HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » Politics 2014 (Forum) » Elizabeth Warren practice... » Reply #42
Introducing Discussionist: A new forum by the creators of DU

Response to Arkana (Original post)

Mon Sep 24, 2012, 03:47 PM

42. Above the Law (legal blog) has good answer to these charges

My kids have hooked me on Above the Law which is a legal blog. This blog has a good defense for Professsor Warren on this issue http://abovethelaw.com/2012/09/does-elizabeth-warren-have-a-law-license-problem/

Here’s a good comment on Jacobson’s post from a Massachusetts lawyer, Edward Wiest:
If the work in question was confined to consulting with admitted counsel (e.g., attorneys for asbestos insurers), as long as Prof. Warren did not file a sole appearance for a client, nor provide services to “laypersons”, she would likely be within the safe harbor of ABA Model Rule 5.5 (c)(1), as adopted in the Massachusetts Rules of Professional Responsibility (permitting non-Massachusetts lawyers to provide “legal” services “undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter”.) Furthermore, _if_ Professor Warren’s work were limited to consultative services in the form of providing or guiding research and writing for trial/appellate/amici counsel, it would be little different from that of a “law student intern” permitted to assist an admitted attorney under ABA Model Rule 5.3, Comment , as adopted in Massachusetts.

IIRC, the scope of the activities of Haavaad law professors as more or less permanent consultants to one or several law firms (notwithstanding Harvard’s prohibition of its law faculty holding “of counsel” positions on law firm letterhead) has always been a source of bemusement/irritation to people inside and outside the Law School. If (for whatever reason), Professor Warren had ceased to be a member of any state bar, she should have received credit for her assistance to counsel of record by footnote (as customary for “nonlawyers”), rather than through “of counsel” credit on the cover of the brief (I doubt she would care as long as the checks cleared). I would hope that the limited resources I contribute to the Massachusetts bar disciplinary system would be directed to more serious threats to the public than this.blockquote]

Reply to this post

Back to OP Alert abuse Link to post in-thread

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 91 replies Author Time Post
Arkana Sep 2012 OP
R. Daneel Olivaw Sep 2012 #1
Hutzpa Sep 2012 #2
bemildred Sep 2012 #3
Arkana Sep 2012 #12
bemildred Sep 2012 #13
Jeff In Milwaukee Sep 2012 #14
onenote Sep 2012 #27
AnotherMcIntosh Sep 2012 #31
dbackjon Sep 2012 #4
Proud Liberal Dem Sep 2012 #5
Orangepeel Sep 2012 #6
JDPriestly Sep 2012 #36
AnotherMcIntosh Sep 2012 #41
JDPriestly Sep 2012 #50
AnotherMcIntosh Sep 2012 #53
Mass Sep 2012 #7
Orangepeel Sep 2012 #9
JDPriestly Sep 2012 #37
CreekDog Sep 2012 #58
TroyD Sep 2012 #61
bigdarryl Sep 2012 #8
csziggy Sep 2012 #10
JDPriestly Sep 2012 #38
csziggy Sep 2012 #40
AnotherMcIntosh Sep 2012 #43
Lint Head Sep 2012 #11
MnAttorney Sep 2012 #15
justiceischeap Sep 2012 #16
Arkana Sep 2012 #17
tallahasseedem Sep 2012 #25
left on green only Sep 2012 #30
sweetapogee Sep 2012 #32
thevoiceofreason Sep 2012 #33
AnotherMcIntosh Sep 2012 #39
thevoiceofreason Sep 2012 #46
AnotherMcIntosh Sep 2012 #57
AnotherMcIntosh Sep 2012 #44
thevoiceofreason Sep 2012 #47
AnotherMcIntosh Sep 2012 #51
Hassin Bin Sober Sep 2012 #34
cecilfirefox Sep 2012 #69
pnwmom Sep 2012 #74
musiclawyer Sep 2012 #18
buzzman Sep 2012 #19
kestrel91316 Sep 2012 #20
UCmeNdc Sep 2012 #21
Berkshire Boy Sep 2012 #22
wutang77 Sep 2012 #23
Berkshire Boy Sep 2012 #29
thevoiceofreason Sep 2012 #24
DURHAM D Sep 2012 #26
GreenStormCloud Oct 2012 #90
DURHAM D Oct 2012 #91
patrice Sep 2012 #28
CreekDog Sep 2012 #59
patrice Sep 2012 #62
louis-t Sep 2012 #79
AnotherMcIntosh Sep 2012 #35
LineReply Above the Law (legal blog) has good answer to these charges
Gothmog Sep 2012 #42
AnotherMcIntosh Sep 2012 #48
Gothmog Sep 2012 #45
AnotherMcIntosh Sep 2012 #49
Gothmog Sep 2012 #52
AnotherMcIntosh Sep 2012 #55
Justice Sep 2012 #54
AnotherMcIntosh Sep 2012 #56
TroyD Sep 2012 #60
DesertRat Sep 2012 #63
TroyD Sep 2012 #64
DesertRat Sep 2012 #67
Samantha Sep 2012 #65
doccraig67 Sep 2012 #66
MjolnirTime Sep 2012 #68
Arkana Sep 2012 #71
DesertRat Sep 2012 #70
pintobean Sep 2012 #72
pnwmom Sep 2012 #76
DesertRat Sep 2012 #82
yellowcanine Sep 2012 #73
pnwmom Sep 2012 #75
yellowcanine Sep 2012 #78
pnwmom Sep 2012 #80
yellowcanine Sep 2012 #81
Arkana Sep 2012 #83
yellowcanine Sep 2012 #84
bkkyosemite Sep 2012 #77
TroyD Sep 2012 #85
thevoiceofreason Sep 2012 #86
Justice Sep 2012 #88
Arkana Sep 2012 #87
stevend56 Sep 2012 #89
Please login to view edit histories.