Elizabeth Warren- NO MASS LAW LICENSE

[TakeAStepBack]

No, Elizabeth Warren Did Not Engage in the Unauthorized Practice of Law

At Legal In.sur.rec.tion, Professor Jacobson contends that Elizabeth Warren, the Massachusetts Senate candidate, liberal firebrand, and Harvard law professor, has engaged or appears to have engaged in the unauthorized practice of law in the state of Massachusetts. In support, Professor Jacobson points to numerous briefs either filed by Ms. Warren or with her listed as being “of counsel” in various federal courts around the country in which her office address is listed as being in Massachusetts. As Ms. Warren is not, and does not appear to have ever been, licensed to practice law in Massachusetts, but instead appears to have been licensed only in New Jersey and/or Texas at all pertinent times, Professor Jacobson argues that Ms. Warren’s actions constituted the unauthorized practice of law in violation of Massachusetts law.

In making his arguments, Professor Jacobson makes a fatal error by assuming that merely preparing legal briefs in (seemingly non-Massachusetts) federal cases or providing advice on federal law while located in Massachusetts and maintaining a primary office in Massachusetts constitutes the “practice of law in Massachusetts.” Although he cites several cases for this proposition, these cases do not go nearly as far as Professor Jacobson assumes, as they each involve cases wholly within the jurisdiction of the Massachusetts courts, specifically Massachusetts real estate transactions and Massachusetts probate matters.

He further errs in deeming “on point” a 1976 case in which the Massachusetts state bar issued an ethics opinion prohibiting a law firm from listing a “Boston Office” address on its letterhead where the firm lacked any Massachusetts-admitted attorneys but instead sought to claim that a Massachusetts firm with which it had a relationship falling short of an “associate” or “partnership” relationship constituted its “Boston Office.” This case, however, is not “on point,” as it is not an unauthorized practice of law case but is instead a misleading communications case in which the firm was prohibited from “holding itself out to the public” as having a Massachusetts office. Jacobson incorrectly assumes that merely listing an office location in a court filing, rather than a communication “to the public” constitutes “holding oneself out to the public” as being licensed in the jurisdiction in which one’s office is located.

But most importantly, Professor Jacobson ignores Massachusetts Rule of Professional Conduct 5.5(d), which states that:

“A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that…are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.”

The Official Comments to Rule 5.5(d) further elaborate to make explicit that 5.5(d) permits even “systematic and continuous presence in [Massachusetts] for the practice of law as well as provide legal services on a temporary basis.”

As the cases to which Professor Jacobson has drawn our attention are entirely cases from the federal courts, and indeed appear to be cases lying even outside the jurisdiction of the Massachusetts federal courts, and as there seems to be no allegation that Professor Warren was unauthorized to appear in those cases, the Massachusetts Rules of Professional Conduct appear to explicitly exempt Professor Warren’s actions in those cases from the prohibitions on the unauthorized practice of law.

She did nothing illegal based on the rules. She's still a fraud though.

FILING briefs is practicing law.

Of Counsel legal definition of Of Counsel. Of Counsel synonyms by the Free Online Law Dictionary.

of counsel adj. reference to an attorney who is not actively involved in the day-to-day work of a law firm, but may be available in particular matters or for consultation. This designation often identifies a semi-retired partner, an attorney who occasionally uses the office for a few clients, or one who only consults on a particular case or on his/her specialty. Putting the name of the attorney "of counsel" on a law firm's stationery gives the office the prestige of the lawyer's name and reputation, without requiring his/her full-time presence.

Refer to the Massachusetts Rule of Professional Conduct 5.5(d).

 

[Lonestar_logic]

No, Elizabeth Warren Did Not Engage in the Unauthorized Practice of Law






She did nothing illegal based on the rules. She's still a fraud though.

FILING briefs is practicing law.

