It’s not often that a civil procedure rule in a court case generates so much controversy that a Google search results in 91 million-plus hits. Of course, I’m, talking about 303 Creative and the issue of standing. You remember standing—it’s one of those rules governing who has the right to start the wheels of justice grinding. Most of us go through our whole professional lives never dealing with it after moot court.
I’m fascinated by the issue because for the last 20-plus years I have labored in a forum where standing is never raised. In lawyer discipline, because the inquiry is of an institutional nature and seeks to enforce norms and standards to protect the courts, the public and the profession and not to vindicate or enforce personal rights, anyone can file a complaint. Occasionally a first-time offender will raise standing as an issue, but they’re quickly disabused of the notion that there’s any safe harbor there.
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