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Elections Discuss Elizabeth Warren’s law license problem at the Political Forums; The debate last Thursday night between Scott Brown and Elizabeth Warren covered ground mostly known to voters. But there was ...

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Old 09-24-2012, 12:43 PM
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Exclamation Elizabeth Warren’s law license problem

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The debate last Thursday night between Scott Brown and Elizabeth Warren covered ground mostly known to voters.

But there was one subject most people watching probably did not know about, Elizabeth Warren’s private legal representation of The Travelers Insurance Company in an asbestos-related case.

Brown brought the point up late in the debate, and hammered it:

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.

Whatever the political implications of the exchange, Warren’s representation of Travelers raises another big potential problem for Warren.

Warren represented not just Travelers, but numerous other companies starting in the late 1990s working out of and using her Harvard Law School office in Cambridge, which she listed as her office of record on briefs filed with various courts. Warren, however, never has been licensed to practice law in Massachusetts.

As detailed below, there are at least two provisions of Massachusetts law Warren may have violated. First, on a regular and continuing basis she used her Cambridge office for the practice of law without being licensed in Massachusetts. Second, in addition to operating an office for the practice of law without being licensed in Massachusetts, Warren actually practiced law in Massachusetts without being licensed.

Warren refused to disclose the full extent of her private law practice when asked by The Boston Globe. If Warren denies that she has practiced law in Massachusetts without a license, Warren should disclose the full extent of her private law practice. The public has a right to assess whether Warren has failed to comply with the most basic requirement imposed on others, the need to become a member of the Bar of the Commonwealth of Massachusetts in order to practice law in and from Massachusetts.

Elizabeth Warren’s law license problem - Le·gal In·sur·rec·tion
Man, does this woman ever tell the truth? No law license? She should be brought up on charges and disbarred from practicing law. And, all cases she worked on should then be reviewed and reversed to be retried again.
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Old 09-24-2012, 01:12 PM
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Default Re: Elizabeth Warren’s law license problem

I hope this is just a blip and she does win. Her opponent is hurting the country.
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Old 09-24-2012, 01:19 PM
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Default Re: Elizabeth Warren’s law license problem

This is not a "problem"...

Elizabeth Warren is a Democrat, so this is known as "small oversight"...

For a Republican, this would be known as "a major problem devestating to the campaign!!!!"...

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Old 09-24-2012, 01:22 PM
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Default Re: Elizabeth Warren’s law license problem

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This is not a "problem"...

Elizabeth Warren is a Democrat, so this is known as "small oversight"...

For a Republican, this would be known as "a major problem devestating to the campaign!!!!"...

depends on what the voters think. to be honest though isn't he spending an awful lot of time going after her character instead of the issues?
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Old 09-24-2012, 01:51 PM
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Default Re: Elizabeth Warren’s law license problem

Warren doesn't have to prove her innocence, the state has to prove her guilt. So far, all we have is guilt by accusation. If this is a legitimate case, then the Mass. DA needs to bring forth it's proof and press charges.
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Old 09-26-2012, 04:03 PM
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Default Warren faces question over law license in latest accusation to roil Senate race

Looks like "Native American" Elizabeth Warren may have possibly practiced law without a law license.

This Massachusetts Senate race is an ugly one. I will be glad when this is over. It is embarrassing when politics wind up in this manner.

Quote:
In the latest charge to roil the tense Massachusetts Senate race, Democratic candidate Elizabeth Warren was accused this week of potentially practicing law in Massachusetts without a license.

Cornell law professor and legal blogger William Jacobsen made the claim on his Legal Insurrection website. He said Warren's legal practice is listed as the Bay State but no records show her having a license to practice law there.

Jacobsen says he found no law license under Warren’s last name or her maiden name, Herring, during an exhaustive search of state records. Jacobsen said he also confirmed with a clerk at the Massachusetts Board of Bar Overseers that Warren has never applied for a license.

Even so, it remains unclear whether Warren has violated any laws.

Issues about Warren’s legal practices began surfacing last week in her first debate with Republican Sen. Scott Brown – one that punctuated what has become a hard-hitting, razor-close race. An average of polls by the RealClearPolitics website has Warren leading by less than 2 percentage points.

Brown -- who on Thursday repeatedly referred to Warren as "professor" during the candidates’ first debate -- reminded viewers that Warren in 2009 represented Travelers Insurance Co. before the Supreme Court in an asbestos-related case.

