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Five Things you should know today, October 12, 2012

by: Rob "EaBo Clipper" Eno

Fri Oct 12, 2012 at 07:39:57 AM EDT


1. Kravitz still silent

David Kravitz, law expert extraordinaire and Blue Mass Group editor is still silent on Elizabeth Warren's misdemeanors of practicing without a license.

2. Jacobson uncovers legal ruling stating that the practice of law happens where you sit.

Professor Bill Jacobson over at Legal Insurrection has uncovered that a Federal Judge in 2002 defined consulting work done by a Northeastern University professor as the practice of law in the Commonwealth of Massachusetts.  Here's his story:

As I discussed in detail in later posts, the defense that Warren was not practicing "in Massachusetts" even though she was physically "in Massachusetts" made no logical or legal sense.

Well it turns out that in 2002 one of the most respected Judges in the Massachusetts federal court, then Chief Judge William G. Young, came to a similar conclusion in an analogous situation involving choice of law, and even made a Bar referral he was so concerned.  The case is Daynard v.  Ness, Motley, Loadholt, Richardson, 188 F. Supp. 2d 115 (D. Mass. 2002).  You may remember Judge Young from my post, Judge William Young sentencing the shoe bomber.

The case involved Northeastern University law professor Richard A. Daynard, who had an expertise in tobacco-related issues, and who provided legal consulting to the Ness Motley law firm, based in South Carolina.  Daynard sued to enforce an oral fee sharing agreement with regard to services rendered in numerous courts outside Massachusetts, for a share of Ness Motley's $2 billion fee (yes, that's "billion") from the tobacco cases and settlements.

The issue before Judge Young was whether the law of Massachusetts, or the law of some other state, should apply to the services rendered.  In his analysis Judge Young noted that on a contract action, where the services took place would guide which state's law would apply.

Rob "EaBo Clipper" Eno :: Five Things you should know today, October 12, 2012
3. Warren Supporters tell Gay Brown staffer he "takes it up the ass"

This must be what they talk about when the left talks about civility in politics

Last night Ross Hemminger, Youth Coordinator for the Scott Brown for Senate campaign, was heckled by pro-Warren supporters at the Brown-Warren debate.  A source at the event  told me that the hecklers were union members who were oganized by the Warren campaign for a "stand-out."

The incident happened when Hemminger started chanting "Go, Scott, go!" on the megaphone.  The Warren supporerts chanted back "You sound gay!"  A few others chimed in "You take it up the a**!"

Hemminger yesterday on facebook said that he's never been heckled or attacked for his orientation by GOP groups.  

4. Are you door knocking this weekend?

Get yourself to a MassVictory office and get yourself a list.  Go door knocking. It's great exercise and helps a worthy cause.

5. Judge orders Lawrence to turn over records

A state judge has ordered Lawrence to turn over public records.

In a letter dated October 3, 2012 Secretary of State Bill Galvin's Supervisor of Records, Attorney Shawn Williams issued an administrative order against Lawrence City Attorney Charles Boddy to turn over public records requested by The Valley Patriot back in February.

The documents Boddy is refusing to turn over center around School Department Employees who are double dipping after retiring early and taking consulting positions with State Receiver Jeff Riley in the Lawrence Public Schools. Also at issue are payment records for the DiAdamo Law Office, Attorney Carmine DiAdamo, and Attorney William DiAdamo in their capacity as the city's worker's compensation attorney's, as the landlords for the Lawrence School Department Administrative Offices on Essex Street, their work on the Greater Lawrence Sanitary District, The City's workforce investment board and any other payments made to the DiAdamos.

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More smoke and mirrors from Rob... (0.00 / 0)
...will not give this "practicing law" BS any lift.

A quick read of Jacobson's post indicates that even he knows there is no there there in his post:

"The issue in the Daynard case was not the unlicensed practice of law, but rather, whether Massachusetts law applied to the contract dispute...Judge Young, without deciding the issue because Ness Motley was not defending on the ground that Daynard was unlicensed in Massachusetts, nonetheless raised the issue in a footnote."

A FOOTNOTE!  A while the judge said he was forwarding the issue to the BBO, there is no record of a disciplinary case against this lawyer Daynard.  Meaning that either the Judge did not forward the issue to the BBO--no doubt realizing it was not an issue--or he did and the BBO found no cause for action.

Also, even if this were an issue for Daynard, the issue is much different, with the Judge pointing out the some of Daynard's work did impact legal cases in Massachusetts--where Warrren's consulting work did not.  So even if Daynard's behavior was an issue (and it clearly was not, because Daynard was never disciplined) Warren's work was an arm's length away from what Jacobson was ranting about.  


Also silent on the law license "issue" (5.00 / 1)
....the Brown campaign.  

Yeah, what's up with that? (0.00 / 0)
why on earth would someone illegally practicing law not beabigissue?

[ Parent ]
He did bring it up. (0.00 / 0)
http://www.wbur.org/2012/10/03...

---
"That it ceased to exist, I'll grant you, but whether or not it failed cannot be definitively said." - Metropolitan (1990)


[ Parent ]
Adverstise here for as low as $60 per week.








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