The Philadelphia Bar Association continues to stand up for the right of lawyers and law firms to practice law without intimidation or fear of retribution. On Friday, the Association once again joined over a dozen bar associations in signing onto two additional amicus briefs in support of Jenner & Block and WilmerHale in their lawsuits against the administration.
Over the last few weeks, the current federal administration issued executive orders targeting two new law firms, Jenner & Block and WilmerHale, as part of a series of actions targeting law firms that represented clients disfavored by the Trump administration. The executive orders revoke Jenner & Block's and WilmerHale’s security clearances and further limit the ability of lawyers of these firms to interact with the federal government and with clients who do business with the federal government. The amicus briefs argue that the administration’s actions undermine the independence of the legal profession which is critical to a system of justice.
“I am proud that the Philadelphia Bar Association continues to stand for the rule of law and the protection of our legal profession by joining our colleagues in asking the U.S. District Court for the District of Columbia to enjoin the orders targeting Jenner & Block and WilmerHale,” Philadelphia Bar Association Chancellor Katayun I. Jaffari said.
“In these unprecedented times, it is important that we, as Philadelphia’s largest legal trade association and the country’s oldest metropolitan bar association established in 1802, stand in support of the rule of law and the independence of the legal profession,” continued Chancellor Jaffari. “Our value to our members, from large firms to solo practitioners, is to support them by speaking out on issues that matter to the profession. The briefs connect directly to our mission, and we felt it was important to lend our voice to the collective of bar associations – along with law firms and other organizations who have filed separate briefs – in coming together to support the profession.”
As stated in each 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 [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,” each 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 briefs were drafted by the bar associations’ counsel, Professor Jeannie Suk Gersen of Harvard Law School*, and Protect Democracy and was signed by the following:
Asian American Bar Association of the Greater Bay Area
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
New York County Lawyers Association
Philadelphia Bar Association
San Diego County Bar Association
Bar Association of San Francisco
Women’s Bar Association of the State of New York
Read the Jenner & Block brief.
Read the WilmerHale brief.
