest|Jul 1, 2015

    Individualism in the legal profession, like other walks of life, thrives on legends and myths. The profession cherishes certain images. One of these images is the image of the rugged individual. Rugged Individualism is an important part of the American tradition. Pioneers were rugged individuals. The legal profession, an adversaria profession, fits right into this picture. Up until the Civil War the primary method of legal education was apprenticeship. Would-be lawyers “read” the law in the...

  • Abolish Grand Juries

    Judge Philip Dale Segrest|May 1, 2015

    Sometime after William the Conqueror successfully invaded England in 1066, the new line of kings decided they needed help rounding up local criminals to prosecute. Accordingly, they organized groups of local citizens who could keep up with what was going on in the local area to report crimes to the king and his court whenever they visited town. The result was the origin of grand juries. The process evolved so that prosecutors began to utilize the grand jury to bring about indictments....

  • Liability Insurance

    Judge Philip Dale Segrest|Apr 1, 2015

    In recent columns I have concentrated on the economics of law practice. We have discussed the economic motives of plaintiff lawyers, the economic motives of defense lawyers, and the fact that the combination may impact adversely on the ability of the legal system to efficiently resolve disputes. This column will focus on liability insurance and will complete the current discussion of the economics of law practice. Liability insurance companies exist because of litigation, and have a major...

  • Economic Motives of Defense Attorneys

    Judge Philip Dale Segrest|Feb 15, 2015

    This column continues the discussion of the economics of law practice. It is the fourth in a series. First, we described the strong ties between law and economics. We pointed out that because the practice of law is a business, the economic motivation of the lawyers handling the litigation can actually make the legal system less efficient for conflict resolution. Quick resolution of legal disputes does not promote the economic interest of the law business. Defense lawyers who charge hourly rates...

  • 777 Words

    Judge Philip Dale Segrest|Jan 15, 2015

    In last month’s column we pointed out that the economics of law practice can actually impede the ability of the legal system to efficiently resolve disputes. In future columns we will discuss in depth the economic motivations of both defense lawyers and plaintiff lawyers that contribute to the problem. Before launching into those specifics, however, we need to have a broad general understanding of the relationship of economics and law in the resolution of disputes. The relationship between law...

  • Economic Development in the Black Belt

    Judge Philip Dale Segrest|Aug 1, 2014

    In the past several columns we have discussed problems with the criminal justice system and incarceration. Our exploration of problems concerning the corrections system concluded with a discussion of the fact that 400 years of slavery and segregation created a cultural system that understandably put distance between itself and the legal system. We pointed out that a self-help system evolved and that street justice in a self-help cultural system may be one of the causes for disproportionate...

  • Probation Sponsorship

    Judge Philip Dale Segrest|Jul 1, 2014

    In last month’s column we discussed how cultural differences impact the criminal justice system. Four hundred years of slavery and segregation created a cultural system in our black communities. That system did not disappear just because the legal system was finally corrected to treat all persons equally. The cultural system that evolved appears to still have notable influence in many areas. As we pointed out, its “self-help” enforcement system is a factor in the higher rate of...

  • The Problem With Penitentiaries

    Judge Philip Dale Segrest|May 1, 2014

    In past articles we have discussed the breakdown of the family and the impact of family breakdown on moral formation. We suggested that inadequate moral formation is the root cause of crime. We suggested the possibility that the breakdown of the family and damage to its role in moral formation has contributed to the escalating rate of incarceration. We have also discussed the important role that the peer group plays in moral formation and the fact that usually the “peer group” is found in ch...

  • Bench-Bar-& Beyond

    Judge Philip Dale Segrest|Nov 1, 2013

    Last month, I described the meltdown of family that resulted from our nation’s movement from an agrarian, small town economy to a technological economy. Men and women have more contact with members of the opposite sex who are not their spouses than with their spouses. The Nineteen Sixties marked the pivotal change. The judicial system and the legal profession were not designed to solve the problems of the disintegration of marriage and family. Nursery Rhymes teach us a lot. Humpty Dumpty sat...

  • Montgomery County Law

    Sheriff D. T. Marshall|Nov 1, 2013

    Our 3rd quarter newsletter has come out. It breaks down the crime in Montgomery County and lets you know what is happening in your area. If you would like a copy of the newsletter, email Lt. Clarence Brannon at ClarenceBrennon@mc-ala.org. We break down the county into 6 districts. You can see what is happening in your neighborhood by looking at the statistics provided in the newsletter. I will give you a breakdown for the whole county, not including the city. So far this year there have been...

  • What is a Writ of Habeas Corpus

    Ronald Holtsford|Oct 1, 2013

    The literal meaning is “may you have the body” or as from one of my law professors, “show me the body”. The Writ of Habeas Corpus Act was a result of the British Parliament in 1640. Those that were imprisoned by the King, privy council or other councilor had a right to have the true cause for their imprisonment to be certified. The words of commencement were repealed in 1948 and the whole Act in 1968. Habeas corpus ad subjiciendum, was first recorded in British law in 1305. Subsequent la...

  • Bench-Bar-& Beyond

    Judge Philip Dale Segrest|Oct 1, 2013

    Family is the primal unit of society. Men and women have always met and produced off-spring. Successful marriages conserved the energy necessary for human advancement. Maslow identified sex as a basic need. It is packed with motive force. Freud called the driving force that pushes humans into action libidinal energy. Although libidinal energy is associated with sex, it can be redirected for other creative effort. When marriage works, sex needs of both partners are met, without spending energy...

  • Montgomery County Law

    Sheriff D. T. Marshall|Oct 1, 2013

    I just got a copy of the sentencing guidelines that go into effect on October 1 of this year. The report says that these guidelines are voluntary, apparently until 2020 at which time it appears that they become mandatory. The Alabama sentencing Commission issued the report by the authority of Act 2012-473. The Act required the Commission to make necessary modifications to the Sentencing Standards to transition from voluntary sentencing to presumptive sentencing for non-violent offenses in 2013....

  • I don't have a Will and I am afraid the State will get everything after my death

    Ronald Holtsford|Sep 1, 2013

    I hope that everyone that reads this article will read past the first several lines to get the full story. If you have no Will, the State of Alabama has one for you and it may not be the one that you want. If you die without a Will, the Code of Alabama provides a method of distribution of your assets via an Administration through the Probate Court in your County. ONLY if you literally have no heirs that can be found will your assets go to the State of Alabama. That term is that your estate...

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