{"id":112739,"date":"2025-03-31T09:03:14","date_gmt":"2025-03-31T17:03:14","guid":{"rendered":"https:\/\/xira.com\/p\/2025\/03\/31\/legal-ethics-roundup-european-treaty-to-protect-lawyers-eos-jenner-wilmer-skadden-dozen-opeds-on-democracy-ethics-letters-from-deans-profs-ags-bankruptcy-judge-resigns-oconn\/"},"modified":"2025-03-31T09:03:14","modified_gmt":"2025-03-31T17:03:14","slug":"legal-ethics-roundup-european-treaty-to-protect-lawyers-eos-jenner-wilmer-skadden-dozen-opeds-on-democracy-ethics-letters-from-deans-profs-ags-bankruptcy-judge-resigns-oconn","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2025\/03\/31\/legal-ethics-roundup-european-treaty-to-protect-lawyers-eos-jenner-wilmer-skadden-dozen-opeds-on-democracy-ethics-letters-from-deans-profs-ags-bankruptcy-judge-resigns-oconn\/","title":{"rendered":"Legal Ethics Roundup: European Treaty To Protect Lawyers, EOs \u2013 Jenner\/Wilmer\/Skadden, Dozen OpEds On Democracy + Ethics, Letters From Deans\/Profs\/AGs, Bankruptcy Judge Resigns, O\u2019Connor Bday & More"},"content":{"rendered":"
\"\"
<\/figcaption><\/figure>\n

Ed. note<\/u>: Please welcome Renee Knake Jefferson back to the pages of Above the Law. Subscribe to her Substack, Legal Ethics Roundup,\u00a0<\/strong>here<\/a>.<\/em><\/p>\n

Welcome to what captivates, haunts, inspires, and surprises me every week in the world of legal ethics.<\/strong><\/p>\n

Hello from France!<\/strong><\/h3>\n

We wrapped up my daughter\u2019s spring break in Paris, where I felt like my head was spinning as I tried to keep up with the many legal ethics headlines back home. As announced last week, the LER now maintains a\u00a0Legal Ethics & Democracy Tracker<\/a>\u00a0<\/strong>to help all of us keep up. It\u2019s a great place to find the latest news if you don\u2019t want to wait until the LER arrives in your email inbox on Monday mornings.<\/p>\n

\"\"<\/a>
The Eiffel Tower, Paris (photo by Renee Jefferson)<\/figcaption><\/figure>\n

One professional item to share \u2013\u00a0Law360\u00a0<\/strong>selected me<\/a><\/strong>\u00a0to join its\u00a02025 Editorial Advisory Board on Legal Ethics<\/strong>. I\u2019m one of two academics \u2013\u00a0Theo Liebmann<\/strong>\u00a0(Hofstra) is the other. We join\u00a0Amy Richardson<\/strong>\u00a0(HWG LLP),\u00a0Dan Kozusk\u00a0<\/strong>(Willkie),\u00a0James B. Kobak, Jr.<\/strong>\u00a0(Hughes Hubbard),\u00a0James Q. Walker<\/strong>\u00a0(Perkins Coie),\u00a0Paul Matthew Koning<\/strong>\u00a0(Koning Rubarts),\u00a0Rachel Nguyen<\/strong>\u00a0(Morgan Lewis),\u00a0Sari Montgomery<\/strong>\u00a0(Robinson Stewart),\u00a0Steven Badger<\/strong>\u00a0(Barnes & Thornburg), and\u00a0Trisha Rich<\/strong>\u00a0(Holland & Knight).<\/p>\n

Now for the headlines. It\u2019s official \u2013 the LER will be delivering you a \u2018Top Fifteen\u2019 instead of our usual \u2018Top Ten\u2019 for the foreseeable future given the recent surge in breaking news about the ethics of lawyers and judges. And technically this week\u2019s list is closer to thirty headlines, especially because #15 includes a dozen op-eds on legal ethics and democracy. You might want to grab a cup of coffee before you read to the end!<\/p>\n

