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

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But there was one accountable best people watching apparently did not apperceive about, Elizabeth Warren’s private legal representation of The Travelers Insurance Company in an asbestos-related case.

Brown brought the point up backward in the debate, and formed it:

Warren attempted to abjure her role, and referred to a Boston Globe article, but the Globe commodity supports Brown’s account.  The Globe commodity adumbrated the representation was for a aeon of three years and Warren was paid $212,000.  The case resulted in a Supreme Cloister achievement for Travelers arising out of a defalcation case in New York.

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

Warren represented not aloof Travelers, but abundant added companies starting in the backward 1990s alive out of and application her Harvard Law Academy appointment in Cambridge, which she listed as her appointment of almanac on briefs filed with assorted courts.  Warren, however, never has been accountant to convenance law in Massachusetts.

As abundant below, there are at least two accoutrement of Massachusetts law Warren may accept violated.  First, on a approved and continuing base she used her Cambridge office for the convenance of law without actuality accountant in Massachusetts.  Second, in accession to operating an appointment for the convenance of law afterwards actuality accountant in Massachusetts, Warren absolutely accomplished law in Massachusetts afterwards actuality licensed.

Warren banned to acknowledge the abounding admeasurement of her clandestine law convenance aback asked by The Boston Globe.  If Warren denies that she has accomplished law in Massachusetts afterwards a license, Warren should acknowledge the abounding admeasurement of her clandestine law practice.  The accessible has a appropriate to assess whether Warren has bootless to accede with the best basal claim imposed on others, the charge to become a affiliate of the Bar of the Commonwealth of Massachusetts in adjustment to convenance law in and from Massachusetts.

Warren is not accountant to convenance law in Massachusetts.  Warren’s name does not about-face up on a chase of the Board of Bar Overseers advocate chase website (searches aloof by aftermost name or application Elizabeth Herring additionally do not about-face up any accordant entries).

I accepted with the Massachusetts Board of Bar Overseers by blast that Warren never has been accepted to convenance in Massachusetts.  I had two conversations with the actuality amenable for acceptance advocate status.  In the aboriginal chat the actuality adumbrated she did not see any access for Warren in the computer database, but she capital to bifold check.  I batten with her afresh several hours later, and she adumbrated she had arrested their files and additionally had announced with accession actuality in the office, and there was no almanac of Warren anytime accepting been accepted to convenance in Massachusetts.

Warren’s own advertisement of her Bar admissions is constant with not actuality accountant in Massachusetts.  In a June 25, 2008 CV  Warren listed alone Texas and New Jersey.

Warren’s Texas Bar admonition indicates she is not acceptable to be accountant in Texas, but does not announce aback she went on that abeyant status.  Constant with our award that Warren was not accepted in Massachusetts, Warren listed alone one added abode of acceptance on her Texas record, New Jersey:

Warren became accountant in New Jersey in 1977.  She abundantly and speculatively claimed to be the “first nursing mother to booty a Bar exam” in New Jersey.

Warren, however, is not currently accountant in New Jersey:

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While the date of abortion of her New Jersey authorization is not on the website, blast inquiries to the New Jersey Board of Bar Examiners and the New Jersey Attorneys Fund For Applicant Protection adumbrated that Warren accommodated her authorization on September 11, 2012 (one of the bodies remarked to me “that’s a memorable day”).  It’s odd that in the average of a attack Warren would booty the time to abandon her New Jersey Bar membership, decidedly aback she would accept to balance the Bar assay to be readmitted.

Neither appointment in New Jersey could accompaniment whether her authorization was continuously active until her abandonment because the computer alone shows the accepted status, so I accept fabricated the appeal in autograph as instructed.  By resigning her New Jersey authorization beforehand this month, Warren fabricated it added difficult for the accessible to actuate her pre-resignation status.

By all accessible information, Warren never has been accountant in Massachusetts, but at capricious times has had alive law licenses in Texas and New Jersey, although currently she is not accountant in either jurisdiction.  It is cryptic whether during the years she represented Travelers and others Warren was actively accountant anywhere.

I emailed the Warren campaign’s spokesperson, Alethea Harney, afterwards the agitation Thursday night requesting a account of all jurisdictions in which Warren was accountant to convenance law.  I requested that the admonition be provided by Friday morning accurately so I could accommodate the campaign’s response, but I accustomed no response.

Regardless of area she was admitted, Warren consistently aback the backward 1990s has captivated herself out as accepting her able abode for acknowledged representation at her Harvard Law Academy appointment in Cambridge, Massachusetts.

