Today, it was reported that in 2001 Sen. Elizabeth Warren (D-MA) represented a Massachusetts client in a Massachusetts Federal Courtroom in a case that involved Massachusetts law without a license to practice law in Massachusetts. The case was heard before the First Circuit Court of Appeals in Boston, and was titled Cadle Company v. Schlichtmann.
Blogger Mark Thompson at the League of Ordinary Gentlemen, who had been Ms. Warren’s most ardent defender until this new revelation, has changed his mind about Professor William Jacobson’s argument that Ms. Warren has engaged in the unlicensed practice of law in Massachusetts:
“Professor Jacobson has uncovered this morning a case in which Sen. Elizabeth Warren (D-MA) entered an appearance in a federal appellate court as a representative of a Massachusetts client in a case that appears to have clearly implicated Massachusetts law. Although this is still a federal appellate court, because we’re dealing with a Massachusetts client and issues of Massachusetts law, this looks really, really bad for Professor Warren. With this bombshell, I would no longer view the case against her as weak.” (emphasis added)
Harvard Law School Professor Charles R. Nesson, who is listed along with Professor Warren as counsel for the defendant in the case, appears to have been licensed in Massachusetts to practice law at the time the case was heard in Boston’s First Circuit Federal Court of Appeals.
Update: Thompson emailed Jacobson later on Thursday this comment for attribution, which has just now been posted at Legal Insurrection:
I couldn’t figure out how to leave this as a comment at your site, but I wanted to let you know ASAP that I concede that your discovery this morning answers all of my arguments and is a gamechanger. Your diligence in investigating this matter is commendable. (emphasis added)