Highlights from Last Week\u00a0\u2013 Top Fifteen Headlines<\/h3>\n
\"\"<\/a><\/figure>\n

#1 \u201cTrump Expands Retribution Against Law Firms in New Executive Order.\u201d<\/strong>\u00a0From the\u00a0Wall Street Journal<\/strong>: \u201cPresident Trump<\/strong>\u00a0signed an executive order targeting the\u00a0Jenner & Block<\/strong>\u00a0law firm. He cited the firm\u2019s ties to prosecutor\u00a0Robert Mueller<\/strong>\u00a0and investigating Russian interference in the 2016 election.. \u2026 Tuesday\u2019s order also explicitly targets pro bono work the firm has taken on to challenge the administration\u2019s policies, saying it abused its pro bono practice to engage in activities that undermine justice and the interests of the United States. Jenner has touted its extensive pro bono work in the past, and this year has backed lawsuits challenging the administration\u2019s policies, including on behalf of transgender individuals and asylum seekers.\u201d Read more\u00a0here<\/a><\/strong>\u00a0and\u00a0here<\/a><\/strong>\u00a0(gift link). Read the full EO\u00a0here<\/a><\/strong>.<\/p>\n

Jenner won a temporary restraining order on Friday, March 28.<\/strong>\u00a0From\u00a0Bloomberg Law<\/strong>: \u201cA DC federal judge on Friday temporarily barred the Trump administration from enforcing an executive order targeting law firm Jenner & Block. The\u00a0ruling<\/a><\/strong>\u00a0halts most of President Donald Trump\u2019s March 25 order, which directed agencies to restrict firm employees from accessing US buildings and terminate government contracts with Jenner clients. The firm did not seek a temporary restraining order against another section of the order that strips lawyers\u2019 security clearances.\u201d Read more\u00a0here<\/a><\/strong>.<\/p>\n

The firm has created a\u00a0website \u201cJenner Stands Firm\u201d<\/a><\/strong>\u00a0to follow their legal challenge to the EO. From the website:<\/p>\n

\n

On March 28 2025, Jenner & Block filed a lawsuit to stop an unconstitutional executive order that has already been declared unlawful by a federal court. We expect to prevail quickly. For more than 100 years, Jenner has stood firm and tirelessly advocated for our clients against all adversaries, including against unlawful government action. We once again go to court to do just that. To do otherwise would mean compromising our ability to zealously advocate for all of our clients and capitulating to unconstitutional government coercion, which is simply not in our DNA.<\/p>\n<\/blockquote>\n

\n
\"\"<\/a><\/figure>\n

#2 \u201cTrump Executive Order Targets WilmerHale, Citing Robert Mueller Ties.\u201d<\/strong>\u00a0From the\u00a0Washington Post<\/strong>: \u201cPresident Donald Trump on Thursday signed another executive order aimed at what he labeled \u2018rogue law firms,\u2019 this time calling on federal agencies to end all contracts with\u00a0Wilmer Cutler Pickering Hale and Dorr LLP<\/strong>, known as WilmerHale. The directive calls on the government to avoid hiring the firm\u2019s employees, restricting its employees\u2019 access to government buildings and suspending security clearances for its lawyers.\u201d Read more\u00a0here<\/a><\/strong>\u00a0(gift link). Read the full EO\u00a0here<\/a><\/strong>.<\/p>\n

WilmerHale won a temporary restraining order on Friday, March 28.<\/strong>\u00a0From a WilmerHale spokesperson: \u201cWe appreciate the court\u2019s swift action to preserve our clients\u2019 right to counsel and acknowledgement of the unconstitutional nature of the executive order and its chilling effect on the legal system. The court\u2019s decision to block key provisions of the order vindicates our and our clients\u2019 foundational First Amendment rights.\u201d Read the full opinion granting the TRO from\u00a0US District Court for the District of Columbia Judge Richard Leon<\/strong>\u00a0here and the hearing transcript here. Key provisions from Judge Leon\u2019s opinion are highlighted below:<\/p>\n

