Soon after my original post, Elizabeth Warren’s law license problem, Mark Thompson at The League of Ordinary Gentlemen wrote a post taking an opposite view, No, Elizabeth Warren Did Not Engage in the Unauthorized Practice of Law.

That post by Thompson was cited far and wide, including at Memeorandum as well as at friendly conservative blogs which wanted to present the case for Warren to provide balance.

In light of my post this morning that Warren represented a Massachusetts client in Massachusetts on an issue related to Massachusetts law, Thompson has concluded in a new post today:

Professor Jacobson has uncovered this morning a case in which Elizabeth Warren entered an appearance in a federal appellate court as a representative of a Massachusetts client in a case that appears to have clearly implicated Massachusetts law.  Although this is still a federal appellate court, because we’re dealing with a Massachusetts client and issues of Massachusetts law, this looks really, really bad for Professor Warren.  With this bombshell, I would no longer view the case against her as weak.

Thompson also has updated his original post:

UPDATE 4 9/27: Professor Jacobson has uncovered new facts that I view as a gamechanger.  Although I stand by my above analysis as applied to the facts known at the time, Professor Jacobson’s discovery this morning answers my objections to his arguments.

Making progress.

More to come.

Update:  Thompson emails, for attribution:

Professor Jacobson:

I couldn’t figure out how to leave this as a comment at your site, but I wanted to let you know ASAP that I concede that your discovery this morning answers all of my arguments and is a gamechanger. Your diligence in investigating this matter is commendable.


Mark Thompson

Jack Marshall at Ethics Alarms adds:

Prof Jacobson, on his blog Legal Insurrection, is in line for an Ethics Hero award with his tenacity regarding Elizabeth Warren’s dubious qualifications to engage in the practice of law in  Massachusetts. The overwhelming reaction by his colleagues in legal academia, and mine in the legal ethics community, has been to airily dismiss his arguments as trivial, far-fetched and thinly disguised political warfare, since Jacobson is an unapologetic conservative blogger (and a distinguished one.) Meanwhile, the mainstream media has, I think it is fair to say, completely ignored the story….

The rude brush off Prof. Jacobson is getting in this wagon-circling exercise is wrong in every way, and does injustice to every person and institution involved, including the Massachusetts legal establishment, the legal profession, ethical lawyers (which, believe it or not, the vast majority of them are), Senator Brown, the U.S. Senate, Massachusetts voters, and the American public….


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