Kostelanetz LLP has joined with more than 500 other law firms in filing an amicus brief arguing that governments may not punish lawyers for representing particular clients or types of clients. We do so not to express a political opinion or choose sides between political parties or their leaders. Rather, our intent is to advocate in favor of the rule of law and the legal system itself. Our Nation’s integrity and prosperity depend on having a judicial system that can fairly and efficiently determine the facts and apply the law in disputes, including disputes between citizens and the government. That system can work only if lawyers feel free to represent clients without fear of governmental retribution.
Under section 1.2(b) of the Model Rules of Professional Conduct, as adopted in most states, a lawyer’s representation of a client “does not constitute an endorsement of the client’s political, economic, social or moral views or activities.” It follows that lawyers who represent clients, even “unpopular” clients, may not be reprimanded for choosing to represent a client or advocating for a position that the government might condemn.
Lawyers at Kostelanetz have vigorously represented clients across the political spectrum and have advanced legal arguments for pursuing both “liberal” and “conservative” causes. We will always zealously advocate for our clients and the rule of law.
