Introduction: The State of the Legal Profession
Last year was a sobering chapter for the American legal profession—an institution that relies on principles as unwavering as the law itself. We witnessed shocking compromises where large law firms struck troubling partnerships with an administration that wielded its influence with little regard for legal ethics. This isn't just about law; it's about the very fabric of justice in our democracy.
A Fragile Foundation
As former judges, we have felt the weight of the law and the pressures that come with it. Law firms, once bastions of ethical practice, succumbed to political influences, clouding their long-standing commitments to justice. Many firms were silenced, fearing political repercussions. In response, though a few rose to resist, they were surrounded by a chilling silence that imperils our legal framework.
“A united profession gives us strength; our collective voice is essential.”
A Historical Parallel: The Sullivan Principles
In 1977, a vital ethical framework emerged for corporations operating in apartheid South Africa. The Sullivan Principles sought to combat discrimination and promote human rights. These guidelines encouraged many American institutions to take a stand—denouncing oppression and signaling their commitment to justice. Drawing inspiration from this, we posit that a similar framework could fortify the American legal profession against its current crises.
The Call for Ethical Principles
The founding members of the Article III Coalition, which includes dozens of retired federal judges, propose a cohesive set of ethical principles for our profession. These principles demand that lawyers and their organizations:
- Affirm their role in protecting clients' rights free from government coercion.
- Challenge unjust government actions that threaten democracy.
- Uphold public confidence in the legal process through candor and integrity.
The Right to Independence
We must remember, it is our First Amendment right to represent clients and express beliefs without fear. Courts have reiterated this fundamental principle, underscoring that the law is not merely a career but a commitment to uphold justice above all else.
Facing the Consequences
Major law firms that opted for governmental agreements are now facing substantial repercussions. Emerging evidence revealed that not only did these alliances jeopardize their reputations, but they also prompted public and political scrutiny. Experts in the field are increasingly vocal about the ethical missteps these firms took, warning that the consequences will last far beyond any administration.
The Importance of Collective Action
For law firms large and small, the cost of remaining silent or failing to act collaboratively is steep. To address the current challenges, every attorney and legal organization must rally together, publicly endorsing the proposed principles. By doing so, we demonstrate our commitment to preserving the integrity of our profession.
Conclusion: A Call to Unity
As I reflect on these pressing issues, I am reminded of our shared responsibility. Embracing these principles will not only fortify our profession but also reinforce the very democracy we swore to protect. Lawyers, judges, and legal professionals must stand united—our strength lies in our collective courage to act. Together, we can ensure that America's legal profession remains a paragon of integrity and justice, guiding future generations toward a brighter, more equitable future.
For further reading on these ethical principles, visit their official posting.
Source reference: https://www.nytimes.com/2026/01/19/opinion/how-the-american-legal-profession-can-regain-its-dignity.html
