Court to Brit's Daddy: Stick Around Pop!

76. britaculous at 11:12 PM: I agree that real lawyer is trying to connect three unrelated factors. And the statute, which allows the investigator and/or the conservator to make recommendations about the driving privilege, voting, etc., are indicative that the California legislature recognized that there are instances in which one might not be able to manage certain affairs but nevertheless could be capable of operating an automobile, making an informed decision in an election. There are varying degrees of mental and physical afflictions, and some conservatees are able to function at a higher level. In Brit's case, sure, she can get in a car, turn the key, shift the transmission, steer -- but that bears no relevance on whether she is vulnerable to fraud or capable of exercising sound judgment about her medical needs.

The take away from the case law is that procedural safeguards ARE built into the Probate Code and the Welfare and Institutions Code to protect the rights of those suggested in need of conservatorship protection. Procedural due process does not guarantee one the attorney of choice, but it does guarantee the right to an independent, non-conflicted lawyer, and that is what Brit has in the person of Sam Ingham.

Anyway, I write Ps & As all day long -- working on two right now for the S.D.N.Y -- and I don't intend to write a brief to educate "real lawyer." He's fixed in his thinking and nothing I offer will sway him. I know, and you know, that I have a solid basis for the opinions I offer.

Posted at 11:33PM on Mar 5th 2008 by lawdawg

77. I posted that coz I liked the implication. It's usually TMZ that digs into Sam with a story like this. In the mean time Ms Spears is out shopping! The legal stuff really does just go on and on without her...

Lawdawg. You tell em. See you soon. I'm off. Hoepfully we can continue the debate 2mrw when the docs come out and we can all pick your brains some more. In the mean time I agree with the other guy: Lawdawg for TMZ legal eagle!!!

Linda, I think it's more accurate to say that she's been said to be incapable of handling her affairs, rather than ruled insane.

Posted at 11:34PM on Mar 5th 2008 by britaculous

78. Goodnight, britaculous. I always enjoy the dialogue with you.

Posted at 11:49PM on Mar 5th 2008 by lawdawg

79. Lawdawg. Did you see the Sands vid - "I have no idea why I am in themiddle of this" - yea right. Mr Spin Doctor... Hey, are depo's sealed?

Is it actually called "procedural" due process? BTW Sam Ingham III, no less! Our friend has a sense of Jon Eardly esquire.

Posted at 11:44PM on Mar 5th 2008 by britaculous

80. britaculous...either she is competent to speak to a lawyer or not...it doesn't matter if it's Ingram, if she's not competent, he can't get instructions from her, just like anyone else, plain and simple. If she's competent to instruct him, then she's competent to instruct a lawyer of her choosing.

Any person appearing before a court (except of course Brit) who has the money to pay for a lawyer of their choosing, is entitled to use that lawyer over the "lawyer of the court's choosing". Again, plain and simple.

Posted at 11:46PM on Mar 5th 2008 by A real lawyer, not like lawdawg

81. "Sources say the conservators are open to ending the conservatorship earlier than July 31, if Britney's mental state sufficiently improves and stabilizes".

Are you kidding me? That's not going to happen. She's aching to dump her dad, so she can arrogantly get back to her schedule of ignoring her kids, speaking in a stupid british accent, tit & snatch flashing, drinking & drugging, driving like a retard, marrying any papp that comes within 15 feet, and generally being a complete & total dumbass. If she's on medication, the second her dad leaves she'll stop taking it, and she'll revert to ol' tit & snatch flashin' SLUTney. She needs to be institutionalized, as she can't make educated decisions; she's being driven by her 6th grade mental state, and makes EVERY bad decision she can. Case in point; this recent lying to her accountant by asking for $250,000 for a "new car", when in fact it was to pay off the terrorist's soon-to-be ex-wife, to get her to divorce him so SLUTney could marry him.

She's not going to be in a mental state to make correct decisions for YEARS to come. Her father might as well resign to the fact that he's a permanent west coast trustee for her. Her mom is worthless; she's got her hands full with SLUTney's underage out of wedlock knocked up sister...

