A recent case within the Kentucky Court of Appeals demonstrates very extremely the need for quality counsel in all court proceedings. Regardless the subject or reasons you may find yourself in court, it is important that the lawyer you hire is not only able to represent you well in the courtroom and past it. While you would like to think the courts have the rule of law well established in the minds of their judges, a qualified attorney will also review the matters at hand to make sure all ‘facts’ are correct in the proceedings.
In the case of Bramer Crane Servs., LLC v. Structure Builders & Riggers Mach. Moving Div., LLC, a lien issue was reviewed by the superior court of the state. While the actual facts of the case are not important for this post, what is important is that the findings of the court were inherently flawed. Cited in the case was a fact that was severely outdated, as much as 20+ years and two revisions.
As the blog Zlien notes, instead of a clean finding, the court had lapsed in its research and failed to note updated law. The issue was that the ruling relied on judicial precedence rather than a review of legislation passed during this time. While one would like to consider the issue a simple lapse in judicial research, the fact remains that this unpublished decision could very easily have gone unnoticed without people stepping up.
All of this boils down to one genuine reality: the need for qualified representation. An attorney with significant experience and a passion for their work will make sure that all of the proceedings, whether it their own research or that of the other party, even the court itself as shown in this instance, are followed properly and effectively within the rule of law. While precedent is easy to rely upon, a qualified attorney also reviews dynamic arguments and application of various laws to make sure the best information is presented.
The fact remains, regardless on if the case is a personal injury issue, a lien or a variety of other matters, the judicial process requires methodical, step-by-step review of subject matters and facts to make sure the proper ruling is found.