.. Forum

Anonymous User · Post by **Anonymous User** » Mon Oct 03, 2016 1:52 pm

You're really asking for legal advice here - perhaps you should consult someone in your firm who deals with these types of ethics matters?

ArtistOfManliness · Post by **ArtistOfManliness** » Mon Oct 03, 2016 1:53 pm

I'd report it within your firm.

tyroneslothrop1 · Post by **tyroneslothrop1** » Mon Oct 03, 2016 2:13 pm

Interesting, my firm represents only non-financial banks.

Single-Malt-Liquor · Post by **Single-Malt-Liquor** » Mon Oct 03, 2016 2:13 pm

And the plot for next season of Suits is revealed.

All jokes aside, report this to someone with more weight at your firm, let them make the tough judgment call. And keep a record of your conversation (be it email or in person) with said higher up in case shit starts rolling downhill.

2014 · Post by **2014** » Mon Oct 03, 2016 2:16 pm

How can you be sure they didn't attend? It's a really really bad look if you do this and it gets back to the client only to find out that the person has a JD they are just omitting from their resume because they don't use it. I really can't imagine overcoming the stigma of "fuckwit who reported client for ethics violation only to be wrong and now wasted [X] people's time and pissed off client".

kellyfrost · Post by **kellyfrost** » Mon Oct 03, 2016 2:30 pm

More facts are needed to prevent a hasty leap to conclusions.

zot1 · Post by **zot1** » Mon Oct 03, 2016 2:36 pm

I agree that you must be 100% sure that your allegation is correct, not just a hunch. I took a bar in a different state than the law school I went to, and as a result, a handful of people made the assumption that I hadn't passed the bar. If they had heard that I was practicing law without checking first that I was barred in another state, I could see how someone could have reported me for no good reason.

Anonymous User · Post by **Anonymous User** » Mon Oct 03, 2016 3:14 pm

Anonymous User · Post by **Anonymous User** » Mon Oct 03, 2016 3:19 pm

Anonymous User wrote:My law firm represents large financial banks. I am now aware, that a person who falsely claims to be an attorney and has a JD, is now working for my client, in a non-attorney capacity.

The person has never attended law school, but seems to have obtained a "JD preferred" position. He / She does not practice law, therefore there is no unauthorized practice issue. But this person did commit resume fraud which is a crime in my jurisdiction to obtain the position he / she now has. Do I have a duty to report this to my client?

Anonymous because idk I don't really want my ethics judgments scrutinized later by employers.

Frankly, I wouldn't do anything. If there's no harm being done to anyone I wouldn't make it my business. If he can't do his job the people he's working for will figure it out and deal with him. It's not your responsibility.

To quote Bert Cooper, "Who cares? Even if this were true who cares?"

magnum_law · Post by **magnum_law** » Mon Oct 03, 2016 3:30 pm

Calling flame. How does one confirm with the bar without revealing the person?

rpupkin · Post by **rpupkin** » Mon Oct 03, 2016 3:38 pm

magnum_law wrote:Calling flame. How does one confirm with the bar without revealing the person?

Conversation between OP and state bar:

OP: Hi, I'm calling about a Mr. Mike Ross. Is there an attorney by that name who is admitted to the bar in this state?

State Bar: Let me check....uh....no, there's no "Mike Ross" admitted to the bar in this state.

OP: Thanks. I have a follow-up question. I know someone who is claiming to be licensed to practice law in this state but who is apparently not admitted to the bar. Is that an issue?

State Bar: Yes, of course it's an issue. Who is this person?

OP: I don't feel comfortable saying. I need to think about it.

State Bar: Please, can you give us a hint? Just something to go on here?

OP: Sorry, I can't help you.

Anonymous User · Post by **Anonymous User** » Mon Oct 03, 2016 3:55 pm

1styearlateral · Post by **1styearlateral** » Mon Oct 03, 2016 4:15 pm

Anonymous User wrote:
rpupkin wrote:
magnum_law wrote:Calling flame. How does one confirm with the bar without revealing the person?
Conversation between OP and state bar:

OP: Hi, I'm calling about a Mr. Mike Ross. Is there an attorney by that name who is admitted to the bar in this state?

State Bar: Let me check....uh....no, there's no "Mike Ross" admitted to the bar in this state.