\n

\u201cThis prohibition includes retaliatory actions based on perceived viewpoint. The retaliatory nature of the Executive Order at issue here is clear from its face \u2013 not only from Section 1, but also from the Fact Sheet published the same day. \u2026There is no doubt this retaliatory action chills speech and legal advocacy, or that it qualifies as a constitutional harm.\u201d<\/p>\n

\u201cWhile economic loss does not always warrant a TRO, this is not a typical situation. This plaintiff faces more than economic harm \u2013 it faces crippling losses, and its very survival is at stake.\u201d<\/p>\n

\u201cThe injuries to plaintiff here would be severe, and would spill over to clients and the justice system at large. The public interest demands protecting against harms of this magnitude.\u201d<\/p>\n<\/blockquote>\n

\"\"<\/a><\/figure>\n
\n

#3 Executive Order Threatening Skadden Avoided With $100M Settlement.<\/strong>\u00a0From\u00a0CBS News<\/strong>: \u201cPresident Trump announced Friday that the law firm\u00a0Skadden, Arps, Slate, Meagher and Flom<\/strong>\u00a0agreed to provide more than $100 million in pro bono work for initiatives backed by his administration. The agreement makes Skadden Arps the second major firm to reach a deal with Mr. Trump amid a recent blitz of executive orders targeting law firms that have employed his purported political opponents. The orders issued by the president have focused on the firms Perkins Coie, Jenner & Block, and Wilmer Cutler Pickering Hale and Dorr. \u2026 The president said in a\u00a0statement<\/a><\/strong>\u00a0posted to Truth Social that in addition to providing $100 million in pro bono work, the firm will not engage in \u2018illegal DEI discrimination and preferences\u2019 and work with an outside counsel to advise it on employment practices.\u201d Read more\u00a0here<\/a><\/strong>.<\/p>\n

\n

#4 The Ethics of Big Law Approaches to Executive Orders \u2014 Settle or Sue.<\/strong>\u00a0From the\u00a0New York Times<\/strong>: \u201cThe nation\u2019s legal profession is being split between those that want to fight back against President Trump\u2019s attacks on the industry and those that prefer to engage in the art of the deal. Two big firms sued the Trump administration on Friday, seeking to stop executive orders that could impair their ability to represent clients. The lawsuits filed by Jenner & Block and WilmerHale highlight how some elite firms are willing to fight Mr. Trump\u2019s campaign targeting those he doesn\u2019t like, while others, like Paul Weiss and Skadden, have cut deals to appease the president. In recent weeks, Mr. Trump has issued similarly styled executive orders against firms that he perceives as enemies and threats to national security. The orders could create an existential crisis for firms because they would strip lawyers of security clearances, bar them from entering federal buildings and discourage federal officials from interacting with the firms. \u2018I am heartened by the fact that Jenner and Wilmer are joining Perkins in pushing back on these illegal executive orders. It shows that capitulation is not the only route,\u2019 said\u00a0Matthew Diller<\/strong>, a law professor and former dean of\u00a0Fordham University School of Law<\/strong>. \u2018In the long run, it will strengthen their reputations in the market as forceful advocates who stand up for principle, a quality that many clients will value.\u2019\u201d Read more\u00a0here<\/a><\/strong>\u00a0(gift link).<\/p>\n

\n

#5 \u201cTrump Targets Big Law, and Big Law Appears Intimidated.\u201d<\/strong>\u00a0From\u00a0National Public Radio<\/strong>: \u201cFor weeks, President Trump has been issuing executive orders and memos that levy or threaten sanctions on major law firms. The moves suspend security clearances, cancel government contracts, bar employees from federal buildings \u2014 and other actions that threaten their ability to represent their clients. \u2026 We hear from\u00a0Rachel Cohen<\/strong>, who publicly threatened to resign from her law firm in protest.\u201d Listen\u00a0here<\/a><\/strong>.<\/p>\n

