APABA Silicon Valley Joins Amicus Brief Defending the Independence of the Legal Profession in Perkins Coie LLP v. U.S. Department of Justice, et al.

APABA Silicon Valley has joined a nationwide coalition of twenty-seven bar associations and lawyer membership organizations in filing an amicus brief before the U.S. Court of Appeals for the District of Columbia Circuit, urging the court to affirm lower court rulings that executive orders targeting law firms are unconstitutional.

The brief challenges executive actions directed at Perkins Coie, Jenner & Block, WilmerHale, and Susman Godfrey, arguing that these orders retaliate against firms for representing clients and causes disfavored by the administration, and for bringing lawsuits against the government.

The coalition underscores that these actions threaten the independence of the legal profession by pressuring attorneys to prioritize loyalty to the executive branch over their duty to clients. The brief highlights core professional obligations at risk, including undivided loyalty, independent judgment, confidentiality, and candor to the courts.

The amici further warn that the orders will chill law firms from taking on matters disfavored by the administration and reduce pro bono representation relied on by vulnerable communities.

Drawing on historical parallels from the McCarthy era to the suppression of civil rights attorneys, the brief emphasizes that government actions targeting legal advocacy undermine the judiciary’s role as a check on executive power and erode the rule of law.

The brief states: “These Executive Orders are clear attempts to instill fear in the legal profession and intimidate lawyers into submission […] eroding the rule of law. The Court should affirm the decisions to enjoin these Executive Orders.”

The full brief as filed is available HERE.