This is the common wording of the oath sworn by lawyers to allow them to practice law in any state in the United States (e.g., New York):
“I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of New York, and that I will faithfully discharge the duties of the office of attorney and counselor-at-law to the best of my ability.”
Sounds pretty vague to me. Lots of “wiggle” room in this oath. What do you think?
In a war, you must have better soldiers, weapons, strategies, tactics, and the moral “high ground” to prevail.
The United States is in a state of war against four principal, committed opponents: the Trump 2.0 administration, the MAGAs, Russia, and China.
The first phase of this war is to be fought and decisively won against the Trump 2.0 Administration. This is not a war fought with guns, tanks, artillery, bombs, and planes — not yet. This phase of the war will be fought by lawyers citing the Constitution in courtrooms in front of judges. Courtrooms will be the battlefields. Lawyers and judges will be the soldiers. The Constitution’s articles and amendments will be soldiers’ shields and swords.
Although I fervently hope We prevail against Trump 2.0 with the legal profession leading the way, I have my doubts:
Trump is an expert at using the threat of legal action, frivolous law suits, and legal delaying maneuvers. These tactics escalate legal costs and are intended to coerce people and organizations with legitimate grievances to abandon legal proceedings to hold Trump accountable for his illegal actions.
Like most institutions operating in a capitalist economy, the legal profession is money-driven. If they know you have money, they will take on your case even if they think they will lose in court. Conversely, If you have no money, they are unlikely to take on your case unless they are sure they can win, get a settlement, and get paid.
Lawyers are the soldiers on the front line of our battle with Trump 2.0. But, lawyers are mercenaries. They typically get paid to fight. If they think they won’t or might not be paid, they will abandon the battlefield.
Will the big prestigious law firms stand and fight, to the death, in a pro bono battle with Trump 2.0?
In the first skirmish, a few fought back against Trump 2.0’s executive orders. The rest dropped their weapons, surrendered, and “kissed the ring”, or they ran from the battlefield and hid.
As the first 100 days of Trump 2.0 evolved, I didn’t pay much attention. What I heard was happening was what I had expected, only much worse and more chaotic. Like the proverbial ostrich, I kept my head firmly implanted in the sand.
Then, I heard the name “Perkins-Coie” and Trump 2.0’s full frontal legal assault on them and other large prestigious law firms. They had been declared adversaries of Trump, Trump 1.0, and Trump 2.0 and faced a plethora of executive orders intended to hobble their abilities to provide legal services for or against the United States Government.
I recalled attending, many years ago, a series of legal seminars hosted by Perkins Coie in Seattle, Washington. Perkins Coie did not represent the company I worked for. My company was represented by a competitor of Perkins Coie — another prestigious Seattle law firm occupying multiple floors of a downtown Seattle skyscraper with sweeping views of Puget Sound and the Olympic Mountains.
Every time I visited the offices of these prestigious law firms and sat in their spacious conference rooms with great views to discuss our company’s legal issues, I understood that a large portion of the legal fees my company paid were not for first-class legal services, but for the great view. Eventually, I realized I was feeding my ego by having our company represented by a “prestigious” downtown law firm. I found and switched to a one-man law firm — better performance and service at a much lower cost.
I hope my concerns about the legal profession’s ability and willingness to defend itself and America against Trump 2.0’s targeting and rapid, non-stop ravaging of United States Government Departments and Agencies, America’s principal non-government institutions (e.g. universities, hospitals, corporations, etc.), and specific cohorts of American citizens and individual citizens is unfounded.
The legal profession is our first line of defense against Trump 2.0. If they use their talents and assets to attack Trump 2.0 from multiple directions and overwhelm Trump 2.0’s ability to defend itself and mount new offenses, we can win. The ACLU and other “for the people” advocates cannot do this alone. Large prestigious law firms and other private law firms regardless of size or assets must put “boots on the ground” and stay in the fight until Trump 2.0 is defeated.
The legal profession are Our soldiers on the front line. The Constitution is their sword and shield. The “Rule of Law” is their rallying cry.
If the legal profession cannot or will not “hold the line” and win Our battle with Trump 2.0, then the American People will have to “take to the streets” with pitchforks, knives, and other weapons to right the ship of state.