Reply To: NARSOL joins Tenth Circuit case challenging license requirement


I certainly appreciate your point, Jeremy. And had we had a chance to review the amicus before it was filed, we probably would have advised against it. But, that is one of the trade-offs we must make in an amicus environment. Once an attorney, or a clinic, agrees to pull a brief together on our behalf, we aren’t in a position to dictate the precise contours of the arguments put forth. That’s because the chief counsel (the attorney who is “of record” and in charge of the case in chief) becomes the architect of who he/she wants amici support from and what arguments those amici ought to advance. We are invited to offer insight and suggestions (and even provide research), but the timing is so short–and the amount of work necessary to be done so vast (and often being done by law students who, in this instance, were right smack in the middle of exams)–that we rarely get a chance to read over a brief before it gets filed. Nobody gets paid for amicus work. An attorney who agrees to sign a brief must be properly admitted before the court of record and must certify, in writing, that he/she has received no compensation for the work product. So, there’s also an economic reason why we lose control over the final work product.

Again, your point is well taken and understood and I will be sure to communicate your concern to Prof. Korzen. This is a new area of advocacy for NARSOL which will take some time to mature. The only reason we got invited to submit an amicus in the Oklahoma case is because the attorney who was assigned the case by the Tenth Circuit just happened to notice our participation in the Packingham case. So, as we join more cases as amici curiae, our hope is to lift the credibility of NARSOL with attorneys and judges who are exposed to this area of litigation. Over time, and through building relationships and fostering trust, it will be easier for us to better serve the interests of our constituency. But the one must come before the other….and like any newcomer to the game, we have to play by the rules as we find them.