The American Bar Association has filed suit against the Federal government over Pres. Trump’s Executive Orders targeting big law firms. The suit accuses Pres.Ttrump of coercing law firms into forgoing certain types of legal work, and to abandon some clients, causes and policy positions. The suit was filed against the President and over two dozen Federal agencies.

The suit notes that Pres. Trump targeted the firm Paul Wise, because it filed a pro bono lawsuit against certain particpants in the events of Jan. 6, 2021. The Executive Order also faulted the law firm Paul Weiss., because it hired Mark Pomerantz. Mr. Pomerantz was the former Assistant District Attorney in New York who tried to build a criminal case against Mr. Trump. Soon after the EOs, Trump announced a settlement with Paul Wise, in which the firm agreed to provide legal work for the President. Thus, the President “dragooned” the law firm into performing free legal work for him. Those actions amounted to a message to law firms as a whole.

Administration Disfavor

The ABA explains that it sought to sue the government over other actions that harmed the ABA. But, it could find no firms willing to do the work pro bono. Since, the law firms knew the administration disfavored such suits. An equity partner in a major law firm was prevented from performing certain legal work, because such work was disfavored by the White House. Yet, that same lawyer had performed similar work in the past – with no objection from his firm. The suit argues that Mr. Trump’s actions are already limiting persons’ access to legal counsel and constraining free speech.

These actions amount to violations of free expression under the First Amendment. They also constitute violation of separation of powers. The Executive Branch does not have the authority to convey to certain lawyers or law firms and dictate what work they may do by fiat. There should be some sort of due process involved. See the ABA Bar Journal report here for more information on this lawsuit.