Of Counsel legal definition of Of Counsel. Of Counsel synonyms by the Free Online Law Dictionary.

of counsel adj. reference to an attorney who is not actively involved in the day-to-day work of a law firm, but may be available in particular matters or for consultation. This designation often identifies a semi-retired partner, an attorney who occasionally uses the office for a few clients, or one who only consults on a particular case or on his/her specialty. Putting the name of the attorney "of counsel" on a law firm's stationery gives the office the prestige of the lawyer's name and reputation, without requiring his/her full-time presence.

Refer to the Massachusetts Rule of Professional Conduct 5.5(d).

Well that doesn't dispute what I said. I notice that filing briefs was not mentioned nor if the "Of counsel" had to maintain a license.

 

[TakeAStepBack]

Refer to the Massachusetts Rule of Professional Conduct 5.5(d).

 

[Zander]

Elizabeth Lie-a-watha Warren, the fake Indian is also a fake attorney...big surprise!

You're a liar by omission and by innuendo, Zander. I will repeat you are dishonest.

And, you don't have any idea as to what "of Counsel" means. Making you a dishonest ignoramus.

I bet these guys do...

What does "Of Counsel" really mean?

It can mean a variety of things. Basically, any time the firm has hired a lawyer that does not fit squarely into the traditional partner or associate role. A few examples:


1. A non-equity partner. Basically an associate who they didn't like enough to make partner, but thought was useful enough to keep around. Too senior for the "associate" label. Some firms don't have non equity partners so they can't just call them partners.

2. A lawyer the firm consults with on an occasional basis. For example, many professors are "of counsel" at firms.

3. A semi-retired lawyer (often who retired from another firm) who wants to work on an occasional or part time basis.

4. A lawyer hired for a special purpose other than billing hours. Perhaps someone with certain political connections, etc. But not working enough for the firm to justify "partner" status.

So, of counsel means actively practicing law.

yes.....but Elizabeth "Shitting Bull" Warren meant well.... she had very strong "feelings" about the issue......therefore she should get a pass....

 

[jillian]

Elizabeth Lie-a-watha Warren, the fake Indian is also a fake attorney...big surprise!

Speaking to Boston's 96.9 FM radio program "Jim and Margery" on Monday, Democratic Senate challenger Elizabeth Warren admitted that she is not licensed to practice law in Massachusetts.

According to reports from listeners, she claimed that she does not maintain a law practice. She also "said that she gave up her New Jersey license because she could not keep up with the Continuing Education requirements," according to one listener who commented on Breitbart's Monday story, "Does Elizabeth Warren Have a Law License Problem?".

Ms. Warren's statement comes as a surprise to the many clients she's provided legal services to over the past decade, including the law firm of Simpson, Thacher, and Bartlett, which listed her as "of counsel" in the 2009 brief they submitted to the United States Supreme Court on behalf of their client, Travelers Insurance.

and?

for the record, she wouldn't have to be licensed in Mass to do an of counsel on a US Supreme Court matter... she'd have to be admitted to practice before the US Supreme Court.

d'oh.

 

[Zander]

Elizabeth Lie-a-watha Warren, the fake Indian is also a fake attorney...big surprise!

Speaking to Boston's 96.9 FM radio program "Jim and Margery" on Monday, Democratic Senate challenger Elizabeth Warren admitted that she is not licensed to practice law in Massachusetts.

According to reports from listeners, she claimed that she does not maintain a law practice. She also "said that she gave up her New Jersey license because she could not keep up with the Continuing Education requirements," according to one listener who commented on Breitbart's Monday story, "Does Elizabeth Warren Have a Law License Problem?".

Ms. Warren's statement comes as a surprise to the many clients she's provided legal services to over the past decade, including the law firm of Simpson, Thacher, and Bartlett, which listed her as "of counsel" in the 2009 brief they submitted to the United States Supreme Court on behalf of their client, Travelers Insurance.

and?

for the record, she wouldn't have to be licensed in Mass to do an of counsel on a US Supreme Court matter... she'd have to be admitted to practice before the US Supreme Court.

d'uh.

the natural extension of the liberal defense of Warren goes like this....
...Fauxahontas is a victim!! ..she meant well...she was good fake Indian.....she even copied a few recipes and passed them off as her own...to help the Indians......she does have those high cheekbones.....she was only 'of counsel'.....she's a minority!!! WAR ON WOMEN!!!!

