700+ Law Firm Partners Warn Trump's Executive Orders Are Chilling Legal Advocacy

More than 700 law firm partners warned in a new amicus brief that Trump's executive orders are chilling legal representation and threatening the rule of law.

Key points:

  • A group of over 700 law firm partners filed an amicus brief supporting Susman Godfrey’s lawsuit against the Trump administration.
  • The brief warns that fear of presidential retaliation is deterring lawyers and clients from taking cases.
  • Signatories come from top Am Law 200 firms across the U.S., acting in their personal capacity.

In a major show of concern, an association of more than 700 law firm partners filed an amicus brief Friday warning that President Trump’s executive orders targeting law firms are already chilling legal advocacy and undermining constitutional protections. The brief was filed in support of Susman Godfrey’s lawsuit against the administration.

The group, calling itself Law Firm Partners United, includes attorneys from top firms such as DLA Piper, Wilson Sonsini, Akerman, Greenberg Traurig, and King & Spalding, among many others. Although the members act in their personal capacities, they span a broad range of practices and leadership positions across the Am Law 200.

“Clients who previously had no difficulty finding representation are now being turned away by those who worry that taking the cases might risk presidential disapproval,” the amicus brief states. It further warns that clients are hesitating to hire law firms that could become the president’s next target, chilling access to counsel and weakening the independence of the legal profession.

The group's brief argues that fear of governmental retribution is eroding the fundamental right to legal representation and threatening the rule of law itself. “Because courts cannot decide cases that lawyers do not bring, these executive orders undermine our system of justice,” the brief says.

Trump has signed six executive orders aimed at law firms, including orders against Susman Godfrey, WilmerHale, Jenner & Block, and Perkins Coie. All four firms have obtained temporary restraining orders blocking enforcement while litigation continues. Meanwhile, Trump has reportedly struck "pro bono" deals with nine other large firms.

The Law Firm Partners United association was formed in recent weeks under the leadership of Goodwin Procter partner Neel Chatterjee. Originally operating anonymously, the group has now publicly filed this amicus brief as a statement of professional solidarity. About 110 attorneys personally signed the brief, including partners from Cadwalader, Willkie Farr, McDermott Will & Emery, Holland & Knight, Mintz, Pillsbury, and Morrison & Foerster, among others.

“Representing unpopular clients has always come with risks for lawyers,” the group notes. “But having the government impose serious consequences on lawyers for conducting zealous advocacy does not reflect who we are as a nation.”

The brief warns that allowing these executive orders to stand would set a dangerous precedent, chilling future advocacy and weakening the ability of courts to hear important constitutional challenges. The group urges the court to swiftly invalidate the orders, stating, “The Constitution and the rule of law require nothing less.”

Law Firm Partners United is represented by Olson Grimsley Kawanabe Hinchcliff & Murray in Denver and Zimmer, Citron & Clarke in Cambridge, Massachusetts.

For more coverage, read the full report at The American Lawyer.

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