posted on Jun, 19 2012 @ 02:14 PM
reply to post by Jakes51
Oh my goodness! An illegal immigrant should not be barred from receiving a license to practice law? Are we in the freaking "Twilight Zone?" The law
is the law, and these lawyers are supposed to uphold the law! Yet, it is the California State Bar Association representing this aspiring lawyer's
You would think a person fresh out of law school would know the legal definition of license
permission, accorded by a competent authority, conferring the right to do some act which without such authorization would be illegal, or would be a
trespass or a tort. What does this mean for any attorney regardless of their residential status?
This means that apparently practicing law is illegal, or a trespass, or some sort of tort that only a license - sort of like James Bond's license to
kill - can rectify. Is that true? Is practicing law illegal? Is it a trespass? Some sort of tort, maybe, but illegal, really?
Consider the oath of office any attorney applying the the
California State Bar must take:
I solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of California, and that I
will faithfully discharge the duties of an attorney and counselor at law to the best of my knowledge and ability
What "duties" is this oath referring to? These duties begin:
It is the duty of an attorney to do all of the following:
(a) To support the Constitution and laws of the United States and of this state.
(b) To maintain the respect due to the courts of justice and judicial officers.
(c) To counsel or maintain those actions, proceedings, or defenses only as appear to him or her legal or just, except the defense of a person charged
with a public offense
(i) To cooperate and participate in any disciplinary investigation or other regulatory or disciplinary proceeding pending against himself or
(k) To comply with all conditions attached to any disciplinary probation, including a probation imposed with the concurrence of the attorney.
(l) To keep all agreements made in lieu of disciplinary prosecution with the agency charged with attorney discipline
A licensed attorney, in any state, has taken an oath of office that is contradictory in that each oath of office demands they support and/or defend
the Constitution(s), but then demands they swear a fealty to the state and comply with any and all regulatory schemes imposed with this licensing
scheme. So, if that attorney is a defense attorney, hired to defend a person charged with a crime by the awesome machinery of the state, that
attorney has a huge conflict of interest, owing fealty to both the state that has charged the person, and to the person charged with a crime.
I ask the question again: Is practicing law illegal? Is it unlawful? What about the practice of law would reasonably require a licensing scheme to
I would be far more worried about all licensed attorneys than one single one applying for such a license simply because of their residential status.