Face it Jillian- she is a joke.

 

[Conservative]

Elizabeth Lie-a-watha Warren, the fake Indian is also a fake attorney...big surprise!

Speaking to Boston's 96.9 FM radio program "Jim and Margery" on Monday, Democratic Senate challenger Elizabeth Warren admitted that she is not licensed to practice law in Massachusetts.

According to reports from listeners, she claimed that she does not maintain a law practice. She also "said that she gave up her New Jersey license because she could not keep up with the Continuing Education requirements," according to one listener who commented on Breitbart's Monday story, "Does Elizabeth Warren Have a Law License Problem?".

Ms. Warren's statement comes as a surprise to the many clients she's provided legal services to over the past decade, including the law firm of Simpson, Thacher, and Bartlett, which listed her as "of counsel" in the 2009 brief they submitted to the United States Supreme Court on behalf of their client, Travelers Insurance.

and?

for the record, she wouldn't have to be licensed in Mass to do an of counsel on a US Supreme Court matter... she'd have to be admitted to practice before the US Supreme Court.

d'oh.

http://www.supremecourt.gov/bar/barinstructions.pdf

You must obtain a certificate of good standing from the presiding judge, clerk, or other authorized official of the highest court of a State, Commonwealth, Territory or Possession, or of the District of Columbia, evidencing the fact that you have been a member of the Bar of such court for at least three years and are in good standing.

To qualify for admission to the Bar of this Court, an applicant must have been admitted to practice in the highest court of a State, Commonwealth, Territory or Possession, or the District of Columbia for a period of at least three years immediately before the date of application...

You MUST be a member of a bar in good standing.

 

[Lonestar_logic]

Refer to the Massachusetts Rule of Professional Conduct 5.5(d).

Which applies to licensed attorneys.

 

[theDoctorisIn]

Elizabeth Lie-a-watha Warren, the fake Indian is also a fake attorney...big surprise!

and?

for the record, she wouldn't have to be licensed in Mass to do an of counsel on a US Supreme Court matter... she'd have to be admitted to practice before the US Supreme Court.

d'oh.

http://www.supremecourt.gov/bar/barinstructions.pdf

You must obtain a certificate of good standing from the presiding judge, clerk, or other authorized official of the highest court of a State, Commonwealth, Territory or Possession, or of the District of Columbia, evidencing the fact that you have been a member of the Bar of such court for at least three years and are in good standing.

To qualify for admission to the Bar of this Court, an applicant must have been admitted to practice in the highest court of a State, Commonwealth, Territory or Possession, or the District of Columbia for a period of at least three years immediately before the date of application...

You MUST be a member of a bar in good standing.

Elizabeth Warren was a member of the bar, in good standing, in NJ until a few weeks ago.

 

[Lonestar_logic]

Elizabeth Lie-a-watha Warren, the fake Indian is also a fake attorney...big surprise!

Speaking to Boston's 96.9 FM radio program "Jim and Margery" on Monday, Democratic Senate challenger Elizabeth Warren admitted that she is not licensed to practice law in Massachusetts.

According to reports from listeners, she claimed that she does not maintain a law practice. She also "said that she gave up her New Jersey license because she could not keep up with the Continuing Education requirements," according to one listener who commented on Breitbart's Monday story, "Does Elizabeth Warren Have a Law License Problem?".

Ms. Warren's statement comes as a surprise to the many clients she's provided legal services to over the past decade, including the law firm of Simpson, Thacher, and Bartlett, which listed her as "of counsel" in the 2009 brief they submitted to the United States Supreme Court on behalf of their client, Travelers Insurance.

and?

for the record, she wouldn't have to be licensed in Mass to do an of counsel on a US Supreme Court matter... she'd have to be admitted to practice before the US Supreme Court.

d'oh.

Filing briefs IS practicing law.

 

[theDoctorisIn]

Refer to the Massachusetts Rule of Professional Conduct 5.5(d).

Which applies to licensed attorneys.

Which Elizabeth Warren was, in NJ.

