The American Bar Association is suing the Trump administration over its executive orders targeting major law firms. This is good news for the rule of law and the vital role that lawyers play in our democracy. The lawsuit does an excellent job of laying out the seriousness of the attacks and the lawlessness of Trump’s actions. However, as an admonition to lawyers and law firms about what is right and wrong, it falls short.
Donald Trump started his attacks on Big Law in March when he issued a series of orders imposing sanctions on firms that had represented clients or causes he opposed. In total, five law firms were named.
Four fought in court and prevailed. One — Paul Weiss — capitulated to Trump’s demands, entered into a settlement agreement, and had the order against it lifted. An additional eight firms proactively settled with the White House to avoid being targeted by executive orders.
In addition to these orders, Trump issued a presidential memorandum that threatened every law firm litigating against the government with potential sanctions for filing lawsuits the administration deems frivolous.
I’m no stranger to this situation. In fact, I have had a front-row seat to Trump’s vengeance against lawyers and law firms...