Klarinet Archive - Posting 000107.txt from 2004/04
From: "Shaw, Kenneth R." <krshaw@-----.com>
Subj: Re: [kl] Brannen (bashing)
Date: Mon, 5 Apr 2004 18:25:26 -0400
Mark -
As it happens, I AM a lawyer, and your hearsay comments are incorrect.
If you're not a lawyer, I can only advise you to stop pontificating
about things you don't know. If your are a lawyer, you seem to have
=66orgotten the elements of hearsay:
1. A statement;
2. Made out of court;
3. Offered in court;
4. For its truth.
I remind you that we are not in court.
More important, everyone makes decisions all the time based on
statements that would be excluded as hearsay if they were made in court.
When you go to a restaurant based on a review, you're depending on
"hearsay." If you discipline your child based misbehavior described by
the principal to your wife, you're acting on double "hearsay" (teacher
to principal, principal to your wife).
It's reasonable, and justifiable, to choose a clarinet repair shop based
on reports from others, even if they're passed along from a third party.
I suspect that you do it yourself.
I also remind you that the rule against hearsay is riddled with
exceptions. In fact, in federal court, the rule can be overcome when
the statement seems to the judge to be believable.
If Kelly were the only one to complain about the Brannens, I would want
to know more before decided whether to use their services, but it
certainly would would NOT be because I read what might be hearsay if
presented in court.
=46inally, and most importantly, your bullying would get you cited for
contempt in an instant if you were really in court. Whoever is in
charge of you ought to administer a good paddling.
Now go to your room, and don't come down again until you have a civil
tongue in your head.
Kenneth R. Shaw
Attorney at Law
Oh, and for what it's worth, a player very high up in the clarinet world
has told me that the Brannens have become inconsistent.
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