\n

#6 \u201cTop Republicans Rebuff Trump\u2019s Demands to Impeach Judges; GOP Lawmakers Pursue Other Ways to Rein in the Judiciary.\u201d\u00a0<\/strong>From the\u00a0Wall Street Journal<\/strong>: \u201cPresident Trump\u2019s call to impeach judges who have ruled against him is going nowhere in the GOP-controlled Congress, even as Elon Musk and other MAGA voices continue to rage against court orders slowing initiatives on immigration and other contentious issues. While some Republican lawmakers have heartily backed impeachments, others see them as a wrongheaded distraction from their party\u2019s legislative agenda and are pursuing alternative ways to rein in the judiciary. Removing a judge requires a majority vote in the House, followed by a two-thirds vote in the Senate\u2014the former an uncertainty, the latter a near impossibility. \u2026\u00a0Chief Justice John Roberts<\/strong>\u00a0last week cautioned that impeachment \u2018is not an appropriate response to disagreement concerning a judicial decision.\u2019\u201d Read more\u00a0here<\/a>\u00a0<\/strong>(gift link).<\/p>\n

\n

#7 \u201c17 Attorneys Seek Disqualification of LA Judge Citing Bias, Abuse.\u201d\u00a0<\/strong>From the\u00a0Daily Journal<\/strong>: \u201cThe attorneys say\u00a0Superior Court Judge Mary Ann Murphy<\/strong>\u00a0has demonstrated a pattern of hostility, bias, and racially charged comments from the bench. Declarations detail courtroom behavior described as \u2018abusive,\u2019 \u2018unhinged,\u2019 and \u2018shockingly prejudicial.\u2019\u201d Read more\u00a0here<\/a><\/strong>.<\/p>\n

\n

#8 \u201cMinnesota Federal Bankruptcy Judge to Resign Amid Misconduct Allegations.\u201d<\/strong>\u00a0From\u00a0Aliza Shatzman<\/strong>\u00a0(Legal Accountability Project) in\u00a0Above the Law<\/strong>: \u201cThis is the biggest judicial accountability story since\u00a0Joshua Kindred<\/strong>\u00a0resigned in scandal last year, but the federal courts would prefer you not know about it.\u201d Read more\u00a0here<\/a><\/strong>.<\/p>\n

\n

#9 \u201cHow BigLaw Is Tweaking Diversity Messaging Amid Pushback.\u201d\u00a0<\/strong>From\u00a0Law360:\u00a0<\/strong>\u201cAs the Trump administration intensifies its scrutiny of diversity programs, some of the nation\u2019s leading law firms are quietly adjusting how they publicly present their diversity commitments, including softening language, scrubbing\u201d websites. Read more\u00a0here<\/a><\/strong>.<\/p>\n

\n

#10 Remembering the Ethics of Justice Sandra Day O\u2019Connor.\u00a0<\/strong>Last week was SDO\u2019s birthday, and\u00a0Scott Bales<\/strong>\u00a0offers a remembrance of her that includes the ethics she applied to her work on the bench. She would\u2019ve turned 95. From Bales\u2019 essay in\u00a0The Arizona Republic<\/strong>: \u201cJustice O\u2019Connor<\/strong>\u00a0saw that preserving the Constitution and our democracy ultimately depend on public understanding and engagement. Only by participating as citizens can we work together to address our nation\u2019s problems, \u2018putting country and the common good above party and self-interest, and holding our key government institutions accountable.\u2019\u201d Read more\u00a0here<\/a><\/strong>. For additional tidbits about SDO as the first female Supreme Court justice, revisit\u00a0LER Bonus Content No. 7<\/a><\/strong>. For coverage of her funeral, revisit\u00a0LER Bonus Content No. 8<\/a><\/strong>.<\/p>\n