Warren was listed as “Of Counsel” on Travelers’ Supreme Cloister Brief, advertisement her Harvard Law Academy appointment as her appointment address:

Warren additionally acclimated her Cambridge appointment abode in added Supreme Cloister Briefs, such as Rousey v. Jacoway in 2004 area she represented AARP:

In 2003, Warren acclimated her Cambridge abode for accession AARP Supreme Cloister Brief in Till v. SCS Acclaim Corp. (no accessible angel available, but accessible in argument form through Westlaw at 2003 WL 22070307) in which she appeared forth with added counsel:

In the Till Brief,  a Harvard Law Academy apprentice was thanked for allowance with the Brief, a bright absorption that the assignment on the Brief was performed at atomic in allotment in Cambridge.

Similarly, in 2002 in  FCC v. Nextwave Communications, Warren filed a Brief for the Official Creditors Committee and filed a Brief (available Westlaw at  2002 WL 1379031 ) forth with her Harvard Law Academy colleagues Laurence Tribe and Charles Fried (each of whom is accountant in Massachusetts) application her Cambridge address:

In 1998 Warren was on the Supreme Cloister Brief for the National Affiliation of Acclaim Management (available Westlaw 1998 WL 536369), afresh application her Cambridge address:

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Warren additionally has had added acknowledged representations application Cambridge as the area of her law office, such as National Gypsum Co v. National Gypsum Trust, 219 F.3d 478 (5th Cir. 2000):

Additional cloister cases in which Warren acclimated her Cambridge abode accommodate Amount of Cajun Elec. Power Co-op., Inc., 150 F.3d 503 (5th Cir. 199i8)(“Elizabeth Ann Warren, Harvard Law School, Cambridge, MA, for Southwestern Elec. Power Co.”) and Amount of P.A. Bergner & Co., 140 F.3d 1111 (7th Cir. 1998)(“Elizabeth Warren (argued), Harvard Law School, Cambridge, MA”).

The bright almanac shows that aback the backward 1990s Warren has captivated herself out as apery litigants application her Harvard Law Academy address, and there is every acumen to accept the assignment was performed in Massachusetts, in some cases utilizing apprentice help.

The listings above are not exhaustive, and there may be cases not arise in cyberbanking databases, in which Warren has acted as admonition application her Cambridge address.  For example, if Warren rendered acknowledged admonition but did not arise on the Brief or access a cloister appearance, there would be no record.  Accompaniment cloister case briefs and appearances additionally are not captured by databases to the admeasurement of federal cases.

What additionally is alien is whether any of Warren’s representations complex Massachusetts audience or law, as Warren’s attack has banned to acknowledge the abounding attributes of her law convenance aback asked by The Boston Globe.

Warren’s appointment at Harvard Law Academy appears to have been her only office.  I can acquisition no almanac of Warren application any added abode for such filings and representations added than her Cambridge address.  That appointment not only was used in various cases listed above, it additionally is the appointment listed for her now inactive Texas law license:

There is no claim that a law abecedary be accountant to convenance law in Massachusetts in adjustment to advise or broadcast on capacity accompanying to law.  In fact, a law abecedary charge not alike be a lawyer.  Once that law abecedary starts acting a lawyer, however, the accustomed licensing rules apply.

The catechism becomes whether Warren was “practicing law” at her Cambridge address, or accomplishing commodity that does not aggregate the convenance of law.

A person practicing law in Massachusetts needs to be accountant 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 accepted proposition, an advocate practicing law in Massachusetts charge be licensed, or authorized, to convenance law here”).

While there is no distinct analogue of what it agency to “practice law,” the Massachusetts Supreme Administrative Cloister has held:

As accepted observations, we accept acclaimed that the convenance of law involves applying acknowledged acumen to abode a client’s abundant needs … and that custom and convenance may comedy a role in chargeless whether a accurate action is brash the convenance of law …  Added specifically, we accept stated:

“[D]irecting and managing the administration of acknowledged claims and the enactment of the acknowledged rights of others, area it is all-important to anatomy and to act aloft opinions as to what those rights are and as to the acknowledged methods which charge be adopted to accomplish them, the convenance of giving or capacity acknowledged admonition as to such rights and methods and the practice, as an occupation, of drafting abstracts by which such rights are created, modified, surrendered or anchored are all aspects of the convenance of law.”

