Questions remain for Elizabeth Warren on her legal ability to practice law

In response to questions from Reporters regarding her alleged illegal practice of law in the Commonwealth of Massachusetts, Elizabeth Warren had the following to say, according to Robert Rizzuto of

Warren told reporters on Monday, “I haven’t practiced any law since 2010 since I went down to do the Consumer Financial Protection Bureau. I’ve been a member of the bar in Texas for all of my career, in the Supreme Court bar, and until a few weeks ago the bar in New Jersey.”

Rizzuto went on to say the following:

In order to conduct legal work in a Massachusetts court, as is the case with a federal court, you must be licensed in any state or territory recognized by the court and file a statutory request to do so.

We have learned in the past 36 hours that Elizabeth Warren, while an inactive member of the Texas Bar, was not licensed to practice law in the State of Texas.  In an emailed response to Red Mass Group, Kim Davey the Public Information Officer for the State Bar of Texas confirmed two things.  

First, Elizabeth Warren has had aBar membership in Texas, under the status inactive, since June 1, 1992.

Second, an inactive membership, in effect means you are no longer licensed to practice law in the State of Texas.

This means that Elizabeth Warren could not use the fact of her Bar membership in Texas as a defense that she was licensed to practice law.  She wasn’t as confirmed by the State Bar of Texas.

Also according to the State Bar of Texas she lists her primary practice address as in Cambridge, Massacusetts.

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On to New Jersey, the state has a voluntary Bar association.  Which means you don’t have to be a member of the Bar to be licensed.  There is also a very clear requirement for a licensed attorney to have a functioning bona fide office.

(a) Qualifications. Except as provided below, no person shall practice law in this State unless that person is an attorney holding a plenary license to practice in this State, has complied with the Rule 1:26 skills and methods course requirement in effect on the date of the attorney’s admission, is in good standing, and, except as provided in paragraph (d) of this Rule, maintains a bona fide office for the practice of law. For the purpose of this section, a bona fide office is a place where clients are met, files are kept, the telephone is answered, mail is received and the attorney or a responsible person acting on the attorney’s behalf can be reached in person and by telephone during normal business hours to answer questions posed by the courts, clients or adversaries and to ensure that competent advice from the attorney can be obtained within a reasonable period of time. For the purpose of this section, a bona fide office may be located in this or any other state, territory of the United States, Puerto Rico, or the District of Columbia (hereinafter “a United States jurisdiction”). An attorney who practices law in this state and fails to maintain a bona fide office shall be deemed to be in violation of RPC 5.5(a). An attorney who is not domiciled in this State and does not have abona fide office in this State, but who meets all the qualifications for the practice of law set forth herein must designate the Clerk of the Supreme Court as agent upon whom service of process may be made for all actions, including disciplinary actions, that may arise out of the practice of law and activities related thereto, in the event that service cannot otherwise be effectuated pursuant to the appropriate Rules of Court. The designation of the Clerk as agent shall be made on a form approved by the Supreme Court.

This means Warren, in order to maintain her New Jersey law license must have an office for the practice of law.  This is something that was used as a defense of Warren. That she did not have an office to practice law (ibid

“The rule provides that if you maintain a systematic and continuous presence in an actual legal office, you have to be licensed,” Fredrickson said in an interview with “It is not talking about law professors who dabble in the law outside of the classroom. Lots of law professors do that and based on what I see there is nothing improper or illegal about it.”

The article goes on to state that Warren’s New Jersey bar membership – and perhaps license too – has been inactive for “some time”.

On September 11, Warren reportedly cancelled her New Jersey license which was inactive for some time.


How long was the license inactive?  Does that mean she was unable to practice law in New Jersey.

The crux of the problem now for Elizabeth Warren isn’t just, was she licensed to practice law in Massachsuetts, she wasn’t, it is now whether she was licensed to practice law anywhere.

Her defense is that she was licensed in Texas and New Jersey.

Although she wasn’t licensed in Massachusetts when conducting work on the federal case, Warren was licensed in New Jersey and Texas.

We, at Red Mass Group, have shown that she definitively is not licensed in Texas, and has not been since 1992.  Questions are being raised on whether she was licensed in New Jersey.

Red Mass Group has tried to obtain her records regarding admittance at the Supreme Court, and has been told they are not public records.

This story continues to develop.  Check back here and at often.

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