\n

#11 \u201cCouncil of Europe Adopts International Convention on Protecting Lawyers.\u201d\u00a0<\/strong>From the\u00a0Council of Europe Website<\/strong>: \u201cThe Council of Europe has adopted the first-ever international treaty aiming to protect the profession of lawyer. This is to respond to increasing reports of attacks on the practice of the profession, whether in the form of harassment, threats or attacks, or interference with the exercise of professional duties (for example, obstacles to access to clients). \u2026 The\u00a0Convention<\/a><\/strong>\u00a0will be opened for signature on 13 May, on the occasion of the Council of Europe Foreign Affairs ministers\u2019 meeting in Luxembourg. At least eight countries, including six member states of the Council of Europe, must ratify it for it to enter into force.\u201d Read more\u00a0here<\/a><\/strong>.<\/p>\n

\n

#12 \u201cDOJ Launches \u2018Immediate Review\u2019 of Law Firms After Trump Memo.\u201d\u00a0<\/strong>From the\u00a0Bloomberg Law<\/strong>: \u201cThe\u00a0Justice Department<\/strong>\u00a0is going after lawyers for \u2018frivolous\u2019 litigation against the government with a rarely used procedural tool aimed at punishing extreme behavior by attorneys. DOJ \u2018began an immediate review of law firms who have participated in inappropriate activity and weaponized lawfare,\u2019 after President Donald Trump\u00a0directed<\/a><\/strong>\u00a0<\/a>the move in a March 21 memo, a department spokesperson said Monday. Trump instructed\u00a0Attorney General Pam Bondi<\/strong>\u00a0to pursue sanctions under a federal civil procedure rule\u2014Rule 11\u2014designed to deter lawyers and their clients from abusing the court process. Although judges are reluctant to hand down sanctions under the rule, it provides another line of attack for the Trump administration in its broadside against lawyers and firms that the president perceives as his enemies.\u201d Read more\u00a0here<\/a><\/strong>.<\/p>\n

\n

#13 \u201cFederal Judiciary Creates New Task Force With Threats on the Rise\u201d\u00a0<\/strong>From the\u00a0New York Times<\/strong>: \u201cA task force of federal judges will consider how to respond to \u2018current risks\u2019 for the judiciary, following a spate of threats against judges who have ruled against the Trump administration.\u201d Read more\u00a0here<\/a><\/strong>\u00a0(gift link).<\/p>\n

\n

#14 Attorneys General (21!), Bar Associations (70+!), Law Deans (80!), HLS Law Faculty (80+!), and Others Add Statements to Growing List Speaking Out Against the Trump Administration\u2019s Threats to law firms and lawyers.\u00a0<\/strong>Last week, eighty law deans issued a statement (here<\/a><\/strong>) as did more than seventy bar organizations (here<\/a><\/strong>). The\u00a0Harvard Law<\/strong>\u00a0faculty issued a\u00a0jointly-signed letter<\/a><\/strong>, with separate commentary from professors\u00a0Adrian Vermuele<\/strong>\u00a0(here<\/a><\/strong>) and\u00a0Lawrence Lessig<\/strong>\u00a0(here<\/a><\/strong>). A\u00a0letter<\/a><\/strong>\u00a0organized by\u00a0Democracy Forward<\/strong>, in conjunction with the\u00a0Society for the Rule of Law Institute<\/strong>, called on Attorney General Bondi to oppose the use of the federal government to attack lawyers, law firms, and legal organizations. And twenty-one attorneys general wrote a \u201copen letter\u201d addressed \u201cto the legal community\u201d about the attacks on the legal profession and judiciary (here<\/a><\/strong>). For a complete list of 20+ statements issued since February, visit the\u00a0Legal Ethics & Democracy Tracker<\/a><\/strong>.<\/p>\n

\n

#15 Lots of Op-Eds from Law Professors and Commentators on the Executive Orders.<\/strong>\u00a0Here\u2019s a list of what I encountered over the past couple of weeks \u2014 please let me know if something is missing:<\/p>\n