Thursday, August 26, 2021

People You Don't Want To Be

Yeah, I've seen lawyers disbarred for playing fast and loose with the client's money. It's the quickest way to lose your license (unless your Michael Avenatti, apparently. Or is he already disbarred?) But getting this crosswise with a federal judge may do it. Sidney Powell is licensed in Texas. I'm gonna be interested to see if the State Bar takes any action against her.

Let me pause here and explain to non-lawyers what "licensed" means, because there's some confusion on it, as in this passage:

Lin Wood was bundled together with the other "Kraken" lawyers as part of a sanctions lawsuit and it could mean Wood and his allies are disbarred in Michigan.

A lawyer is licensed by a state (hang on, this gets tricky fast) and can, in accordance with that state's laws, practice law in any court in that state (basically).  But lawyers can get permission to appear in courts where they are not licensed, or can get licensed in federal courts, separately.  Not seperately as in without a state license, but to practice in a federal court you must be licensed in that district, even if you hold a state license in that state to practice law.

Texas, for example, has four federal districts.  I was licensed, once upon a long ago time, in the Western District.  I'd have needed to make some application in order to appear in Federal court in Dallas, say, which is (if memory serves) the Northern district.  Anyway, you get the idea.  State licenses take you as far as the state boundaries.  Federal licenses take you as far as the district boundaries.  There are separate licenses to practice in federal appellate courts or to argue before the U.S. Supreme Court.

Now, lawyers can be licensed in several states.  This is rare, but possible.  Usually that means sitting for the Bar exam in that state, since, say, oil and gas law in Texas is not the same as it is in Colorado; nor is marital property law (Texas is a community property state; I don't think Colorado is).  Again, usually you need to be conversant with the law in the state before you can provide legal counsel or represent someone in court in that state.

Lawyers can appear in federal court in states where they are not licensed, and where they have not been admitted to that district.  This requires a motion requesting permission to appear.  It is not the same thing as being licensed in the state or in that federal district. It's a one-time appearance for a particular case or circumstance.

Clear as mud yet?

So when the federal judge in Michigan slams Lin Wood and Sidney Powell as she did, it may be she's kicked them out of representing anybody in her federal district ever again; at least (I haven't read the 110 page memorandum order).  It does not mean they will be disbarred in Michigan, because odds are they aren't licensed in Michigan.

It does mean the state bars in Georgia and Texas should be interested, though.  I understand the Georgia Bar is already investigating Wood.  I think the State Bar of Texas is interested, at least, in investigating Powell.  This 110 page opinion will be fodder for either effort.

Couldn't happen to more deserving lawyers.  Wood has already said he'll appeal.  My guess is the appellate court won't find the trial judge abused her discretion.  I thought I saw an article indicating Sidney Powell wants to represent some of the Capitol insurrection defendants.  Those are federal cases.  My guess is the federal district (D.C., I'm sure) where those cases are pending won't allow her to appear, just based on this ruling in Michigan.

Meanwhile, Ron DeSantis seems to be living on another planet:

"'You know, he said he was going to end COVID," DeSantis said. "He hasn't done that. We are the first state to start the treatment centers for monoclonal antibodies. We're having great success with that. That should have been a bigger plan, a bigger part of this whole response throughout the country from the beginning. At the end of the day, he is trying to find a way to distract from the failures of his presidency.'" 

Yeah, sure Ron: You don't want to be Ron DeSantis, either.
Posted by at

1 comment:

  1. The Thought Criminal12:03 PM

    He, None in South Dakota, yours . . . The state level of government is worse than the Federal level, as is proven in Texas and Florida the local level is capable of being less evil. Federalism is Satan's playground. Trump notwithstanding.

    ReplyDelete

Subscribe to: Post Comments (Atom)