By Rob Janicki
This is going to be something big, very big and very soon. Elizabeth Warren apparently is not currently licensed to practice law in any state and she has never been licensed to practice law in Massachusetts, from which she has maintained an active high profile law practice out of her Harvard Law School office.
I am not even going to cut and paste any relevant quotes. The details from Legal Insurrection are absolutely awesome in their depth and breadth of the investigation into this block busting scandal. Please use the above link to see William A. Jacobson's excellent research into this situation that will quickly escalate into a scandal of great importance in Warren's campaign to unseat U.S. Senator Scott Brown (R-MA).
It appears that Elizabeth Warren, in addition to being a serial liar on her biographical resume, may have indeed broken the law over a decade or more. Practicing law in any state without a license from that state is a violation of the Code of Professional Conduct in every state and is a crime under state statutes.
Can Warren survive this scandal? Will the Massachusetts Bar investigate this situation? Will the Massachusetts Attorney General investigate this situation? Will any legal charges ensue from these investigations? Does Elizabeth Warren have enough clout to quash these potential investigations or at least delay them until after November 6? All good questions. The answers should be even more interesting.
Yeah, right. She admitted on the radio program today (9/24/12) that she has been INACTIVE in the New Jersey bar for "a very, very long time" and on 9/11/12 she voluntarily resigned from the NJ bar (in the midst of her Senate campaign). She further said she is NOT licensed in MA and never has been. The Jacobson report says that she is INACTIVE in Texas. So, did she file any briefs anywhere without being on active status in any jurisdiction? Has she given legal advice without being ACTIVE in any jurisdiction? How is this possible. You have to be active SOMEWHERE. As you say, it SEEMS she is not CURRENTLY licensed anywhere. She was inactive "a very, very long time" in New Jersey. Was she INACTIVE when she signed her name to pleadings or dispensed legal advice? I'm merely asking.
ReplyDeleteInactive status indicates an attorney is not allowed to practice law in the state that they are licensed until such time as they regain active status with the state bar by paying the annual licensing fee for the current calendar year or clearing up any lingering investigations into their practice. State Bars very on their requirements to regain active status, but at the very least the current annual licensing fee is necessary. There are two categories for an attorney to surrender his/her license and these are voluntary and involuntary.
ReplyDeleteInvoluntary surrender is caused by action of the Bar for violations of law and Bar regulations usually pertaining to violations to the Code of Professional Responsibility, but can include serious violations of law.
Voluntary surrender at the discretion of the attorney will usually forestall any formal action by the Bar for any disciplinary action up to and including disbarment. Sometimes an attorney moves on into a non attorney occupation and sees no reason to remain a dues paying member of the state bar and simply and formally surrenders their law license.
Warren was an active participant in the Travelers Insurance case and signed off as a practicing attorney in Massachusetts. That's where her legal liability will rest. In order to practice as the primary attorney in a state court, you must have passed that state's bar exam. There is no exception to this requirement. If Warren was active in Texas or New Jersey at the time of the Travelers case, she might be able to claim herself as a co-counsel subordinate with and to an attorney licensed in Massachusetts, but she must be licensed in some state at that time to make that claim. It will be interesting to follow this situation.