U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Education > Colleges and Universities
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 04-25-2014, 02:56 PM
 
5,234 posts, read 2,384,691 times
Reputation: 5119

Advertisements

Quote:
Originally Posted by Wendell Phillips View Post
Have you written a memorandum of points and authorities in a motion proceeding before the federal courts? Have you researched an appellate brief filed with the Circuit Court of Appeals, or filed petition for Writ of Certiorari with the Supreme Court of the United States? No, no, no! Nor does your treasured Ph.D stand up to any of the above.
What a silly, nonsensical non-point.
Reply With Quote Quick reply to this message

 
Old 04-25-2014, 03:45 PM
 
2,893 posts, read 3,402,971 times
Reputation: 4071
Quote:
Originally Posted by Wendell Phillips View Post
Have you written a memorandum of points and authorities in a motion proceeding before the federal courts? Have you researched an appellate brief filed with the Circuit Court of Appeals, or filed petition for Writ of Certiorari with the Supreme Court of the United States?
You seem to be confusing mid-career tasks with the requirements of the educational program leading to the JD. Or are you saying that every law student files W-of-C petitions with the Supreme Court (if so, the court must be very, very busy indeed deciding these requests . . .).
Reply With Quote Quick reply to this message
 
Old 04-25-2014, 06:04 PM
 
186 posts, read 248,280 times
Reputation: 220
Quote:
Originally Posted by Wendell Phillips View Post
Have you written a memorandum of points and authorities in a motion proceeding before the federal courts? Have you researched an appellate brief filed with the Circuit Court of Appeals, or filed petition for Writ of Certiorari with the Supreme Court of the United States? No, no, no! Nor does your treasured Ph.D stand up to any of the above.
Not to be rude to you but these are just regular lawyer task. Even paralegals can do these task with just a lawyer signature on them. I had to do an appellate brief in my legal research and writing 2 class, while a very work intensive document to draft it not on the level of a PhD.
Reply With Quote Quick reply to this message
 
Old 04-26-2014, 08:23 AM
 
2,836 posts, read 3,007,237 times
Reputation: 1399
"Even paralegals can do these task [sic] with just a lawyer signature on them." I don't think so. What you suggest is a sure way to sanctions under Rule 11(b) of the Federal Rules of Civil Procedure.
Reply With Quote Quick reply to this message
 
Old 04-26-2014, 08:46 AM
 
1,988 posts, read 2,306,921 times
Reputation: 2010
Lawyers also are subject to MCLE requirements when practicing.
Reply With Quote Quick reply to this message
 
Old 04-26-2014, 09:08 AM
 
2,836 posts, read 3,007,237 times
Reputation: 1399
Yes, I have attended all the MCLE programs at far-off places. And, I've got the receipts for my "Golf Green Fees" to prove it!
Reply With Quote Quick reply to this message
 
Old 04-27-2014, 09:03 AM
 
186 posts, read 248,280 times
Reputation: 220
Quote:
Originally Posted by Wendell Phillips View Post
"Even paralegals can do these task [sic] with just a lawyer signature on them." I don't think so. What you suggest is a sure way to sanctions under Rule 11(b) of the Federal Rules of Civil Procedure.
You may not know the role of an paralegal, but paralegals can draft documents and the lawyer needs to sign off on the document to say that they have read over the document. So appellate briefs and other high caliber legal pleadings and motions are all products that a simple paralegal can type up himself. The rule from the federal rules that was quoted has nothing to do with what I stated.

Now back to the topic if the ABA, a vile and repugnant institution by itself, wants to say that a person with a JD is at the same level as other doctorate programs, than I have no problem calling any lawyer a Doctor.
Reply With Quote Quick reply to this message
 
Old 04-27-2014, 11:05 AM
 
2,836 posts, read 3,007,237 times
Reputation: 1399
So-called "paralegals" are not authorized to practice law; and you are living proof of why that is so. And, I doubt whether you would even make a decent legal secretary.
Reply With Quote Quick reply to this message
 
Old 04-27-2014, 12:26 PM
 
2,253 posts, read 2,567,099 times
Reputation: 925
Quote:
Originally Posted by Wendell Phillips View Post
So-called "paralegals" are not authorized to practice law; and you are living proof of why that is so. And, I doubt whether you would even make a decent legal secretary.
And how does that make a J.D. equivalent to a Ph.D.?
Reply With Quote Quick reply to this message
 
Old 04-27-2014, 02:10 PM
 
186 posts, read 248,280 times
Reputation: 220
Quote:
Originally Posted by Wendell Phillips View Post
So-called "paralegals" are not authorized to practice law; and you are living proof of why that is so. And, I doubt whether you would even make a decent legal secretary.
Maybe your comprehension level was lower than what I originally thought. Everyone knows that paralegals do not have the ability to practice law, again that is not what my post was speaking of. You brought up that writing an appellate brief was akin to writing doctoral level research papers. I just took the time to point out that a paralegal, a person who may have no more than a Associate's Degree, can write a appellate brief and have it submitted to a court. Anyone can write anything to the court, but if a paralegal is the one that writes a document to the court on behalf of the client then a lawyer would have to put their signature along with the paralegal's. A lawyers signature, on any document that a paralegal may have submitted to them, signifies that they have "checked" the work and take any consequences for the work that is submitted.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Education > Colleges and Universities
Similar Threads
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2018, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top