Real Acreage Bar Ass’n for Massachusetts, Inc. v. National Absolute Acreage Admonition Services, 459 Mass. 512, 517-518, 946 N.E.2d 665, 674 (Mass. 2011)(citations omitted)(drafting absolute acreage accomplishments for others constituted convenance of law); see additionally Lindsey v. Ogden, 10 Mass.App.Ct. 142, 149-150, 406 N.E.2d 701, 709 (Mass.App., 1980)(person administering beheading of will was not agreeable in the convenance of law area he “never captivated himself out as a Massachusetts lawyer, never drew any abstracts in Massachusetts, and never did annihilation abroad that could be brash as the convenance of law in this State.  A Massachusetts calm is chargeless to altercate a accountant New York advocate on the claim of her acreage plan”);

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Warren’s activities on account of Travelers and added parties in the cases listed aloft would assume to abatement calmly aural this analogue of practicing law.

Warren declared herself as “Of Counsel” or counsel and acutely was apprehension acknowledged admonition and casework based aloft her appraisal of the law:

Generally speaking, the convenance of law can include, “the assay of statutes, administrative decisions, and authoritative rulings, for the purpose of advising aloft a catechism of law … and the apprehension to a applicant of an assessment thereon.” See Lowell Bar Ass’n v. Loeb, 315 Mass. 176, 52 N.E.2d 27, 33 (1943).

In re Bonarrigo, 282 B.R. 101 D.Mass.,2002 (bankruptcy abode preparers affianced in convenance of law).

In adjustment to convenance law in Massachusetts, decidedly from a Massachusetts office, one needs to be accepted to the Massachusetts Bar, which Warren never has been.  There is no accepted barring from licensing requirements for law professors.

Massachusetts Accepted Laws, Chapter 221, Section 46A provides (emphasis mine):

Section 46A.  No individual, added than a member, in acceptable standing, of the bar of this commonwealth shall convenance law, or, by word, sign, letter, advertisement or otherwise, ascendancy himself out as authorized, entitled, competent, able or able to convenance law; provided, that a affiliate of the bar, in acceptable standing, of any added accompaniment may appear, by permission of the court, as advocate or counselor, in any case awaiting therein, if such added accompaniment grants like privileges to assembly of the bar, in acceptable standing, of this commonwealth.

Massachusetts Aphorism of Able Conduct 5.5 provides in pertinent part that the obligation to be accountant has some attenuated exceptions.  [See comment added 10-1-2012 at basal of post.]  None of those exceptions administer to Warren (emphasis mine):

(b) A advocate who is not accepted to convenance in this administration shall not:

(1) except as accustomed by these Rules or added law, authorize an appointment or added analytical and connected attendance in this administration for the convenance of law; or(2) ascendancy out to the accessible or contrarily represent that the advocate is accepted to convenance law in this jurisdiction.

(c) A advocate accepted in accession United States jurisdiction, and not disbarred or abeyant from convenance in any jurisdiction, may accommodate acknowledged casework on a acting base in this administration that:

(1) are undertaken in affiliation with a advocate who is accepted to convenance in this administration and who actively participates in the matter;(2) are in or analytic accompanying to a awaiting or abeyant proceeding afore a attorneys in this or accession jurisdiction, if the lawyer, or a actuality the advocate is assisting, is accustomed by law or adjustment to arise in such proceeding or analytic expects to be so authorized;(3) are in or analytic accompanying to a awaiting or abeyant arbitration, mediation, or added accession altercation resolution proceeding in this or accession jurisdiction, if the casework arise out of or are analytic accompanying to the lawyer’s convenance in a administration in which the advocate is accepted to convenance and are not casework for which the appointment requires pro hac carnality admission; or(4) are not aural paragraphs (c)(2) or (c)(3) and arise out of or are analytic accompanying to the lawyer’s convenance in a administration in which the advocate is accepted to practice.

As the Aphorism makes clear, d Warren were accountant in accession administration (which is unclear), Warren still could not advance an appointment in Massachusetts for the convenance of law, which she did, unless accountant in Massachusetts, which she was not.

Warren cannot adjure the “temporary basis” barring quoted aloft because she maintained the Cambridge appointment continuously and for a continued aeon of time, and was not briefly in Massachusetts accessory to her convenance in a administration where  she was licensed.  A Comment to the Aphorism provides:

[6] There is no distinct analysis to actuate whether a lawyer’s casework are provided on a “temporary basis” in this jurisdiction, and may accordingly be permissible beneath branch (c). Casework may be “temporary” alike admitting the advocate provides casework in this administration on a alternating basis, or for an continued aeon of time, as aback the advocate is apery a applicant in a distinct diffuse agreement or litigation.

