Did Trump’s lawyer violate his professional oath?

Donald Trump’s lawyers have worked diligently in recent months to delay one lawsuit after another, even as they struggled to make a valid case to protect the former president from criminal prosecution.

These legal plays are eroding our faith in one of the most important pillars of democracy: the rule of law. When we lose faith in the fundamental belief that the law applies equally to all citizens and that no one is above the law, we are on the path to anarchy.

Doctors take the Hippocratic oath not to harm their patients. Lawyers have a duty to uphold the rule of law. The American Bar Association’s Code of Professional Conduct states succinctly: “As members of the legal profession, lawyers are representatives of their clients, officers of the legal system, and citizens with a special responsibility for the quality of justice.”

Yes, lawyers have a “special responsibility for the quality of justice.” However, some lawyers these days, especially those who appear in state or federal court to “represent their clients”.

My law school civil procedure professor used to tell me over and over again, “If you only remember one civil procedure rule, remember Rule 11.” That’s the authentication rule. It is written in part:

By filing a pleading, motion, or other document with the court, an attorney or unrepresented party must provide evidence of his or her knowledge, information, and belief made after reasonable investigation under the following circumstances: To the extent possible, we certify that:

1. is not offered for any improper purpose, such as to harass, cause unnecessary delay or unnecessarily increase legal costs;
2. Claims, defenses, and other legal assertions are secured by existing law or frivolous arguments to extend, modify, or invalidate existing law to enact new law.
3. Factual allegations have evidentiary support, or, if specifically identified as such, are likely to have evidentiary support given a reasonable opportunity for further investigation or discovery.

The rules go on, but you get the gist. When a lawyer claims that he has facts to prove something, he is proving to the court that there are such facts, or he is trying to obtain them. Attorneys who cannot meet that clear standard should not sign or file petitions.

Judges control access to the courtroom. Lawyers cannot set foot in the courts of this country. They must be “admitted to practicing law” and courts have the power to discipline lawyers who violate the law. Although the court does not have to wait for opposing counsel to suggest a crime, “the court may independently determine whether or not the attorney, law firm, or party has committed the acts specifically described in the order under Rule 11(b). ) may be ordered to show reasons why they are not in violation of the law. ”

After the 2020 presidential election, more than 60 lawsuits were filed by candidate Trump or his representatives. All ended in Mr. Trump’s defeat, and many were described by judges and other legal experts as “frivolous” and “without merit.”

Judge Linda Parker of the Eastern District of Michigan said after sanctioning the lawyers who brought Mr. Trump’s case:

“This case represents a historic and gross abuse of the judicial process.…Individuals have the right to publicize (within certain limits) allegations of fraud that are unsupported by law or fact. Possibly. But lawyers cannot abuse their privilege or access to the judicial process to do the same thing, and there will be sanctions if they do.”

Trump’s lawyers recently filed briefs with the Supreme Court in his presidential immunity lawsuit, arguing that Trump has “a vast amount of information available to him in his official capacity, including that the election was tainted by massive fraud and fraud.” “He took the actions alleged in the indictment based on extensive information that he had been ” After 60 lawsuits, we are still waiting for “a huge amount of information.” Presumably, the attorney who signed and filed the brief knows where to find it.

Lawyers must uphold the rule of law. Start by rereading and considering Rule 11. At the same time, judges must be accountable to the lawyers who appear in court. Lawyers are court employees. They need to act like that.

When Americans lose faith in the rule of law, the foundations of our democracy begin to crumble. As a nation, that is exactly what is happening before our eyes. And when those components fail, anarchy ensues.

Charles Craigin is an attorney admitted to practice before the Supreme Court. He is a former member of the Republican National Committee, served as chairman of the Veterans Appeals Board and held senior positions at the Department of Defense.