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To: techdiver@aquanaut.com
Subject: Re: Tragic technicaldiving
Date: Tue, 3 Mar 1998 15:00:51 -0800
From: Jammer Six <jammer@oz*.ne*>
cc: "Tech List" <techdiver@aquanaut.com>
>Please, complete my legal education.

Sorry, can't do it. I'm just another idiot who hires lawyers, not a 
lawyer.

I hire my lawyers the same way I hire my other subs, my plumbers, my 
sparkys, or my drywall men.

Based on results, and the cost to get those results.

My lawyer tells me that there's something that involves the word 
"concept" (he has a big college-level word for it) based on the fact that 
sport and tech diving is outside the realm of the ordinary, and that 
participants who enter that realm voluntarily, if not knowingly, give up 
many of the standard protections and assumptions that the law provides.

>I would never postulate that it will become truly illegal, or
>that standards will be legally imposed upon the industry in that way, but
>I think that if the current trend continues, without some sort of
>response on the part of the industry/agencies, more and more companies
>that supply gas, etc. will, perhaps due to misconceptions, be
>increasingly reluctant to supply divers.  

OK, then we agree. I took your earlier comments to imply exactly that, 
that we stood at the top of a slippery slope, and if we didn't start 
toeing the line, the Law was going to step in and correct us.

This is what I was calling a fallacy, and I'm glad to hear that we agree.

The Law will never regulate diving here in the U.S., and it doesn't even 
appear to be doing so in countries where the laws are on the books, like 
Autrailia or the Caymans.

As to companies regulating anything, speaking as a business owner, that 
strikes me as pretty far fetched.

When a company turns away a paying customer for other than legal reasons, 
that creates an opportunity, not a control.

>Were I  in a position to
>advise, say, a gas supplier in South Florida(whose actual liability would
>be fairly tenuous) on the possibility of diversifying into the technical
>diving field, I think I would be hesitant to support such a move, given
>the extremely limited scope of the market, and its high potential for
>liability concerns.  Why risk it?

Of course you would. You're a lawyer.

I mean no offense by these remarks, sometimes my lawyers are the only 
thing standing between me and the 6th circle.

Consider a football game.

Lawyers are the referees, and accountants are the scorekeepers, while 
teachers are the coaches.

Who should you talk to when you want to learn how to win football games?

The refs? They can tell you all about the rules. The scorekeeper? They 
can tell you what just happened, and what the score is, based on time 
that has already passed. The coach? They can tell you all about the 
theory of the game, and what SHOULD work.

Personally, I would talk to another quarterback, preferably one with a 
winning record. One who knows when to ignore the coach's advice, and call 
an audible, one who knows how to watch which way the ref is looking, and 
one who ignores the scoreboard until the final moments of play. I want to 
talk to the guy with the blood on his jersey.

All that said, my point is that I don't believe that the law will ever 
regulate this sport. I don't believe it will be allowed to.

Also, let me re-state that none of these remarks are meant to be 
derogatory towards the legal profession.

I don't use accountants to hang sheetrock, and I don't entrust my legal 
problems to plumbers.

When in dire straights, there is no substitute for a clean, oiled, fully 
loaded weapon.
In almost all cases, you then immediately need a lawyer, the larger the 
caliber, the better.

When I've needed a lawyer, I've needed one really, really, badly.

------------
"C'mon, you sons of bitches, you
want to live forever?"
     -First Sergeant Dan Daly, 1918
------------

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