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United Transportation Union v. State Bar of Michigan/Dissent White

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Harlan
Dissenting Opinion
White

United States Supreme Court

401 U.S. 576

United Transportation Union  v.  State Bar of Michigan

 Argued: Jan. 20, 1971. --- Decided: April 5, 1971


Mr. Justice WHITE, with whom Mr. Justice BLACKMUN joins, concurring in part and dissenting in part.

The first provision in the decree prohibiting the union from giving or furnishing legal advice to its members or their families is overbroad in light of United Mine Workers v. Illinois Bar Assn., 389 U.S. 217, 88 S.Ct. 353, 19 L.Ed.2d 426 (1967), and should be narrowed to prohibit only legal advice by nonlawyers. Also, I agree with the Court that the portion of the decree forbidding the setting of fees by unionlawyer agreement cannot stand. Otherwise, however, I do not read the decree as being inconsistent with our prior cases and I would not now extend them to set aside this decree in its entirety.

Notes

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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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