ADDRESSING ATTORNEY MISCONDUCT: Today, President Donald J. Trump signed a memorandum to hold attorneys and law firms accountable for unethical conduct when litigating against the Federal government or pursuing baseless partisan attacks. The memorandum instructs the Attorney General to:
- Prioritize seeking sanctions against attorneys and law firms that engage in frivolous, unreasonable, or vexatious litigation against the United States.
- Prioritize enforcement of regulations governing attorney conduct and discipline. This directive also applies to the Secretary of Homeland Security.
- Refer attorneys and law firms for disciplinary action when their conduct in Federal court or before any component of the Federal government appears to violate professional conduct rules.
- Recommend additional consequences, including reassessing security clearances or terminating federal contracts, for attorneys and law firms that engage in conduct deserving of sanctions or other disciplinary action.
- Review attorney and law firm conduct over the last eight years in litigation against the Federal government and recommend further actions if misconduct is identified.
PREVENTING ABUSES OF THE LEGAL SYSTEM AND FEDERAL COURTS: President Trump believes that lawyers and law firms must be held accountable when they engage in illegal or unethical conduct, especially when their misconduct threatens our national security, homeland security, public safety, or election integrity.
- Examples of egregious unethical conduct, such as Marc Elias’ direct involvement in creating a false “dossier” to interfere with the 2016 presidential election, are too common in the legal profession.
- The immigration system is likewise replete with examples of unscrupulous behavior by attorneys and law firms that undermine immigration enforcement.
- The immigration bar, and powerful Big Law pro bono practices, frequently coach clients to conceal their past or lie about their circumstances when seeking asylum.
- Fact-checking these fraudulent claims imposes an enormous burden on the Federal government, and in turn undermines the integrity of our immigration laws.
- Federal Rule of Civil Procedure 11 prohibits attorneys from engaging in certain unethical conduct, such as filing frivolous claims, presenting arguments not grounded in law, or making factual assertions without evidentiary support. Federal regulations establish similar attorney conduct standards, particularly in connection with immigration proceedings.
- Frivolous lawsuits, bad-faith legal arguments, and blatant misrepresentations of fact burden the courts and waste taxpayer resources.
- Lawyers and law firms that engage in unethical conduct often face little to no accountability—this memorandum delivers overdue enforcement.
A RETURN TO ACCOUNTABILITY: President Trump is delivering on his promise to end the weaponization of government and protect the nation from partisan and bad faith actors who exploit their influence.
- This memorandum aligns with President Trump’s priority on refocusing government operations to serve the citizens of the United States.
- It builds on President Trump’s previous actions, such as signing an Executive Order on his first day in office to end the weaponization of the Federal government and ensure accountability for past misconduct.
- It follows his revocation of security clearances held by intelligence officials who falsely claimed Hunter Biden’s laptop was Russian disinformation during the 2020 election.
- President Trump has also taken action to hold major law firms accountable, including Covington & Burling, Paul Weiss, and Perkins Coie.