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2016 Postmortem
In reply to the discussion: Elizabeth Warren practiced law without a license? [View all]Gothmog
(143,654 posts)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/
Heres a good comment on Jacobsons 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 Warrens 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 [1], as adopted in Massachusetts.blockquote]
IIRC, the scope of the activities of Haavaad law professors as more or less permanent consultants to one or several law firms (notwithstanding Harvards 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.[/
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Law professors don't practice law. They teach it. They don't need to be members of the bar
JDPriestly
Sep 2012
#36
Who wants to pay bar dues if they don't have to. In California I think they are
JDPriestly
Sep 2012
#38
This website has only been in operation for a month. It was obviously set up as political
Lint Head
Sep 2012
#11
Thanks. I figured it was Breitbart just making shit up again--just wanted to be sure.
Arkana
Sep 2012
#17
Welcome to DU and thanks for taking the time to address this question for us.
left on green only
Sep 2012
#30
You can't practice law and be a judge ; you can practice law and teach school
musiclawyer
Sep 2012
#18
Provocative statement with a question mark? I call BS on your Fox News tactic.
yellowcanine
Sep 2012
#73
Then why use the Fox tactic of making a statement and inserting a question mark?
yellowcanine
Sep 2012
#78
Republicans are claiming this morning that they have 'new evidence' against Warren
TroyD
Sep 2012
#85
I keep coming back to that point - why wasn't it raised by the other side at the time?
Justice
Sep 2012
#88