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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsOfficials at law firms representing Trump are balking at his efforts to overturn elections: report
On Monday, The New York Times reported that senior officials at multiple law firms representing President Donald Trumps campaign in their lawsuits against the election counts are increasingly uncomfortable with their legal teams being used to advance arguments to undermine the legitimacy of the vote.
Some senior lawyers at Jones Day, one of the countrys largest law firms, are worried that it is advancing arguments that lack evidence and may be helping Mr. Trump and his allies undermine the integrity of American elections, according to interviews with nine partners and associates, who spoke on the condition of anonymity to protect their jobs, reported Jessica Silver-Greenberg, Rachel Abrams, and David Enrich. At another large firm, Porter Wright Morris & Arthur, based in Columbus, Ohio, lawyers have held internal meetings to voice similar concerns about their firms election-related work for Mr. Trump and the Republican Party, according to people at the firm. At least one lawyer quit in protest.
Trump has had ties to Jones Day going back years, with one of the legal partners, Don McGahn, going on to serve as the presidents White House counsel and an adviser in his judicial appointments.
https://www.rawstory.com/2020/11/officials-at-law-firms-representing-trump-are-balking-at-his-efforts-to-overturn-elections-report/
malaise
(267,844 posts)If lawyers present a fraudulent case, can they be penalized?
no_hypocrisy
(45,786 posts)Frivolous lawsuits is the tip of the iceberg. Do a Google.
Roisin Ni Fiachra
(2,574 posts)Under Penal Code 132 PC, both the act of offering false evidence and that of preparing false evidence make up the crime. It is characterized by a criminal intent to knowingly present the evidence and also to prepare false evidence to be used in a legal proceeding.
Each is classified as a felony and they carry serious consequences. Despite the classification as a felony, it is important to note that the level of the legal proceedings or its seriousness is relevant to the classification of the charge. The effect of presenting or preparing false evidence is damaging to the court system, which accounts for the seriousness of the offense.
This crime is also closely related to destroying evidence, planting evidence, forgery, and perjury.
https://www.criminallawyersandiego.com/crimes-police-government/giving-false-evidence/
malaise
(267,844 posts)Frivolous lawsuits are a big part of their revenue.
Trump and other grifters & criminals have been taking advantage of this situation forever.
As long as they have money they will suffer no consequences. Particularly, when it involves white collar atrocities. Delay. Delay. Delay. Appeal. Appeal. Appeal. Motion after motion. Ad nauseam.
The only reason some have ever faced consequences is because they've turned themselves in.
StarfishSaver
(18,486 posts)Rule 11 of the Federal Rules of Civil Procedure provide for attorneys to be sanctioned for filing pleadings "presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation," are not "warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law," or do not "have evidentiary support."
Sanctions can include fines and payment of the opposing party's attorney fees.
These lawyers are treading into Rule 11 territory.
JHB
(37,133 posts)Do they really expect to get paid?
The farther they stick their neck out for him, the less likely it's going to happen.
We know better - they call him King Con for a reason
Hugin
(32,784 posts)But, right now... Since McGahn is involved. I think it's a survival strategy and they're all in it together. Similar to kompromat.
StarfishSaver
(18,486 posts)no_hypocrisy
(45,786 posts)1) Ruining the credibility and reputation of those esteemed law firms. It isn't about "Justice."
2) Any lawyer who files a cause of action/lawsuit without merit and/or evidence faces the sanctions of filing a frivolous lawsuit. No attorney wants that on his/her resume. Not only is the action dismissed, but the losing side has to pay treble damages (damages multiplied by three) to the other side, plus attorneys fees for the other side, and court costs.
3) The filing attorney could face sanctions before their bar and/or face ethics charges.
My guess is that they forced a hefty retainer as Trump is known not to pay his bills. Even if it's $1 million, we all know that if the law firms don't deliver the goods, Trump will sue them for legal malpractice. Even if they can survive that challenge, it still doesn't look good for the reputations of the attorneys and their law firms.
IOW, LOSE/LOSE.
malaise
(267,844 posts)Hugin
(32,784 posts)The theory being that once the unwashed masses see how easily they die like anyone else, there will be no stopping them from killing them all.
Gothmog
(144,005 posts)malaise
(267,844 posts)no_hypocrisy
(45,786 posts)Ethics Rules demand that a legal advocate be able to represent any client for any position, no matter his/her/their personal sentiments about the client and/or their position as long as one's personal feelings don't interfere with that representation. Example: If I'm an attorney who is pro-choice and the client is suing to close an abortion clinic, as long as I can put my personal feelings aside and be a fair advocate, there is no reason why I can't represent that client. This is what allowed Clarence Darrow to represent both railroad trusts as well as the proverbial Scum of the Earth.
Now, that being said, looking at the present situation, an attorney at the law firms faces a choice: Quit your firm or represent the client. When a partner assigns a client/case to you, you'd better be able to prove why you can't represent that client -- and most reasons why not fail. (Example: conflict of interest like the client is your brother-in-law or a former client in another matter)
Otherwise, essentially the only thing one can do to protest the law firm taking a case like this is not to engage such law firm for any of your matters in the future. Unless you can lodge an ethics violation, there really isn't much one can do if you're not the client.
Gothmog
(144,005 posts)soothsayer
(38,601 posts)Link to tweet
?s=21
Donald J. Drumpf
@RealDonalDrumpf
Many people are saying my lawyers should bill me in advance because I might stiffing them. True! But Rudy works for me "Pro Boner" in exchange for his membership in the #AgingPervertClub, easy access to foreign criminals & the chance to get Borat's daughter alone in a hotel room.