 

[theDoctorisIn]

Elizabeth Lie-a-watha Warren, the fake Indian is also a fake attorney...big surprise!

and?

for the record, she wouldn't have to be licensed in Mass to do an of counsel on a US Supreme Court matter... she'd have to be admitted to practice before the US Supreme Court.

d'oh.

Filing briefs IS practicing law.

Elizabeth Warren didn't "file" any "briefs" in the case, though. Having her name mentioned on the letterhead is not the same as "filing a brief".

 

[Lonestar_logic]

Refer to the Massachusetts Rule of Professional Conduct 5.5(d).

Which applies to licensed attorneys.

Which Elizabeth Warren was, in NJ.

And is that license honored in Mass.?

 

[rdean]

She attended:

George Washington University
University of Houston
Received a J.D. from Rutgers School of Law–Newark

Taught law at several universities including Harvard.

So, apparently, according to Republicans, she has no "qualifications".

Right wingers are just too fucking stupid.

Can't wait for the debates.

 

[Lonestar_logic]

and?

for the record, she wouldn't have to be licensed in Mass to do an of counsel on a US Supreme Court matter... she'd have to be admitted to practice before the US Supreme Court.

d'oh.

Filing briefs IS practicing law.

Elizabeth Warren didn't "file" any "briefs" in the case, though. Having her name mentioned on the letterhead is not the same as "filing a brief".

Warren filed a Brief for the Official Creditors Committee and filed a Brief (available Westlaw at 2002 WL 1379031 )

 

[Dick Tuck]

Where has she been practicing law?

If you are not an active lawyer there is no need to maintain a license

Here are the details...

Maintained private law practice at Cambridge office for over a decade but not licensed in Massachusetts

Warren attempted to deny her role, and referred to a Boston Globe article, but the Globe article supports Brown’s account. The Globe article indicated the representation was for a period of three years and Warren was paid $212,000. The case resulted in a Supreme Court victory for Travelers arising out of a bankruptcy case in New York.

1. Warren Is Not Licensed To Practice Law In Massachusetts

Warren is not licensed to practice law in Massachusetts. Warren’s name does not turn up on a search of the Board of Bar Overseers attorney search website (searches just by last name or using Elizabeth Herring also do not turn up any relevant entries).

2. Warren Used Her Cambridge Office as Her Law Office

Regardless of where she was admitted, Warren consistently since the late 1990s has held herself out as having her professional address for legal representation at her Harvard Law School office in Cambridge, Massachusetts.

Warren was listed as “Of Counsel” on Travelers’ Supreme Court Brief, listing her Harvard Law School office as her office address:

She used her Cambridge address as her address in multiple legal cases and briefs.

You fucking simpleton. All you need to argue in federal court is to be a member of the ABA, which Warren is, and which doesn't require a state license.

 

[Dick Tuck]

No, Elizabeth Warren Did Not Engage in the Unauthorized Practice of Law

At Legal In.sur.rec.tion, Professor Jacobson contends that Elizabeth Warren, the Massachusetts Senate candidate, liberal firebrand, and Harvard law professor, has engaged or appears to have engaged in the unauthorized practice of law in the state of Massachusetts. In support, Professor Jacobson points to numerous briefs either filed by Ms. Warren or with her listed as being “of counsel” in various federal courts around the country in which her office address is listed as being in Massachusetts. As Ms. Warren is not, and does not appear to have ever been, licensed to practice law in Massachusetts, but instead appears to have been licensed only in New Jersey and/or Texas at all pertinent times, Professor Jacobson argues that Ms. Warren’s actions constituted the unauthorized practice of law in violation of Massachusetts law.

In making his arguments, Professor Jacobson makes a fatal error by assuming that merely preparing legal briefs in (seemingly non-Massachusetts) federal cases or providing advice on federal law while located in Massachusetts and maintaining a primary office in Massachusetts constitutes the “practice of law in Massachusetts.” Although he cites several cases for this proposition, these cases do not go nearly as far as Professor Jacobson assumes, as they each involve cases wholly within the jurisdiction of the Massachusetts courts, specifically Massachusetts real estate transactions and Massachusetts probate matters.