Whether the casework were on a “temporary basis” would crave a assuming that Warren was actively accountant abroad (a actuality her abandonment from New Jersey makes added difficult to verify) and whether the casework were in affiliation to her activities in the added jurisdiction.  Comment 14 provides in pertinent part:

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[14] Paragraphs (c)(3) and (c)(4) crave that the casework arise out of or be analytic accompanying to the lawyer’s convenance in a administration in which the advocate is admitted….

Comment 10 additionally explains that temporary conduct in affiliation with a amount awaiting in a administration in which the advocate is licensed, such as interviewing a attestant in Massachusetts or administering a degradation in Massachusetts, is permitted.  That would assume extraneous here, both because Warren’s appointment was in Massachusetts, and additionally because her representation of Travelers was not of such attributes that her casework were accidental to her representation of Travelers in a administration in which she was licensed.

Moreover, the Travelers case was not the alone acknowledged representation Warren has provided over the years, as approved above.  According to The Boston Globe commodity about the Travelers case:

The admeasurement of her acknowledged practice, and the audience she has represented, is unclear.

Her attack would not absolution a abounding account of cases she has been complex in. And, while some representation appears in broadcast cloister records, abundant of her consulting can be done afterwards agreement her name on dockets as an advocate of record.

Her attack abundant six Supreme Cloister cases in which she has filed alleged acquaintance of the cloister briefs. They accommodate two briefs on account of the AARP: one of which supports attention alone retirement accounts in the accident of a defalcation and accession that fights to acquiesce board to lower consumers’ acclaim agenda absorption ante in the accident of claimed bankruptcies.

Warren’s 2008 CV lists six Supreme Cloister Briefs in which she had alternate (although two of them arise to be briefs filed on her behalf, not briefs filed by her as counsel), all of which predated the Travelers case:

Here, aback Warren maintained her Cambridge appointment as her law appointment for able-bodied over a decade, it is adamantine to altercate that it was either acting or in affiliation with her convenance in accession jurisdiction.  Moreover, clashing the out of accompaniment advocate in the Lindsey case above, Warren accomplished law from her appointment in Massachusetts.

This is clashing some cases in which unlicensed conduct in Massachusetts is absolved if accessory to the attorney’s convenance in a accompaniment in which he or she is licensed.  In re Chimko, 444 Mass. 743, 831 N.E.2d 316 (Mass. 2005).  Here, even if she were accountant in New Jersey while apery Travelers (a actuality we still are aggravating to confirm), that would not admittance Warren to advance a law convenance in Massachusetts unless accountant in Massachusetts.

There is a Massachusetts Bar Affiliation Ethics Assessment which seems on point.  Actuality is the official arbitrary (emphasis mine):

Summary: It is abnormal and ambiguous for an out-of-jurisdiction close whose assembly and assembly are not accepted to the Massachusetts bar to abode a “Boston Office” abode on its letterhead. In addition, the card of such an out-of-jurisdiction law close may not contain, afterwards more, the names of Boston attorneys who are not assembly or ally of that firm.

It is able for an out-of-jurisdiction close to accept a bounded appointment adumbrated on its card if (1) that appointment is operated by at atomic one affiliate or accessory of the close who is accepted to the Massachusetts bar, and (2) any archive of attorneys on the close card makes bright which attorneys are not accepted to convenance in Massachusetts and any added authoritative limitations.

Yet Warren, who was not and never was accountant to convenance law in Massachusetts, has captivated her Cambridge appointment out to be her law appointment for the purpose of accouterment acknowledged representation.

As acclaimed above, we do not apperceive the admeasurement to which Warren has represented Massachusetts audience or offered admonition as to Massachusetts law.  The American Bar Affiliation has accustomed the botheration beneath Model Aphorism 5.5 for a advocate who maintains an appointment in one administration but practices “virtually” in accession jurisdiction.  While the ABA is alive on analytic such internet-age issues, there is no ascendancy which exempts from the licensing requirements an advocate domiciled in Massachusetts application a Massachusetts appointment but who offers acknowledged admonition and casework alone to out-of-state audience and as to non-Massachusetts law.

My estimation of Massachusetts law, and the ample ambit of conduct which requires acceptance to the Massachusetts Bar, is constant with the instructions Harvard Law Academy provides to law acceptance who ambition to participate in acknowledged Clinics.