Posted at 11:50PM on Mar 5th 2008 by It'll never happen

82. CNN/HNN MADE A HUGE MISTAKE BY SHOWING HIS FACE (LCPL.D. MORTARI) EVEN THOUGH IT IS ON YOU-TUBE, RADIO 710, DORI MONSON SHOW EXPLOITED THIS DEFENSIVELY......WRONG, THE STAFF JUDGE ADVOCATE/JUDGE ADVOCATE GENERAL'S OFFICE; KANE'OHE MARINE CORPS BASE, OAHU, HAWAI'I, HAS TRIED TO KEEP THIS ISSUE....MUM...AND IT IS NOT GOING TO BE THAT WAY IN THIS CASE. THE U.C.M.J., UNIFORM CODE OF MILITARY JUSTICE, IS FREAKING OUT ON THIS ONE EXTREMELY BAD, ESPECIALLY SINCE THEY MADE A NEW PROVISION TO BRING BACK DOGS FROM IRAQ, AND RE-UNITE THEM WITH THE FAMILIES OF THE DECEASED SERVICE MEMBERS, THIS WILL SET NEW PRECIDENCE IN THE RULES AND REGULATIONS, VERY BAD TIMING ON MORTARI'S PART....

Posted at 11:57PM on Mar 5th 2008 by C.L.A. FED I.D.#2246778907-F7312

83.
Oh well. Since no one here can give me even ONE REASON why Sam Lutfi and Britney Spears should remain in contact with each other, I'm going to assume that there is no reason.

I have my doubts that Sam will even show up for the restraining order hearing, since it's obvious that Britney will not be there. It seems to me, that Sam is really missing those cash payments for exhibiting Britney as a total moron. Doesn't it seem strange to everyone, that there has been no "press release" after the Michael Sands deposition?

It doesn't really matter if Britney is a drug addict and/or mentally ill. It is obvious to the state of CA, that she is incapable of handling any important decisions in her life.

Posted at 12:01AM on Mar 6th 2008 by DIANE T

84. I do not see how living with a Father she has never gotten along with is going to improve her mental status? I would find a Psychiatrist if I were her, that she felt she could trust, as we have all seen the power they have over a patient. What young Mother would not freak out having her boys taken away, although I applaud their Father for letting her see them. She needs positive people around her, not a Father she has never had a real relationship with and I hope the Court's have set a limit on the amount of HER money he can spend and on what. He sounds like a loer. She is one of those young stars who went to the top too fast, got rich too fast and now she is paying for it. I hope he leaves before July and she is left wth her new husband. And that she is allowed regular visits with her sons.

Posted at 1:48AM on Mar 6th 2008 by RockyO

85. 86. britaculous...either she is competent to speak to a lawyer or not...it doesn't matter if it's Ingram, if she's not competent, he can't get instructions from her, just like anyone else, plain and simple. If she's competent to instruct him, then she's competent to instruct a lawyer of her choosing.

Any person appearing before a court (except of course Brit) who has the money to pay for a lawyer of their choosing, is entitled to use that lawyer over the "lawyer of the court's choosing". Again, plain and simple.

Posted at 11:46PM on Mar 5th 2008 by A real lawyer, not like lawdawg

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Maybe you can take it up with the commissioner who seems to think that she cannot choose her own counsel. She was given a court appointed lawyer at the first hearing, I believe. And a week later was told she is not allowed to retain her own counsel - in response to he contact with Streisand, I assume. Though I cannot remember the conservators arguments in this matter nor the courts reasoning. You're welcome to go and check the court docs for the reasons. TMZ posted them. Around Feb 7th.


Good night for real all!


Diane T - I don't think they have a case. Else you'd have your reply!

Posted at 12:07AM on Mar 6th 2008 by britaculous

86. 86. britaculous...either she is competent to speak to a lawyer or not...it doesn't matter if it's Ingram, if she's not competent, he can't get instructions from her, just like anyone else, plain and simple. If she's competent to instruct him, then she's competent to instruct a lawyer of her choosing.

Any person appearing before a court (except of course Brit) who has the money to pay for a lawyer of their choosing, is entitled to use that lawyer over the "lawyer of the court's choosing". Again, plain and simple.