He further errs in deeming “on point” a 1976 case in which the Massachusetts state bar issued an ethics opinion prohibiting a law firm from listing a “Boston Office” address on its letterhead where the firm lacked any Massachusetts-admitted attorneys but instead sought to claim that a Massachusetts firm with which it had a relationship falling short of an “associate” or “partnership” relationship constituted its “Boston Office.” This case, however, is not “on point,” as it is not an unauthorized practice of law case but is instead a misleading communications case in which the firm was prohibited from “holding itself out to the public” as having a Massachusetts office. Jacobson incorrectly assumes that merely listing an office location in a court filing, rather than a communication “to the public” constitutes “holding oneself out to the public” as being licensed in the jurisdiction in which one’s office is located.

But most importantly, Professor Jacobson ignores Massachusetts Rule of Professional Conduct 5.5(d), which states that:

“A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that…are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.”

The Official Comments to Rule 5.5(d) further elaborate to make explicit that 5.5(d) permits even “systematic and continuous presence in [Massachusetts] for the practice of law as well as provide legal services on a temporary basis.”

As the cases to which Professor Jacobson has drawn our attention are entirely cases from the federal courts, and indeed appear to be cases lying even outside the jurisdiction of the Massachusetts federal courts, and as there seems to be no allegation that Professor Warren was unauthorized to appear in those cases, the Massachusetts Rules of Professional Conduct appear to explicitly exempt Professor Warren’s actions in those cases from the prohibitions on the unauthorized practice of law.

She did nothing illegal based on the rules. She's still a fraud though.

FILING briefs is practicing law.

What briefs has she filed in STATE courts? The Travelers case was heard by the US Supreme court, where she is eligible to practice.

 

[Conservative]

Where has she been practicing law?

If you are not an active lawyer there is no need to maintain a license

Here are the details...

Maintained private law practice at Cambridge office for over a decade but not licensed in Massachusetts

2. Warren Used Her Cambridge Office as Her Law Office

Regardless of where she was admitted, Warren consistently since the late 1990s has held herself out as having her professional address for legal representation at her Harvard Law School office in Cambridge, Massachusetts.

Warren was listed as “Of Counsel” on Travelers’ Supreme Court Brief, listing her Harvard Law School office as her office address:

She used her Cambridge address as her address in multiple legal cases and briefs.

You fucking simpleton. All you need to argue in federal court is to be a member of the ABA, which Warren is, and which doesn't require a state license.

wrong, dumb ass. I already posted the Supreme Court requirements. You MUST have been a member of a state bar in good standing for 3 consecutive years immediately prior to applying to the SCOTUS bar.

 

[Dick Tuck]

Elizabeth Lie-a-watha Warren, the fake Indian is also a fake attorney...big surprise!

and?

for the record, she wouldn't have to be licensed in Mass to do an of counsel on a US Supreme Court matter... she'd have to be admitted to practice before the US Supreme Court.

d'oh.

http://www.supremecourt.gov/bar/barinstructions.pdf

You must obtain a certificate of good standing from the presiding judge, clerk, or other authorized official of the highest court of a State, Commonwealth, Territory or Possession, or of the District of Columbia, evidencing the fact that you have been a member of the Bar of such court for at least three years and are in good standing.

To qualify for admission to the Bar of this Court, an applicant must have been admitted to practice in the highest court of a State, Commonwealth, Territory or Possession, or the District of Columbia for a period of at least three years immediately before the date of application...

You MUST be a member of a bar in good standing.

Hey dumbshit. She is a member of the bar, in good standing. Are you really this moronic?

 

[Conservative]

No, Elizabeth Warren Did Not Engage in the Unauthorized Practice of Law






She did nothing illegal based on the rules. She's still a fraud though.

FILING briefs is practicing law.

What briefs has she filed in STATE courts? The Travelers case was heard by the US Supreme court, where she is eligible to practice.

wrong again dumb ass. go back and read the thread. educate yourself, Dickless Fuck.