Admission to the Bar Cases
In re Griffiths
– He was resident alien (green card); SC used strict scrutiny and invalidated a requirement of
citizenship to practice law.
Alien residents are a suspect class to which strict scrutiny applies.
– NH had residents requirement, Piper’s house was 400 yards from the border.
But, you could move to
Vermont if you first were a resident and took the bar.
She wasn’t allowed to take it.
SC applied privileges and
immunities clause to apply to lawyers.
Before this, bar license privilege not right, now it’s a right.
So NH had to have
a compelling justification for requiring residency.
NH claimed that nonresident bar members would be less likely (i)
to become and remain familiar with the local rules and procedures, (ii) to behave ethically, (iii) to be available for
court proceedings, and (iv) to do
The SC held that none of these justifications rose to the required
Leis v Flynt
– in this case, Ohio prosecutes Flynt, Flynt has 1
His out of state lawyers respond to the
criminal complaints and several weeks go by before they asked for admission.
Timely filing is a lesson.
the courts rejected their pro hac admission without reason, so the SCt heard this.
This case involved the lawyers, the St
court prosecution and federal court case because Flynt was in state, lawyers went to federal court to argue denial of
equal protection because of the lack of reason.
In circuit court, they won, but the SCt said you don’t have a right to
practice law, it’s a privilege, so no reason is necessary.
This is bad law to Dz, because it was before Piper and Piper
overrides much of it with Privileges and Immunities
- Birbower was a NY law firm with lawyers licensed to practice in NY.
The did work for ESQ, a
California firm, in California.
ESQ sued Birbower for malpractice and Birbower counterclaimed for fees.
court and appellate court held that the fee agreement was unenforceable because Birbower had engaged in the
unauthorized practice of law in California.
The SC of CA upheld the lower courts, holding that no portion of work
done under the contract that constituted UPL was enforceable.
SC Case was about:
Lawyers right to advertise
Clients’ rights to gain information about legal services.
e.g. How do you know, as a layperson, what a class action is regarding Phen Phen.
This is a positive; a
negative is the ambulance chasers.
This has probably led to the demeaning of the legal profession.
ACLU goes to states to help fight civil rights violations.
They are not-for-profit.
that the federal government has sent letters to doctors encouraging them to sterilize poor mothers of many children.
ACLU needed a client, so they hold a meeting in a community and ask people to come if they have been affected.