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Why are Trump's lawyers suddenly quitting?
- some thoughts from an English lawyer's perspective
1.
- some thoughts from an English lawyer's perspective
1.
Could it be that they doubt (or reject) the merits of the case?
Probably not
Lawyers have to argue weak cases, or cases they personally disagree with, all the time
This is not a reason for suddenly quitting
2.
Probably not
Lawyers have to argue weak cases, or cases they personally disagree with, all the time
This is not a reason for suddenly quitting
2.
Could it be that they are not being paid?
Maybe, but probably not
Wise lawyers would get paid in advance, others will realise there is a risk of non-payment
This is not a reason for suddenly quitting
3.
Maybe, but probably not
Wise lawyers would get paid in advance, others will realise there is a risk of non-payment
This is not a reason for suddenly quitting
3.
Could it be fear of notoriety? Or pressure from existing clients?
Again, probably not
Many lawyers do not mind, often relish the hostility
Existing clients may admire that lawyers are fearless in defending interests
This is also not a reason for suddenly quitting
4.
Again, probably not
Many lawyers do not mind, often relish the hostility
Existing clients may admire that lawyers are fearless in defending interests
This is also not a reason for suddenly quitting
4.
So what are you left with?
Well, am not an American lawyer, but from an English lawyer's perspective t seems that the lawyers are being asked to do something which conflicts with their duty to the court
Yes, lawyers do have standards and absolute obligations (you may scoff)
5.
Well, am not an American lawyer, but from an English lawyer's perspective t seems that the lawyers are being asked to do something which conflicts with their duty to the court
Yes, lawyers do have standards and absolute obligations (you may scoff)
5.
Otherwise, dropping a client (in it) on the eve of the hearing would not only be negligent, it would be a breach of the duty to the client
The only safe reason to do this is compliance with your duty to the court
6.
The only safe reason to do this is compliance with your duty to the court
6.
Attorney-client privilege and confidentiality means a lawyer cannot ever reveal this
But it is an action that speaks as loudly as any words
7.
But it is an action that speaks as loudly as any words
7.
So unless there is a more compelling explanation - or there is some aspect of US law and practice of which I am unaware (quite possible) - the best explanation for sudden departures is that lawyers would have been in breach of their duty to the court if they had carried on
8.
8.
(ps, of course an alternative explanation, although not consistent with the news reports, is that the lawyers were sacked by the client, perhaps as a means of cynically engineering a delay to the hearing - but that is a sacking, not a quitting)
8.
8.
This duty to the court is not to mislead the court, not to lie, not to make claims that are not supported by any evidence, or legal arguments that have no basis in any law
Again, you may scoff - but lawyers and courts take these duties seriously
9.
Again, you may scoff - but lawyers and courts take these duties seriously
9.
And, if any lawyer can be shown to have breached these duties, they can be thrown out of the profession
That would concentrate minds wonderfully
10.
That would concentrate minds wonderfully
10.
