The Philadelphia Bar Association has joined the New York City Bar Association and more than a dozen metro and affinity legal trade associations in filing an amicus brief in support of Perkins Coie LLP’s motion for summary judgement in response to the Trump administration executive order targeting the firm.
The executive order, part of a series of actions targeting law firms that represented clients disfavored by the Trump administration, revokes Perkins Coie’s security clearance and further limits its ability to interact with the federal government and with clients who do business with the federal government. The amicus brief argues that the Trump administration’s actions undermine the independence of the legal profession which is critical to a system of justice and protection of all.
“As an Association with a mission to protect the rule of law and equal access to justice for all, we are proud to join our colleagues in asking the U.S. District Court for the District of Columbia to enjoin the order targeting Perkins Coie,” Philadelphia Bar Association Chancellor Katayun I. Jaffari said. “It was important for us to represent lawyers and law firms by expressing our condemnation for any efforts of intimidation of lawyers who are simply obeying an oath they took in order to do their jobs. The independence of the legal profession is crucial to a functioning democracy and an effective justice system. Threatening the legal profession discourages individuals and communities from defending their rights and seeking their day in court, thereby breaking down the fundamental freedoms that we all possess.”
As stated in the brief, “coercing lawyers to replace their loyalty to clients with loyalty to the President would deprive clients of effective and ethical legal representation. Without vigorous advocacy by lawyers independent of the executive, the judiciary is unable to fulfill its constitutional role of checking unlawful action in our system of separated powers. It erodes the strength of our adversarial system and thus diminishes the proper functioning of the judiciary on which the rule of law itself depends.”
The amicus brief further argues that:
- The executive order is intended to turn the legal sector into “an instrument of the executive branch,” leaving little to no recourse for clients seeking legal advocacy of which the executive branch disapproves.
- The order risks eroding attorney-client confidentiality in that many clients will choose not to disclose their relationships with a firm when interacting with the federal government.
- The order undermines the integrity of the judicial process by endangering the adversarial system by which “the truth is uncovered through close scrutiny of the facts and robust cross-examination.”
- The courts rely on vigorous representation of all parties in order to reach independent legal conclusions; an independent judiciary is necessary for the constitutional system of checks and balances.
- History has shown the importance of an independent legal profession. According to the brief, “in countries that have experienced the erosion of democratic governance, elected leaders seeking to consolidate power often begin by threatening uncooperative lawyers with professional exile.”
“The [executive order] is not only blatantly illegal; it is a naked attempt to instill fear in the legal profession and intimidate lawyers into submission, thereby co-opting the bar to be subservient to the executive branch, undermining the judiciary’s ability to check executive power, and striking at the heart of the rule of law,” the brief concludes. “The Court should grant Plaintiff’s requested relief and enjoin this Executive Order to limit the chilling effects on the legal profession.”
The brief was drafted by the bar associations’ counsel, Professor Jeannie Suk Gersen of Harvard Law School*, and Protect Democracy and was signed by the following:
Boston Bar Association
Brehon Law Societies of New York City and Nassau County
Chicago Bar Association
Denver Bar Association
Bar Association of Erie County
King County Bar Association (Seattle)
Los Angeles County Bar Association
Metropolitan Black Bar Association
Monroe County Bar Association
Muslim Bar Association of New York
New York City Bar Association
Philadelphia Bar Association
San Diego County Bar Association
Women’s Bar Association of the State of New York
Read the brief here.