Posted at 11:46PM on Mar 5th 2008 by A real lawyer, not like lawdawg

--------------

Maybe you can take it up with the commissioner who seems to think that she cannot choose her own counsel. She was given a court appointed lawyer at the first hearing, I believe. And a week later was told she is not allowed to retain her own counsel - in response to he contact with Streisand, I assume. Though I cannot remember the conservators arguments in this matter nor the courts reasoning. You're welcome to go and check the court docs for the reasons. TMZ posted them. Around Feb 7th.


Good night for real all!


Diane T - I don't think they have a case. Else you'd have your reply!

Posted at 12:09AM on Mar 6th 2008 by britaculous

87. I find it SO scary that someone of REAL LAWyers caliber is out there,,,,no wonder our court system is so screwed up. I, as many, realize that the court appointed lawyer is UNBIASED in this case. If he deems Britney incapable of understanding what is going on, then who the hell is REAL LAWYER, or Eardley, (who obviously is affiliated with Osama) to determine that Brit should be able to continue down her path of destruction when people like her father are willing to step up and try to get her on the right path.. I pass homeless people with obvious mental issues EVERY DAY on the street. Where is REAL LAWYER in stepping in to talk about their "rights"? I would have to believe that those people had family members that wanted to care for them, yet an idoit lawyer stepped in and said that they had the right to self destruct, regardless of all the systems we have in place to get them the help they needed to be productive members of society. If Osama (and Eardley) are really concerned about Britney's well being...back off....she was obviously on the verge of a break down or suicide. at the time Sam was in her life..she is obviously not on that path at this moment....Everyone sees that except for those who want something from Britney....and I include "real lawyer" in this group, because I think we all see that he has some type of vested interest in Britney continuing on her path of self destruction.

Posted at 12:10AM on Mar 6th 2008 by Not a lawyer

88.
To: britaculous,

Yes, I know that it is impossible for Sam's camp to have any kind of reply.

I like being the "elephant" in the room.

Posted at 12:14AM on Mar 6th 2008 by DIANE T

89. The conservatorship has been extended to July? What happened to the March 10th hearing?

It seems to me that something is very wrong here with the conservator thing. This whole conservatorship process smells like a bad fish market. There just seems something shifty and devious in the works with a court that has kept Britney so distant and so removed from the process that it has not even requested a second opinion after evaluation by another professional psychiatric source on the need for conservatorship, something by it's purpose that was designed to protect people who are totally incompetent, people who cannot feed themselves, people who cannot cloth themselves, and people who are a threat to themselves or others. This whole process in Britney's case seems a roundabout villainous way by devious means to deprive her of her constitutionally protected liberty and her right to live free and secure from arbitrary government intrusion and the whims of a judicial dictator.

Wake up folks. There is a foul odor in the wind and it's not from a rancid fish market. It's from judicial dictators in family and probate courts throwing caution to the winds and exercising arbitrary power based entirely on the subjective opinion of corrupt court-appointed officials, judges throwing caution to the winds by not requesting and not allowing the opinion of an independent source not appointed by the court or employed by county public services.

Furthermore, what this court and Britney's father has just done assures K-Fed victory in his custody case against Britney. How can family court now allow Britney to regain joint custody of her kids if she is adjudicated totally incompetent and unable to feed and cloth herself and is a threat to herself and others? Brit's Pa just sunk that dadgum boat!

This is so uncalled for.

Posted at 12:17AM on Mar 6th 2008 by just me

90. THERE WAS AN EPISODE ON THE "MORNING SHOW WITH MIKE AND JULLET" ON CONSERVATORSHIP, TO WHICH A LAWYER HAD 43 CONSERVATORSHIPS UNDER HIS BELT, AND WAS MAKING MEGA-BUCKS, AND NOT ALLOWING IMMEDIATE FAMILY MEMBERS TO VISIT WITHOUT AN APPOINTMENT, I WOULDNT HAVE A PROBLEM FOR LONG WITH THIS SHARK, AND HE WOULDN'T BE DEFICATING NORMALLY EVER AGAIN.

Posted at 12:22AM on Mar 6th 2008 by C.L.A. FED I.D.#2246778907-F7312