Thursday, April 11, 2024

A Little Teapot

There is an ancient rhyming song that features a teapot. I have heard it many times over the years. It is used as an interactive with children and is quite entertaining. One version ends with the realization that the singer is actually a sugar bowl. 

I was reminded of that when I noted there are various issues that seem to persist in the news. One of note is identification. The news is replete with people's stories of identification. There are those who struggle with that, and rightly so perhaps. Each is entitled to her or his own beliefs in the general sense. If you believe you are a little teapot, I won't argue with you. But, if you start warming someone else's water, then there may be a problem. 

That "someone else's" thought came to me recently when NBC6 South Florida reported on a "Miami  immigration attorney" who was arrested. The story details are a bit sordid, and I will skip the details of the assault allegations detailed there. The bottom line here is that the accused ended up in court. The accused, according to his attorney, is "an attorney." The news station was curious and inquired to find that the accused "is not a current or former member" of The Florida Bar. 

What is an "attorney?" If you graduate from law school does that make you "a graduate" or "an attorney?" The American Bar Association defines attorney as "a licensed professional who advises and represents others in legal matters." But, the ABA is merely a voluntary club that some lawyers join. Merriam-Webster is a bit less specific: "one who is legally appointed to transact business on another's behalf." Well, by that definition you need not even be "a graduate." The Webster definition might include a "power of attorney" or similar delegation. 

The Legal Information Institute up at Cornell says "attorney" means "Someone authorized to practice law; a lawyer. Also called attorney-at-law." So, perhaps not a "graduate," regardless of how many times one "graduates?"

The news story notes that the accused has a website on which he/she states "he has a juris doctorate and an LLM." A quick Google search also revealed that he/she possibly has a PhD or an M.D. Degree. Or, at least he/she self-identifies as "Dr." According to his/her website, he/she "holds five advanced undergraduate degrees in the United States." That is intriguing because the degrees listed include only one undergraduate degree, and not "an LLM," but three. That is a great deal of college. 


The Florida Bar was clear in the news story that "immigration attorneys can be licensed in another state and work in Florida." Thus, the lack of membership in The Florida Bar is not necessarily definitive on any point as regards someone engaged in "immigration." 

One is perhaps left to wonder if the accused is a doctor. In the litany list of degrees, no medical or PhD is mentioned. Then I remembered the issue about this time last year. See I'm a Doctor Too? (April 2023). That post discusses how some feel that lawyers should be allowed to call themselves "Dr." based on their Juris Doctor degrees. How does the public perceive that? When they scream "is there a doctor in the house," could they possibly expect me?

But, the last time we heard from The Florida Bar, it was o.k. for Florida lawyers to call themself Dr. Well, maybe. Even so, that would depend on being a lawyer. Or, is it sufficient that you graduated? I'm a Doctor Too? noted some in medicine that believe earning the degree is not sufficient in medicine, and that the "Dr." should be used only by those with a license to practice medicine. So, should a medical school graduate advertise being a doctor, and merely limit the practice to something permitted for non-licensed?

And then, what if there is a license, but it is not from the state in which you practice? If you have a license to practice medicine in Iowa, is it permissible to hang a shingle in Florida and call yourself "Dr.?" Would the result be any different if you earned a juris doctor degree in Western Michigan and moved to Florida? Could you call yourself "Dr." in Miami? Is this an issue for The Florida Bar, or for some other bar, or if the issue is being a "graduate" is it an issue beyond the pale of any bar?

The facts of this story are at best intriguing. Is there a public perception issue when one self-identifies as "Dr." Does it matter if they do or do not attempt to heat someone else's water? Is it sufficient if someone merely feels doctory? Lawyerly? As the case proceeds, perhaps there will be further word about the status and licensure of the defendant. 

But, in the end, does it matter what the public perceives? Is there a labeling issue that bears examination? At best, intriguing.