Seth is God DZ Summer

Seth is God DZ Summer - PR Outline I. Cases Admission to...

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PR Outline I. Cases Admission to the Bar Cases In re Griffiths p.605 – 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. Piper p. 605 – 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 pro bono work. The SC held that none of these justifications rose to the required level. Leis v Flynt – in this case, Ohio prosecutes Flynt, Flynt has 1 st Am campaign. 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. In addition, 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 p.69 - 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. The trial 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. Advertising Cases Bates , SC Case was about: a. Lawyers right to advertise b. 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. In re Primus p. 76- ACLU goes to states to help fight civil rights violations. They are not-for-profit. They discover 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.
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This note was uploaded on 08/28/2008 for the course F 385 taught by Professor Dzienkowski during the Summer '08 term at University of Texas.

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Seth is God DZ Summer - PR Outline I. Cases Admission to...

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