The current government's targeted actions on lawyers it does not like is something people thought "could never happen in the United States," the president of the ABA has declared.
International Worries and Shift in Dynamics
In discussions during a global meeting on the security and safeguarding of lawyers, Michelle Behnke noted that the ABA was accustomed to providing guidance to organizations in foreign nations but the tables had turned to some degree.
Since taking office, Donald Trump and his administration have imposed limitations on some lawyers and legal practices, including their capacity to advocate for clients, primarily because they have done legal work that the commander-in-chief has objected to or they have been linked to prosecutors who investigated him.
Tactics Employed Against Attorneys
Among the tactics implemented have been:
- Terminating lawyers' security clearances
- Severing firms' government contracts
- Refraining from hiring certain firms' employees for public sector positions
- Limiting lawyers' entry to government facilities
Legal Challenge Launched by ABA
In response, the ABA filed a lawsuit in June petitioning a national judiciary to declare unconstitutional the Trump administration's "illegal approach of coercion against lawyers and law firms."
"People are aware of the presidential directives against law firms to suggest that no one in a law firm could access any federal building – that would mean that you would not be able to work as an attorney. So that's an assault or a threat against legal practices, and as effective as bodily harm."
Behnke added, "People maybe a year or two ago might have said that was unimaginable in the United States. [This shows] no place is immune, no place is perfect."
International Support and Shared Experience
She said the uniqueness of the circumstances was not lost on counterparts from other countries she had encountered, who had found encouragement from the role reversal.
"I've met with lawyers from around the world," Behnke remarked. "They've offered support and encouragement, suggested that they believe the ABA is making correct moves in ... bringing suit."
"Frequently we're the one providing assistance and aid of other countries and I think some of the other countries are understanding that they can also return the aid and that actually uplifts them and makes them know that their role as attorneys, their legal associations, are equally important."
Diversity and the Legal System
But Behnke is clear on the importance of workplace diversity. "In my view issues around gender equality within the legal field, variety, fairness and belonging – and I use the complete terms, as opposed to the letters [DEI], because the acronym have become toxic – are all integral components of the rule of law," she explained.
"If the legal profession reflects the clients we assist, the individuals we represent, the societies we inhabit, that's essential and that helps people understand of the justice system and the importance and provides citizens faith and assurance in the systems."
Consensus on Core Values
She added that while "if you gather attorneys in a room, you're going to get multiple viewpoints", when it came to the legal principles there was "absolute unanimity" in recognizing its importance and the chaos that reigns in its lack.
When questioned why attorneys were being targeted in numerous nations, Behnke referenced – appropriately, given her setting – the words of England's renowned writer in Henry VI Part 2.
"In my opinion the current era contribute to conflict and legal systems and attorneys are the ones that ensure accountability," she said. "The bard [said|wrote] if you want chaos, first kill all the lawyers. It really was an realization that lawyers are perhaps a barrier to that anarchy and that capacity to seize control or undermine the rule of law. So I'm not terribly surprised that we are a bit of a target."
