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The Ethics of Trump’s Lawyers?

Document Type

Article

Publication Date

2021

Publication Title

ABA Criminal Justice

Abstract

The barrage of failed lawsuits filed by lawyers representing Donald Trump and his allies seeking to overturn the 2020 election results has brought forth numerous calls to sanction these lawyers. Some urge, appropriately in our view, federal judges who dismissed suits to impose sanctions for flagrant violations of Rule 11 of the Federal Rules of Civil Procedure. Others call for Ethics authorities to impose disciplinary sanctions. In this paper, we analyze potential ethical liabilities under the Rules of Professional Conduct for supervising lawyers in the Trump legal team. We also address whether withdrawal after a bogus suit been filed provides a defense to ethical liability. Finally, we use the purposes of criminal punishment by way of analogy to consider whether and what types of professional discipline are appropriate.

Keywords

Ethics, Legal Ethics, Professional Responsibility, President, Donald, Trump, Failed, Lawsuits, 2020, Election, Sanctions, Rule 11, Discipline, Lawyer, Disciplinary, Meritless, Accountability, Liability, Withdrawal, Model Rules, Rudolph, Rudy, Giuliani, Complaints

Publication Citation

Peter A. Joy & Kevin C. McMunigal, The Ethics of Trump’s Lawyers?, 36 ABA Criminal Justice 62 (2021)

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