The United States has long served as a global beacon of justice with strong constitutional guarantees of free speech, due process and judicial independence. However, even in the strongest democracies, government actions can undermine the independence, integrity and effectiveness of the legal profession.
The law is the cornerstone of any thriving democracy, the foundation of all rights and the last refuge of anyone and everyone. The legal profession acts to uphold justice, defend fundamental rights, and maintain public confidence in the rule of law. To preserve this necessary and important legacy, it is crucial to protect the legal profession and ensure it is able to fulfil its role freely and without undue constraint.
When lawyers cannot do their job, the justice system begins to fail, and the rule of law begins to erode. Ensuring law firms can operate without discrimination or intimidation guarantees that everyone can seek legal advice when needed.
As part of our ongoing work to support lawyers globally, we joined several European Bar Associations in filing an amicus curiae brief to stand in solidarity with the four law firms. We observed measures taken by the US administration against lawyers on the basis of 'national security'. There are concerns that these actions are a response to specific clients that lawyers represent or legal arguments put forward, particularly when these positions don’t agree with the administration’s current policies.
The independence of the legal profession is essential to build trust in justice and the rule of law. When lawyers are pressured or feel that there might be retaliation or interference, then the system stops working and basic human rights collapse. International law warns that lawyers must be free to practise without intimidation, harassment or discrimination to effectively defend clients and uphold the rule of law.
Encroaching on the legal profession, particularly regarding cases relating to human rights or political issues, may have dire long-term consequences. If lawyers feel that there is risk of reprisal or that certain cases are too ‘dangerous’ to touch, then it could block access to justice for many.
Normalising the idea that governments can take action against law firms they disagree with or dislike is a slippery slope and in direct opposition with democratic principles. Lawyers play a crucial role in safeguarding the rule of law. Protecting lawyers and the rule of law is the foundation on which every other right depends.
Mark Evans is president of the Law Society of England and Wales
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