The White House just issued a memorandum that many lawyers and academics are reading as an attempt to “chill” legal advocacy against the current administration. Read Memorandum. This follows the extraordinary pressure earlier this week that caused Paul Weiss to enter into an agreement that has shocked much of the legal community.
Lawyers Are Already Bound by Rule 11
Lawyers appearing in Federal Court are bound by Rule 11 of the Federal Rules of Civil Procedure. That is nothing new. The Federal Courts have the power to sanction attorneys who violate that rule, upon a motion by a party to a matter before the Court or Sua Sponte (on the Court’s own initiative).
Rule 11 is violated by misrepresentations of fact or law. Advocacy for clients, including those clients disfavored by our government, is an essential element of our adversary judicial system. Advocacy for those people accused of a crime, but not yet convicted is not a per se violation of Rule 11. Honest, competent advocacy for clients against government actions that appear to violate the US Constitution or other laws is not a violation of Rule 11. Honest, good faith, advocacy for expansion or modification of existing law is not a violation of Rule 11.
Whether a Lawyer Has Violated Rule 11 is a Question for a Judge to Decide
Our Constitution assigns to Article 3 Judges, and not the executive branch, the task of deciding what a law means. It is for our Justices and not our President to determine what is “legal.” Judges are well-qualified to decide when Rule 11 has been violated.
Our Advocacy for Clients Will Not be Altered by This Memorandum
As we have done since 1992, Alderman & Alderman will continue to advocate for our clients to the best of our ability in conformity with applicable laws, rules, and regulations, including Rule 11 of the Federal Rules of Civil Procedure. We will not be intimidated into declining clients or shying away from valid legal arguments by threats by the current occupant of the office of the President of the United States.