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In Massachusetts, as in best states, acceptance can accommodate casework which contrarily would crave a law license, accouterment that assertive requirements, such as accouterment the casework through a accustomed law academy dispensary beneath the administration of an advocate accepted to convenance in Massachusetts, are met.

Here is what Harvard Law Academy cautions its students:

3. Standards of able behavior for law students.

As approaching practicing lawyers, law acceptance accept standards of able behavior and responsibilities accepted of them. Please be brash that every state, including the Commonwealth of Massachusetts, has statutes and rules that prohibit the “unauthorized convenance of law.” (See, e.g., Mass. Gen. Laws ch. 221 §41; Mass. Rules of Able Conduct, Aphorism 5.5)

The convenance of law is broadly authentic and can accommodate accouterment advice, in accession to absolute representation. Aloof as one charge get a authorization to convenance medicine, one charge be accepted to the bar in a accurate accompaniment to be able to convenance law. Law acceptance are acceptable to do acknowledged assignment for audience as continued as the apprentice is alive as an alone supervised by an advocate accepted to convenance law in the accordant administration and that advocate takes albatross for the acknowledged work. Agreeable in the crooked convenance of law may aftereffect in bent penalties, including fines and imprisonment. See: Massachusetts Conveyancers Ass’n, Inc. v. Colonial Title & Escrow, Inc., 2001 WL 669280 (Mass.Super. 2001) : whether a accurate action constitutes the convenance of law is actuality specific. Amount of Shoe Manufacturers Protective Association, 295 Mass. 369, 372 (1936). http://www.reba.net/images/UserFiles/File/amici/Darryl Chimko v Richard A. KingAmicus Brief.pdf; http://www.relanc.com/documents/REBA Brief to Massachusetts SJC re UPL Issue.pdf

HLS acceptance are appropriate to accede with rules apropos the convenance of law and the Law School’s behavior apropos assurance in the convenance of law while enrolled at the Law School.  These rules ensure able administration and acquiescence with applicative acknowledged requirements. Abuse of the rules on the crooked convenance of law may aftereffect in antidotal affairs afore the Administrative Board, and may baffle with accommodation for acceptance to the bar.

None of these acknowledged standards should appear as a abruptness to Warren.  If Harvard Law Academy expects its acceptance not to appoint in the crooked convenance of law in Massachusetts, apparently it provides agnate admonishing to its faculty.  Unfortunately, clashing abounding added Harvard schools, the law academy adroitness handbook is not accessible online or to the public.

While I accept not arrested every Harvard Law adroitness member, several high contour professors who accommodate or accept provided private acknowledged casework from their Harvard offices are accountant to convenance law in Massachusetts, including Alan Dershowitz, Charles Fried, and Laurence Tribe.

What is odd is that Warren could accept been accepted to the Massachusetts Bar on motion, aback she was accepted abroad and had at atomic bristles years law teaching/practice acquaintance (unless she had ahead taken and bootless the Mass Bar Exam).  I am not assertive aback this motion accouterment came into aftereffect in Massachusetts.

I detail aloft the facts and law which advance me to the cessation that Warren has accomplished law in Massachusetts afterwards a authorization in abuse of Massachusetts law for able-bodied over a decade.

I apprehend Warren will disagree, and I acceptable a altercation of the facts and the law.

I agnosticism that will happen.  Instead, and agnate to how her attack approved to demonize me and the Cherokee women who questioned her declared Native American ancestry, I apprehend Warren’s attack will attack to avert these austere issues by advancing the messenger.

Warren should acknowledge the abounding ambit of her clandestine law practice.  Perhaps there are facts not about accessible which will authenticate that Warren was not affianced in the convenance of law in Massachusetts aback she becoming $212,000 from Travelers, additional added fees from others who approved out her acknowledged ability dating aback to the 1990s.

The voters of Massachusetts are advantaged to know, before they vote, whether one of the candidates for Senate has not been afterward the rules which administer to anybody else.

Update:  No, Mass. Board of Bar Overseers has not absolved Elizabeth Warren and Elizabeth Warren represented Massachusetts applicant in Massachusetts.

Footnote added 10-1-2012: The multi-jurisdictional safe anchorage accoutrement in Accepted Aphorism 5.5, did not appear into aftereffect in Massachusetts until January 1, 2007, and accordingly would not aid Warren in arresting her convenance of law in Massachusetts above-mentioned to that date.  (See this case for description of above-mentioned rule.)

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