The American Bar Association (ABA), World’s one of the largest voluntary associations of lawyers, has filed a lawsuit against the US government. The parties to the Suit are the Executive office of President, numerous federal departments and agencies, including their heads. The lawsuit filed in the district court of Columbia points out the “Law Firm Intimidation Policy”, persuaded by the Trump administration. The ABA has strongly asserted that ever since taking of office of President, Trump and his administration have wielded the powers of the executive branch to unlawfully coerce lawyers and law firms.

The lawsuit alleges that the main objective of the present administration is to force legal professionals to abandon clients, their causes, and policy positions that the Trump administration disfavours. The lawsuit alleges that the means utilised to carry out intimidation is through various means, i.e. executive orders, letters, memos, and statements made in public designed to target and harm specific law firms as well as deter others. 11

It seems that lawyers and law firms are becoming reluctant to take up cases that challenge the federal government due to fears of retaliatory actions by the administration. The ABA has emphasised the critical role that lawyers play in the constitutional systems, a constant check on the executive branch. ABA states that without independent lawyers and law firms, the judiciary cannot function effectively and protect citizens’ rights.

The lawsuit by the American Bar Association enumerates various tactics adopted by the Trump administration as part of the ‘intimidation policy’, as follows :

1. Terminating security clearances :

Individuals at specific targeted firms have had their security clearances suspended.

2. Termination of Government contracts :

The government contracts of law firms and their clients are threatened with termination. Contractors are forced to reveal business relationships with specific targeted law firms.

3. Refraining government agencies from hiring :

Federal agencies are being refrained from hiring employees from specific targeted law firms for government jobs unless a specific waiver is given.

4. Investigations Being Targeted :

The Attorney General’s office is directed to review the practices of law firms, with an implied threat of disciplinary action or prosecution.

The American Bar Association has cited specific references of multiple executive orders issued against law firms like Perkins Cole, Paul Weiss, Jenner & Block, WilmerHale, Susman Godfrey, citing how executive orders have caused financial and repetitional damage. The lawsuit also points out deals struck with law firms such as Skadden, Willkie Farr & Gallagher, Milbank, Kirkland & Ellis, Shearman Sterling, Simpson Thacher & Barlett, Cadwalader,etc, where they have agreed to provide millions of dollars in pro bono services for administration approved causes.

The ABA is seeking several forms of relief from the court. Primarily, it has asked the court to declare the entire ‘Law Firm Intimidation Policy’ unconstitutional. Furthermore ABA’s lawsuit seeks inductive relief to prevent the defendants - the US Government, its departments, agencies and their heads , from implementing and enforcing this policy against the ABA and its members in the future.