In the year since the January 6 attack on the Capitol building, we have witnessed a continued assault on the rule of law and our democratic institutions. Laws have been changed to make voting more difficult for communities of color and to allow one party to potentially change the results of future free and fair elections. Acceptance of the Big Lie of voter fraud is now seen as a litmus test by many who are running for office, willing to defeat democracy to get elected. And federal, state, and local officials have been intimidated and threatened simply for doing their jobs.

Throughout these perilous times, one voice in particular has been missing: the voice of the legal profession.

While individual lawyers and advocacy organizations have dedicated themselves to defending our democracy, the profession as a whole has been largely silent. Leaders in law firms and corporate law departments, law school deans, and bar associations at the national, state, regional, and local level have an obligation to use their considerable power and convening authority to fight back against these very real threats to our freedoms.

Lawyers Defending American Democracy is issuing a challenge to the legal profession, asking lawyers across the country to sign onto the Democracy Commitment. By signing this call-to-action, lawyers are both recognizing the unique skills they can bring to protecting the rule of law, our democratic institutions, and our justice system, and they are agreeing to help.

Lawyers cannot remain silent bystanders in the face of documented threats to the foundational principles of democracy, including the right to vote, a fair and impartial election process, and the truthfulness of public officials. The legal profession cannot sit by while the right to vote is eroded and public officials are threatened and intimidated simply for doing their jobs. Lawyers have a duty to insist that those who violate the oath they took to protect the Constitution are held accountable.

Defending democracy is not partisan. It is not supporting one political party over another. It is far more basic and important. It is protecting the entire free and democratic system in which our political parties and politicians function.

Lawyers in private practice or in corporate law departments should not hide behind concerns that their clients or business partners might object, nor should bar associations be fearful that their members may wrongly characterize the duty to protect democracy as partisan. And law school deans should view their role as a critical teaching moment for their students by showing support for the rule of law. Indeed, it is the obligation of all lawyers to convince doubters that the defense of democracy at this time is a fundamentally patriotic act.

The Democracy Commitment is asking lawyers to use their considerable knowledge and influence at this perilous time in the brief history of this country. Lawyers can and must do better.

Please show your support of the Democracy Commitment by signing here, and by forwarding it to your lawyer friends and colleagues throughout the country, asking them to sign.

Our goal is to enlist thousands of lawyers and bar leaders who will commit to ensure that in 2022, our democratic institutions are stabilized, the right to vote is enhanced, not suppressed, elections are administered by impartial election officials, and vigorous civil discourse is undertaken with respect, not with violence, extremism, or intimidation. LDAD stands ready to help in the implementation of this commitment.

The nation has never needed its lawyers more to uphold and defend the constitutional principles upon which we all rely. We cannot downplay the danger and hope it passes. We must step up and do better.

The months ahead will test whether democracy can endure. When the history of this time is written, what will your legacy be?

We are grateful for your support. If you would like to make a tax-deductible contribution to Lawyers Defending American Democracy to support our work, please click here.

Scott Harshbarger
Co-Founder, LDAD
Two-time Attorney General of Massachusetts
Former National President, Common Cause