Contributed by Anonymous, because it is not about me.
What do lawyers have against freedom of speech? Money.
Why is the practice of law not defined in the Alaska Statutes? And why does the Alaska Statutes tell us to use lawyer’s private bar rules to find the definition of practice law? The Alaska state legislators cannot define the practice of law because Congress and the United States Supreme Court already have.
The 6th Amendment was ratified December 15, 1791; this guaranteed you “Assistance of Counsel”. This is where a non-lawyers could help you in court.
In the Judiciary Act of Sept. 24, 1798, which said, “In each district of a meet person learned in the law to act as attorney…”
Under 12 Statutes at Large section 31 (1862), 13 Statutes at Large, section 43 (1864) and 14 Statutes at Large, section 43 (1866) all say the same thing under “Lawyer”. It said, “Every person who for fee or reward shall prosecute, defend causes in court of record or other judicial tribunal of the United States or of any of the states, or whose business it is to give legal advice in relation to any cause or matter whatever, shall be deemed to be a lawyer.”
This meant that everyone who wanted to be a lawyer with a little knowledge was deemed a lawyer.
In Bouvier’s Law Dictionary and Black’s Law Dictionary under “Lawyer”, the first word was changed from every person to any person.
Lawyer: a person learned in the law; as attorney, counsel or solicitor.
“Any person who, for fee or reward, prosecutes or defends causes in court of record or other judicial tribunals of the United States or of any of the states, or whose business it is to give legal advice in relation to any causes or matter whatever.” Act of July 13, 1866, section 9, 14 St. at Large, 121.
This so called “Act of July 13, 1866” was to tax lawyers only and gave no other authority to them. This act is no longer mentioned in Black’s Law Dictionaries.
Bouvier’s Law Dictionary 1856 under “Lawyer” only said, “A counselor; one learned in the law.”
Bouvier’s Law Dictionary 1856 under Attorney #3, “All persons who are capable of acting for themselves, may act as attorneys of another.” For 35 years, Bouvier’s was the first and only law dictionary used by lawyers and Assistance of Counsel’s.
The Civil Rights Act of 1866 (aka the Private Attorney General Act) gave the people the same rights as the federal or state’s attorney general to bring suites in the name of the people when those who hold public offices as federal or state attorneys generals or county prosecutors who fail or refuse to protect the people’s rights.
August 21, 1878, the American Bar started.
Bouvier’s Law Dictionary (1914) page 691 shows that counsel/counsellor at law and attorney at law are not the same.
Black’s Law Dictionary 3rd Edition (1933) page 1079, a new line was added under “Lawyer: a person licensed to practice law.”
Administrative Procedures Act of 1946, Section 6 (a), this gave a private citizen, non-lawyer the right to act as counsel on behalf of the private citizen in court without having a law degree. The Administrative Procedures Act came about because of the “New Deal”. This was to give the people a remedy against public agencies or departments that bring any and all allegations/claims against the people.
Today in the United States Attorney’s Manual section 3-2.110 under “History” it said, “A meet person learned in the law to act as attorney…” Same as the Judiciary Act of 1798.
The lower inferior local courts combined the 6th Amendment Counsel and Lawyer without the consent of Congress or the Supreme Court. They just put it in their law books.
In Black’s Law Dictionary Revised Fourth Edition (1968) page 155, was the first time the 6th Amendment Assistance of Counsel was ever mentioned in bar law dictionaries after the lawyers’ definition was changed in 1933.
Attorney in Fact/Power of Attorney is not a lawyer/attorney.
A jailhouse lawyer is also not a lawyer.
Title 42 U.S.C. sec. 1983, Wood v. Breier, 54 F.R.D. 7, 10-11 (E.D. Wis. 1972).
Alaska Bar Rules 15 and 63 can only apply to disbarred or suspended lawyers.
This is a freedom of speech issue.
For a lot more information, contact 1akjoe@mtaonline.net.
