Can an Attorney’s Labor be Taken under the Fifth Amendment?

In Scheehle v. Justices of the Supreme Court of Arizona, case no. 05-17063 (9th Cir. – Nov. 15, 2007), the Ninth Circuit holds that a local court requirement for attorneys to serve periodically as arbitrators for nominal compensation ($75/day) is not an unconstitutional “taking” under the Fifth Amendment’s Takings Clause.

Whether you think that “mandatory volunteering” is a fair trade-off for the privilege of practicing law or you prefer to think of this kind of arrangement as involuntary servitude, you should check out the posts about this case at California Appellate Report and Decision of the Day

ABA Journal on Ghostwriting for Pro Se Litigants

Prof. Mitch Rubinstein at Adjunct Law Prof Blog links to an article at ABA Journal discussing an ABA Opinion regarding ghostwriting for pro se litigants that “concludes that it is not a violation of the Model Code for lawyers to give undisclosed assistance to pro se litigants.”  Prof Rubinstein’s brief comments are worth a look.