We Oppose Government Retaliation Against Lawyers Because of Who They Represent
For a nation to function in a civilized and effective way, there must be rules of conduct. All citizens are bound by these rules for the greater good. This principle is known as the Rule of Law and is the organizing principle of our system of government. It ensures that we are a nation of laws, not of men.
To implement this system of laws, it is necessary to have a legal system where disputes are resolved through a fair and impartial process. It is an essential tenet of that system that all individuals, including government officials, are accountable under the law.
The Rule of Law only functions if lawyers can advocate for all individuals or entities, even those who hold views that are unpopular. A historic example of this principle was the representation by future President John Adams of British soldiers accused of participating in the Boston Massacre. Adams knew that our rights are protected when lawyers are free to represent anyone who needs help, even unpopular people. Lawyers also need to be free to take positions in court in opposition to policies of the government without fear of retaliation by the government.
Recently, through a series of Executive Orders, these bedrock principles of the Rule of Law have been under attack. Lawyers and law firms who have represented people out of favor with the current administration, or which have taken positions in litigation that the administration opposes, have been retaliated against with punitive measures. Those measures include suspending security clearances, terminating government contracts, threatening federal contractors who hire those lawyers, banning future government employment, and even going as far as threatening to ban lawyers from entering federal buildings, possibly including courthouses.
These Draconian Orders are a direct assault on lawyers and law firms simply for doing their jobs of providing legal representation. These retaliatory measures have had the effect of intimidating clients into firing their lawyers. These Orders improperly interfered with those relationships. These attacks on lawyers and law firms also interfere with the right to counsel in criminal cases which is enshrined in the Sixth Amendment to the United States Constitution.
Lawyers should not be denied access to the courts. Moreover, lawyers should not be subject to threats or retaliation because they represent clients the current administration disfavors or because they oppose the government in court. Such retaliatory measures pose a clear and present danger to our system of justice and to the Rule of Law.
Georgia Lawyers for the Rule of Law condemns the Executive Orders which attack lawyers and law firms in the strongest possible terms. We call upon all lawyers and their professional associations to speak out against these Executive Orders and support our system of justice and the Rule of Law. All Georgia lawyers took an oath to support the Constitution of the State of Georgia and the Constitution of the United States. That oath demands that we take a forceful stand on this issue. Today, numerous large law firms are under attack. Tomorrow, it could be you.
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