Why Ethical Lawyering Matters...

Many think ethics in lawyering is not important, or something of a bygone era, until there are no ethics, no lawyers, and all the rules of law are gone

Is there really ethics in lawyering for the crown…?

I frankly am amazed at the law firms that capitulate to Donald Trump, when there is truly no truly legal explanation why they should. The rules of legal ethics are clear: there can be no conflicts of interests when representing clients, or if there is, those attorneys have to recuse themselves from taking on that work.

In fact, in the practice of ‘ethical lawyering,’ conflicts of interest must be checked, as they should be determined upon initial discussions before taking on a new client. Conflicts can also exist between existing clients, in the same conflict or in other conflicts where their interests may be, or become adverse. Even where there are no direct conflicts, there can be conflicts of allegiances - and knowledge by attorneys of some matter that would be harmful to the other client.

Conflicts of interest arise in myriad ways: when a lawyer's duties to one client are compromised by duties to another client, a third party, or their own interests, requiring careful identification and resolution. Lawyers must avoid such conflicts, obtain informed consent when the conflict is unavoidable, and ensure representation at all times remains competent, zealous, diligent - unconflicted and uncompromised. This includes knowing when to step aside - away from any representation at all.

The Capitulation

What I have seen instead, is high profile law firms giving up their independence and ability to represent those whose views which are on the other side of Trump’s so-called interests. Demanding those he sees having represented clients adverse to his interests pay a hefty price, or be barred from federal buildings, stripped of security clearances, and government contracts.

Others who he has targeted and choose not to capitulate to his monetary demands, risk losing their ability to litigate in federal courts and/or lose those precious government contracts.

Read about penalties for blackmail and extortion here.

This is extortion at the highest level - and extortion is a crime. Unfortunately some firms are capitulating to his demands and giving up the fight. This acquiescence to a “sovereign” is a real-time dismantling of the justice files in its most rudimentary form. Interfering with the precious allegiance between attorney and client - who can be represented - and who cannot. This is not how the legal system is supposed to work. Justice is supposed to be blind, fair and true - but Trump is looking to gag and bind lady justice with zip ties - and with Bondi at the DOJ helm, he seeks to bind them as he sees fit.

Lawyers Must Be Independent - in Charge of Their Own Fate

Lawyers must be the arbiters of their own fate, with the rules of ethics as their guide. They should police themselves as they’ve always done - check their own client files to determine who they have as clients, and who would present a conflict. Nowhere in history has there been a zealot as president who dictates what clients independent law firms take on trying cases. This is how justice is eroded from the inside out, and to that Trump is doing a spectacular job.

The Capitulation Must Stop

So far the courts have stood strong against his tyranny of the executive branch - but once all the lawyers are compromised and attacked, will be no lawyers left to litigate many of the complex cases and controversies “he”- the self-annointed king deems improper. For this the legal bar must rise up, and major legal firms must do so in numbers. Otherwise, lawyering will be a failed profession, and the rule of law will mean naught.

Upcoming Programming - The Legal Edition Interview on Ethics in Lawyering With Legal Scholar Professor Scott Cummings

To learn more about this historic capitulation of high-profile law firms to the demands of a would-be-dictator, stay tuned for my upcoming program on ‘Backsliding of Democracy’ with noted scholar, Professor Scott Cummings of UCLA School of Law. My previous interview took place before the presidential election, that program can be seen in its entirety here.

Notes:

The Legal Bar Sets the Rules:

https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_7_conflict_of_interest_current_clients/comment_on_rule_1_7/

https://law.ucla.edu/faculty/faculty-profiles/scott-l-cummings

https://www.businessinsider.com/trump-big-law-fight-firms-legal-dilemma-2025-3

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