We at ZwillGen are deeply alarmed by the increasingly aggressive campaign by the current administration against law firms that represent clients disfavored by the administration or that litigate against the federal government. The recent executive orders targeting Perkins Coie, Covington & Burling, Paul Weiss, and Jenner & Block, combined with the newest Presidential memo directing repercussions against certain lawyers who litigate against the government, demonstrate the administration’s intent to intimidate and silence members of the legal profession.
Lawyers have the tremendous privilege and responsibility of being advocates for their clients (even unpopular ones) and, at times, standing against the most powerful forces, including the government itself. We undertake that duty consistent with ethical rules and oversight from courts and bar associations, but we must be able to zealously advocate for clients consistent with those rules without fear of retaliation from the government. When law firms are punished—or threatened—for the clients they represent or the positions they argue in court simply because the administration disagrees with them, the rule of law begins to deteriorate. A legal system cannot function if attorneys fear losing their security clearances, their clients, or their livelihoods as a result of fulfilling their ethical and constitutional obligations. Just as a criminal defendant deserves counsel free from state coercion, so too do those persons challenging the government on matters of national security, civil rights, or constitutional authority.
We at ZwillGen stand in full and unwavering support of our colleagues at Perkins Coie and others who have been singled out for doing their jobs—and we support those who have chosen to fight. We echo the recent statement by Keker, Van Nest & Peters, who said, “Our liberties depend on lawyers’ willingness to represent unpopular people and causes, including in matters adverse to the federal government.”
Efforts to intimidate and marginalize lawyers who challenge executive power erode our institutions while enabling unchecked authority. We call on the legal community to join us and to resist—clearly, publicly, and without apology—these attacks on the foundations of our legal system.
If we do not stand up for the ability to practice our own profession, how can our clients believe we will fight for them?
