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ens legis, DEBTO o!erates as an acti"ity of co##on ight se!arate and a!art fro#
Federal E$uity% This #atter has &een ad'udicated%
Sch(are "% Board of E)a#iners, *+* ,%S% -*., -*/% %%0The !ractice of la( 1#edicine etc%2 is not (ithin the
States grace to regulate%0 The practice of law (medicine etc.) is an occupation of
common right as per Sims v. Ahrens, 271 S.W. 72 (1!2")% 3o State in the
,nion of the ,nited States of A#erica licenses la(yers, only the State Bar, (hich issues
a !ri"ate cor!oration ty!e of 0,nion 4ard05certificate for !ay#ent of dues5fees% 1See also
E)Parte "% 6arland, 7 8all ***, *9: 1;.<<2, (hich authori=es only the !ractice of la( in
the courts as an officer of the court and a #e#&er of the 'udicial &ranch of go"ern#ent,
to re!resent (ards of the court such as infants and !ersons of unsound #ind and as a
!u&lic defender in cri#inal cases%2 %%%#annot license an occupation of common
right ...$edfield v. %isher, 2!2 &. '1(, '17)'1!
0Occu!ations of co##on right AE not ta)a&le% The !ractice of #edicine and la( are
occu!ations of co##on right% An income ta* is neither a propert+ ta*, nor a ta* on
occupations of common right, ,ut is an e*cise ta*. %%%06ross inco#e ta)
unconstitutional%0 1See also Sch(are "% Board of E)a#iners, *+* ,S -*., -*/% %%%That an
attorne+ cannot represent an+ private citi-en nor an+ ,usiness as the State cannot
license the practice of law. ....That an attorne+ can onl+ ,e allowed to practice law
in the courts to represent .wards. of the court such as infants and persons of
unsound mind as per #orpus /uris Secundum, 0ol. 7, Sect. 1..)
The definition of an e)cise ta) is found in the su!re#e 4ourt case of Flint "% Stone Tracy,
--: ,S ;:9: %%0E)cises are ta)es laid u!on the #anufacture, sale or consu#!tion of
co##odities (ithin the country, upon licenses to pursue certain occupations and
upon corporate privileges> the re$uire#ent to !ay such ta)es in"ol"es the e)ercise of
privilege and if ,usiness is not done in the manner descri,ed, no ta* is pa+a,le, and
it is this privilege which is the su,2ect of the ta* and not the mere ,u+ing, selling, or
handling of goods3 See +* A?*d ;;<* for the "alidity and construction of statutes or
rules conditioning right to !ractice la( u!on residence or citi=enshi!% 1Occu!ations of
natural5co##on right are 45T a su,2ect of an e*cise6income ta*..'1 #./.S. art. 122)
The definition of an e)cise ta) is found in the su!re#e 4ourt case of Flint "% Stone Tracy,
--: ,S ;:9: %%0E)cises are ta)es laid u!on the #anufacture, sale or consu#!tion
of co##odities (ithin the country, upon licenses to pursue certain occupations
and upon corporate privileges> the re$uire#ent to !ay such ta)es in"ol"es the
e)ercise of privilege and if ,usiness is not done in the manner descri,ed, no ta* is
pa+a,le, and it is this privilege which is the su,2ect of the ta* and not the mere
,u+ing, selling, or handling of goods3 See +* A?*d ;;<* for the "alidity and
construction of statutes or rules conditioning right to !ractice la( u!on
residence or citi=enshi!% 1Occu!ations of natural5co##on right are 45T a
su,2ect of an e*cise6income ta*..'1 #./.S. art. 122)
Attorney at la( "ersus 4ounsellor at la(% @t is a&solutely a#a=ing (hat has &een
unco"ered%
First there (ere &arristers 1counsellors-at-la( in A#erica2 and attorneys-at-la(% @n so#e
of the states initially they (ere Ae!t se!arate, &ut then they started using attorneys and
counsellors-at-la( together in one !erson and he (ould ad'ust to the !articular issue%
They (ere ad#itted BlicensedC to !ractice in the courts &y the 'udges or 'ustices of that
!articular court, (ith the 'udges &eing !u&lic officers in that ti#e fra#e%
Attorne+ at law7
;% e!resents only - stands in your !lace or stead in &usiness or legal issues%
-% 4o attorne+s allowed in a criminal trial, e)ce!t to #aAe &ail%
*% Das Attorney fees - costs #oney and can use Attorney ?ien%
7% Officer of the court
+% 4an not challenge the court (ithout e)!osure to sanctions such as 'udge &eing a !u&lic
officer, etc%
<% TaAes o"er the case and you are at his #ercy on ho( the case is run%
9% De (ill raise no issue that he dee#s the 'udge (ill &e unha!!y (ith usually%
.% 4o-counsel is the sca# they atte#!t to use to "alidate the lacA of Assistance of
4ounsel% Eou can not counsel your self%
#ounsellor at law7
;% Assists onl+ and is to protect and defend his client, can not represent%
-% 4ounsellors at la( are used in cri#inal trials - access to is an a&solute !art of a Trial &y
Fury fro# the first !art of arraign#ent on%
a% 4an asA $uestions on your &ehalf,
&% 4an instruct you (hat $uestions to asA
c% @f the client instructs the 4ounsellor at la( to challenge the 'udge or court, he can do it
(ithout &eing sanctioned 1done correctly of course2
7% Officer of the court%
+% Does not charge, (orAs on gratuity% 4an not sue for Attorney fees%
<% @s learned in the la(%
9% @t is a !osition of Donor to &e a 4ounsellor at ?a(%
.% @t is a le"el a&o"e an Attorney at la(%