Warren had to have had an active state bar license when applying to try cases before the high court, according to the Supreme Court. So the more questionable issue appears to be whether Warren practiced state-level law from her Harvard office without a Massachusetts license.

Warren was paid $212,000 for three years of work in a case that involved thousands of asbestos victims and was “notable because Warren, who has gained fame for defending consumers against big business, was in this case working on behalf of a big business,” The Boston Globe wrote.

In addition, Warren, as a Harvard Law professor in 1995, attempted to help the LTV steel conglomerate avoid paying $140 million in benefits to retired coal miners, The Boston Herald reported Tuesday. Warren wrote a petition to the Supreme Court challenging a lower court ruling for the miners. The high court never took up the case, but Warren was paid roughly $10,000, according to documents obtained by the newspaper.

The Warren campaign had not responded to requests to verify whether the candidate has a license in Massachusetts or elsewhere.

Jacobsen writes that Warren listed in a 2008 resume that she has a license to practice law in Texas and New Jersey. Texas records show the license is inactive, but doesn’t indicate when it became inactive. And Warren reportedly cancelled her New Jersey license on Sept. 11 of this year.

Jacobsen also said he must make a written request in New Jersey to learn whether Warren's license was active during the Travelers case because the computer records show only the current status.

"It is unclear whether during the years she represented Travelers and others whether Warren was actively licensed anywhere," Jacobsen wrote in his blog.

The questions about Warren’s legal licenses follow repeated ones about whether she exaggerated her background in using her Native American ancestry to get law professor jobs at Harvard and the University of Pennsylvania.

A genealogist earlier this year claimed Warren is 1/32 Native American, though the documentation for that claim was later called into question.

Brown posted an ad Monday that revisits the questions about whether Warren used the Native American status for professional gain.

On Tuesday, Warren released a new, 30-second ad countering the attacks.

“I never asked for and never got any benefit because of my heritage,” Warren says in the ad. “The people who hired me said they didn’t even know about it. Scott Brown can keep attacking my family, but I’m going to keep fighting for yours.”
Read more: Warren faces question over law license in latest accusation to roil Senate race | Fox News

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Old 09-26-2012, 04:06 PM
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Default Re: Warren faces question over law license in latest accusation to roil Senate race

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Originally Posted by Comet View Post
Looks like "Native American" Elizabeth Warren may have possibly practiced law without a law license.

This Massachusetts Senate race is an ugly one. I will be glad when this is over. It is embarrassing when politics wind up in this manner.



Read more: Warren faces question over law license in latest accusation to roil Senate race | Fox News

It's been going on since John Adams and Thomas Jefferson ran for president, why should today be any different.
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Old 09-26-2012, 04:42 PM
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Default Re: Elizabeth Warren’s law license problem

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Old 09-26-2012, 08:17 PM
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Default Re: Elizabeth Warren’s law license problem

[sarcasm]I love it when politics enters the discussion of the practice of law [/sarcasm]

While it is really easy to stand outside the fire, point in, laugh, snicker and berate, it's much harder to take a moment to do a bit of analysis on the question and ask yourself what are we actually talking about...

First, it appears that Warren was indeed licensed to practice law in at least two different jurisdictions including Texas and New Jersey.

Second, it also appears that Warren was accepted to practice before federal courts (which generally rely on the license from a state to give practicing privileges).

So if Warren was practicing in federal court on federal issues was she really practicing in Mass.? That doesn't seem to be clear at all. Let's take it a step further...

What about in house counsel for businesses? It happens quite frequently that the in house counsel isn't licensed to practice in the jurisdiction in which the business resides, but that doesn't mean they can't serve in that capacity. They just can't appear in court as the attorney of record unless they've applied for a special appearance (which is generally granted).

The same is true with accountants.

Then, we have to factor in her role as a law professor. Professors are often expected to write briefs in support of or against cases even if they aren't representing any side. Is this "practicing" under Mass. law? I don't know.

What about an attorney who is licensed to practice in OK, but resides in TX working for a TX firm dealing only with OK issues TX clients are facing? Is that person really practicing law in TX or OK? If a law firm in Houston has an attorney licensed to practice in NM on staff in Houston to deal with NM oil and gas law, which jurisdiction is that person practicing in?

It just seems to me to be a lot of hoopla over something that generally amounts to nothing in the long run.
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