Yesterday a website called Legal Insurrection posted an article about the law practice of U. S. Senate Candidate Elizabeth Warren.
William A. Jacobson, the writer of the article, reports:
I confirmed with the Massachusetts Board of Bar Overseers by telephone that Warren never has been admitted to practice in Massachusetts. I had two conversations with the person responsible for verifying attorney status. In the first conversation the person indicated she did not see any entry for Warren in the computer database, but she wanted to double check. I spoke with her again several hours later, and she indicated she had checked their files and also had spoken with another person in the office, and there was no record of Warren ever having been admitted to practice in Massachusetts.
Meanwhile, the article also states:
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:
I called a lawyer I know and asked if this was normal practice. I was informed that the average lawyer would be disbarred (or worse) for practicing law in Massachusetts without having been admitted to the bar in Massachusetts.
The article further states:
There is no requirement that a law teacher be licensed to practice law in Massachusetts in order to teach or publish on topics related to law. In fact, a law teacher need not even be a lawyer. Once that law teacher starts acting a lawyer, however, the normal licensing rules apply.
The question becomes whether Warren was “practicing law” at her Cambridge address, or doing something that does not constitute the practice of law.
A person practicing law in Massachusetts needs to be licensed to do so. Superadio Ltd. Partnership v. Winstar Radio Productions, LLC, 446 Mass. 330, 334, 844 N.E.2d 246, 250 (Mass. 2006)(“As a general proposition, an attorney practicing law in Massachusetts must be licensed, or authorized, to practice law here”).
As a lawyer, she would have known that she had to be admitted to the bar in Massachusetts to practice law in Massachusetts.
The article concludes:
I detail above the facts and law which lead me to the conclusion that Warren has practiced law in Massachusetts without a license in violation of Massachusetts law for well over a decade.
I expect Warren will disagree, and I welcome a discussion of the facts and the law.
I doubt that will happen. Instead, and similar to how her campaign tried to demonize me and the Cherokee women who questioned her supposed Native American ancestry, I expect Warren’s campaign will attempt to deflect these serious issues by attacking the messenger.
Warren should disclose the full scope of her private law practice. Perhaps there are facts not publicly available which will demonstrate that Warren was not engaged in the practice of law in Massachusetts when she earned $212,000 from Travelers, plus other fees from others who sought out her legal expertise dating back to the 1990s.
The voters of Massachusetts are entitled to know, before they vote, whether one of the candidates for Senate has not been following the rules which apply to everyone else.
Massachusetts voters have a choice in November between a man who legally practiced law in this state for a number of years and a lady who seems to have very little regard for the law.