The divide in law: ethics, profit, and the Trump administration's influence

It is extraordinary what is happening to our honorable profession when law firms like Paul Weiss and Skadden, Arps are willing to give up everything our profession stands for to put profits first. In return for donating hours of legal work to be directed by the Trump administration, these firms seek to avoid Trump's executive orders prohibiting them from appearing in federal courts or entering federal buildings. Rather than fight to uphold morality, justice and constitutional law, profits have given way to the new administration.

The New York law firm Paul Weiss was accused by the Trump administration of employing an unethical attorney and wrongly engaging in diversity, equity, and inclusion (DEI) when hiring staff. To avoid any restrictions, the law firm agreed to give $40 million in legal services to be directed by the Trump Administration. Thereafter, the New York law firm of Skadden, Arps agreed to give $100 million in legal services to be directed by the Trump Administration. These law firms were considered to provide exemplary legal work and to honor our judicial system. Within the past few weeks, President Trump sent out a directive to staff members and agency heads that law firms must be held accountable for representing his enemies like Hillary Clinton, George Soros, and others. Because of this, other law firms fearful of these executive orders are considering following suit. But acquiescing to the Trump administration is nothing more than an embarrassment to our legal profession and the entire judicial system.

In contrast, four major law firms, Perkins Coie, Jenner & Block, Covington & Burling, and WilmerHale had the integrity and guts to lead the legal opposition against attacks by the Trump Administration on our profession. Perkins Coie was accused of representing people like Hillary Clinton and defending constitutional laws. These firms were attacked by the White House for "dishonest and dangerous activity," and the Trump administration went as far as instructing all federal departments to cancel any contracts with any clients these firms represent. In addition, WilmerHale was targeted because its former member, Robert Mueller, led an investigation into Trump's 2016 campaign and its alleged activities with Russian officials. Ironically, Mueller was appointed special counsel by Trump's then-deputy attorney general. These law firms fought the Trump administration by seeking protection from the courts.

District Courts have done the right thing in response to Trump's Executive Orders. District Court Judge Beryl Howell (Obama appointee) issued a temporary restraining order (TRO) blocking the executive order against Perkins Coie. District Court Judge Richard Leon (George W. Bush appointee) issued a TRO blocking the WilmerHale firms' access to federal buildings and officials. District Court Judge John Bates (George W. Bush appointee) issued a TRO blocking parts of the executive order against Jenner & Block from entering federal buildings and other issues.

Yet, our judiciary is also under attack - judges are now being threatened with impeachment if their ruling is contrary to the wishes of the Trump administration. House Representative Andy Ogles of Tennessee filed impeachment articles against District Court Judge Theodore Chuang from Maryland - with many more to come.

It is a new day for our legal rights, legal representation, and living under the rule of law. Indeed, Vice-President JD Vance, a lawyer, expressly stated that judges "aren't allowed" to interfere with the Trump administration's "legitimate power."

Our new Attorney General, Pamela Bondi, is supposed to lead our country to uphold the rule of law with ethics and a just judicial system - for all citizens. One has to wonder why the Attorney General has become a puppet to the White House. It is causing many law firms and companies to follow the Trump administration directive to dispose of DEI policies to include diverse people regardless of their gender, ethnicity, or skin color. In fact, the new EEOC Chairperson, Andrea Lucas, sent memos to major firms that DEI practices could be unlawful and demanded written reports from the firms.

The Trump administration is not only going after private law firms but also against federal prosecutors who have passed up private practice for public service for the people of our country. Numerous extraordinary Justice Department attorneys have been treated as poorly as law firms, having been directed who and who not to prosecute. Many stood up against the Trump administration, including Danielle Sassoon, acting U.S. Attorney for the Southern District of New York, who refused to drop Mayor Eric Adam's criminal case and wrote a detailed letter explaining her refusal and why she would resign instead. The same is true of Elizabeth Oyer, in D.C., who was fired by the Trump administration for refusing to grant certain pardon requests. In addition, Tessa Gorman, the U.S. Attorney for the Western District of Washington, was removed by the Trump administration because she stood up for fair justice. These are just a few of the many DOJ lawyers fired or forced to resign because of their belief in the rule of law and fair justice.

When we were admitted to the legal bar, we took a formal oath to follow the law and use the law to assist people or companies, using our judicial system to seek justice, whether it be on the plaintiff side, the defense side or to petition our government. This is especially true for people who do not have a voice in our judicial system. To allow this new administration and its mix of right-wing members of Congress and oligarchs to threaten our legal profession and judges with impeachment is just short of tearing up our constitution and creating chaos in our society.

Our profession, both in private practice and those working for the government, are now being put in a position of having to make critical ethical decisions. Do we put profits and ethics aside, or do we stand with those who put  integrity and respect for the judicial branch ahead of those who cower and are afraid of the new "rules" of practice set by the Trump administration? The choice is clear to any ethical and responsible attorney.