OP: Thanks. I have a follow-up question. I know someone who is claiming to be licensed to practice law in this state but who is apparently not admitted to the bar. Is that an issue?

State Bar: Yes, of course it's an issue. Who is this person?

OP: I don't feel comfortable saying. I need to think about it.

State Bar: Please, can you give us a hint? Just something to go on here?

OP: Sorry, I can't help you.
OP. Isn't a flame. But as one poster said above, if it's not hurting anyone, then maybe just let it go, and maybe I'm more personally upset that this person is a fraud and imitating my profession that I have earned.

If there was unauthorized practice of law issue, I wouldn't even be asking in this thread, no question I would report. I don't want the state bar to do a witch hunt for something that didn't happen, Unauthorized practice v. resume fraud. In light of their differences, the state bar only has authority to act on the former.

Please say how you found out the person in question was not barred without disclosing the person's name. What a feat that must have been.

Unless of course you misspoke and meant to say you inserted said person's name through the state bar's attorney search function.

rpupkin · Post by **rpupkin** » Mon Oct 03, 2016 4:18 pm

1styearlateral wrote: Please say how you found out the person in question was not barred without disclosing the person's name. What a feat that must have been.

Unless of course you misspoke and meant to say you inserted said person's name through the state bar's attorney search function.

But that can't be right, as the OP claimed to have a conversation with the state bar ("The bar even wanted me to reveal this person so they can take action, I said I needed to think about it before I gave that information.")

kellyfrost · Post by **kellyfrost** » Mon Oct 03, 2016 4:56 pm

rpupkin wrote:
magnum_law wrote:Calling flame. How does one confirm with the bar without revealing the person?
Conversation between OP and state bar:

OP: Hi, I'm calling about a Mr. Mike Ross. Is there an attorney by that name who is admitted to the bar in this state?

State Bar: Let me check....uh....no, there's no "Mike Ross" admitted to the bar in this state.

OP: Thanks. I have a follow-up question. I know someone who is claiming to be licensed to practice law in this state but who is apparently not admitted to the bar. Is that an issue?

State Bar: Yes, of course it's an issue. Who is this person?

OP: I don't feel comfortable saying. I need to think about it.

State Bar: Please, can you give us a hint? Just something to go on here?

OP: Sorry, I can't help you.

rpupkin is incredible! I always enjoy his posts.

1styearlateral · Post by **1styearlateral** » Mon Oct 03, 2016 4:58 pm

rpupkin wrote:
1styearlateral wrote: Please say how you found out the person in question was not barred without disclosing the person's name. What a feat that must have been.

Unless of course you misspoke and meant to say you inserted said person's name through the state bar's attorney search function.
But that can't be right, as the OP claimed to have a conversation with the state bar ("The bar even wanted me to reveal this person so they can take action, I said I needed to think about it before I gave that information.")

Yeah you're right, I missed that. Sounds like BS but if somehow it isn't, I wouldn't get involved unless I was at risk of losing my own license by not disclosing/reporting. Too risky to have it blow up in your face if you're wrong, and there's no reward money for outing someone.

tyroneslothrop1 · Post by **tyroneslothrop1** » Mon Oct 03, 2016 5:36 pm

Anonymous User wrote:
rpupkin wrote:
magnum_law wrote:Calling flame. How does one confirm with the bar without revealing the person?
Conversation between OP and state bar:

OP: Hi, I'm calling about a Mr. Mike Ross. Is there an attorney by that name who is admitted to the bar in this state?

State Bar: Let me check....uh....no, there's no "Mike Ross" admitted to the bar in this state.

OP: Thanks. I have a follow-up question. I know someone who is claiming to be licensed to practice law in this state but who is apparently not admitted to the bar. Is that an issue?

State Bar: Yes, of course it's an issue. Who is this person?

OP: I don't feel comfortable saying. I need to think about it.

State Bar: Please, can you give us a hint? Just something to go on here?

OP: Sorry, I can't help you.
OP. Isn't a flame. But as one poster said above, if it's not hurting anyone, then maybe just let it go, and maybe I'm more personally upset that this person is a fraud and imitating my profession that I have earned.

If there was unauthorized practice of law issue, I wouldn't even be asking in this thread, no question I would report. I don't want the state bar to do a witch hunt for something that didn't happen, Unauthorized practice v. resume fraud. In light of their differences, the state bar only has authority to act on the former.

Flame or you just need to get a life.

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